DOCSLIB.ORG

Archdiocese of San Antonio Office of the Tribunal Pastoral Center (210)-734-1661

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Archdiocese of San Antonio Office of the Tribunal Pastoral Center (210)-734-1661 Archdiocese of San Antonio Office of the Tribunal Pastoral Center (210)-734-1661 2718 W. Woodlawn Ave. Fax: (210) 734-1987 San Antonio, Texas 78228 Email: tribunal@archsa.org Case: ________________________________ Prot. No.:__________________ PETITION FOR A FORMAL TRIAL OF NULLITY To the Tribunal of the Archdiocese of San Antonio: I, ___________________________________________________________, hereby petition that my marriage with Petitioner (if woman, use maiden name) ____________________________________________________________, be declared null and void. The marriage took Respondent (if woman, use maiden name) _______________________________________________________________________________________________ Name of Church or Court, plus City, State (and Country if outside the U.S.A.) On ____________________________________________________________. A final decree of divorce was obtained at Date of Marriage _________________________________________________ on ___________________________________________. City or County and State (Country if outside U.S.A.) Date of final decree The Tribunal of the Archdiocese of San Antonio has legal competence by reason of (Check only one box, the first one in numerical order that applies): #1. Marriage was contracted within the Archdiocese of San Antonio #2. Respondent lives within the Archdiocese of San Antonio #3. Petitioner lives within the Archdiocese of San Antonio #4. I hereby request that the Tribunal assess whether it is competent as the Forum of Proofs I base my claim of nullity on the Canonical Grounds of Defect of Consent, I hereby submit a preliminary statement and documents to show the reasonableness of my claim. MANDATE FOR THE ADVOCATE I hereby appoint and give my Mandate to whomever the Judge appoints as Advocate to represent me for this Process in First Instance, with the faculty of doing and performing in my name all that may be necessary and useful to my interests in this case. This Mandate includes the full right to delegate a substitute, authorization to review the published acts on my behalf, as well as authority to perform other duties required throughout the process. _____________________________________________ _____________________________________________ Petitioner’s Signature Signature of Priest/Deacon/Parish Minister PRINT Name __________________________________ Address ______________________________________ PRINT Name ________________________________ City, State, Zip _________________________________ Parish _____________________________________ Email ________________________________________ Address ____________________________________ R e v . 0 1 / 0 3 / 2 0 1 7 P a g e 1 | 10 Petitioner Home Phone __________________________ City, State, Zip _______________________________ Petitioner Cell Phone ____________________________ Parish Email _________________________________ Petitioner Work Phone __________________________ Personal Email _______________________________ Date: ______________ Best Phone__________________________________ Father’s name: _________________________________________________________________________________________ First Middle Last Address: _____________________________________________________________________________________ Telephone numbers: ( ) _________________ ( ) ________________ ( ) ___________________ Area Code (Home) Area Code (Cell) Area Code (Work) Mother’s name: _________________________________________________________________________________________ First Middle Maiden Last Telephone numbers: ( ) _________________ ( ) ________________ ( ) ___________________ Area Code (Home) Area Code (Cell) Area Code (Work) Received at this Tribunal on: __________________________ Notary: ______________________________________ Filing Fee ($100) Paid: $ ______________________ Date: ________________________________________ R e v . 0 1 / 0 3 / 2 0 1 7 P a g e 2 | 10 Case: ________________________________ Prot. No.:__________________ TRIBUNAL PRACTICES AND POLICIES In presenting a petition for a declaration of nullity of your marriage, you are asking that your marital status be clarified in the Roman Catholic Church. The Tribunal is an ecclesiastical court of law, and its proceedings are exclusively religious in nature. These proceedings are governed solely by the laws of the Roman Catholic Church. The primary purpose of the Tribunal is to gather and sift through evidence in order to discover truth and serve justice. It is also the Tribunal’s desire that the proceedings be a healing experience conducted in a spirit of Christian understanding and compassion. Out of respect for the human dignity of persons and the sacred nature of marriage, Church tribunals are required to approach each marriage as valid, presuming that you and your former spouse both meant what you said and accomplished what you intended when you first exchanged vows. There are numerous reasons or “grounds of nullity” why this presumption can be overturned, but decisions in such cases are not arbitrary. Declarations of nullity are not favors given to innocent or deserving parties. They are statements about the deepest spiritual truth of your former union, as best as any human judge can determine. Judges must have moral certitude based on the evidence brought forward that your former union was missing one of the elements for marriage as the Church teaches God intended it to be. In the absence of such certitude, the judge must rule in the negative – that is, nullity has not been proven. CONCERNING THE RESPONDENT (YOUR FORMER