Historical inheritance systems

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Historical inheritance systems are different systems of inheritance among various people.

Detailed anthropological and sociological studies have been made about customs of patrilineal inheritance, where only male children can inherit. Some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order.

Cross cultural research about systems of inheritance

Land inheritance

Land inheritance customs greatly vary across cultures. The Ethnographic Atlas gives the following data regarding land distribution: primogeniture predominates in 247 societies, while ultimogeniture prevails in 16. In 19 societies land is exclusively or predominantly given to the one adjudged best qualified, while equality predominates in 301 societies.[1] Regarding land inheritance rules, in 340 societies sons inherit, in 90 other patrilineal heirs (such as brothers), in 31 sister's sons, in 60 other matrilineal heirs (such as daughters or brothers), and in 98 all children. In 43 societies land is given to all children, but daughters receive less. In 472 societies, the distribution of inherited land follows no clear rules or information is missing, while in 436 societies inheritance rules for real property do not exist or data is missing; this is partly because there are many societies where there is little or no land to inherit, such as in hunter-gatherer, pastoral societies or societies.

Patrilineal primogeniture, where the eldest son inherits, was customary among many cultures around the world. Patrilineal ultimogeniture, where the youngest son inherits, was customary among a number of cultures including: Fur, Fali, Sami (also called Lapp), Moldovan, Czech, Ukrainian, German, Swiss, Bashkir, Chuvash, Gagauz, Vep, Tatar, Achang, Ayi, Atayal, Kachin, Biate, Chinantec, Hmar, Mro, Kom, Purum, and Lushei or Lushai (sometimes mistakenly taken for the whole Mizo people, especially in the past).

Among English peasants there was no clearly prevalent inheritance pattern, while Spanish Basques gave their land to the one considered best qualified, though they had a preference for sons. Giving more or less equal shares of land to sons, but excluded daughters was also common in many populations, as was giving relatively equal shares to both sons and daughters or slightly less to daughters. The same system prevails in contemporary Egypt and most Arab groups (see Sharia). Most non-Arab Muslims, with some exceptions (Caucasians, Iranians), historically followed their own inheritance customs, not those of the Sharia. In Ancient Egypt the eldest son inherited twice as much as other sons, and in earlier times he was the sole heir.[2][3]

Among the Lao, the Aceh, the Guanche, and the Minangkabau, all daughters inherited equal shares of land. The Cham, the Jaintia, the Garo and the Khasi practiced female ultimogeniture. Primogeniture regardless of the sex of the child was customary among the Paiwan, the Ifugao, the Chugach and the French Basques, while ultimogeniture regardless of the sex of the child was customary among the Chuvash and the Mari.

Bilateral primogeniture is a rarer custom of inheritance where the eldest son inherits from the father and the eldest daughter inherits from the mother. This practice was common among the Classic Mayas, who transmitted the family's household furnishings from mother to eldest daughter, and the family's land, houses and agricultural tools from father to eldest son.[4] It was also seen in the Greek island of Karpathos, where the family's house was transmitted from mother to eldest daughter, and the family's land was transmitted from father to eldest son.[5] Among the Igorot, the father's land is inherited by his eldest son and the mother's land is inherited by her eldest daughter.[6]

A review of numerous studies found that the pattern of land inheritance traditionally prevalent among English, Dutch and New Englander peasants was partible inheritance. The pattern of land inheritance traditionally prevalent among Russian peasants was found to be close to patrilineal primogeniture, "as oldest sons may well inherit more". The conclusions of this review contradicts previous previous reports that Russians practiced equal inheritance of land by all sons and that the English, Dutch and New Englanders had no definite inheritance pattern.[7]

In easternmost Europe, Patrilineal ultimogeniture prevailed among most Turkic peoples. Equal inheritance of property by all sons prevailed among most Uralic and Finno-Ugric peoples, and patrilineal primogeniture prevailed among Estonians and Balts.[8]

Inheritance customs are sometimes considered a culturally distinctive aspect of a society; for example, the customs of primogeniture predominant among many northeastern Indian tribes have been considered as possible proof of their remote Jewish or Semitic origin.[9] Although it is often thought that the Mizos employ ultimogeniture, this is because the customs of Lushais or Lusheis are confused with those of all Mizos; Mizo and Lushai have been occasionally used interchangeably. Among most non-Lushai Mizos, primogeniture predominates,[10] just as among Kukis.[11] In general there is great confusion about the ethnic identity of the many northeastern Native American tribes.[12] Some regard the generic term Zomi as most appropriate.[citation needed]

Inheritance of movable property

The same disparity is seen regarding inheritance of movable property. Most nomadic peoples from Asia, for example the Khalka Mongols, give a more or less equal share of the herd to each son as he marries. Typically the youngest remain behind caring for the parents and inheriting his father's tent after their death in addition to his own share of the herd.[13] However, others, such as the Yukaghir and the Yakut, leave most of the herd to one son (in the above examples the youngest and the eldest, respectively). Some pastoral peoples from other geographical areas also practice unequal wealth transfers, although customs of equal male inheritance are more common among them than among agriculturalists.

Patrilineal primogeniture with regards to both livestock and land was practiced by the Tswana people, whose main source of wealth was livestock, although they also practiced agriculture.[14][15][16] This practice was also seen in other southern Bantu peoples, [17] such as the Tsonga,[18] or the Venda.[19] Although, among the Venda, while the livestock was inherited by the eldest son, land was not inherited within families but given to each son by village authorities as he married. Among the Tsonga, most of the land was used only for stockbreeding. Patrilineal primogeniture also prevailed among the neighboring Khoi peoples, of whom only the Nama (among whom patrilineal primogeniture also prevailed)remain.[20]

Many other African peoples also practiced patrilineal primogeniture with regards to livestock. These included: The Ngoni, the Gogo, the Mangbetu, the Rendille, the Sapo, the Boran, the Gabra, the Plains Pokot, the Hema, the Beti-Pahuin, the Buduma, the Dogon, the Duala, the Djafun and the Kassena. According to the Ethnographic Atlas, the Fulbe or Fulani, the largest pastoral people in Africa, divided their livestock equally between all sons. However, according to some other sources they practiced male primogeniture.[21]

Chukchi, Koryak and Ket peoples practiced male ultimogeniture. It has been stated that the rest of Siberian peoples, such as Voguls, Samoyeds or Khantys, practiced patrilineal primogeniture, though there isn't much reliable information about the traditional customs of Siberian peoples. It is said that Gilyaks divided their cattle equally between all sons. Patrilineal primogeniture was also traditionally prevalent among pastoral peoples from Australia, such as the Aranda, as well as among Himalayan pastoralists like the Changpa.[22]

Patrilineal primogeniture was traditionally prevalent among some pastoral peoples from Greenland and northern Canada. The neighboring Indigenous peoples of the Pacific Northwest Coast were organized in societies where elder sons and their lines of descent had higher status than younger sons and their lines of descent (a "conical clan"), although a rule of patrilineal primogeniture couldn't develop among most of them since they were mostly hunter-gatherers. However, rule of patrilineal primogeniture did develop among some Canadian indigenous peoples who practiced agriculture, such as the Montagnais, the Kutchin, the Pikangikum, the Ojibwa, the Klallam and the Atsugewi. Canadian indigenous peoples were influenced by the ancient Thule culture, of which little is known with certainty.

Other sources

Intergenerational wealth transmission among agriculturalists tends to be rather unequal.[23] Only slightly more than half of the societies studied practice equal division of real property; customs to preserve land relatively intact (most commonly primogeniture) are very common. Wealth transfers are more egalitarian among pastoralists, but unequal inheritance customs also prevail in some of these societies, and they are strongly patrilineal.[24]

A study of 39 non-Western societies found many customs that distinguished between children according to their sex and birth order. First sons, in comparison to other sons, "are likely to inherit or otherwise gain control of more family land, livestock, or other wealth." First sons inherited more than the other sons among 11 societies studied. Among the Todas, both first and last sons inherited more than the other sons. Last sons inherited more than the other sons among the Lolo and the Yukaghir, and inherited less among the Luo. The people found to have the greatest number of customs favourable to first sons in the study were the Tswana, followed closely by the Azande. The people with the greatest number of customs favorable to last sons in their study were the Lolo. This study confirmed ethnographers' claims that customs favorable to first sons were common in South Asia, Austronesia and Sub-Saharan Africa, while customs favorable to last sons were common among the ethnic minorities of Southwest China.[25]

The only custom that distinguished between sons among the Dagor Mongols was that first sons received more respect from his siblings and last sons received less respect from their siblings. This contradicts those theories that maintain that peoples of the Asian steppe had strong customs favorable to first or last sons. In fact, the indigenous American peoples had significantly more customs favorable to first sons than the Dagor Mongols.[25]

Among Arab peoples, such as the Egyptian Fellahin, all sons inherited the same and had the same wealth. This was also seen among the Alaska Native peoples such as the Eyak.[25]

Jack Goody was an influential anthropologist during the twentieth century. However, his theories have been mostly rejected during the last decades.[citation needed] He made a distinction between a complete and a preferential form of primogeniture and ultimogeniture. In the complete form of both customs, the rest of the children are excluded from the inheritance. However, in the preferential form of primogeniture, the eldest son acts as custodian of the father's rights on behalf of his brothers. In the preferential form of ultimogeniture, the youngest son inherits the residue of his father's property after elder sons have received their shares during the father's lifetime. Goody called ultimogeniture "Borough English" and primogeniture "Borough French" because in England ultimogeniture was a native custom, while primogeniture was a custom brought by the Norman invaders. According to Goody, in Late Medieval England, patrilineal primogeniture predominated in feudal tenures and among the peasantry of large parts of the Midlands. Patrilineal ultimogeniture ('Borough English') prevailed elsewhere in the champion country. Partible inheritance (gavelkind) prevailed in Kent, East Anglia and the Celtic areas.[26]

Both preferential primogeniture and preferential ultimogeniture were practiced in pre-revolutionary Russia, where the eldest son succeeded as family head and inherited more than the other sons.[27] The "the youngest son, if he remained with the father, inherited the house and also at times other property" (minorat).[28] However, the share of land and moveables of the other sons was only slightly smaller than that of the eldest and the youngest son. Only in the southern part of the country was the house inherited by the youngest son; in the north it was inherited by the eldest son.[29]

The Russian family of around 1900 considered property such as the house, agricultural implements, livestock and produce as belonging collectively to all family members. When the father died, his role as head of the family (known as Khozain, or Bolshak ) was passed to the oldest person in the house. In some areas this was the oldest son. In others it was the oldest brother of the deceased so long as he lived in the same house. There were some areas were a new head would be elected by the family members. If all surviving members of the family were under age, a relation would become a co-proprietor. If property was divided after a death, each adult male in the house got an equal share. Sons who had left home did not have a right of succession. Females remained within the family and received a share of the inheritance when they married. In the north of Russia, the oldest son inherited the house. In the south the eldest son would have set up a separate house while the father was still alive, therefore the youngest inherited the fathers house upon his death.[29]

Systems of inheritance among various peoples

History has brought into life a creative system of inheritance systems, fitting the best needs of the various people in their unique environment and challenges.

