From roots-in@roots-l.rootsweb.com Sun Jun 25 17:48:05 2006 Received: from mail.rootsweb.com (mail.rootsweb.com [192.168.65.34]) by admin.rootsweb.com (8.12.8/8.12.8) with ESMTP id k5PNm5jb005292; Sun, 25 Jun 2006 17:48:05 -0600 Received: from roots-l.rootsweb.com (roots-l.rootsweb.com [66.43.16.22]) by mail.rootsweb.com (8.13.4/8.13.4) with ESMTP id k5PNm4ou027476 for ; Sun, 25 Jun 2006 17:48:04 -0600 Received: from roots-l.rootsweb.com (roots-l [127.0.0.1]) by roots-l.rootsweb.com (8.12.10/8.12.10) with ESMTP id k5PLBQFI026177 for ; Sun, 25 Jun 2006 17:11:26 -0400 Received: (from roots-in@localhost) by roots-l.rootsweb.com (8.12.10/8.12.8/Submit) id k5PLBQAG026176 for roots-approved@rootsweb.com; Sun, 25 Jun 2006 17:11:26 -0400 Received: from lists5.rootsweb.com (lists5.rootsweb.com [66.43.27.41]) by roots-l.rootsweb.com (8.12.10/8.12.10) with SMTP id k5PJk6FI025955 for ; Sun, 25 Jun 2006 15:46:06 -0400 Received: (from slist@localhost) by lists5.rootsweb.com (8.12.8/8.12.8) id k5PMMYrJ011239 for roots-in@roots-l.rootsweb.com; Sun, 25 Jun 2006 16:22:34 -0600 X-Envelope-From: dianmah@juno.com Sun Jun 25 16:22:34 2006 Received: from mail.rootsweb.com (mail.rootsweb.com [192.168.65.34]) by admin.rootsweb.com (8.12.8/8.12.8) with ESMTP id k5PMMYjb011230 for ; Sun, 25 Jun 2006 16:22:34 -0600 Received: from m23.lax.untd.com (m23.lax.untd.com [64.136.30.86]) by mail.rootsweb.com (8.13.4/8.13.4) with SMTP id k5PMMUYf009989 for ; Sun, 25 Jun 2006 16:22:30 -0600 Received: from m23.lax.untd.com (localhost [127.0.0.1]) by m23.lax.untd.com with SMTP id AABCK7LDHATNGEBJ for (sender ); Sun, 25 Jun 2006 08:14:47 -0700 (PDT) Received: (from dianmah@juno.com) by m23.lax.untd.com (jqueuemail) id LTQJ5FX3; Sun, 25 Jun 2006 08:13:55 PDT To: ROOTS-L@rootsweb.com Date: Sun, 25 Jun 2006 10:12:51 -0500 Message-ID: <20060625.101251.4008.0.dianmah@juno.com> X-Mailer: Juno 5.0.33 MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Juno-Line-Breaks: 0,2-4,6,8-10,12-14,16,18-20,22-31,40-41,57-58,61-62,67-70 From: Dian Mahaney X-ContentStamp: 22:11:4247141710 X-UNTD-OriginStamp: wmVxicAX/NvkiQqWZS0UuL6OMi0OfueN8zxca6jR5BZmwTsIQYGzFw== X-UNTD-Peer-Info: 127.0.0.1|localhost|m23.lax.untd.com|dianmah@juno.com X-Scanned-By: MIMEDefang 2.52 on 192.168.65.34 X-Scanned-By: MIMEDefang 2.52 on 192.168.65.34 Sender: roots-in@roots-l.rootsweb.com Subject: [ROOTS-L] Re: ROOTS-L Digest NC VA female inherits, I posted this query on another list, but no one was that familiar with VA NC laws of the time. Hope someone can help on this. I have a copy of a will written in the 1820s, probated 1826 in NC. It was written by a woman who never married. She and her siblings inherited land, goods, and money from their father many years earlier. All are named. In her will, she leaves everything, including the lands inherited from her father, to her nieces and nephews. All are named. I thought if a female was an heir, she either had a husband or a guardian was appointed to handle her legacy. I did not know she could handle her own affairs. Was there a law change? When? Or, have I been working under some bad, BAD information? Thanks for assistance. anne **** Anne, I'm no expert on Inheritance Law, but it has been my experience studying Virginia history and read many wills that an unmarried woman who was not a minor, did have some control over her own property. Most of the early wills of Northumberland County VA. have been abstracted, and I have read all of these abstracts. These wills cover a time period of 1650-1800. These woman included widows as well as "spinsters". A widow may have been limited by the terms of her husband's will when it came to making her will. I have read a number of wills where the widow disposed of property left to her by her husband. I have also read several prenuptial agreements. One in particular that I looked up is between Thomas Brereton, Sr. (widower) and Graciana Spann, the widow of Richard Spann. There are a number of Deeds of Gifts by each, giving land and personal property to their respective children. These were recorded 15 Nov. 1671. Also on Nov. 15th Thomas Breterton recorded a statement "whereas there is a Marriage intended & by ye grace of God shortly to be had & solemnized between ye above bound Thomas Brereton & Mrs. Graciana Span, and whereas ye sd. Graciana Span out of her motherly & tender affection towards her sons Samuel and John Spann, hath given severall servants, cattle, hogs, goods & tobaccoe to her sd. sons, as by Deed of Gift bearing the date with these pr:sents. Now if ye above Bounden Thomas Brereton, his heirs shall truly pay all such servents cattle hoggs household stuffe goods or summes of tobaccoe unto ye sd. Samuel & John Span...Notwithstanding ye effect of ye sd. marriage, he shall absolutely disclayme any right hee can plead to the thirds of ye land of her late deceased husband..." There is also a record of William Thomas, who was a trader, giving power of attorney to his wife Rebecca, while he was on an extended trip, to conduct all of his business in his name. My impression is that while fathers and husbands, or guardians legally had control, they could relinquish that control. There may have been local or regional customs that were an influence. But it seems to me that there were many men who had respect for the ability of their wife's and daughter's ability and gave them control. I hope this helps. Dian