SPOUSE) I realize that Church Law requires that my former spouse be contacted and offered the opportunity to testify. I agree to make every effort to locate my former spouse so that he/she can be contacted by the Tribunal to participate in the process. I understand that I myself need have no direct contact with my former spouse, unless I feel it is in my own best interests to contact him/her and encourage his/her response. I also understand that the Tribunal strongly encourages Petitioners to inform Respondents in advance of filing their petition, as experience shows they tend to be more cooperative. CONCERNING THE WITNESSES I understand that witnesses are necessary to process my petition for a declaration of marriage nullity. I agree to make every effort to encourage their cooperation, but understand that I am in no way to assist them in preparing their testimony. CONCERNING THE DEVELOPMENT OF THE TRIAL AND PLANS FOR A FUTURE MARRIAGE I have initialed to show that I have read and understand the following points with regard to my petition for a declaration of nullity: ____ I understand that my ex-spouse has the right to read my petition and testimony of my witnesses. ____ First, that no assurance can be given of an Affirmative decision (that is, one granting a declaration in favor of nullity). ____ Second, that no assurance can be given as to a definite time for the completion of the Tribunal process. ____ Third, that ABSOLUTELY no arrangements can be made and no date scheduled for a future Catholic marriage or convalidation (not even a tentative date) until after I have received a final notification that an affirmative decision has been issued. ____ Fourth, that if the circumstances causing the invalidity of the marriage so indicate, the Tribunal may require that I seek professional counseling before any subsequent marriage in the Catholic Church is permitted. All expenses in connection with such therapy or counsel are my responsibility. R e v . 0 1 / 0 3 / 2 0 1 7 P a g e 3 | 10 Case: ________________________________ Prot. No.:__________________ CONCERNING CONFIDENTIALITY Because of the sensitive nature of information gathered in this process, and because the Tribunal wishes to promote a spirit of reconciliation, all the information, gathered in the course of the investigation is considered confidential. This information is never made available except as required by Church Law for inspection by the Petitioner, the Respondent, and the officers (clergy, religious and lay) of this Court and the properly designated ecclesiastical Court of Appeals. This information is never made available to the witnesses or anyone acting on their behalf. Nor is this information ever made available in any civil legal proceedings. In accord with applicable standards of professional accountability, reports from psychological counselors are always withheld from the Petitioner and the Respondent. For serious reason (such as the avoidance of defamation of character, physical danger, severe family discord, or true scandal) witnesses may ask that their testimony be withheld from the Petitioner and/or the Respondent. The decision whether to withhold any testimony, however, belongs solely to the ecclesiastical judge acting in accord with the requirements of the canon law of the Catholic Church. CONCERNING EXPENSES AND FESS While the Tribunal makes every effort to minimize costs, the processing of marriage nullity cases incurs significant expenses for salaries, postage, office equipment and the like. 50% of the Marriage Tribunal is subsidized by the Archdiocese of San Antonio. While our ministry to you will never be affected by your ability to pay fees, any financial contribution that you make to the Tribunal would be very helpful to defray the expenses that are related to your case. We suggest that you submit with your case a $100.00 deposit. Once the case has been completed a further amount of $350.00 would be very helpful to our ministry. Please note that your contribution to our ministry
Load more

Recommended publications
  • Process and Policy in the Courts of the Roman Curiat
    CALIFORNIA LAW REVIEW [Vol. 58:628 The Steady Man: Process and Policy in the Courts of the Roman Curiat John T. Noonan, Jr.* The two marriages of Charles, Duke of Lorraine, led to one of the most fascinating canonical trials of the seventeenth century. Professor Noonan uses this trial and its attendant circumstances as a springboard from which to examine the policies, procedures, and politics of post-RenaissanceRoman Catholic law. His Article under- lines the problems faced by a legal system that attempts to regulate the relationshipbetween man and woman. In broader perspective, it analyzes the reaction of a legal system forced to compromise between abstract social values and practical necessity. Professor Noonan's analytical framework can be profitably utilized as a tool to examine the manner in which our current social policies are implemented and administered. Anthropology rightly devotes great effort to deciphering the primi- tive attempts of men to make law in the primordial patterns, for from this effort will come material to illuminate our own behavior. But just as child psychology does not exhaust the study of man, so there is need to understand critically the functions of law in a more sophisticated phase. In its developed uses we are more likely to see analogues to our present problems, more likely to gain insights into the purposes, perver- sions, characteristics, and limits of the legal way of ordering human behavior in a mature society. Especially is this true of a system far enough removed from our own to be looked at from a distance but close enough in its assumption and its methods so that comprehension is not strained.