Inheritance customs as a cultural dimension

Inheritance customs do not follow clear ethnic, linguistic or geographical patterns. Equality between all sons and a subordinate position of women, with the exclusion of daughters from inheriting, are prominent aspects of Hungarian,[30] Albanian,[31] Romanian,[32] and most Slavic[33][34][35] or Latin American cultures,[36]. While many studies show the privileged position that the eldest son traditionally enjoyed in Slovene,[37] Finnish[38] or Tibetan culture.[39] The Jaintia, the Garo and the Khasi, on the other hand, traditionally privileged the youngest daughter. Some peoples, like the Dinka,[40] the Arakanese,[41] the Chins of Myanmar,[42] or the Karen, frequently show a compromise between primogeniture and ultimogeniture in their inheritance patterns. Although among many Chins of Myanmar, the advantage that the eldest and the youngest son have over other sons is really small, so it is not correct to speak of a true pattern of mixed primogeniture and ultimogeniture. The advantage of the eldest and the youngest son is somewhat more ample among the Dinka and the Arakanese. The compromise between primogeniture and ultimogeniture was also found among the Kachin and the Dilling, as well as among the Sherpa to some degree. This pattern of inheritance is also reported for many Fulbe villages in the Republic of Guinea,[43] though it seems that in past times the eldest son inherited all in Guinea.[44]

Sometimes inheritance customs do not entirely reflect social traditions. Romans valued sons more than daughters, and Thais and Shan showed the reverse pattern, though all practiced equal land inheritance between all children. The Shan people, who live mostly in northern Thailand and northeastern Myanmar, are markedly matrilocal.[45] [46]

In Han Chinese tradition, the eldest son was of special importance. The law punished more harshly offences by a younger brother against an elder brother than vice versa.[47] The eldest son received the family headship in cases where the family held together as a single unit, and the largest share in cases of family division, since he also inherited the cult to family ancestors.[48] This is still practiced in Taiwan nowadays,[49] though Chinese peasants have practiced partible inheritance since the time of the Qin and Han Dynasties, when the previous system of male primogeniture was abolished.[50] In some cases, the eldest son of the eldest son, rather than the eldest son, was favored.[51] Ritual primogeniture was emphasized in the lineage organizations of North China.[52] During the Longshan culture period and the period of the three Dynasties (Xia, Zhou and Shang), patrilineal primogeniture predominated.[53]

Among Mongols it has been usually stated that the youngest son had a special position because he cared for his parents in their old age. On their death he inherited the parental tent, which was connected with the religious cult in Mongol traditions, though all sons received more or less equal shares of livestock as they married. However, in contrast to this popularly held notion, more rigorous and substantiated anthropological studies of kinship and family in central Asian peoples strongly indicate that in these societies elder sons and their lines of descent had higher status than younger sons and their lines of descent. In central Asia, all members of a lineage were terminologically distinguished by generation and age, with senior superior to junior. The lineage structure of central Asia had three different modes: genealogical distance, or the proximity of individuals to one another on a graph of kinship; generational distance, or the rank of generation in relation to a common ancestor; and birth order, the rank of brothers in relation to each another.[54] The paternal descent lines were collaterally ranked according to the birth of their founders, and were thus considered senior and junior to each other. Of the various collateral patrilines, the senior in order of descent from the founding ancestor, the line of eldest sons, was the most noble. In the steppe, no one had his exact equal; everyone found his place in a system of collaterally ranked lines of descent from a common ancestor.[55] It was according to this idiom of superiority and inferiority of lineages derived from birth order that legal claims to superior rank were couched.[56] Furthermore, at least among Mongols, the elder son inherited more than the younger son, and this is mandated by law codes such as the Yassa, created by Gengis Khan.[57]

Among Arabic peoples, it is sometimes argued that the expansion of Islam brought an end to the sharp distinction between the firstborn and other sons so characteristic of ancient Semitic peoples.[58][59][56] However, many peoples who have partially or completely embraced Islam, have also established inequality between sons, such as the Oromo of east Africa, who had patrilineal primogeniture in inheritance, in spite of the fact that some of them were Muslim.[60] Other Muslim peoples, like the Minangkabau and the Javanese of Indonesia, the Turks, or the Fur in Sudan, also have inheritance practices that contradict their Islamic beliefs. Most non-Arab Muslims historically followed their own inheritance customs, not those of the Sharia.

In India, inheritance customs were (and still are) very diverse. Patrilineal primogeniture predominated in ancient times. The Laws of Manu state that the oldest son inherits all of the father's estate.[61] Since the Middle Ages patrilineal equal inheritance has prevailed in perhaps a majority of groups,[62] although the eldest son often received an extra share.[63][64] Under this system, the estate would be shared between all sons, but these would often remain together with their respective families under the headship of the karta or family head, who was usually the eldest son of the previous family head.[65] However, among some South Asian peoples, such as the Western Punjabi, male primogeniture continued to prevail.[66]

Fertility and marriage strategies across diverse societies

Cross-cultural comparisons

The practice of widow inheritance by younger brothers has been observed in many parts of Africa and the Asian steppe, as well as small zones of South Asia. This practice forces younger brothers to marry older women.[67] Eastern European cultures, on the other hand, are characterized by early, universal and equal access to marriage and reproduction, due to their systems of equal inheritance of land and movable property by all sons.[68] Research on pre-industrial Russian Karelia however, suggests that younger brothers frequently remained unmarried,[69] and the joint-family household characterized by the equal inheritance of land and moveable property by all sons and patriarchal power relations wasn't universal in Russia.

The patrilineal joint-family systems and more or less equal inheritance for all son in India and China meant that there was no difference in marriage and reproduction due to birth order. In the stem-family systems of Northwest Europe however, access to marriage and reproduction wasn't equal for all sons, since only one of them would inherit most or all of the land.[70]

The survival and well-being of children in India and China is positively influenced by the number of older siblings of the opposite sex and negatively influenced by the number of older siblings of the same sex.[71][72] However, definitive celibacy was historically relatively uncommon in India and China, but relatively common in many European societies where inheritance was impartible. The Han Chinese first sons historically married earlier, had lower rates of definitive celibacy and more children (especially males) than their younger brothers. However, they suffered higher mortality rates. This has been attributed to the fact that eldest sons needed to have more children to succeed them as heads and were willing to take more risks and suffer a higher drain of resources to achieve this.[48] The Chinese joint family system had strong inegalitarian traits that made it demographically more akin to a stem family system. According to Emmanuel Todd and others, it be reminiscent of the system of patrilineal primogeniture prevalent during the Longshan culture period and the period of the Three Dynasties.[53]

In Germany, historically, the number of elder brothers at birth increased infant survival, and was positively correlated with access to marriage and reproduction due to customs of male ultimogeniture.[73]

Variations by class and context

There is a strong relationship between fertility and inheritance in "Malthusian" contexts of resource scarcity. In contexts where resources are plentiful, the relationship between inheritance and social outcomes can be different. In the Midwest and Northeast United States during the period from 1775 to 1875, where resources were plentiful, being the first son was positively correlated with wealth and fertility. As in other western cultures, but unlike European societies where resources were scarce, this has a complex relationship with inheritance.[74]

Inheritance practices and seniority of patriline, as well as the importance of inheritance itself, have varied over time among the Lisu. This was mostly in response to changes in resource availability and poppy cultivation.[75]

In the United States, daughters currently inherit on average more than sons.[76] In the past, however, the eldest son was favored in matters of land inheritance. During the Colonial Period, the eldest son inherited twice more than the other sons in the northern colonies (these inheritance laws were modelled on Mosaic Law), and in the southern colonies there was a rule of male primogeniture.[77]

In northern Ghana, a region where male primogeniture predominates, rich households favoured sons over daughters. It is likely that first born sons would have been prefered as they would inherit the wealth and therefore have higher reproductive prospects.[78]

Cultural patterns of child-preference

Nowadays in the western world, parents commonly show favoritism towards daughters and later-born sons,[79][80][81] As regards only parent-son relationships, mothers usually show favoritism towards the first and the last son; their greatest expectation for the first son is that he continues the family line, while their greatest expectation for the last son is that he cares for her during her old age. Fathers, on the other hand, show more favoritism towards a son the later he has been born in comparison to his brothers. However, these tendencies aren't reflected in current inheritance practices, which have lost much of their past importance and are now generally egalitarian, and familial practices in general do not reflect significant sex or birth order biases. Familial or social feelings against firstborn sons have been explained as a consequence of the idea that the eldest son, being the foremost representative of the following generation, is also the one who symbolically "kills" the older generation. Mary W. Helms writes in "Access to Origins: Affines, Ancestors, and Aristocrats": "parents … may view their firstborn with considerable ambivalence given that this child is incontrovertible evidence that their own personal and social prominence will one day be usurped by the next generation. In such settings, firstborns … may be forced to stand apart from parents and be treated with considerable coldness".[82] Customs of ultimogeniture have been explained as a consequence of the farmers' desire to postpone a few years their age of retirement due to feelings of being "early dethroned" if they chose their eldest sons as successors. This line of superstitious thinking has been linked to the preeminence of lastborn siblings in popular myth and folklore around the world. Thus in some cultures that practice male primogeniture there are ambiguous, contradictory feelings towards lastborns. (see for example Walter H. Sangree's investigations about the Tiriki tribe in Kenya).[83] Yet in all societies that practice infanticide, it is the youngest of the infants of the same sex who is invariably killed[84][85] (see for example the evidence of population control among peasant families in Tokugawa Japan, where families killed the children born of the sex that was overrepresented among previous births after the birth of the second child, such that a couple who had two children and both were male would kill the next child if he was also a boy, for example,[86][87][88] or among contemporary Karo Batak, who do the same[89]). The true objective of infanticide seems to be always population control, as shown for example by archaeological evidence regarding Child Sacrifice in Carthage, where youngest sons sons were customarily sacrificed to the Gods according to Lawrence E. Stager.[90] He writes that this was done because even where primogeniture was the rule, family claims of one sort or another could easily dilute the family patrimony. However, according to Laiu Facchai, Phoenicians were the Semitic people among whom male primogeniture was strongest.[91]

Research has also shown that in English-speaking countries, but not in Japan, there is a tendency for the older sibling to be the victim and the younger sibling to be the killer in siblicide cases in which victim and killer are of the same sex.[92] This study also showed that there are many more Siblicide cases in English-speaking countries than in Japan. In English-speaking countries, younger siblings are generally the perpetrators of violence against older siblings when both of them are adults and of the same sex, especially if they are brothers.[93][94] Among the Dutch, by contrast, conflict between siblings is rare,[95] although firstborns are typically less dominant than laterborns.[96]

Peculiar rites of celebration and avoidance of the firstborn are seen among the Fulbe.[97]

Among the Hausa, a mother and his eldest son engage in mutual avoidance behavior: "the purpose of this behavior is to mark her change of status from that of a wife without a male child to one who has produced an heir" (Among the Hausa, "inheritance is by primogeniture"[98]). "The continuance of avoidance behavior -the taboo on saying her son's name and his on mentioning hers, for example- is a constant reminder of her social position and the prestige it accords her. Members of the community, for example,will refer to her teknonymously as "the mother of Sule" (uwar Sule), for example. They will express their approval of her status through the increased politeness of their greetings and in other displays of courtesy. A father and son also exhibit mutual avoidance if the son is his mother's first male child. The father never addresses his son directly, but speaks through intermediaries, often the son's paternal uncles. He sends him supplies, money, and watches over him carefully but distantly. Again the relationship marks status.It also forces the child to search outside the wider nuclear family for emotional support and to realize that the wider Hausa community can supply what the more immediate nuclear family lacks (M.G. Smith 1959)"[99]

