The Virginia Married Women's Property Act was adopted on 4 April 1877.
Virginia's was the last state statute to overthrow the Common Law on this
subject; but there were many ways by which individual women could have had
control of their own property before that.
Some references that might be helpful:
J.P. Bishop, COMMENTARIES ON THE LAW OF MARRIED WOMEN UNDER THE STATES OF
THE SEVERAL STATES, AND AT COMMON LAW AND IN EQUITY (Boston, 1875).
George L. Christian and Frank W. Christian, "The Virginia Married Women's
Act," VIRGINIA LAW JOURNAL 1 (1877): 63-75.
S.S.P. Patteson, "The Law for Married Women," VIRGINIA LAW JOURNAL 14
(1890): 537-547.
Martin Parks Burks, NOTES ON THE PROPERTY RIGHTS OF MARRIED WOMEN IN
VIRGINIA (Lynchburg, 1894).
W.B. Pettit, "The Property and Contractual Rights of Married Women," REPORT
OF THE ELEVENTH ANNUAL MEETING OF THE VIRGINIA STATE BAR ASSOCIATION
(Richmond, 1899), 251-255.
Cynthia Gianakos, "Virginia and the Married Women's Property Acts" (MA,
University of Virginia, 1982).
Brent Tarter, "When Kind and Thrifty Husbands Are Not Enough: Some Thoughts
on the Legal Status of Women in Virginia," MAGAZINE OF VIRGINIA GENEALOGY 33
(1995): 79-101.
Brent Tarter
The Library of Virginia
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-----Original Message-----
From: Julia Crosswell [mailto:[log in to unmask]]
Sent: 06 April, 2001 8:27 AM
To: [log in to unmask]
Subject: Separate Property
Good morning Historians,
Does anyone know what year married Virginia women were allowed to hold
property in their own right? A member of another list has found an 1870
will, wherein the wife leaves everything to her husband, although no
specific property is named. We are wondering what property she could have
been holding in her own name that would necessitate the need for a will.
We are wondering if she had an interest in another's estate that had not
yet been distributed. Are there other possible scenarios?
Any thoughts on this would be appreciated.
Julie
Julia Shiflett Crosswell
Shiflet Webmaster
Fort Worth, TX
Shifflett Family Genealogy Website:
http://www.geocities.com/Heartland/Hills/4575/
March 1999 web site of the month at GenExchange
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