    [Show full text]
  • CONFIDENTIALITY of ECCLESIASTICAL Recordst
    The Catholic Lawyer Volume 30 Number 3 Volume 30, Autumn 1986, Number 3 Article 2 Confidentiality of cclesiasticalE Records Reverend Edward Dillion, J.C.D. Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact selbyc@stjohns.edu. CONFIDENTIALITY OF ECCLESIASTICAL RECORDSt REVEREND EDWARD DILLON, J.C.D.* Two fundamental factors govern the confidentiality of ecclesiastical records. They are the nature of the information involved and the manner in which it is obtained. Thus, confessional matter, by its nature, is confi- dential. Further, since it involves information obtained under the seal of the Sacrament, it may never be divulged.' The cloak of confidentiality spread to other communications. Canon 1548, section 2 exempts from any obligation of testifying in an ecclesiasti- cal trial the following persons: "clerics, in regard to whatever was made known to them in connection with their sacred ministry; civil officials, doctors, obstetricians, advocates, notaries and others who are bound to professional secrecy, even by reason of advice rendered, as regards mat- ters subject to this secrecy." A party to a case could release such a person from the obligation of confidentiality, but there are exceptions, the most significant of which is the seal of confession.2 This exemption is extended t The portion of this presentation which deals with the confidentiality of Tribunal records is drawn almost exclusively from a presentation by the same author to the 45th Annual Convention of the Canon Law Society of America held in San Francisco, Cal., in October, 1983.
    [Show full text]
  • Office of the Tribunal TERMS USED in MARRIAGE CASES
    Office of the Tribunal 215 N. Westnedge Street, Kalamazoo MI 49007-3760; 269-903-0215 TERMS USED IN MARRIAGE CASES Affirmative and negative decision. An affirmative decision means the Tribunal or Bishop has found a marriage to be proven invalid according to Church law, with more certainty. A negative decision means that invalidity has not been proven. Assessor. Tribunal official who helps evaluate proofs (evidence) for the Tribunal or Bishop who will judge the marriage case. Case name. To clearly identify a case, the last name of the man and the maiden name of the woman are used in conjunction with the case number (see below). Refer to both when contacting the Tribunal. Case number. A control number that identifies the case in conjunction with the case name (above). Refer to both when contacting the Tribunal. Code of Canon Law and Dignatis Connubii. The source of Catholic Church laws regulating marriage cases. College of judges. Panel of three judges who decide the case in an ordinary process. These are the presiding judge, the ponens and the associate judge. The ponens directs the process and commits the decision of the college to a written sentence. Decree or declaration of nullity or invalidity. A judgment by church authority that a marriage thought valid according to Catholic Church law, actually lacked at least one essential element required for a valid, binding union. Often but imprecisely called annulment. To declare the nullity of marriage is absolutely different from decreeing the annulment of the marriage. Defender of the Bond. Tribunal official who must review the case and present any reasonable arguments or observations, always respecting the truth, that contribute to protecting the bond of marriage and the integrity of the legal process.