The Tallensi, who also practiced male primogeniture, also had customs of avoidance (that were far stronger than those of the Hausa) between the eldest son and the father and the eldest daughter and the mother because of their religious beliefs. Among the Mossi, the eldest son would be sent to relatives shortly after circumcision; he would return to the parental household shortly after puberty, and finally after the death of his father he would inherit his property. The Zulus addressed the eldest son and the eldest daughter as 'prince' and 'princess', respectively. Among the Dinka, first sons had an special relationship to the father's totem and divinities (Lienhardt 1961, p. 197). Nancy Scheper-Hughes notes the favoritism towards the first-born son traditionally prevalent in Irish culture and attributes it to the Irish superstition that the first of every thing, action or being is the best, while the last is the worst.[100] Ancient Jews also had the idea that the male first-born of every offspring, human or animal, was sacred and belonged to God (see pidyon haben). According to Jewish tradition, prior to the sin of the golden calf, the eldest son in each family was a kohen. God chose the Levites in their place after the sin of the golden calf, so a first-born son must be redeemed from his birth-state that would oblige him to be a kohen. Francis L. K. Hsu, in "Kinship and Culture", discusses the similarities and differences between Chinese and Tikopia kinship.[101] Raymond Firth carried out a thorough study of the Tikopia in 1929 ("We, the Tikopia"[102]). He revisited the island in 1952 and realized that many of the customs he saw in 1929 were being abandoned, such as the rule that the eldest son must marry and receive more land, as well as the paternal house (in 36 cases the eldest son received the house and in 21 cases a younger son received the house)[103] to continue the main line of descent, while younger sons must remain bachelors, or emigrate, or even die.[104][105] By 1952 marriage was beginning to be universal.[106] However, in the succession to chieftainship, the traditional custom of male primogeniture continued to be respected in Tikopia by 1952.[107] Traditional patterns of favoritism can even influence people's political or personal attitudes according to their birth order. In Japan, for example, where the eldest son was traditionally in a better position than his siblings, research has demonstrated that first sons have a lower preference for income redistribution and other traits typical of better-off people, a finding that the researchers attributed to the Japanese tradition of favoring the eldest son.[108] Research on contemporary German Swiss, a people who traditionally favored the youngest son, has shown the reverse results.[109]

Thus in Northwest Europe, especially among German-speaking peoples, choosing a child who wasn't the eldest son as inheritor was most common in systems of impartible inheritance, and this was done to avoid co-residence between parents and the eldest son, which was thought of as undesirable, male primogeniture being mostly rejected outside the tiny group of the landed aristocracy;[110] and even nowadays parents in European countries are more likely to coreside with a later-born child than with a firstborn child.[111][112] However, in some societies in Sub-Saharan Africa where male primogeniture was practiced, tensions between parents and their inheriting eldest son were resolved through rituals of avoidance, which were most extreme among the Tallensi (although minor avoidance rituals among other peoples such as the Hausa have been given other explanations, it is likely that the underlying psychological principle is the same). Among East Asian peoples, on the other hand, co-residence between parents and their eldest son was thought of as normal and desirable in systems of impartible inheritance, and in some countries such as Japan, Vietnam and South Korea it is widely practiced even nowadays[113][114][115][116][117][118][119][120][121] [122] [123][124][125][126][127][128][129] In the specific case of Japan, although the positive effect of being an edest son on coresidence with parents had declined somewhat during the last decades, after 1998 it has increased again in response to the economic crisis.[130] The coresidence between parents and their eldest son has increased the mean age of marriage of eldest sons, as they now face difficulties finding a wife willing to live with her in-laws,[131][132][133][134] in contrast to what happened in past times, when their marriage and reproduction was facilitated by their status as heirs.[135][136] The same has happened in some areas of southern France with a similar family system.[137] In Japan, the higher demands placed on eldest male children make them perceive the parenting style as more rejecting in comparison to other children, especially daughters, who are educated to be feminine and gentle,[138] and make them more prone to mental illnesses.[139] In Japan, Korea and Vietnam, as well as in some of those European regions where male primogeniture was practiced (such as Catalonia), parents didn't transfer their property to the inheriting son at the point of his marriage as among Germans; instead, the first son remained under his father's authority even after he had married and had had children, and the father remained the nominal head of the family until his death, relinquishing his actual authority slowly and gradually. Osamu Saito describes the Japanese stem family as follows:

"1) Under the i.e. system, one son remain in the parents' household, but other have to leave (what Nakane calls 'one-son succession' rule). The i.e. system's well-defined boundary runs between the son-heir and other siblings, as is suggested in the proverb: 'The sibling is the beginning in the stranger.' 2) The marriage of the son-heir does not necessarily mean that he assumes the headship and management of the i.e. The takeover 'can take place at any time between the marriage of the heir and the death of his predecessor', but usually occurs at a given time according to local or familial traditions. 3) The marriage pattern of the heir and his siblings may diverge: given rule 1, above, it is likely that those who stay in the household tend to marry early and those who leave tend to marry later. 4) It is only the marriages of the latter group of non-heir sons which depend on economic conditions, in particular both land accessibility and job opportunities, but usually the latter".[140]

The Catalan and the Occitan stem families were the European family types that most closely resembled this model.[141][142][143]

In Vietnam, according to surveys carried out by the Institute of Sociology in 1991, "26.7 percent liked to live with the eldest son, 9.1 percent with the youngest son; 12.6 percent with one married son; 4.1 percent with one child, whoever son or daughter; only 2 percent with a married daughter, and only 1.1 percent with a youngest daughter. More specifically, nearly half of the old people preferred to live and eat together with one child (47.4 percent), less than one fifth preferred to live with the family of one child, but have a separate kitchen (18.1 percent)" (Institute of Sociology 1991).

In China, where land is nowadays divided up between all sons at the point of each one's marriage, some studies have found that parents generally reside with the youngest son and his wife. Most peasants, however, insist that in traditional times it had been the eldest son who, after his marriage, had normally stayed on with the parents until they passed away. Jonathan Unger writes in "FAMILY CUSTOMS AND FARMLAND REALLOCATIONS IN CONTEMPORARY CHINESE VILLAGES":

"Today, a rural Chinese household’s property, including its landholdings, is almost always divided up at the time when each of the older sons marries. Frequently it is the youngest son who stays on in the parents’ home and inherits what remains of the parents’ personal portion of the property. Is this a traditional phenomenon, or is it a new practice? Related to this question is the farmers’ attitude towards property rights. Before 1949 farmers had a strong sense of property rights and a firm attachment to their own plots of land. In contrast, today farmers in many parts of China prefer agricultural land not to be privately owned. In fact, they prefer it to be periodically reallocated between neighbouring families, giving land free of charge to households that have grown in membership and taking land from families that have shrunk. Why is there such a preference for land reallocations among China’s farmers? Let us examine the first of these sets of practices. Is the division of a farm family’s property at the time of each son’s marriage a “new born” custom? And traditionally, did rural parents most often live together with the youngest son after his marriage, not with the eldest son? When I asked interviewees in villages in a number of Chinese provinces about this, most insisted that in traditional times it had been the eldest son who, after his marriage, had normally stayed on with the parents until they passed away: that this had been in accord with Confucian teachings of giving precedence to the eldest son. And when I examined books that provide an overall view of pre-revolution family life, a similar generalization cropped up. Lloyd Eastman, for instance, in his book Family, Field and Ancestors wrote that “It was customary... for just the eldest son to continue to reside in the family home and look after the aging parents: younger sons had to move out soon after they took a wife” But if we look instead at studies of specific pre-revolution Chinese villages, it becomes evident that, in fact, village households most frequently followed the opposite course. The practices today are the same as the range of preferences that are found in the studies about pre-revolution villages and Taiwanese villages. My visits to villages in a number of provinces in China revealed that parents who live in stem families with one of their sons most frequently live with the younger son, or alternatively live entirely independently, or live or eat with each married son in turn. Other recent researchers in Chinese villages have found similar living arrangements (e.g., Wang 2004; Jing 2004; Zhang 2004). What is different today is that the division of the paternal household, including its land and other property, most often takes place at the point of marriage. In pre-revolution times, most rural households apparently did not split into separate families by dividing their assets at the first point of a son’s marriage. Rather, the household often held together as a single economic and social unit for some years after the eldest son’s wedding (see, e.g., Harrell 1982: 159–170; Cohen 1970, 1976). Households sometimes remained intact until the younger sons themselves married and the separate conjugal interests of the brothers and their wives began eroding the household’s unity. Why, then, today do the elder sons most frequently split off from their paternal family at the point of their wedding? Certainly, the shift arose within the collective period, as is evident from a number of studies of Chinese villages (e.g., Chan, Madsen and Unger 1992:194; Parish and Whyte 1978: 220; Selden 1993: 145). Before the revolution, when the family had productive assets including land, the drawbacks of cutting the family property into smaller portions had provided a disincentive to split up the household immediately. But under the collectives there was no longer land or a household economy to hold a family together. Instead, the main source of income was in work points, earned by each individual, and thus the economic deterrent to dividing the household had disappeared."[144]

However, some studies have found that coresiding with the eldest son and his family is prevalent even today.[145][146][147] Shangyi Mao and Brett Graham, in their study "The Residential Choice of Siblings in China", using data from general surveys, concluded that the birth order of sons and daughters didn't influence coresidence with parents. Only children and sons were more likely to coreside with parents than daughters and children with siblings, but the order of birth between children of the same sex didn't influence coresidence with parents.[148] However, a recent study by Sen Ma and Fangqi Wen, also using empirical evidence, concluded that coresident children are more likely to be firstborn sons.[149] Coresidence between parents and the eldest son is also common in South Asian countries, such as Bangladesh and India,[150][151] as well as in Arab countries, such as Egypt.[152] In Israel, coresidence between parents and their eldest son prevails in the context of the 'Moshav' movement, a settlement movement that prohibited breaking up family plots; thus the eldest son inherits the family farm.[153][154]

According to Meyer Fortes, "it is the firstborn who establishes the relationship of filiation once for all in respect of his parents' field of kinship and it is he (or she) who frequently carries the responsibility of representing te whole of his co-filiate sibling group in jural and ritual contexts. It is he who is likely to be principal heir and successor to his father in patrilineal, to a mother's brother in matrilineal, systems and it is upon him therefore that both the continuity and solidarity, and the cleavage and rivalry, between successive generations are apt to be focused".[155] "The distinction is made explicit and the first born is thus set apart in almost every aspect of social organization, firstly as creator of parenthood, secondly as founder of the filial generation, thirdly as head of the sibling group thus constituted. In the ___domain of law and politics, he may be the designated heir, by primogeniture, as among Tallensi, Mossi, Tikopia, Hindu, Chinese, and other patrilineal peoples of antiquity as well as of today".[156] He wrote extensively about the firstborn in his article "The firstborn".[157]

In South Korea, modern businesses (chaebol) are handed down according to male primogeniture in most cases.[158] An study of family firms in the UK, France, Germany and US found that male primogeniture was the inheritance rule in more than half of family firms in France and the UK, but only in less than a third of those in the US and only in a quarter (25 per cent) of those in Germany.

