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en:krasna:f-04-02-02

4.2.2 Inheritance Law

There are distinct differences between rules for crown's land and other land. Special regulations were in place for crown's land and that comprised the entire Krasna region. The owner of land aside from the crown's land could freely decide from the beginning, but Krasna people had no such land to speak of from the start.

Crown's land adhered to Minorate Law in the first decades since foundation and the youngest son was the heir. The father or the community could replace him as heir only if he became incompetent or died, with an heir from among the other older sons. If there were no male heirs, the property reverted back to the community or a husband marrying the widow or a daughter received the land. Women and daughters were not entitled to community land. Older sons were supposed to learn and ply a trade or find some other occupation.

The Minorate law led to an increase of the landless population and was not agreeable to the colonists. After the first generation already, farms were divided into half farms. Probably with the silent consent of the colonial administration, farms were divided into halves. Not all colonists complied with the youngest son being the heir, either. The state did not strictly enforce the rules and farm sizes diminished rapidly.

An order of February 19, 1861, allowed the colonists to adhere to local custom in reference to inheritance; some of these were in part based on traditions from the old homeland. E. Ruscheinsky 1)) writes: Each German community made parts of their own laws regarding inheritances and laws differed from colony to colony.

The following ground rules applied:
Immovable property went to the sons and they had to pay a portion of the value to their sisters. The daughters also received a dowry from their parents. Exceptions were made if land purchased during the parents’ marriage was involved, of which the daughters received a share. Many brides received land if their mothers had brought land into the parental marriage. An older widowed parent was also entitled to a share of land. This usually consisted of room and board or a piece of land. These rules were meant to prevent the parceling off of the farms and strengthen the economic power of the male heirs.

According to the new rules since 1871 (after the colonist status was rescinded) colonists were still allowed to settle inheritances in acordance with local customs.

During Rumanian times the state did not get involved in inheritances and local cuatoms prevailed. If courts were involved local laws came into play, where daughters and sons had equal rights.

1)
Ruscheinsky, Eduard; Die Gemeindeverwaltung von Krasna/Bessarabien (The Community Administration of Krasna/Bessarabia), Heimatbuch, 25 Jahre nach der Umsiedlung 1965 (Homeland Book 25 Years after Resettlement, published 1965
en/krasna/f-04-02-02.txt · Last modified: 2019/05/22 12:51 by Otto Riehl Herausgeber