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Why could Lady Catherine de Bourgh own property when other women could not?In: Romance, Jane Austen |
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She's a widow, not a wife
It had to do with the marriage contract and the fact that Lady Catherine de Bourgh isn't married: she's widowed. Widowed women could own property.
Women like Lady Catherine Fitzwilliam (to give her maiden name) were married off under contracts. A standard contract would pass land along to the husband with the marriage, but not free and clear in that he could use and control it, but he couldn't sell it.
The standard contract provided that if the wife predeceased the husband, the land would be inherited free and clear by the oldest son or, barring sons, to all the daughters equally. Usually the husband would be given a "life interest", which meant he could live on the land for the rest of his life but could not control it after his son reached 21. If there were no children the land would usually revert back to the wife's most senior surviving male relative, again with a "life interest" clause.
If the husband predeceased the wife, which was much rarer in the 1800s than it is now, the land would again go to either the oldest son or to the daughters en masse, but the widow would have a life interest.
First answer by ID1150307508. Last edit by ID1150307508. Question popularity: 16 [recommend question]