An study found that South Korean parents favor sons over daughters, as sons receive larger inter-vivos transfers and attain higher levels of education, while parents in the US favor daughters over sons, as inter-vivos transfers and educational investment is generally higher among female adult children.[159]

Seema Jayachandran and Rohini Pande found that there is an strong parental preference for the eldest son in India, partly for religious reasons, and this even causes a progressive decrease in the height of each successive son.[160] A decrease in the height of each successive son has also been found among other peoples with an strong preference for the eldest son, such as Swedes,[161][162] New Zealanders,[163] pre-1945 Japanese[164] and Filipinos.[165] By contrast, an study in Germany found that height progressively increased in each successive son.[166]

Social approaches to inheritance customs

Employing differing forms of succession can affect many areas of society. Gender roles are profoundly affected by inheritance laws and traditions. Impartible inheritance has the effect of keeping large estates united and thus perpetuating an elite. With partible inheritance large estates are slowly divided among many descendants and great wealth is thus diluted, leaving higher opportunities to individuals to make a success. (If great wealth is not diluted, the positions in society tend to be much more fixed and opportunities to make an individual success are lower). Inheritance customs can even affect gender differences in cognitive abilities: a recent study[167] showed that among the Karbis, who employ male primogeniture, men perform significantly better than women in tasks of spatial abilities, while there are no significant differences in the performance of men and women among the Khasis, who employ female ultimogeniture.

The degree of acceptance that a society may show towards an inheritance rule can also vary. In South Africa, for example, the influence of more modern, western social ideas has caused strong opposition, both civil and official, to the customary law of patrilineal primogeniture traditionally prevalent among black peoples, and inheritance customs are gradually changing.[168][169][170][171][172][173] J.Bennett explains the customary law of South African indigenous tribes (male primogeniture) in detail in his book "Customary Law in South Africa":

"If the head of a family had only one wife, the rules of succession for all systems of customary law in South Africa are more or less the same. A deceased is succeeded by his oldest son; if that son is already dead, the oldest surviving grandson succeeds. Failing any male issue in the oldest son's family, succession passes to the deceased's second son and his male descendants and so on through all the deceased's sons and their male offspring. [..] In polygynous families, these rules of succession are modified to take account of the fact that the household is divided into separate units or `houses'. According to all the systems of customary law in South Africa, each of a man's marriages establishes a new and independent house. The property in these houses is kept strictly separate, for each estate is inherited by the heir to the house. A further consideration to determine the inheritance of house property is whether the system of polygyny is `simple' or `complex'. According to the simple system, the heir is the first-married wife's oldest son, or, if that person is already dead, his oldest son. Failing any male descendants in the first house, the next in order of succession is the oldest son of the second-married wife and his male descendants, and so forth.When homesteads are divided into two (or even three) different sections, the system of polygyny is termed `complex'. With Xhosa-speaking peoples, for instance, the homestead of a man with two wives is divided into great and right-hand sides. The oldest son of each house becomes heir to that house; if one house has no male issue, the eldest son of the other inherits both. Where the deceased had married a third wife, she would be affiliated (as a qadi or support) to the great house. If one of the houses has no heir, it is inherited by the most senior heir of the section of the homestead to which it was attached. In other words, the heir to a qadi of the great house would be the eldest son of the great house. Conversely, if the great house had no heir, it would be inherited by the heir of its qadi. Zulu homesteads may be divided into three sections: a great house (indlunkulu), a right-hand house or support (iqadi) and a left-hand house (ikhohlwa). As with the Xhosa, junior houses are affiliated to one of the senior houses, and, if there are no sons in the iqadi (or any of its affiliated junior houses), recourse is had to the indlunkulu, and vice versa. Where the ikhohlwa and its junior houses have no heir, this section is inherited by the heir of the indlunkulu."

In Lesotho[174] and southern Ethiopia,[175] surveys reveal that most people today still follow the custom of male primogeniture. On the other hand, in Zambia (where it applies to 80 per cent of all the land in the country),[176] Namibia[177][178] and Cameroon,[179] the customary law of patrilineal primogeniture prevalent in these countries is also beginning to be challenged in court. In eastern Democratic Republic of Congo, the predominant custom of male primogeniture is also beginning to be considered unfair by some women and younger sons.[180] However, in South Sudan,[181] Uganda,[182] Tanzania (where it applies to 80 per cent of patrilineal communities),[183] Burundi,[184] Equatorial Guinea,[185] Zimbabwe and Gambia,[186] the custom of patrilineal primogeniture predominant in all these nations hasn't yet caused much opposition. In Ghana, the diverse inheritance customs across ethnic groups (such as male primogeniture among the Ewe and the Krobos, or matrilineal inheritance among the Akan) contribute to the phenomenon of children living in the streets.[187] In Sierra Leone, the inheritance customs prevalent in the country (either the eldest son or the eldest brother inherits the property) create insecurities for widows.[188] In South Korea, favouring the eldest son has been predominant almost up to this day, despite laws of equal inheritance for all children, and even in 2005, in more than half (52.6 per cent) cases of inheritance the eldest son inherited most or all of his parent's property; in more than 30 per cent of cases the eldest son inherited all of his parent's property.[122][123][189] (in North Korea, which obviously had the same family pattern as the South in the past, when they formed a single country, there has been no inheritance of the family property since its proclamation as an independent communist country in 1948).

Social transformations can also modify inheritance customs to a great extent. For example, the Samburu are pastoralists who have traditionally practiced an attenuated form of patrilineal primogeniture, with the eldest son receiving the largest share of the family herd and each succeeding son receiving a considerably smaller share than any of his seniors.[190] Now that many of them have become agriculturalists, some argue that land inheritance should follow patrilineal primogeniture, while others argue for equal division of the land.[191] The Bhil, who were hunter-gatherers in the past, adopted a system of attenuated patrilineal primogeniture identical to that of pastoral Samburu when they became agriculturalists,[192] and the same custom also prevails among some other peoples, like the Elgeyo,[193] the Maasai[194] or the Nupe. The Amhara, most of whom divide their property between all sons and do not leave most or all of the land to only one of them, nevertheless practice male primogeniture in some regions,[195] and favoring the eldest son is also common among the Dinka.[196] Among the Shona, "the eldest son inherits first and obtains the largest and/or most productive piece of land".[197] The oldest accounts of the Shona already speak about patrilineal primogeniture as their inheritance custom. "When a man dies, his eldest son by any wife is the principal heir".[198] "under Shona law a deceased’s eldest son is his heir".[199] "At the kurovagova of a married man there is usually a question of more than one succession. In the first place the deceased's eldest son will be invested with this father's own name whereby he becomes the head of his father's house. But the widow will be inherited by the deceased's brother".[200] However, the widow could choose not to be inherited by any man.[201]

Systems of social stratification

Detailed anthropological and sociological studies have been made about customs of patrilineal inheritance, where only male children can inherit. Some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order.

The evolution of inheritance practices in Europe

The right of patrilineal primogeniture, though widespread during medieval and modern times in Europe, doesn't seem to have prevailed so extensively in ancient times. In Athens, according to Demosthenes and the Laws of Solon, the eldest son inherited the house and with it the cult to family ancestors[202][203] (Demosthenes defended these special rights of the eldest son in his city). Aristotle speaks about patrilineal primogeniture during his time in some Greek cities (Thebes, Corinth), as well as the revolts that put an end to it in some others (Massalia, Istros, Heraclea[disambiguation needed], Cnido).[204] While he was opposed to this right, Plato wanted it to become more widespread.[205][206] However, the nature of inheritance practices in ancient Sparta is hotly debated among scholars. Ancient Greeks also considered the eldest son the avenger of wrongs done to parents -"The Erinyes are always at the command of the first-born", they said-.

Roman law didn't recognise primogeniture, but in practice Romans favored the eldest son.[207] In Ancient Persia, succession to the family headship was determined by patrilineal primogeniture[208]

Among Celtic and German peoples, the predominant custom during ancient times seems to have been to divide the land in equal parts for each of the sons. However, the house, of course, could be left to only one of them; evidence of actual practices and law codes such as the Sachsenspiegel indicate that Germans left the house to the youngest son (this was possibly connected to the cult to family ancestors, which was also inherited by the youngest son[209]), while Celts from Ireland and northern France left it to the eldest son.[210] Both Germans and Irish divided the land into equal shares until the early Modern Age, when impartible inheritance gradually took hold among both peoples. The German tribe of the Tencteri, however, employed patrilineal primogeniture according to Tacitus,[211] and there is evidence that in Schleswig Holstein, leaving the estate to the eldest son and giving only monetary compensation to his siblings was the prevailing practice since around the year 100. Patrilineal primogeniture also prevailed among the Vikings. In Scotland, certain types of property descended exclusively to the eldest son in the Scottish Lowlands even before the Norman conquest (1066), and patrilineal primogeniture with regards to all types of immoveable property became the legal rule in all of Scotland during the reign of William I (1165–1214). Until 1868, all immovable property, also called in Scottish law "heritable property" (buildings, lands, etc.) was inherited exclusively by the eldest son and couldn't be included in a will;[212] after 1868, it could be included in a will or testament, but if a person died intestate, it was still inherited exclusively by the eldest son.[213] In 1964, this rule of male primogeniture in cases of intestacy was finally abolished.[214] In England, the custom of Northumbria (northern England) reserved a substantial birthright for the eldest son even before the Norman conquest according to Bede, and other local customs of inheritance also gave certain additional benefits to the eldest son. After the Norman conquest (1066), male primogeniture became widespread throughout the country, and it became the common law of the country[215] with the promulgation of the Magna Carta (1215), only somewhat later than in Scotland. After 1540, a testator could dispose of its immovable property as he saw fit with the use of a testament, but until 1925 it was still inherited solely by the eldest son if he died intestate. In England, however, although the gentry and the nobility practiced a relatively strict form of male primogeniture,[216] among peasants there was no clearly prevalent inheritance pattern,[217][218][219][220][221] giving rise to a sort of "proto-capitalist" rural economy (the "absolute nuclear" family). In fact, during Late Medieval Times male ultimogeniture ("Borough-English") was the predominant custom in England, as it was the customary rule of inheritance among unfree peasants according to the Encyclopædia Britannica,[222] and this social class comprised most of the population according to the Domesday Book. In Scotland, by contrast, an strict form of male primogeniture prevailed (and still prevails) even among peasants.[223][224][225][226][227]

The Scottish clan of the feudal era, which survived in the Highlands until 1747, was the only known example of a conical clan in Europe, along with the Roman gens according to Fustel de Coulanges.[228] As Gartmore says in a paper written in 1747, "The property of these Highlands belongs to a great many different persons, who are more or less considerable in proportion to the extent of their estates, and to the command of men that live upon them, or follow them on account of their clanship, out of the estates of others. These lands are set by the landlord during pleasure, or a short tack, to people whom they call good-men, and who are of a superior station to the commonality. These are generally the sons, brothers, cousins, or nearest relations of the landlord. The younger sons of families are not bred to any business or employments, but are sent to the French or Spanish armies, or marry as soon as they are of age. Those are left to their own good fortune and conduct abroad, and these are preferred to some advantageous farm at home. This, by the means of a small portion, and the liberality of their relations, they are able to stock, and which they, their children, and grandchildren, possess at an easy rent, till a nearer descendant be again preferred to it. As the propinquity removes, they become less considered, till at last they degenerate to be of the common people ; unless some accidental acquisition of wealth supports them above their station. As this hath been an ancient custom, most of the farmers and cottars are of the name and clan of the proprietor ; and, if they are not really so, the proprietor either obliges them to assume it, or they are glaid to do so, to procure his protection and favour."

