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Family, law, and inheritance in America
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ISBN: 1107241766 1139889737 1107251273 1139564994 1107247950 1107250447 1107248787 1107249619 9781139564991 9781107250444 9781107247956 9781107248786 9781107035508 1107035503 1299841767 9781107241763 9781139889735 9781107251274 9781107249615 Year: 2013 Publisher: Cambridge [England]

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Abstract

Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes criss-crossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that 'capacity' was a term laden with legal meaning and competing communal values about family, race relations and rationality. These concepts evolved as Kentucky transitioned from a conflicted border state with slaves to a developing free-labor, industrializing economy.

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