anders leegaard knudsen Often the legacies for ecclesiastical institutions would be mentioned first, then individual ecclesiastical beneficiaries, and finally the legacies for laypersons. The legacies were usually land, as well as movables or money. We do not know whether the Danish testaments were probated or where that might have taken place. In some instances, they were read out aloud at the testator’s grave – presumably at the funeral – and this may have been the customary practice. At least it would be practical to do so in front of an assembly of the parishioners and the family.16 The executors would pay out the legacies, and if necessary, conduct the procedure for transferring land at the public assembly. Whether it was the last will of a testator or a testatrix, the task remained the same. This seems to me to be the most important aspect of the testament in medieval Denmark: in this respect, at least, men and women were equal under the law. At least this was true for women from the social elite. There is no denying that most of the testatrices came from the very top of Danish society. Gradually, though, the practice was adopted by the gentry as well as wealthy citizens. We find the first testaments from the latter from about 1300. Under Danish law, sons inherited twice as much as daughters. In fact, to this day the expression ‘the lion’s share’ is known as ‘the brother’s share’ in Danish. A son’s share was known as ‘a capital lot’, or portio capitalis in Latin. A Dane was allowed to dispose of half a capital lot, i.e., a daughter’s share, in gifts mortis causa. The rest of the estate would be inherited according to the laws of inheritance. If the testator or testatrix had no children, he or she could dispose of half their possessions.17 16 See, e.g., the reading of Margrete’s testament at her funeral on February 16, 1339, mentioned inDDan. III:1, no. 163; the reading of Peder Andersen’s testament at his grave, on an unknown date before September 27, 1436, mentioned inDiplomatarium Danicumno. 1436 0927001, URL: https://diplomatarium.dk/dokument/14360927001; and the reading of Niels Aagesen’s testament at his funeral on an unknown date before March 6, 1495, mentioned in RepD. II:4, no. 7847. But see DDan. IV:7, nos. 26 and 57 for the public reading of Jens Bentsen’s testament at the provincial assembly of Zealand on an unknown date before March 12, 1399. 17 The medieval Danish laws of inheritance are conveniently explained in English in Vogt 2017. 155
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