This week let's take a look at Primogeniture, Coverture, Dower and
Intestate. I would appreciate your comments.

 

Primogeniture - Latin for "first born." A rule from feudal England  carried
over into English Common Law that the oldest son would inherit the entire
estate of his parents or nearest ancestor. If there was no male heir, the
daughters would receive the property in equal shares. The intent was to
preserve larger properties from being broken into small holdings, which
would weaken the power of nobles.

 

Coverture - Under English Common Law, the inclusion of a woman in the legal
person of her husband upon marriage and, as such, under his protection and
authority. Because of coverture, married women did not have the legal
capacity to own their own property or contract on their own behalf.

 

Dower - Interest in a part of her dead husband's estate allotted by English
Common Law to the wife for use in her lifetime. Since Common Law provided
for Primogeniture, the eldest son inherited all the father's real property
except the 1/3 of land and property the wife was legally entitled during her
life-time. The law of Primogeniture was replaced in Virginia by Governor
Thomas Jefferson in 1776 with estate rules that allocated the land more
evenly with 1/3 to the wife and the remainder to be divided equally among
the sons, if the father died intestate.

 

Intestate - A person who dies without making a valid will. A probate court
will then determine the distribution of the deceased's assets according to
prevailing law. "he died intestate"; "intestate property".

 


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