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16 Geo. L. J. 194 (1927-1928)
History of the Law of Wills and Testaments in England Book Reviews

handle is hein.journals/glj16 and id is 204 raw text is: THE HISTORY OF THE LAW OF WILLS AND TESTAMENTS IN ENGLAND BOOK REVIEWS By ALISON REPPY (A) IN GENERAL D URING the Pre-Norman period in England, the power to dispose of real and personal property, so as to avoid the usual course of descent and distribution, was recognized, although some doubt has been raised by later scholars.' In a given case, however, it is not always possible to determine whether the instrument of disposition was, technically, a will, testament, grant or gift.2 With the Norman Conquest (A. D. 1066), which produced great changes in the social, re- ligious and political life of England, the character of these dispositions became clear.8 The Will and the Testament were differentiated, and, thereafter, the history of the two began to diverge into separate currents, a process destined to continue until the modern statutory period of wills. Using the feudal system of landholding as a basis, William the Conqueror established a strongly centralized form of gov- ernment and made profound changes in the judicial system. In perfecting his power, great emphasis was laid on the incidents of feudal tenure, which attached to freehold es- tates. This served to draw a sharp distinction between real and personal property, and ultimately aided in the move- ment to separate the history of the will, which disposed of land, from that of the testament, which disposed of per- sonalty. This tendency toward separation now received an additional impetus from a change which was taking place in the judicial system. Prior to the Battle of Hastings (A. D. 1066), the Church and Civil Authorities united in ad- 2JENKS, SHORT HIsT. ENG. LAW, 61; BL. COMM., CHAsE's 3d ed., II, 497; PoLL. & MArr., HIST. ENG. LAw, 2d ed., II, 326. 2 HOLDSWORTH, HIST. ENG. LAW, 2nd ed., II, 82, 83. 'WALsH, HIST. ENG. & AM. LAW, § 87.

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