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Skriv ut sidan - Äldre inlägg (arkiv) till 2007-03-18
Anbytarforum
Titel: Äldre inlägg (arkiv) till 2007-03-18
Skrivet av: M.Sjöström skrivet 2006-10-28, 12:49
I have severe doubts whether istadarätt actually existed in cases of exercising the odelsrett (udal right). I have now studied some facts about the case of quashing the testament of 1720 regarding succession to the Åkerö castle and lands. Its owner, Margareta Bielke, Dowager Baroness Horn (died 1727), willed Åkerö to her stepdaughter, who accordingly inherited it, and whose husband actually took Åkerö as his titular grevskap when created a count.
However, Margareta Bielke's closest surviving relative, her first cousin Ebba Maria Sparre, Dowager Countess Stenbock (died 1740), soon made claim to the property. It seems that Ebba Maria was the sole surviving first cousin in 1727, at the time of the death of the testator. The testator left a number of surviving children of other first cousins, but Ebba Maria was clearly entitled over them (they were not first cousins themselves, they were only in istadarätt of deceased first cousins), and this speaks strongly that istadarätt did not exist in cases of exercising the right of closest blood relatives to have landed property over sale, gift or testament (= udal right). The case got its verdict from hovrätt in 1745, and Ebba Maria (who had already herself died) won the case.
The winners actually were countess Ebba Maria's own heirs. And their list again shows a presumed absence of istadarätt: there are listed her surviving nieces and nephews, but not those who had istadarätt from an already deceased niece or nephew.
I would think that the udal right is such a heavy process (as it involves a conflict anyway) and already practical concerns had, over centuries, taught to avoid allowing too numerous bunches of heirs to exercise it simultaneously (a conflict will be yet heavier if one of its parties is very numerous and possibly has internal conflicts). So, even if istadarätt existed in normal inheritance (as some have argued here), it well might be that as to the udal right, istadarätt was not directly allowed, and that literally closest relatives held first dibs to the said right.