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May 2004

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Wed, 5 May 2004 11:29:51 -0400
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Nel, I think that I can offer and explanation for the Court Order.

Assumption #1 Branch Hatcher died intestate

Assumption #2, Prior to the 1825 Court Order the older children had received their share of the estate as they married (for the daughters) or turned 21 (for both sons and daughters).

In 1825 Sussanna was not the guardian of her children and did not control the estate.  Unless she remarried or had a career she had no means of support.  As Branch's widow she was entitled to her dower from his estate.   The only way she could access her dower of 1/3 of her husband's estate was to sue her minor children and their guardian for a division of the estate.

The suit also forced the remaining estate to be divided between herself and her minor children.  If the children's guardian were mismanaging the estate, the division of estate would provide some small protection for the children to ensure that there would be an estate to inherit.

Deborah Byrd

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Susanna B. Hatcher widow of Branch Hatcher deceased Plt. against Frances E.,
Obediance A., Samuel B., Mary E. P., Sally E., and Thursey H. Hatcher infant
children of Branch Hatcher decd. by Parke Poindexter their grn. ___(?)
Defts.} In Chancery
     This day this cause came to be finally heard, upon the papers formerly
read & the report of Commissioners made in pursuance of the decretal order
pronouced herein which report is in the words and figures following to wit.
Pursuant to the above order and decree to us directed, we the undersigned
commissioners, with the assistance of the county Surveyor, have laid off,
allotted and assigned to Susanna B. Hatcher widow of Branch Hatcher deceased
One hundred and eighty acres of Land, as her right of dower in the lands of
which said Hatcher died possessed.  Given under our hands & this 11th day of
November 1823.  John Lafon, Thos Howlett, Wm Hatcher Senr.
Chesterfield county to wit; 11th November 1823.  Pursuant to an order of
Chesterfield county court I have surveyed for the estate of Branch Hatcher
decd. One thousand and sixty eight acres and one hundredth and two pole of
Land, and divided the same agreeably to the direction of the commissioners,
as appears in the face of teh above plat at eighty poles to the inch.  D.
Laprade  D. Sur.
And to which there is no exception, and was argued by counsel On
consideration whereof the court doth adjudge, order and decree that the said
report be confirmed and forever established between the parties, and that
the costs be borne by them according to their respective interests.



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