VA-ROOTS Archives

August 2009

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From:
KAREN DALE <[log in to unmask]>
Reply To:
Research and writing about Virginia genealogy and family history." <[log in to unmask]>
Date:
Mon, 17 Aug 2009 08:26:39 -0700
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I also would like to hear a discussion of how primogeniture affected inheritance when a man died intestate. I've got a case where a dead man's brother deeded land to his widow--but it looks exactly like the property that the dead man bought in Prince William the year before he died.  

Now, I think this widow DID have sons--at least three--but they would have been quite young. So how did her husband's land wind up with his brother? I can't imagine that these three men were NOT his sons, especially since the son of one of them sold that same land a generation later! Why did the brother get the land and not the sons?

These are all Masons, Linda--my eternal frustrations!

Karen Dale


----- Original Message ----- 
  From: Linda Sparks Starr<mailto:[log in to unmask]> 
  To: [log in to unmask]<mailto:[log in to unmask]> 
  Sent: Saturday, August 15, 2009 9:28 AM
  Subject: [VA-ROOTS] Question about Primogeniture


  In the 1670s in Virginia when a man died intestate, leaving a widow 
  but no children, who got the 2/3 of his property remaining after her 
  dower portion was released to her -- his living father or his eldest 
  brother?

  In the case I'm working, the eldest brother and widow's second 
  husband went to court over distribution of the land. The elder 
  brother got 2/3rds --  My question is: IF the father was still 
  living, as most researchers think, why didn't the father get the 
  deceased's land instead of "the father's son"?  Is the answer found 
  within primogeniture?   Otherwise, did I need to search for more 
  evidence "the guy we all think is the father" is really the father of 
  these two -- or conversely look for evidence the father died before 
  we think he did?

    Thanks in advance for your assistance.   Linda





  Linda Sparks Starr    [log in to unmask]<mailto:[log in to unmask]>
  http://homepages.rootsweb.com/~lksstarr<http://homepages.rootsweb.com/~lksstarr> 

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