Prior to the advent of feudalism during Late Medieval times and the creation of the system above explained, no trace of male primogeniture or a similar custom existed in Scotland or elsewhere in the Celtic world. The successor to the office of the chief was selected among the wider kin of the previous chief (tanistry), and the land, among common families, was divided between all sons. Among many ancient Germanic tribes, on the other hand, male primogeniture determined succession to political office, the eldest son of a chief customarily succeeding his father. The common rule of land inheritance was partible inheritance, as in the Celtic world.

The British custom of male primogeniture became also prevalent in some British colonies, most strongly in Australia.[229] The contrary development occurred in South Africa, where the Afrikaner colonizers, who practiced partible inheritance,[230] were always opposed to the custom of male primogeniture prevalent among indigenous black peoples.[17][231] In New Zealand, European colonizers chose any son to succeed to the family farm, without regards to his fraternal birth order,[232] while patrilineal primogeniture prevailed among the indigenous Maori people.[233]

In parts of northern France, giving a slightly larger share to the eldest son was common among peasants even before the 10th century; after that century, patrilineal primogeniture developed among the nobility (impartible inheritance never obtained among peasants in most of northern France). Flanders was probably the first country where patrilineal primogeniture became predominant among aristocrats.[234] By the time of the French revolution it had become almost universal in this social class in western, central and northern Europe,[235] but inheritance customs among peasants varied widely across regions.

Strabo also speaks about customs of male primogeniture among Iberian peoples (it must be noted that most of the Iberian peninsula was populated by then by Celtic or half-Celtic peoples, not Iberians proper). He mentions that among the Cantabrii, however, the eldest child regardless of sex inherited the family property. By the term "Cantabrii" he was most probably referring not to the actual Cantabrians but to the Basques (who were not an Iberian people); among the Basques of France, this usage survived until the French Revolution,[236] long after it had been replaced by male primogeniture or free selection of an heir among the Basques of Spain. In Catalonia, in northeastern Spain, the custom of male primogeniture survived in an exceptionally vigorous form among peasants until very recent times (in northeastern Catalonia, for example, peasants rigorously respected the right of male primogeniture until very recent times.[237] In the province of Lleida, too, even as late as the mid-twentieth century, only 7.11 percent of the sons who became single-heirs were not the first son.[237] In central[238][239] and southern[240][241][242] Catalonia, male primogeniture was also predominant). However, in other past Iberian regions which were subject to greater Muslim influence, such as Valencia, this custom only survived in some areas.[243][244][245][246][247][248]

Welsh laws of inheritance

The ancient Welsh laws of inheritance inform us about the evolution of inheritance practices in Great Britain. The Venedotian Code establishes that land must be partitioned between all sons and that the youngest has a preferential claim to the buildings:

" If there be buildings, the youngest brother but one is to divide the tyddyns,* for in that case he is the meter; and the youngest to have his choice of the tyddyns, and after that he is to divide all the patrimony. And by seniority they are to choose unto the youngest ; and that division is to continue during the lives of the brothers."

"If there be no buildings on the land, the youngest son is to divide all the patrimony, and the eldest is to choose ; and each, in seniority, choose unto the youngest."

"Land of a hamlet is not to be shared as tyddyns, but as gardens ; and if there be buildings thereon, the youngest son is not more entitled to them than the eldest, but they are to be shared as chambers."

" When brothers share their patrimony between them, the younger is to have the principal tenement, and all the buildings, of his father, and eight einvs of land ; his boiler, his hatchet, and his coulter, because a father cannot give these three to any one but the youngest son, and though they should be pledged they never become forfeited. Then let every brother take an homestead with eight erws of land ; and the youngest son is to divide, and they are to choose in succession from the eldest to the youngest."

This was later replaced by a preference for the eldest son, and the Dimetian Code provides:

"Whoever shall have dadenhudd adjudged to him, no one, by law, can eject him therefrom, except a proprietary heir to dadenhudd, according to age, that is, the eldest; since the second dadenhudd cannot eject the first; and one non-proprietor cannot eject another non-proprietor. If there be a dispute between two lawful heirs, one is proprietary heir to the dadenhudd of the whole, and another is non-proprietor; the one, however, is proprietor to dadenhudd of the whole, as dadenhudd of the whole is not appropriate to any one, but to the eldest of all the brothers. The privilege of age of the eldest brother renders all the younger brothers non-proprietors, and renders him sole proprietor for dadenhudd of all; if the younger ones come before him to obtain dadenhudd, at what time soever may come, he is to eject them all, and is to obtain dadenhudd of the whole: if they make the demand jointly, they are to obtain it jointly, as has been mentioned above. The eldest brother is likewise a primary son, and the youngest is secondary in claim; and therefore it is said: the second dadenhudd cannot eject the first. All the younger brothers are non-proprietors, as to obtaining dadenhudd of the whole, although every one shall obtain his share; and on that account it is said: no non-proprietor can eject another non-proprietor."[249]

Canon law dictated patrilineal primogeniture:

" The ecclesiastical law says again that no son is to have the patrimony but the eldest born to the father by the married wife. The law of Howel, however, adjudges it to the younger son as well as to the oldest, and decides that the sin of the father, or his illegal act, is not to be brought against the son as to lus patrimony."

During the Modern Age, many Welsh peasants in upland areas lived in stem families where the eldest son took over the farm when his father became old.[250] Perhaps most intriguingly, in the inner, lowland areas of Wales, where English culture was stronger and absolute nuclear families on the English model prevailed, male ultimogeniture predominated.[251]

The fideicommissum

Inheritance can be organized in a way that its use is restricted by the desires of someone (usually of the decedent).[252] An inheritance may have been organized as a fideicommissum, which usually cannot be sold or diminished, only its profits are disposable. A fideicommissum's succession can also be ordered in a way that determines it long (or eternally) also with regard to persons born long after the original descendant. Royal succession has typically been more or less a fideicommissum, the realm not (easily) to be sold and the rules of succession not to be (easily) altered by a holder (a monarch). The fideicommissum, which in fact had little resemblance to the Roman institution of the same name, was almost the standard method of property transfer among the European nobility; Austria, Germany, Switzerland, Bohemia, Sweden and Italy were some of the countries where it became very popular among wealthy landowners, beginning in most cases around the early Modern Age. It was almost always organized around principles of male primogeniture. The Spanish mayorazgo and the Portuguese morgado also resembled the Continental fideicommissum more than the noble customs of Great Britain and most French regions; noble customs of primogeniture in these countries were more ancient and thus took different legal forms. Inheritance of noble titles also distinguished Great Britain from Continental Europe, since in most European countries most noble titles (though not estates) were inherited by all sons, sometimes even all children.[253]

