free bench

free bench. Hist. A widow’s (and occasionally a widower’s) interest in the deceased spouse’s estate. • Free bench gave the surviving spouse a half interest in the estate until death or remarriage.

— Also termed francus bancus; frank bank; liber bancus.

“The bench in question was, we may guess … a bench at the fireside. The surviving spouse has in time past been allowed to remain in the house along with the children. In the days when families kept together, the right of the widower or widow to remain at the fireside may have borne a somewhat indefinite character…. By way of ‘free bench’ the surviving spouse now has the enjoyment of one-half of the land until death or second marriage, whether there has ever been a child of the marriage or no.” 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 419 (2d ed. 1899).


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