Nel Hatcher wrote:

> I believe the widow is entitled to 1/3 of the estate. Correct me if I'm
> wrong on this.
>
> But while we're on the subject of wills, I have another question regarding
> the man who dies intestate. In reading up on early colonial VA law, my
> impression is that if no will was written, the eldest son inherits the
> entire estate. Does this mean the widow inherits nothing, or does it mean
> the eldest son inherits the remaining 2/3 and the widow still inherits her
> 1/3?
>
> If the widow inherits nothing, it would seem as if she might become a
> charity case if you're dealing with a dysfunctional family :-) Or did the
> law also require in this situation that the eldest son assume responsibility
> for his mother's care?

Nel,
        It depends on the time when the probate was executed.  Prior to about
1787, VA followed the laws of primogeniture in which the eldest son
inherited all unless there was a will.
        The dower, or widow's third, was what prevented the widow from becoming
a charity case, theoretically.  This land was hers to use for her life
or widowhood.  If she died or remarried the land then reverted to the
heir(s).  She was not allowed to sell it or give it away.

Renee L. Dauven

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