    [Show full text]
  • Thomas Becket and Clerical Immunity Erika Zabinski University of St
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of St. Thomas, Minnesota University of St. Thomas, Minnesota UST Research Online School of Divinity Master’s Theses and Projects Saint Paul Seminary School of Divinity Winter 12-2015 Thomas Becket and Clerical Immunity Erika Zabinski University of St. Thomas, Minnesota, erika.zabinski@gmail.com Follow this and additional works at: https://ir.stthomas.edu/sod_mat Part of the Christianity Commons, History of Christianity Commons, History of Religions of Western Origin Commons, Practical Theology Commons, and the Religious Thought, Theology and Philosophy of Religion Commons Recommended Citation Zabinski, Erika, "Thomas Becket and Clerical Immunity" (2015). School of Divinity Master’s Theses and Projects. 12. https://ir.stthomas.edu/sod_mat/12 This Thesis is brought to you for free and open access by the Saint Paul Seminary School of Divinity at UST Research Online. It has been accepted for inclusion in School of Divinity Master’s Theses and Projects by an authorized administrator of UST Research Online. For more information, please contact libroadmin@stthomas.edu. THE SAINT PAUL SEMINARY SCHOOL OF DIVINITY UNIVERSITY OF ST. THOMAS Thomas Becket and Clerical Immunity A THESIS Submitted to the Faculty of the School of Divinity of the University of St. Thomas in Partial Fulfillment of the Requirements for the Degree Master of Arts in Theology © Copyright All Rights Reserved by Erika Zabinski St. Paul, MN 2015 1 I. Introduction We hear much more about the heroism of St. Thomas Becket, the martyr-archbishop of Canterbury, than we hear about the cause for which he made his stand.
    [Show full text]
  • The Light from the Southern Cross’
    A REPORT AND RECOMMENDATIONS ON THE GOVERNANCE AND MANAGEMENT OF DIOCESES AND PARISHES IN THE CATHOLIC CHURCH IN AUSTRALIA IMPLEMENTATION ADVISORY GROUP AND THE GOVERNANCE REVIEW PROJECT TEAM REVIEW OF GOVERNANCE AND MANAGEMENT OF DIOCESES AND PARISHES REPORT – STRICTLY CONFIDENTIAL Let us be bold, be it daylight or night for us - The Catholic Church in Australia has been one of the epicentres Fling out the flag of the Southern Cross! of the sex abuse crisis in the global Church. But the Church in Let us be fırm – with our God and our right for us, Australia is also trying to fınd a path through and out of this crisis Under the flag of the Southern Cross! in ways that reflects the needs of the society in which it lives. Flag of the Southern Cross, Henry Lawson, 1887 The Catholic tradition holds that the Holy Spirit guides all into the truth. In its search for the path of truth, the Church in Australia And those who are wise shall shine like the brightness seeks to be guided by the light of the Holy Spirit; a light symbolised of the sky above; and those who turn many to righteousness, by the great Constellation of the Southern Cross. That path and like the stars forever and ever. light offers a comprehensive approach to governance issues raised Daniel, 12:3 by the abuse crisis and the broader need for cultural change. The Southern Cross features heavily in the Dreamtime stories This report outlines, for Australia, a way to discern a synodal that hold much of the cultural tradition of Indigenous Australians path: a new praxis (practice) of church governance.
    [Show full text]
  • Canon Law in Medieval Russia: the Kormchaia Kniga As a Source of Law
    Canon Law in Medieval Russia: The Kormchaia kniga as a Source of Law Rosanne Gretchen Mulcahy A thesis submitted in partial hilfiUment of a degree of Master of Pliilosophy at the University of London University College London December 2001 ProQuest Number: 10014732 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest. ProQuest 10014732 Published by ProQuest LLC(2016). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. Microform Edition © ProQuest LLC. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 CONTENTS Title Page 1 Abstract 2 Contents 3 Introduction 4 Part I. An Examination of Canon Law Collections and the Russian Kormchaia kniga as a Means to Determine How Russia Compares with other Models o f Medieval Christian Societies 1. Eastern and Western canonical collections and their significance in systems of canon law with reference to Roman Law 25 2. The History of the Kormchaia biiga 54 Part II An Examination of The Role of Byzantine Civil Ecclesiastical Legislation Cofitained in the Kormchaia kniga, the Russian Princely Statues and Russian Immunity Charters as they Supported a Constitutional Relationship Between Church and State in Russia 3. Byzantine Law in Chapter 42 of the Kormchaia kniga: The Collection o f Eighty-Seven Chapters As it Related to the Special Privileges of the Russian Church 75 4.
