Nelson & His World

Last night I watched Sense and Sensibility, adapted from the book by Jane Austen, my favourite version with Emma Thompson. In the book/film the Dashwoods have to leave their home after their father’s death in favour of Mrs. Dashwood’s brother, because women/wives could not inherit from their husbands. It made me wonder, was it legal for Nelson to give Merton to Emma, instead of having it inherited by his brother “greedy” William.

According to Terry Coleman’s book, William claimed several of Nelson’s other belongings pretty soon after his death. While William was attending Fanny’s funeral his house was burgled. The burglars missed the chelengk, because it was wrapped in a piece of brown paper and carelessly thrown in a bureau.
Sylvia

Sylvia:

the law on property inheritance is a complicated one and I am no expert!

However, the difference between Nelson and Merton and JA's Dashwoods was that in the Dashwoods' case, and very commonly, in real life, the property was 'entailed'; that means strict rules about the inheritance had been drawn up by previous owners, often hundreds of years before, and were legally binding. An 'entail' usually meant that the property could only descend to the owner's blood relatives - usually the eldest son, or, if there were no direct descendants, to collateral relations. This often resulted in disputes about who was the closest blood relative and made many lawyers rich.

Properties with an entail that allowed only males to inherit - and this was very frequently the case, though 'female entails' were not unknown - could cause real anguish to the wife and daughters of the owner of an entailed property should he die. In a 'male entail' situation, a son would usually look after his mother and sisters, perhaps building them a 'dower house' in the grounds. But if there were no son, the property and lands would pass to the closest legitimate male heir - maybe a cousin or a nephew - and the women were obliged to leave the property and fend for themselves. This could be a real problem if they had no money of their own, as was often the case. Many families were 'land-rich, but cash-poor'. Sometimes, the new owner would take pity on them but they were entirely dependant on his goodwill. Mrs Bennet, in 'Pride and Prejudice' is often seen as a comic figure, fussing desperately to marry off her five daughters. But they lived in an entailed property and faced destitution and homelessness should Mr Bennet die and the property pass to his closest male relative, Mr Collins. This fictional situation was a terrifying reality for many dependent women in Nelson's era. No laughing matter!

Nelson had bought Merton outright, without entail, so he was entitled to leave it to anyone he chose.