VA-ROOTS Archives

November 2004

VA-ROOTS@LISTLVA.LIB.VA.US

Options: Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Langdon Hagen-Long <[log in to unmask]>
Reply To:
Langdon Hagen-Long <[log in to unmask]>
Date:
Tue, 23 Nov 2004 09:02:17 -0800
Content-Type:
text/plain
Parts/Attachments:
text/plain (67 lines)
Nel,
A Memorial is a legal document, which represents the
facts of the owners right and title to the property.
South Carolina had an entire series of Memorials,
because the legislature ordered everyone to file one,
explaining how they came by their land. There was no
such law in Virginia, so they are scattered in deed
and court books.

They generally are of two types in Virginia. First,
they are used like a caveat, or warning, that there
was some kind of problem with the title. ["This is a
memorial to announce that a previous deed was judged
invalid."]  I recently found one that stated a
previous deed was fraudulent, but the parties had
worked out settlement. Memorials can be used if
someone defaults on payments of a sale, and the land
reverts to a previous owner. The owner makes it clear
what happened and why he is the true owner again.

The second type might just be making clear how someone
obtained title, usually for the purpose of a sale.
Details of previous ownership are usually given.
This type might give a line of descent in a family,
proving how the land was passed from grandfather to
father, to son. This is done when the land passed by
operation of law, [as in intestate succession] without
a deed being filed. Sometimes they just state previous
sales. This might be done if a buyer wanted proof that
the seller had a right to sell, and not necessarily
because there was problem with the title.

Memorials are informal, much like a deposition
concerning title. They are filed in addition to any
deeds, in order to make the chain of title clear.
They are a great source. I once found a four
generation genealogy, outlining the individuals, when
they died, what was in the wills,  and how the land
was passed down.

There are other types of memorials that don't pertain
To land, but from your citation, this looks like a
land memorial.

I hope you find something great.
Langdon Hagen-Long


--- nelhatch <[log in to unmask]> wrote:
>
> Can someone tell me............
>
> MEMORIAL FOR 250 ACRES ON PETERS CREEK
>
> what is the definition of Memorial?
>
> Thanks!
> Nel Hatcher
>
> To subscribe, change options, or unsubscribe please
> see the instructions at
> http://listlva.lib.va.us/archives/va-roots.html
>

To subscribe, change options, or unsubscribe please see the instructions at
http://listlva.lib.va.us/archives/va-roots.html

ATOM RSS1 RSS2