Under primogeniture, who would inherit in this situation?

Question

Okay, I know the first-born son generally inherits under primogeniture. But how about in this situation.

A patriarch has two sons. The first has one daughter. The second has one son. The oldest son dies. The younger one is still alive. When the patriarch dies, would his estate go to the (deceased) oldest son's daughter? Or would it go to the younger son.

(Basically in a story I'm wondering if a younger son would have a motive to get rid of his older brother's daughter!)

Thanks!

Answer 1

It depends on the age of the daughter.The second son would become regent if the first son's daughter is not of age;he,and perhaps some other people,would act as regent until the daughter is old enough to take her rightful place.If the daughter is of age at the time of her grandfather's death;she would go on to ascend the throne without the waiting period.

Answer 2

This is the stuff of civil wars...I think, generally, the title would pass to the second son, as he is the oldest surviving son, although laws varied according to the custom of the country.

For instance, in some countries, there was an express law that only a male heir could inherit (especially a throne), whereas in other countries, an oldest surviving daughter would inherit before a grandson or cousin would be brought in from elsewhere.  

For instance, in the 15th C., in Aragon, only a male heir could inherit the throne, but in Castilla, there was no such rule, thus, Isabel was the next closely related person to the deceased king, (well, that wasn't exactly clear, either, but the other pretender was a girl, too), so she inherited the throne, marrying Fernando, and joining most of the Iberian Peninsula, and making it possible for women to be queen (sole ruler) of Spain.

Answer 3

It is never as simple as that when an apparent heir dies.  While sum may call for the girl to become queen, the youngest son could also have a legitimate claim to the throne.  In the case of the youngest son's son and his cousin, it is more likely that the crown would go to the youngest sons son.  All depending on how old each of the candidates were and what their political, military and religious stance was and who supported them.

Answer 4

If following succession as used in Britain, the estate goes to the daughter.  Succession was established to the first son and continues to his children even if he dies before the patriarch.   If the daughter dies with no heirs  the estate goes to the second son and his children.  If the patriarch had an older daughter and a younger son, in a patriarchal society the estate goes to the son and his family even if the daughter had a son of her own.   In the royal family of the Denmark, the eldest child inherits regardless of gender.