Unless the property was explicitly protected from her husband (i.e., left to
her for life and then to her children or placed in trust for her use) her
husband could and often did sell property a woman owned at the time of
marriage or later inherited.  And, you will find the wife releasing dower to
property she originally owned. While I cannot speak definitively to the law,
I can speak to the practice and I have frequently observed this occurring.

Barbara Vines Little, CG





----- Original Message -----
From: Diana Bennett <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, August 13, 2001 6:30 PM
Subject: [VA-HIST] 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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