    [Show full text]
  • INQUISITION.Pdf
    INQUISITION: INTRODUCTION by David Burr When medieval people used the word "inquisition," they were referring to a judicial technique, not an organization. There was , in fact, no such thing as "the Inquisition" in the sense of an impersonal organization with a chain of command. Instead there were "inquisitors of heretical depravity," individuals assigned by the pope to inquire into heresy in specific areas. They were called such because they applied a judicial technique known as inquisitio, which could be translated as "inquiry" or "inquest." In this process, which was already widely used by secular rulers (Henry II used it extensively in England in the twelfth century), an official inquirer called for information on a specific subject from anyone who felt he or she had something to offer. This information was treated as confidential. The inquirer, aided by competent consultants, then weighed the evidence and determined whether there was reason for action. This procedure stood in stark contrast to the Roman law practice normally used in ecclesiastical courts, in which, unless the judge could proceed on clear, personal knowledge that the defendant was guilty, judicial process had to be based on an accusation by a third party who was punishable if the accusation was not proved, and in which the defendant could confront witnesses. By the end of the thirteenth century most areas of continental Europe had been assigned inquisitors. The overwhelming majority were Franciscans or Dominicans, since members of these two orders were seen as pious, educated and highly mobile. Inquisitors worked in cooperation with the local bishops. Sentence was often passed in the name of both .
    [Show full text]
  • Roman Canon Law in the Medieval English Church: Stubbs Vs
    Michigan Law Review Volume 72 Issue 4 1974 Roman Canon Law in the Medieval English Church: Stubbs vs. Maitland Re-examined After 75 Years in the Light of Some Records from the Church Courts Charles Donahue Jr. University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Legal History Commons, and the Religion Law Commons Recommended Citation Charles Donahue Jr., Roman Canon Law in the Medieval English Church: Stubbs vs. Maitland Re-examined After 75 Years in the Light of Some Records from the Church Courts, 72 MICH. L. REV. 647 (1974). Available at: https://repository.law.umich.edu/mlr/vol72/iss4/2 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact mlaw.repository@umich.edu. ROMAN CANON LAW IN THE MEDIEVAL ENGLISH CHURCH: STUBBS VS. MAITLAND RE-EXAMINED AFTER 75 YEARS IN THE LIGHT OF SOME RECORDS FROM THE CHURCH COURTSf Charles Donahue, Jr.* I. INTRODUCTION HE Right Reverend William Stubbs, D.D. (1825-1901), was the T Anglican Bishop of Oxford, sometime Regius Professor of Modem History at Oxford, and a scholar of considerable repute.1 His Constitutional History of England2 was, until quite recently, the standard work in the field, and his editions of texts for the Rolls Series3 leave no doubt that he spent long hours ·with basic source material.
    [Show full text]
  • 1 the Ecclesiastical Courts
    Cambridge University Press 978-0-521-86938-6 - The Rise and Fall of the English Ecclesiastical Courts, 1500-1860 R. B. Outhwaite Excerpt More information 1 THE ECCLESIASTICAL COURTS: STRUCTURES AND PROCEDURES People’s lives are regulated by custom and by law, enlivened by flashes ofwilfulnessthat might well get them into trouble. Men and women in the three-and-a-halfcenturies examined here functioned within various social units – households, kinship groups, manors, parishes, villages, towns, gilds – all ofwhich had formal and informal rules governing behaviour and imposing sanctions on those who had misbehaved. This book is not con- cerned, however, with informal rules and informal sanctions, important though these are, but with those formal rules and for- mal sanctions that were dispensed by courts ofjustice, operating in acknowledged systems oflaw. There were two overarching systems oflaw operating in the early modern period, one secular or temporal and the other spiritual. Temporal law was dispensed in manorial, hundred and borough courts, in petty and quarter sessions, in assizes and in the royal courts situated in London – the Court ofCommon Pleas, the Court ofRequests, the King’s Bench and so on. Spiritual law – our concern – was dispensed through hundreds ofecclesiastical courts scattered the length and breadth ofthe country. How many there were is difficult to establish. Hill, reviewing their operations in the sixteenth and early seventeenth centuries, put their number at over 250.1 A parliamentary report of1832 stated that there were 372 courts, ofwhich 285 were ‘peculiars’ in ecclesiastical districts that were exempt from the oversight of the bishops in whose dioceses they were geographically situated.2 The principal courts 1 Christopher Hill, Society and Puritanism in Pre-Revolutionary England (1966), 299.
