The law presumes that all persons are capable of guiding their own day-to-day lives, but the presence of various types and degrees of mental disability or mental incapacity can call this capability into question. When competency is convincingly demonstrated to be impaired, to the extent that decision-making requires input, persistent guidance, or outright control by some external entity, the civil courts might elect at that juncture to impose some form of “substituted judgment.” Substituted judgment undertakes to address three broad and potentially overlapping decision-making domains, described here with brief accompanying examples: prior judgment (regarding wills and other advance directives), present judgment (regarding informed consent and the corresponding right to refuse treatment), and future judgment (regarding guardianship and conservatorship). This chapter will explore each of these domains in detail, identifying the contributions mental health professionals can make to reliable and valid forensic assessment in this regard.

This section contains examples of four wills made by members of the laity, both men and women, at the end of the fourteenth and beginning of the fifteenth centuries. This is a genre of which many examples survive in local records and in episcopal registers. Here one can see the kind of things that people would leave to their relatives or to the poor, from domestic articles, often associated with their profession, and clothes, to sums of money.

Advanced age affected the performance of mastery, and some slavers saw the declining fortunes of another as providing them with the opportunity to rise at their expense. Concerns with – and contests over – the authority of aged enslavers did not end at their death. Wealth generated by slaveholding needed to be passed on, and the quest for profit and status that animated southern enslavers saw ferocious disputes erupt over the transferal of property between generations. Contests over wills and inheritance help reveal the complex and contested relations between enslavers, intergenerational tension in the American South, and shifting social hierarchies shaped by the passage of time. Antebellum enslavers prized the presumption of authority and craved respect from family, kin, and community. And yet, in legal challenges to wills, deeds, and bills of sale recorded posthumously, antebellum southerners revealed the disregard they held for aged enslavers’ claims of dominion, and their willingness to trash the reputation of fellow “masters” both before and after death.

Intergenerational disputes shaped by white southerners’ hopes to profit from slavery did not end with the death of an enslaver. These contests became particularly virulent when the matter revolved around posthumous manumissions, and this chapter shows how elderly enslavers who sought to emancipate enslaved people in wills had their actions challenged by rivals who utilized the discourse that conflated old age with weakness, both of body and mind, to diminish their reputation and deny their mastery. The aging process had public and political ramifications in a slave society built on dominance and mastery, and a focus on emancipation and age serves as a fitting end to this study which underlines the wider importance of age as a vector of power in the antebellum south. Contests over emancipations underscore how far understandings of aging as a period of declining force led to conflict between white southerners looking to rise at another’s expense. White enslavers looked to their aged peers who sought to free their slaves as reduced in authority and status, and as figures whose claims to mastery must be usurped for the good of both private and public interests associated with slavery.

This essay explores the unique insights into the lives and book ownership of the Paston family offered by its fifteenth-century correspondence. It looks at three Paston women ߝ Agnes Berry Paston, her daughter-in-law Margaret Mautby Paston, and Margaretߣs daughter Elizabeth Paston (Yelverton) ߝ and the books that were in their possession or that they may have read. Putting the evidence concerning book ownership provided by wills, for example, alongside that of letters provides intriguing insights into the spirituality and influence of women, and the value they placed on devotional and moral works. The Paston womenߣs reading also included secular romance, the interest of which may have been as much political as personal. The reading interests of such women, then, extended far beyond the narrowly domestic.

Chapter nine examines the lives and the characteristics of the first indios ladinos who broke bonds of servitude to establish themselves as vecinos in Santafé (de Bogotá) and Tunja, making use of evidence left behind by members of the urban native community in hundreds of notarial documents, including last wills and testaments, powers of attorney, and bills of sale. I document the process by which some native migrants could hope to become citizens (vecinos)– fully enfranchised members –of the Spanish city, while others were recorded as inhabitants (moradores) and temporary residents (estantes) with few(er) rights and privileges. In so doing, I reflect on the role that marriage, religion, property ownership, language, and dress played in conditioning membership in the urban fabric of the Spanish colonies. Mapping the social practice of citizenship (vecindad) against a web of royal law and legal jurisprudence serves to better understand how local practice in the New Kingdom of Granada fit within imperial frameworks.

When grave illness compelled rulers to plan for the likelihood of a child’s succession, their chief concern was not that their young son would be passed over as king. Instead, most dying rulers focused on making collaborative arrangements for protecting the kingdom and supporting the child in rule. This chapter examines some of the evidence for the preparations dying kings made as they gathered to their side men and women whose involvement would be crucial for the child’s continuing education and the realm’s administration. The first two sections draw attention to shifts over time in familial attendance at royal deathbeds and in the testamentary records of rulers’ intentions. The actions of kings and queens both before and at their deathbeds suggest hesitancy to impose a wardship model upon royal children, especially upon the new boy king, and this royal reluctance is examined in greater detail in the chapter’s third and final part. Even when it became apparent an infant or child would succeed, kings eschewed entrusting their sons and kingdoms to the care of individual magnates, preferring collaborative arrangements in which the queen often took a prominent role.