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  79. ^ Birth order, sex of child, and perceptions of parental favoritism Catherine A. Salmona, Todd K. Shackelfordb, Richard L. Michalski http://www.toddkshackelford.com/downloads/Salmon-Shackelford-Michalski-PAID-2012.pdf
  80. ^ Perceived parental favoritism, closeness to kin, and the rebel of the family The effects of birth order and sex Percy A. Rohdea,*, Klaus Atzwangerb,c, Marina Butovskayad, Ada Lamperte, Iver Mysterudf, Angeles Sanchez-Andresg, Frank J. Sulloway http://sulloway.org/Rohde2003.pdf
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  82. ^ Access to Origins: Affines, Ancestors, and Aristocrats Written by Mary W. Helms http://books.google.es/books?id=KWTqgrZQgwQC&pg=PA81&lpg=PA81&dq=%22The+hierarchical+basis+for+the+relations+among%22&source=bl&ots=HksqVR85o7&sig=8c8KgJBd6bcaU8jO2i97o7IEpOw&hl=es&sa=X&ei=-2ukUvfAA-nE0QW2poCQCQ&ved=0CDYQ6AEwAQ#v=onepage&q=%22The%20hierarchical%20basis%20for%20the%20relations%20among%22&f=false
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  100. ^ Saints, Scholars, and Schizophrenics: Mental Illness in Rural Ireland Written By Nancy Scheper-Hughes http://books.google.es/books?id=Tl5wLFhF53oC&pg=PA283&lpg=PA283&dq=%22It+is+in+their+shared+perception+that%22&source=bl&ots=xyLHoYH2ve&sig=u6jOgTXgZGkRvRg-h5IoQ9FBmxU&hl=es&sa=X&ei=8JSMUej0LtS0hAf34oH4Aw&ved=0CC4Q6AEwAA#v=onepage&q=%22It%20is%20in%20their%20shared%20perception%20that%22&f=false
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  103. ^ Social Change in Tikopia http://books.google.es/books?id=SR1TAQAAQBAJ&pg=PA195&lpg=PA195&dq=%22Tikopia%22+%22eldest+son%22+%22younger+sons%22&source=bl&ots=ANFH5YA8y8&sig=XJhVTSvGKyhW4GCTkoH96gwELiQ&hl=es&sa=X&ei=0lmTUuboDfDB7AbMloDwDg&ved=0CDEQ6AEwAA#v=onepage&q=%22Tikopia%22%20%22eldest%20son%22%20%22younger%20sons%22&f=false
  104. ^ Dancing, Dying, Crawling, Crying: Stories of Continuity and Change in the … Written By Julian Treadaway http://books.google.es/books?id=5Txqo7UPlhsC&pg=PA98&lpg=PA98&dq=%22Tikopia%22+%22younger+sons%22+%22Treadaway%22&source=bl&ots=AAcfGXC9SN&sig=qMp6T46_oXlLeDDukr65woA2p_w&hl=es&sa=X&ei=h1qTUr_YN8a47Qal8IDYCw&ved=0CDEQ6AEwAA#v=onepage&q=%22Tikopia%22%20%22younger%20sons%22%20%22Treadaway%22&f=false
  105. ^ Collapse: How Societies Choose to Fail or Survive Written By Jared Diamond http://books.google.es/books?id=jNQd9RpuJ-4C&pg=PT374&lpg=PT374&dq=%22Tikopia%22+%22younger+sons%22+%22celibate%22&source=bl&ots=1_jqFu5Wuq&sig=Eu68z3w5_PPvXVT5EQMAGkkSd6k&hl=es&sa=X&ei=gFeTUvz7J6nm7AaIp4HQBw&ved=0CD0Q6AEwAQ#v=onepage&q=%22Tikopia%22%20%22younger%20sons%22%20%22celibate%22&f=false
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  107. ^ Succession To Chieftainship in Tikopia http://books.google.es/books?id=1eHIgN_xiBAC&pg=PA169&lpg=PA169&dq=%22Tikopia%22+%22eldest+son%22+%22chieftainship%22&source=bl&ots=EsMUFR4utL&sig=ykYe-PwK848AF9FI-KUdHmkzPsc&hl=es&sa=X&ei=yyGTUt6PH8Wv7AanloCwAQ&ved=0CDEQ6AEwAA#v=onepage&q=%22Tikopia%22%20%22eldest%20son%22%20%22chieftainship%22&f=false
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  110. ^ Aging in the Past Demography, Society, and Old Age Edited By David I. Kertzer Peter Laslett UNIVERSITY OF CALIFORNIA PRESS Berkeley · Los Angeles · Oxford © 1995 The Regents of the University of California http://publishing.cdlib.org/ucpressebooks/view?docId=ft096n99tf&chunk.id=d0e7643&toc.id=d0e7603&brand=ucpress
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  112. ^ Widowed Mothers’ Coresidence With Adult Children J Gerontol B Psychol Sci Soc Sci first published online September 7, 2013 http://psychsocgerontology.oxfordjournals.org/content/early/2013/09/07/geronb.gbt072.full
  113. ^ Is the Eldest Son Different? The Residential Choice of Siblings in Japan Midori Wakabayashi, Charles Y. Horioka http://www.nber.org/papers/w12655
  114. ^ CONTINUITIES AND CHANGES IN PARENT-CHILD RELATIONSHIPS AND KINSHIP IN POSTWAR JAPAN: Examining Bilateral Hypotheses by Analyzing the National Family Survey (NFRJ-S01) SHI Liping http://www.law.tohoku.ac.jp/gcoe/wp-content/uploads/2010/03/gemc_02_cate3_4.pdf
  115. ^ Sibling Configuration and Coresidence of Married Couples with an Older Mother in Japan Hiroshi Kojima http://onlinelibrary.wiley.com/doi/10.1111/j.1475-6781.1993.tb00013.x/abstract
  116. ^ Title: Differences in Perceptions of the Relationship between Daughters-in-Law and Mothers-in-Law Author: Miyoko NEOI (Faculty of Education, Oita University) Source: Journal of Home Economics of Japan; ISSN:0913-5227; VOL.44; NO.9; PAGE.713-722; (1993) http://astp.jst.go.jp/modules/search/DocumentDetail/0913-5227_44_9_Differences%2Bin%2BPerceptions%2Bof%2Bthe%2BRelationship%2Bbetween%2BDaughters-in-Law%2Band%2BMothers-in-Law_N%252FA
  117. ^ Why do First-born Children Live with Parents? — Geography of the Family in Japan — http://paa2008.princeton.edu/papers/80169
  118. ^ The Japanese Family System: Change, Continuity, and Regionality over the Twentieth century Akihiko Kato http://www.demogr.mpg.de/papers/working/wp-2013-004.pdf
  119. ^ Coresidence of young adults with their parents in Japan: do sib size and birth order matter? Author: Kojima H – See more at: http://www.popline.org/node/359886#sthash.ePZLlgfQ.dpuf http://www.popline.org/node/359886
  120. ^ Coresidence with Parents and a Wife's Decision to Work in Japan Akiko S. Oishi Takashi Oshio http://www.ipss.go.jp/webj-ad/webjournal.files/socialsecurity/2006/jun/oishi&oshio.pdf
  121. ^ Intergenerational Transfers and Old- Age Security in Korea Hisam Kim http://www.nber.org/chapters/c8163.pdf
  122. ^ a b Wealth Constraints and Self-Employment: Evidence from Birth Order Jing Chen Florida International University http://casgroup.fiu.edu/pages/docs/2249/1275227794_08-08.pdf
  123. ^ a b Family Contributions to Elder Support in Korea: Incentive, repayment, need, and tradition http://paa2009.princeton.edu/papers/91840
  124. ^ The Extended Family in Contemporary Korea: Changing Patterns of Co-residence Sug-In Kweon http://www.koreasociety.org/doc_view/354-the-extended-family-in-contemporary-korea
  125. ^ Culture, Ritual and Revolution in Vietnam Written By Shaun Kingsley Malarney http://books.google.es/books?id=kwdh3n6cdokC&pg=PA17&dq=%22The+eldest+son+almost+universally+remains+in+the+father's+house%22&hl=es&sa=X&ei=oF6nUqb-CpOO7Qagn4DYBA&ved=0CDMQ6AEwAA#v=onepage&q=%22The%20eldest%20son%20almost%20universally%20remains%20in%20the%20father's%20house%22&f=false
  126. ^ Khuat Thu Hong, "Stem Family in Vietnam", in "The Stem Family in Eurasian Perspective Revisiting House Societies, 17th-20th centuries", written by Antoinette Fauve Chamoux and Emiko Ochiai http://books.google.es/books?id=kcJkkBG8FygC&pg=PA431&lpg=PA431&dq=%22Stem+family%22+%22Vietnam%22&source=bl&ots=BMkefqPE9s&sig=KKEWUTCCP7oqKiie02WgYBRxte4&hl=es&sa=X&ei=jo5bUY2wIKuy7Aaz-4CoAQ&ved=0CC8Q6AEwAA#v=onepage&q=%22Stem%20family%22%20%22Vietnam%22&f=false
  127. ^ Vietnam's Children in a Changing World Written By Rachel Burr http://books.google.es/books?id=UdM23XHKlSAC&pg=PA30&lpg=PA30&dq=%22Vietnam%22+%22parents%22+%22live%22+%22eldest+son%22&source=bl&ots=YmYRoWGILf&sig=EeHY45u5FUh1w2WKYHycZcrI3OQ&hl=es&sa=X&ei=uqTMUrmOH-rV0QXM24DgDg&ved=0CDsQ6AEwAQ#v=onepage&q=%22Vietnam%22%20%22parents%22%20%22live%22%20%22eldest%20son%22&f=false
  128. ^ The Vietnamese Family in Change: The Case of the Red River Delta Written By Văn Bích Phạm http://books.google.es/books?id=qyLEoLfmOZ4C&pg=PA222&lpg=PA222&dq=%22Vietnamese%22+%22family%22+%22eldest+son%22&source=bl&ots=CZCYFc5IIY&sig=PT-0pJEhRqNEbsr9_27m2IMqhH0&hl=es&sa=X&ei=RqXMUtSpNqaz0QXQyIDoBg&ved=0CI0BEOgBMA0#v=onepage&q=%22Vietnamese%22%20%22family%22%20%22eldest%20son%22&f=false
  129. ^ Work without name : changing patterns of children's work in a Northern Vietnamese village Author Nguyen Van Chinh http://dare.uva.nl/document/84484
  130. ^ EXPLAINING TRENDS IN CORESIDENCE OF NEWLY MARRIED COUPLES WITH PARENTS IN JAPAN Rikiya Matsukura, Robert D. Retherford & Naohiro Ogawa Published online: 04 Oct 2011. http://www.tandfonline.com/doi/pdf/10.1080/17441730.2011.608981
  131. ^ Trends in Assortative Mating by Sibship Position in Japan September 23, 2004 Chia-ying Chen Miho Iwasawa http://paa2005.princeton.edu/papers/51246
  132. ^ Leaving the Parental Household in Contemporary Japan Toru SUZUKI http://www.ipss.go.jp/publication/e/R_s_p/No.10_P23.pdf
  133. ^ http://www.rchss.sinica.edu.tw/NewWeb/files/archive/429_1feb20aa.pdf
  134. ^ Late Marriage and Less Marriage in Japan Robert D. Retherford1, Naohiro Ogawa2, Rikiya Matsukura http://onlinelibrary.wiley.com/doi/10.1111/j.1728-4457.2001.00065.x/abstract;jsessionid=D7D372E7DE89FCEA814225172D76367C.f01t02?systemMessage=Wiley+Online+Library+will+be+disrupted+on+7+December+from+10%3A00-15%3A00+BST+%2805%3A00-10%3A00+EDT%29+for+essential+maintenance&userIsAuthenticated=false&deniedAccessCustomisedMessage=
  135. ^ Short tailors and sickly Buddhist priests: birth order and household effects on class and health in Japan, 1893–1943 Gail Honda http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=1830284
  136. ^ Adoption and Samurai Mobility in Tokugawa Japan Ray A. Moore http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=6975844
  137. ^ The Bachelors' Ball: The Crisis of Peasant Society in Bearn http://www.amazon.co.uk/The-Bachelors-Ball-Peasant-Society/dp/0226067491