    [Show full text]
  • Parish Priest and Confraternity: Conflict at the Parish Church of St Catherine’S in Zejtun, Malta, 1769–1801
    Parish Priest and Confraternity: Conflict at the Parish Church of St Catherine’s in Zejtun, Malta, 1769–1801 Frans Ciappara Summary: The Council of Trent made the parish priest the head of the parish, but for a long time priests found it difficult to affirm their authority. Chief among their opponents were the confraternities led by the parish elites. This article examines the difficult relations be­ tween Don Francesco Maria Xuereb (1769–1801), parish priest of the Maltese parish of Saint Catherine’s (in Zejtun), and members of the local confraternity of the Holy Sacrament, who led a revolt against him. The charges levelled against the priest were several, but theSacra Congregazione dei Vescovi e Regolari found him innocent on all counts. The assistant clergy and the parishioners of Saint Catherine’s would not, however, receive him back. When, against the warning of the bishop of Malta, Xuereb returned to his parish, the women took over the church and shut themselves in it, while the men stood outside in protest against the priest. In the end, a coadjutor was appointed to run the parish and when Father Xuereb died in 1801 he was named parish priest to everyone’s delight. As the French scholar Gabriel Le Bas, for one, long ago pointed out, pre- Tridentine confraternities were normally controlled by the laity,1 but the Council of Trent put them under the control of the bishop, who had the right “to visit … confraternities of laymen, even those that are called schools or are known by some other name.” The Council also decreed that their administrators “shall be bound to render to the ordinary each year an account of their administration, all customs and privileges to the contrary being set aside.”2 These restrictions were further reinforced by the constitution Quaecumque (7 December 1604) of Pope Clement VIII, which laid down Abbreviations used: AAM = Archiepiscopal Archives, Malta; ACM = Archivum Cathedrale Melitense; AIM = Archives of the Inquisition, Malta; AC = Atti Civili; AO = Acta Originalia; Arch.
    [Show full text]
  • Pastoral Manual Are Offered to Assist Them in Serving the Faithful
    SECTION I SACRAMENTS POLICIES AND PROCEDURES Priests, deacons and pastoral ministers of the Diocese of Rockville Centre serve parishes and institutions through sacramental ministries. The following sections of the Pastoral Manual are offered to assist them in serving the faithful. They are a general guide and are not meant to be exhaustive in nature. The disciplines of the universal Church and the specific policies of the Diocese of Rockville Centre are summarized below. Note that this section is preceded by a table of contents. The general index at the end of the Pastoral Manual may also be helpful. For a more complete treatment of these sacraments, reference should be made to the 1983 Code of Canon Law which contains legislation for the universal Church; the rite for each sacrament also explains the details of sacramental celebration. Diocesan policies and procedures are coordinated by the Chancellor’s Office. Often parishes have their own sacramental policies which assist Church ministers in serving their parishioners. TABLE OF CONTENTS I. SACRAMENTS: INTRODUCTION..................................................................................................1 A. CATECHESIS AND PREPARATION: READINESS FOR THE SACRAMENTS .................................................7 B. VALIDITY AND LAWFULNESS.............................................................................................................7 C. OFFERINGS: GENERAL PRINCIPLES ....................................................................................................8
    [Show full text]
  • The History of the Probate Court, 45 Marq
    Marquette Law Review Volume 45 Article 7 Issue 4 Spring 1962 The iH story of the Probate Court Eugene A. Haertle Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Eugene A. Haertle, The History of the Probate Court, 45 Marq. L. Rev. 546 (1962). Available at: http://scholarship.law.marquette.edu/mulr/vol45/iss4/7 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact megan.obrien@marquette.edu. THE HISTORY OF THE PROBATE COURT* EUGENE M. HAERTLE** The Norman Conquest, 1066 A. D., produced a series of changes in the government, judicial system, and social organization of England which affected the development of the laws of wills, relating to real estate, and the laws of testament, relating to personal property. Before the Norman Conquest there had been no separate ecclesiasti- cal courts in England. The clergy took part in the proceedings of the secular courts. William the Conqueror separated the ecclesiastical courts from the secular courts. In the field of probate the result was that the ecclesiastical courts ultimately acquired jurisdiction of suc- cession to personalty, including testamentary succession, while the secular courts retained jurisdiction of succession to freehold interests in realty, including jurisdiction over wills. The Norman Conquest also hastened a set of changes in the or- ganizataion of England, the result of which is known as feudalism.
    [Show full text]