He could have married late and had a child then. So the child did not necessarily have to be 5 or less years old. You would have to look up Virginia law in effect at the time to determine what the provisions are. It must have been more advantageous to the widow to rely on provisions in the law than to accept the will. Nothing prevents her from renouncing the will. Perhaps the will made no provision for the upbringing and care of the child, assuming it was a minor.

___________________
Donald W. Moore
Virginia Beach, Virginia

On January 5, 2015 at 11:58:05 am, [log in to unmask] ([log in to unmask]) wrote:


in norfolk 
in 1820 
in a will 
the gentleman Jones left everything to his wife lydia and then after her 
decease to their son 
he (jones) had to be young- as people had to vouch he was over 21 in 
court and was old enough to write a will and so the child had to be 5 or less? 
the wife told the court she did not want anything and was going to rely 
upon "the provisions of the act of assembly in such case made and provided" 
my question is: what is the provisions act of assembly? 
and doesn't the mother need to accept the will so that she may care for 
the child? 
thanks 
Kristina 

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