  138. ^ Effects of gender difference and birth order on perceived parenting styles, measured by the EMBU scale, in Japanese two-sibling subjects http://onlinelibrary.wiley.com/doi/10.1046/j.1440-1819.2000.00640.x/pdf
  139. ^ Japanese Schizophrenics and the Family Ikuko Miyabayashi http://lib.med.tottori-u.ac.jp/yam/bef_41/yam41-3/41_099-103.pdf
  140. ^ Marriage, family labour and the stem family household: traditional Japan in a comparative perspective Saito, Osamu 2000-05 http://hermes-ir.lib.hit-u.ac.jp/rs/bitstream/10086/13400/1/0100700701.pdf
  141. ^ Sucesión unipersonal y familia troncal en la “Catalunya Vella” (Con algunas reflexiones comparativas) Andrés BARRERA GONZÁLEZ Universidad Complutense de Madrid http://revistas.ucm.es/index.php/RASO/article/viewFile/RASO9191110179A/10771
  142. ^ Los Pirineos: estudios de antropología social e historia : actas del … editado por Casa de Velázquez http://books.google.es/books?id=ura6R3KcBN8C&pg=PA177&lpg=PA177&dq=%22primogenitura%22+%22Catalunya+Vella%22&source=bl&ots=_N141YxgLh&sig=v1XD_xapXPkoQYuC2MQjKGGAYCE&hl=es&sa=X&ei=mz6fUs7KC6nH7AbSooHQDA&ved=0CEsQ6AEwAw#v=onepage&q=%22primogenitura%22%20%22Catalunya%20Vella%22&f=false
  143. ^ Los pirineos, estudios de antropología social e historia: actas del coloquio … editado por Casa de Velázquez http://books.google.es/books?id=ura6R3KcBN8C&pg=PA111&lpg=PA111&dq=%22Tomando+como+punto+de+referencia+las+experiencias+personales%22&source=bl&ots=_N-52Zs7Gl&sig=skPgpkdc1RjFVNgkIxOaMcebJlk&hl=es&sa=X&ei=Uep-UbqsKfTX7AbDzYG4Dg&ved=0CDAQ6AEwAA#v=onepage&q=%22Tomando%20como%20punto%20de%20referencia%20las%20experiencias%20personales%22&f=false
  144. ^ FAMILY CUSTOMS AND FARMLAND REALLOCATIONS IN CONTEMPORARY CHINESE VILLAGES* Jonathan Unger http://ips.cap.anu.edu.au/sites/default/files/IPS/PSC/CCC/publications/papers/JU_Family_Customs.pdf
  145. ^ Sons and Daughters:Adult Children’s Care for Elderly Parents at the End of Life in Rural China Dongmei Zuo Shuzhuo Li http://www.iussp.org/sites/default/files/event_call_for_papers/Children's%20care%20for%20elderly%20parents%20at%20the%20end%20of%20life-final.pdf
  146. ^ Intergenerational Transfers and Living Arrangements of Older People in Rural China: Consequences for Psychological Well-Being. Source: Journals of Gerontology Series B: Psychological Sciences & Social Sciences . Sep2006, Vol. 61B Issue 5, pS256-S266. 11p. 4 Charts. Author(s): Silverstein, Merril; Zhen Cong; Shuzhuo Li http://web.ebscohost.com/abstract?direct=true&profile=ehost&scope=site&authtype=crawler&jrnl=10795014&AN=22485838&h=RGGhx3EIa0np6EjXtAw8aiotiEZK5SVOFKNNIofPhXjYFz%2btMK0xxK8QHC73zZJZYJ8KsYDMyxzPfUU8mQFxtw%3d%3d&crl=f
  147. ^ Living Arrangements of Older Adults in China: The Interplay Among Preferences, Realities, and Health Melanie Dawn Sereny Department of Sociology Duke University May 26, 2009 http://www.unfpa.org/webdav/site/global/groups/events_calendar/public/Doha/Sereny_Concordance_Paper.pdf
  148. ^ The Residential Choice of Siblings in China Shangyi Mao Brett Graham http://paa2013.princeton.edu/papers/132664
  149. ^ Who Coreside with Parents? An Analysis based on Sibling Comparative Advantage http://paa2013.princeton.edu/papers/131355
  150. ^ Welfare Consequences of Coresiding with the Mother-in-law in Patriarchal … Written By Rekha Puthenpurackel Varghese http://books.google.es/books?id=grEH3uBg5rUC&pg=PA106&lpg=PA106&dq=%22Bangladesh%22+%22coresidence%22+%22eldest+son%22&source=bl&ots=t9XMF1ZJZS&sig=7ShsMa4yuZQwD-QdnVNZCjRSQwU&hl=es&sa=X&ei=e9KqUombH6yr0gWLsYGQCg&ved=0CDIQ6AEwAA#v=onepage&q=%22Bangladesh%22%20%22coresidence%22%20%22eldest%20son%22&f=false
  151. ^ Indian Journal of GERONTOLOGY http://www.gerontologyindia.com/pdf/vol-22-3-4.pdf
  152. ^ Chapter 13 Demography of Aging in Arab Countries Kathryn M. Yount and Abla M. Sibai http://www.researchgate.net/publication/225857664_Demography_of_Aging_in_Arab_Countries/file/d912f51222ddab0a02.pdf&sa=X&scisig=AAGBfm2g5yReIFSaARgdeeeDoL8e8-zYOA&oi=scholarr&ei=DJW1UtGJIPCX0QWKqoCoDQ&ved=0CDIQgAMoADAA
  153. ^ Altruism and Beyond: An Economic Analysis of Transfers and Exchanges Within ... Written By Oded Stark http://books.google.es/books?id=fp5AsvHBDVgC&pg=PA43&lpg=PA43&dq=%22Israel%22+%22moshav%22+%22eldest+son%22&source=bl&ots=dmNKohp0X7&sig=WWFpfsi3fqb-VceTsbCLHMSiy3E&hl=es&sa=X&ei=eyO3UoD7KYbR0QWJtoDADg&ved=0CGoQ6AEwBg#v=onepage&q=%22Israel%22%20%22moshav%22%20%22eldest%20son%22&f=false
  154. ^ Differentiation and Co-operation in an Israeli Veteran Moshav Written By Elaine Baldwin http://books.google.es/books?id=xzG8AAAAIAAJ&pg=PA55&lpg=PA55&dq=%22the+eldest+son+tends+to+remain+on+the+farm%22&source=bl&ots=5ck4rs6_iF&sig=TsL7kMUOr-wqnZxaRVNjl5L__dk&hl=es&sa=X&ei=R9i4Ur-nEaKt0QXd5YCoDw&ved=0CC8Q6AEwAA#v=onepage&q=%22the%20eldest%20son%20tends%20to%20remain%20on%20the%20farm%22&f=false
  155. ^ Kinship and the Social Order : the Legacy of Lewis Henry Morgan Escrito por Meyer Fortes http://books.google.es/books?id=iCjWC0nYA_4C&pg=PA253&lpg=PA253&dq=%22Fortes%22+%22firstborn%22&source=bl&ots=lDS031Wu08&sig=ri8pW3hpZenSV1JPPN_1WWJmx-E&hl=es&sa=X&ei=pEGkUo2jK-Kt0QWnz4DgCA&ved=0CDEQ6AEwAA#v=onepage&q=%22Fortes%22%20%22firstborn%22&f=false
  156. ^ Religion, Morality and the Person: Essays on Tallensi Religion Escrito por Meyer Fortes http://books.google.es/books?id=uJg4AAAAIAAJ&pg=PA231&lpg=PA231&dq=%22Fortes%22+%22domain%22+%22politics%22+%22primogeniture%22&source=bl&ots=352K51s6yV&sig=tTkdJVdjFg0lz2EwMy8ANWyxXM8&hl=es&sa=X&ei=B0akUvK7Oaqj0QWYtIH4CA&ved=0CDEQ6AEwAA#v=onepage&q=%22Fortes%22%20%22domain%22%20%22politics%22%20%22primogeniture%22&f=false
  157. ^ THE FIRST BORN Meyer Fortes http://onlinelibrary.wiley.com/doi/10.1111/j.1469-7610.1974.tb01228.x/abstract
  158. ^ The State, Society and Big Business in South Korea Written By Yeon-Ho Lee http://books.google.es/books?id=O6x8VMKUFeoC&pg=PA32&lpg=PA32&dq=%22chaebol%22+%22eldest+son%22+%22inherited%22&source=bl&ots=lJjw1XZ7_-&sig=d91_Bhqho_Y2uE-pil_GL6OWh0Q&hl=es&sa=X&ei=aSP9UbmJJ6eR7Ab_woGYBw&ved=0CFwQ6AEwBw#v=onepage&q=%22chaebol%22%20%22eldest%20son%22%20%22inherited%22&f=false
  159. ^ Gender preference and transfers from parents to children: an inter-regional comparison http://www.tandfonline.com/doi/abs/10.1080/02692171.2012.700702#.U1deiWJ_tAk
  160. ^ Why Are Indian Children Shorter Than African Children? Seema Jayachandran Northwestern University Rohini Pande Harvard University July 27, 2013 http://faculty.wcas.northwestern.edu/~sjv340/height.pdf
  161. ^ The association between height and birth order: evidence from 652,518 Swedish men. Myrskylä M, Silventoinen K, Jelenkovic A, Tynelius P, Rasmussen F. http://www.ncbi.nlm.nih.gov/pubmed/23645856
  162. ^ The More the Sicker? Health, Family Size, and Birth Order Petter Lundborg Hilda Ralsmark Dan-Olof Rooth http://www.ined.fr/fichier/t_telechargement/40793/telechargement_fichier_fr_a3_ralsmark.pdf
  163. ^ Birth order progressively affects childhood height http://onlinelibrary.wiley.com/doi/10.1111/cen.12156/abstract
  164. ^ Short tailors and sickly Buddhist priests: birth order and household effects on class and health in Japan, 1893–1943 Gail Honda http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=1830284
  165. ^ Birth order and child nutritional status: evidence from the Philippines. Author: Horton S - http://www.popline.org/node/351227
  166. ^ The association between birth order and adult stature 1988, Vol. 15, No. 2 , Pages 161-165 (doi:10.1080/03014468800009581) Michael Hermanussen1, Beate Hermanussen1 and Jens Burmeister1 1Department of Pediatrics, Children's Hospital and Institute for Informatics and Practical Mathematics, University of Kiel Read More: http://informahealthcare.com/doi/abs/10.1080/03014468800009581?journalCode=ahb
  167. ^ Nurture affects gender differences in spatial abilities Moshe Hoffmana,1, Uri Gneezya, and John A. Listb http://rady.ucsd.edu/faculty/directory/gneezy/pub/docs/pnas_published.pdf
  168. ^ The judicial and legislative reform of the customary law of succession http://www.saflii.org/za/journals/DEJURE/2012/35.pdf
  169. ^ 2010 When Is the Past Not the Past? Reflections on Customary Law under South Africa’s Constitutional Dispensation Sanele Sibanda http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1131&context=hrbrief&sei-redir=1&referer=http%3A%2F%2Fwww.google.es%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3D%2522official%2522%2520%2522customary%2522%2520%2522law%2522%2520%2522succession%2522%2520%2522south%2520africa%2522%26source%3Dweb%26cd%3D2%26ved%3D0CDYQFjAB%26url%3Dhttp%253A%252F%252Fdigitalcommons.wcl.american.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1131%2526context%253Dhrbrief%26ei%3DDt8MUsm_DubD7AaW4YGQBg%26usg%3DAFQjCNE9CODUgNWm7Kw2Wj9Yzmv7jGadHw#search=%22official%20customary%20law%20succession%20south%20africa%22
  170. ^ South African Common and Customary Law of Intestate Succession: A Question of Harmonisation, Integration or Abolition Christa Rautenbach http://www.ejcl.org/121/art121-20.pdf
  171. ^ Customary Law and Domestic Violence in Rural South African Communities by Ericka Curran & Elsje Bonthuys http://www.csvr.org.za/docs/gender/customarylawand.pdf
  172. ^ South African Law Reform Commission: Project 90 Customary Law of Succession Report: April 2004 http://www.justice.gov.za/salrc/reports/r_prj90_customarylawsuccession2004.pdf
