Ms. Crews,

I assume from the information you provide that the decedent died
intestate.  While probate in Virginia could become quite complex
depending upon conditions like debt, value of the estate, number of
heirs, and a host of other issues, the general procedure would be that
the widow would petition for her share as provided under state law (I am
more familiar with Georgia, but I seem to recall that Virginia
recognized a widow's dower which was typically a third of the estate),
and appraisements were almost always performed in advance of
distribution of assets to the widow and minors.  Quite simply, they had
to know what the estate was worth before they distributed or liquidated
the assets, especially if there were outstanding debts or other
financial obligations that would allow creditors to lay claim to the
estate.  

Sales were also common, especially in cases of intestacy, multiple
heirs, disputed wills, debts, etc. where it was possible to translate
the possessions into real money and then distribute that money equitably
among the heirs or claimants. That said, widows could receive their
distribution in assets prior to sale, they could wait until the
completion of the sale to receive cash, or there might be a combination
of pre- and post-sale distribution.  VA probate was carried out in the
chancery courts, so you might be able to find additional documents
relating to the settlment of this estate through the Library of
Virginia's Chancery Records Index avaliable online through the LVA
website.  You can search by locality and by name to find digitized
copies of related documents.  
   
Harold Gill and George Curtis provide an excellent overview in an
article they wrote for the VA Mag in 1979 (available via JSTOR at the
LVA or a local university) - it may speak primarily to probate during
the colonial period, but these practices persisted. 

- Harold B. Gill, Jr. and George M. Curtis, III. "Virginia's Colonial
Probate Policies and the Preconditions for Economic History." The
Virginia Magazine of History and Biography, Vol. 87, No. 1 (Jan., 1979),
pp. 68-73

Another good article is:
- Lee J. Alston and Morton Owen Schapiro. "Inheritance Laws Across
Colonies: Causes and Consequences." The Journal of Economic History,
Vol. 44, No. 2, The Tasks of Economic History (Jun., 1984), pp. 277-287.

Hope this helps,
John

-----Original Message-----
From: Research and writing about Virginia genealogy and family history.
[mailto:[log in to unmask]] On Behalf Of Vanessa Crews
Sent: Monday, February 14, 2011 10:20 PM
To: [log in to unmask]
Subject: [VA-ROOTS] 1825 estate appraisal

I'm transcribing an 1825 estate appraisal and sale in Powhatan County
Virginia. The deceased died without a will, leaving a wife and several
young children. Was the practice to settle with the widow
pre-appraisement or post-appraisement? This was a small estate but
included some nice pieces such as a walnut tea table, wine glasses and a
bedstead with furnishings? Was it customary to sell everything at a
public sale? This must have been painful for the widow to watch
neighbors and family snapping up her prized belongings.

I appreciate the kind assistance of this learned group.

Vanessa Crews

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