Feoffee facts for kids

In old England, during the time of feudalism, a feoffee was like a trusted helper. This person would legally hold a piece of land, called a "fief" or "fee," for someone else. The real owner of the land would still get to use it and its profits.

This idea of using feoffees became popular towards the end of the Middle Ages. It started to fade away when the feudal system officially ended in 1660. Using feoffees actually helped speed up the end of feudalism. This is because it allowed people to get around some of the old rules about land and money.

How Feoffees Developed

People started giving their land to feoffees around the year 1375. They would legally transfer their land to a group of trusted friends or family. But the original owner still got to use the land. There were two main reasons why people did this:

• Avoiding Feudal Taxes: This was a clever way to avoid certain payments and rules under the feudal system.

* When someone inherited land, they usually had to pay a "feudal relief" to their overlord (the person above them in the feudal system). With feoffees, the land was already held by the group, so no new payment was needed. * If a landholder died and their heir was under 21, the overlord could take control of the land and its income until the heir grew up. This was called "wardship." Feoffees prevented this because they were already adults holding the land. * If a young woman inherited land, the overlord could force her to marry someone they chose. Feoffees helped avoid this. * If a landholder died without a legal heir, the land would usually go back to the overlord. This was called "escheat." But with feoffees, the land was held by a group, so it didn't "escheat" back to the overlord. * A group of feoffees was like a team that never died or got too young to manage the land. This meant the king, who was often the main overlord, couldn't collect these special taxes or take control of the land. This made the king's finances suffer. King Henry VII, who became king in 1485, had to find new ways to collect money.

• Choosing Your Heir: People could also use feoffees to decide who would inherit their land.

* Normally, under a rule called "primogeniture," only the oldest son could inherit the land. With feoffees, a landholder could make sure their land went to anyone they wanted, not just their oldest son.

So, when a person died, it looked like they didn't own much land. But in reality, they had full use of it and all the money it made. This could confuse historians today who don't know about feoffees. It could make a very rich landowner seem like they died with no land at all!

How Feoffees Were Set Up

To create a feoffee arrangement, people usually made a special written agreement called a "sealed charter." This document explained everything important. It listed who the feoffees were and who the land was really for. It also said how long the feoffees would hold the land. It even included who the original owner wanted to inherit the land and what would happen to his wife.

This charter looked like a normal sale or transfer of land. Because of this, people today might misunderstand it. They might think the feoffees themselves were the rich owners of the land, like business partners. But they were just holding it for someone else.

Legal Meaning of Feoffee

The word "feoffee" is an old legal term. It relates to the history of "trusts" and "equity" in law. A feoffee was the legal owner of a property. But they were not the "equitable" owner, meaning they didn't get the benefits from it.

In 1535, a law called the "Statute of Uses" changed things. It took away the feoffees' legal titles. The legal ownership of the property was transferred to the person who was supposed to benefit from it.

Today, the closest thing to a "feoffee to uses" is a trustee. A trustee holds and manages property for the benefit and use of someone else, called the beneficiary.

Feoffees Today

The term "feoffee" is still used in some places today. It means a trustee who holds land for a special purpose, often for charity.

Here are some examples:

• The trustees of the Chetham's Hospital charity in Manchester, England.
• Groups in the towns of Colyton, Devon and Bungay in Suffolk.
• The trustees of the Sponne and Bickerstaffe charity in Towcester, Northamptonshire.
• The Feoffees of St Michael's Spurriergate help restore churches in York.
• In Ipswich, Massachusetts, USA, the Feoffees of the Grammar School have been trustees of land for the town since the 1600s.
• In Ecclesfield, South Yorkshire, feoffees help take care of the local church, Church of St Mary, Ecclesfield. They also give money to help local people. In the past, they even helped with law and order and road upkeep!
• The Spalding Rectory Feoffees were formed in 1620. They still pay the salary of the Vicar of Spalding, Lincolnshire.

Other examples include the Selby Feoffee and Welfare Charity and the Chittlehampton Feoffees.

As of 2021, there were 135 active feoffees registered as charities in Britain. Four feoffees were registered as companies.

See also

• Fee (or Fief or Fiefdom)
• Fee simple
• Feu
• Legal history
• Feudal land tenure
• Land tenure