  173. ^ Judicial Balancing of Parallel Values: Male Primogeniture, Gender Equality and Chieftaincy Succession in South Africa Obeng Mireku http://www.enelsyn.gr/papers/w14/Paper%20by%20Prof%20Obeng%20Mireku.pdf
  174. ^ BASELINE RESEARCH ON CULTURAL PRACTICES RELATED TO LAND TENURE SECURITY AND INHERITANCE RIGHTS FOR LESOTHO WIDOWS AND ORPHANS AND VULNERABLE CHILDREN FUNDED BY: CIDA VOLUNTARY SECTOR FUND PREPARED BY: HABITAT FOR HUMANITY LESOTHO AND FEDERATION OF WOMEN LAWYERS (FIDA-LESOTHO) JUNE 2008
  175. ^ http://www.justnsustshelter.org/index.php?option=com_docman&task=doc_download&gid=54
  176. ^ Protecting Human Security in Africa written by Ademola Abass http://books.google.es/books?id=kOjpTQ5T7-YC&pg=PT250&lpg=PT250&dq=%22zambia%22+%22customary+law%22+%22primogeniture%22&source=bl&ots=RpLJpUTM_l&sig=b7oXiIfjsG7xXxVp5WmhwNn0JME&hl=es&sa=X&ei=oaeQUbHZHsf17AbjgoHwCA&ved=0CIUBEOgBMAc
  177. ^ N A M I B I A – UN-Habitat http://www.unhabitat.org/pmss/getElectronicVersion.asp?nr=2133&alt=1
  178. ^ Land Tenure, Housing Rights and Gender in Namibia Written By United Nations Human Settlements Programme http://books.google.es/books?id=-RUdwR_Y16oC&pg=PT30&lpg=PT30&dq=%22Namibia%22+%22male+primogeniture%22&source=bl&ots=cgH7kwhalT&sig=_XOpAL2kS0aOy4-ofiM06MujP7w&hl=es&sa=X&ei=OI7GUbfkA5OKhQepjYDoAQ&ved=0CEIQ6AEwAw
  179. ^ THE STRUCTURE OF SUCCESSION LAW IN CAMEROON: FINDING A BALANCE BETWEEN THE NEEDS AND INTERESTS OF DIFFERENT FAMILY MEMBERS. By JOSEPH NZALIE EBI http://etheses.bham.ac.uk/300/1/NzalieEbi09PhD_A1a.pdf
  180. ^ Hope for the Future Again Tracing the effects of sexual violence and conflict on families and communities in eastern Democratic Republic of the Congo Jocelyn Kelly, Michael VanRooyen, Justin Kabanga, Beth Maclin and Colleen Mullen April 2011 http://hhi.harvard.edu/sites/default/files/publications/publications%20-%20women%20-%20hope.pdf
  181. ^ Sudan: Customary Justice System in the Nation http://allafrica.com/stories/201204301478.html
  182. ^ Statutory Law, Patriarchy and Inheritance – African Journals Online http://www.ajol.info/index.php/asr/article/download/57752/46119
  183. ^ Child-Widows Silenced and Unheard: Human Rights Sufferers in Tanzania Written By Monica Elias Magoke-Mhoja http://books.google.es/books?id=2CJNkxGznHgC&pg=PA107&lpg=PA107&dq=%22Tanzania%22+%22eldest+son%22+%22inherits%22&source=bl&ots=sMFZdOstJ4&sig=ZomA892F5oiSDIk1K5X3xIvD8og&hl=es&sa=X&ei=V-R2UsTxJM-S7AbugoHoDQ&ved=0CGEQ6AEwBQ#v=onepage&q=%22Tanzania%22%20%22eldest%20son%22%20%22inherits%22&f=false
  184. ^ http://www.dtic.mil/dtic/tr/fulltext/u2/700157.pdf
  185. ^ Equatorial Guinea Human Rights Report http://www.ncbuy.com/reference/country/humanrights.html?code=ek&sec=5
  186. ^ Rural Gambian Households A Baseline Study of Credit Union Members in Four Regions of the Gambia Irish League of Credit Unions Foundation & National Association of Cooperative Credit Unions of the Gambia http://www.ilcufoundation.ie/wp-content/uploads/2012/07/Gambia-Baseline-Study-ILCUF-June-2012.pdf
  187. ^ 'STREETISM' OR LIVING IN THE STREET, AN EMERGING PHENOMENON AS A WAY OF LIFE IN DEVELOPING COUNTRIES, A CASE STUDY OF CHILDREN LIVING ON THE STREETS OF GHANA. by Christine A. N. Tettegah University of Nottingham http://etheses.nottingham.ac.uk/3703/1/575417.pdf
  188. ^ Sierra Leone: "we'll Kill You If You Cry" : Sexual Violence in the Sierra … Written By Human Rights Watch (Organization) http://books.google.es/books?id=CQYeQNqJEncC&pg=PA19&lpg=PA19&dq=%22Sierra+Leone%22+%22eldest+son%22+%22inherits%22&source=bl&ots=tWVpneWInp&sig=qJI1kZpVkeJg9mw0ALC8dcUPmq8&hl=es&sa=X&ei=WUSMUvW0BtGA7Qbc-IDQDg&ved=0CD8Q6AEwAg#v=onepage&q=%22Sierra%20Leone%22%20%22eldest%20son%22%20%22inherits%22&f=false
  189. ^ Intergenerational Transfers and Old- Age Security in Korea Hisam Kim http://www.nber.org/chapters/c8163.pdf
  190. ^ The Samburu: A Study in Geocentracy Written By Paul Spencer http://books.google.es/books?id=ChWQyMe2S_gC&pg=PA53&lpg=PA53&dq=%22Samburu%22+%22this+chapter+is+concerned+with+the+complex%22&source=bl&ots=iINdyBDSp1&sig=Hvn77quGdkDQQ4-4r1F1xfQp3cw&hl=es&sa=X&ei=FNCOUYa1FMqV7AaMooFY&ved=0CC4Q6AEwAA#v=onepage&q=%22Samburu%22%20%22this%20chapter%20is%20concerned%20with%20the%20complex%22&f=false
  191. ^ Understanding Institutional Emergence: Land Inheritance among Samburu pastoralists in Kenya http://www.isnie.org/ISNIE06/Papers06/03.2/lesorogol.pdf
  192. ^ Encyclopedia of World Cultures Volume III SOUTH ASIA http://www.sabrizain.org/malaya/library/enc-sa.pdf
  193. ^ SKETCH OF ELGEYO LAW AND CUSTOM http://afraf.oxfordjournals.org/content/XX/LXXIX/195.extract
  194. ^ The Maasai of Matapato: A Study of Rituals of Rebellion Written By Paul Spencer http://books.google.es/books?id=dyuoRxHwdmQC&pg=PA205&lpg=PA205&dq=%22The+principle+of+seniority+within+each+hut+means%22&source=bl&ots=4xdmhjDZHr&sig=DCQ318ezzHP_JBY6t_6crJQnC-A&hl=es&sa=X&ei=QKY7UvO-Iqr40gXRk4HwDA&ved=0CDEQ6AEwAA#v=onepage&q=%22The%20principle%20of%20seniority%20within%20each%20hut%20means%22&f=false
  195. ^ The Evil Eye Belief Among the Amhara of Ethiopia Ronald A Reminick Cleveland State University http://www.refugeelegalaidinformation.com/sites/srlan/files/fileuploads/Reminick-TheEvilEyeBeliefAmongAmharaEthiopia_again.pdf
  196. ^ Customary Law in the Modern World: The Crossfire of Sudan's War of Identities Written By Francis Deng http://books.google.es/books?id=AcRfaVfD3i8C&pg=PA122&lpg=PA122&dq=%22Dinka%22+%22eldest+son%22+%22inherits%22&source=bl&ots=77JFYXlbVa&sig=jBoRZMsEVa9nCAFAPIPTryrC_1w&hl=es&sa=X&ei=xsYcUpKJOIiv7Aa7r4HQBg&ved=0CE0Q6AEwBQ#v=onepage&q=%22Dinka%22%20%22eldest%20son%22%20%22inherits%22&f=false
  197. ^ The Impact of HIV/AIDS on the Shona Livelihood System of Southeast Zimbabwe Written By John Mazzeo http://books.google.es/books?id=QErfUz6AsloC&pg=PA105&lpg=PA105&dq=%22the+eldest+son+inherits+first+and+obtains+the+largest%22&source=bl&ots=sPAd9IaVTX&sig=PbpBVTczUC7h9FEuuXSkN4f9A8w&hl=es&sa=X&ei=l5SYUfuLJuPA7AbM7oD4AQ&ved=0CDAQ6AEwAA#v=onepage&q=%22the%20eldest%20son%20inherits%20first%20and%20obtains%20the%20largest%22&f=false
  198. ^ MASHONALAND NATIVES WS TABERER – 1905 afraf.oxfordjournals.org/content/4/XV/311.full.pdf
  199. ^ African Law and Custom in Rhodesia, Goldin and Gelfand, p 284
  200. ^ Shona Customary Law: With Reference to Kinship, Marriage, the Family and the … Written By J. F. Holleman http://books.google.es/books?id=ZB28AAAAIAAJ&pg=PA236&lpg=PA236&dq=%22At+the+kurovaguva%22&source=bl&ots=kGWqM7Re85&sig=kY7_fi_oHw6aEliSBkGWUHwiFvg&hl=es&sa=X&ei=9yldUoP5Hubw0gXC4oHACQ&ved=0CDAQ6AEwAA#v=onepage&q=%22At%20the%20kurovaguva%22&f=false
  201. ^ Gender Issues in Some Traditional Shona Marriage Customs An Africana womanist perspective by Enna Sukutai Gudhlanga Zimbabwe Open University, Department of Languages & Media Studies Godwin Makaudze Great Zimbabwe University, Department of Africa Languages and Culture http://www.quietmountainessays.org/Gudhlanga_Makaudze.html
  202. ^ Wild Beasts & Idle Humours: The Insanity Defense from Antiquity to the Present Written By Daniel N. Robinson http://books.google.es/books?id=rqxyDATzojMC&pg=PA27&lpg=PA27&dq=%22Laws%22+%22Solon%22+%22eldest+son%22+%22oikos%22&source=bl&ots=72an-NrRL-&sig=FZsLvzkuL997pLvsGIy018RmaYw&hl=es&sa=X&ei=6Ja3UtfCOOek0QWu4YHIBg&ved=0CEgQ6AEwAw#v=onepage&q=%22Laws%22%20%22Solon%22%20%22eldest%20son%22%20%22oikos%22&f=false
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  225. ^ How are gender roles constructed and reinforced through crofting on the Western Isles? Abstract http://es.scribd.com/doc/104518169/How-are-gender-roles-constructed-and-reinforced-through-crofting-on-the-Western-Isles
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  229. ^ Farm Succession and Inheritance: Comparing Australian and International Trends https://rirdc.infoservices.com.au/downloads/07-066
  230. ^ “Allowed such a state of freedom”: Women and gender relations in the Afrikaner community before enfranchisement in 1930 Hermann Giliomee University of Stellenbosch http://www.seminarie-afrikaans.ugent.be/file/3
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  243. ^ SIMULACIÓN POR COMPUTADOR DE UN MODELO PARA EL ANÁLISIS DE LA ESTRATEGIA MATRIMONIAL Y HEREDITARIA EN UNA COMUNIDAD MEDITERRÁNEA Ricardo Sanmartín Arce http://dialnet.unirioja.es/servlet/articulo?codigo=273639
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  246. ^ LA FAMILIA CAMPESINA EN LA HUERTA DE VALENCIA DURANTE EL SIGLO XVIII JOSE MANUEL PEREZ GARCIA http://www.adeh.org/?q=es/system/files/Revista/1988%2C%202/JM%20P%C3%A9rez%2C%20VI%2C%202%2C%201988%2C%20pp%205-27.pdf
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  249. ^ Ancient Laws and Institutes of Wales: Comprising Laws Supposed to …, Volumen 1 Written by Howel (Welsh King) http://books.google.es/books?id=EzZnAAAAMAAJ&pg=PA539&lpg=PA539&dq=%22whoever+shall+have+dadenhudd%22&source=bl&ots=7nVJRwxwD7&sig=ieoegb_IrQGuCpSN0ceT2yMe2sQ&hl=es&sa=X&ei=O9SlUuX8DKXu0gXil4CYCQ&ved=0CDUQ6AEwAQ#v=onepage&q=%22whoever%20shall%20have%20dadenhudd%22&f=false
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  252. ^ A decedent is a person who owned the property before this death. The term decedent should not be confused with the term descendant.
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