1. The state of being the firstborn child among siblings.
2. The common-law right of the firstborn son to inherit his ancestor’s estate, usu. to the exclusion of younger siblings.
— Also termed (in sense 2) primogenitureship. See BOROUGH ENGLISH . [Cases: Descent and Distribution 7.]
“If by primogeniture we only mean ‘that the male issue shall be admitted before the female, and that, when there are two or more males in equal degrees, the eldest only shall inherit, but the females “all together” [Blackstone’s definition], then ancient records may indeed contain but scant references. But primogeniture embraces all the cases of single inheritance, and may indeed be defined as the prerogative enjoyed by an eldest son or occasionally an eldest daughter, through law or custom, to succeed to their ancestor’s inheritance in preference to younger children. Nay, we might even make it more comprehensive, extending it to all cases of single succession depending upon priority in birth.” Radhabinod Pal, The History of the Law of Primogeniture 11 (1929).
“We might note here, parenthetically, that the English preference for single-file male descent — that is, the system of descent known as primogeniture — was never cordially received in this country. Our statutes of descent and distribution uniformly provide for sons’ and daughters’ sharing the inheritance equally. Although this seems a fairer method than primogeniture, which was finally abolished in Britain with the 1925 reforms, the descent of property to an ever-expanding group of heirs can seriously complicate the clearing of old titles.” Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 9 (2d ed. 1984).
