This post is by Lynne Connolly.
Marriage settlements were not part of Parliamentary law. They were decided by private contract, drawn up by a solicitor (lawyer). Usually they aimed to use the money the woman brought into the marriage to pay for her jointure on widowhood and for the dowries of her daughters in the marriage. The idea was not to cause any encroachments on the main estate, which it was important to keep intact. Her jointure was usually invested in safe things, so that it would have grown to the required amount before the marriage. This would be laid down in the settlement, which was signed shortly before the marriage, by the couple concerned, and if they were underage, by their parents or trustees. There were no legal guardians in this period, but trustees would be appointed to the estate in the event of early death, and a person, usually a lawyer or professional, appointed to administer the legacy. No interested party, i.e. nobody who could benefit from the death of the minor, could be an administrator or a sole trustee, so that means wicked uncles were excluded!
The main estate, which included lands, houses, investments, things like mineral mines, shipping lines and insurance, was sacrosanct. Spending or mortgaging would inevitably diminish the power of the title holder, and the rest of his family. Much of the estate was not owned, it was in an entail – it belonged to the title, and could not be separated from it except under specific circumstances drawn up with the Letters Patent or Letters Writ when the title was created. Many aristocrats built personal fortunes, and they could dispose of them as they wished, but the strong imperative was to build on it and keep it intact. The estate was the power base.
An heiress could bring property and money that would enhance the estate, and that was the central idea behind marriage in this period.

#RegencyTrivia #HistoricalRomance #ReadaRegency
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