Can anyone clarify for me the law regarding sale of land brought to a
marriage by the wife?

In 1650 George Pace of Charles City County sold "800 or 900 acres" to
Thomas Drewe.  George Pace died by 1655, when his son Richard chose
William Baugh as his guardian.  In Feb 1659/60, still a year short of
his majority, Richard Pace confirmed the sale of the land to Drew with
the following words:

"Know all mean by these presents, and witnesse that I Richd Pace sonne
and heire apparent of mr Geo Pace of the Com of Charles Citty att Mount
March in Virginia, and sonn and heire as the first issue by my mother
Mrs. Sara Macocke wife unto my aforesd father (being both
dec'd)"...dated 25 February 1658/9, Virginia Colonial Abstracts p214

My question is: can we conclude that the land being sold was land which
was brought to the marriage by the wife, and which therefore required
agreement either from the wife or (if she was dead) from the heir?  Is
this why the sale had to be confirmed by Richard Pace?

It would be useful if we could be sure that that was the law, because
then we could conclude (a) that the land being sold was land brought to
the marriage by the wife; and (b) that she was dead by 1650.

Any comments appreciated.

James Blair



       
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