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Mon, 13 Aug 2001 18:53:18 -0400 |
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Usually wives were examined by justices of the peace to see if there was any
objection to a lessening of the estate by sale. This was to protect the
property presumably brought into the marraige by the wife. Along the same
vein, the courts ensured widow's recieved their "widows third", an amount
equal to one third of the estate or the value of the dowry(if any), which
ever was greater. Women ideally had their rights protected by their
husbands but did not precisely lose them. Agaian ideally she could object
to a sale, I wonder if it ever really happened.
Thomas Hay
Site Manager, Courthouse
Department of Historic Sites
The Colonial Williamsburg Foundation
-----Original Message-----
From: Diana Bennett [mailto:[log in to unmask]]
Sent: Monday, August 13, 2001 6:31 PM
To: [log in to unmask]
Subject: 1770 PROPERTY SALE
Dear Listers:
My ancestor sold some property - but because his wife could not travel
to the courthouse men were sent to "examine" her to see if she willingly
and freely, without threats or persuasions, from her husband agreed to
having the sale of the land recorded.
Did she have any rights of refusal during the time period? This land
was possibly given to her when she married my ancestor. Does that make a
difference?
Thanks for any ideas.
Diana Kercheval Bennett
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