Death has traditionally been regarded in China as something to be prepared for, not as something to be feared, a taboo subject. As age came on grandmothers prepared for their end. If the family did not have a graveyard they arranged a grave site. They had a coffin made, of the most expensive wood they could afford. They ordered a set of grave clothes. The set aside money for the funeral. The division of property was done by customs; wills were not legal documents but moral exhortations to descedents.

In the Mao Era most of these practices were considered feudal and outlawed, in favour of cremation without ceremony. In the Reform Era many have come back, though cremation is encouraged. The dead live on. In the past they joined the ancestors. Now the focus is on commemorating individuals. At the Qingming Festival families remember the dead and provide them with paper replicas of what they may need in the afterlife.

In a breach with tradition, neither of China’s twentieth-century leaders has been buried. Mao Zedong lies in the centre of Tiananmen Square. Chiang Kai-shek is in a coffin in Taoyuan (Taiwan), waiting to be buried in his home town.

This chapter turns to the experiences of the laity when they found themselves in ecclesiastical courts in disputes over marriage, wills and burial, disorderly behaviour, or unacceptable use of language: speech crimes: brawling, defamation and blasphemy. It looks at examples of the costs and consequences to the laity of finding themselves in ecclesiastical courts, and the role of the debtors’ prisons.

Reveals the profusion of boxes in early modern England, valued for practical and aesthetic reasons. While boxes are often very mundane, they might also be associated with events such as marriage, and are frequently bequeathed as items of intrinsic value. Wills and inventories demonstrate the ready slippage between boxes as furnishings for rooms, and furnishings for the mind – one author stores up his faith in ‘my Breste, the Cheste of my mynde’. His words illustrate the blurring of the material and the metaphorical that can happen inside boxes. Considering Elizabeth I’s bedchamber, hiding places in The Merry Wives of Windsor, and moments of enclosure in John Donne, this chapter interweaves close readings of wills and prayer manuals with objects such as velvet boxes and parish chests. It establishes a key quality of the box: although it is one of the most physically solid and constraining kinds of object, it offers flexible imaginative possibilities.

The fifth chapter examines eighteenth and nineteenth century inheritance laws in India in order to analyze the intersections between state power, gender, and colonial policies of annexation. In particular, I focus on the case of Troup v. East India Company (1857), which involves the estate of Begum Sumroo, one of the wealthiest and most unconventional women in colonial India. Sumroo, who did not have biological heirs, sought to transfer her wealth to her son through adoption. In a case that revolved around the distinction between private and state property for native principalities, the colonial state declared that the Begum’s property was subject to annexation. The annexation inaugurated a series of legal cases that unfolded over the unfortunate life of her adopted heir David Ochterlony Dyce Sombre. Taking the case of Begum Sumroo as my starting point, I explore the ways in which the normativization of western notions of inheritance and property worked to undergird the expansion of Empire. Assertions of colonial sovereignty thus sought to disrupt unruly forms of sexual and social organization in order to more efficiently manage both affective relations and property ownership

Attention in this final chapter is directed to the private passions of church personnel as revealed in the executors’ accounts of deceased canons, and in particular Jacques de Houchin, remarkable for his bibliophilic sophistication and (apparently) private music-making. Houchin’s book collection at death ran to more than 300 volumes, including large numbers of classical texts, making him one of the most significant private bibliophiles of his age. He also possessed a large number of music books and musical instruments. Centred on this one man’s proclivities, the chapter paints a picture of private music-making within the confines of the church and its cloister, involving canons, vicars and choirboys.

Chapter 7 explores what happened after the marriage was agreed. It looks first at the planning of the wedding festivities: the buying of a dress and the preparation of the wedding meal. The second section of the chapter, explores relationships between husbands and wives and the different ways in which patriarchy was expressed. To what extent did husbands exercise their authority under the laws of church and state to control their wife’s behaviour?What evidence is there that husbands were aware of their status as heads of household and anxious to enforce it? It is impossible to generalise about the implications for marital relations of large numbers of children but large, crowded households are, nonetheless, a constant throughout the period covered by the volume.There can be no generalising either about intimate relationships between married couples.Emotions shaped such relationships as clearly as economics and status did.Emotions might be expressed in words, in letters, but within an intimate life they find expression also in gesture, touch, in looks and in the more practical realms of support and care to be found in intimate relationship.