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September 2004

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Fri, 10 Sep 2004 19:39:44 -0500
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I would hope that you can get a better and more complete answer, but
since several hours have now transpired with no response, I think I
can answer a few of the questions...

"Was a dower automatic to the new wife upon her marriage,"

Yes, in those states that were so-called "dower states" (see below)

"and if so, did it apply to all of the husband's land/holdings upon
the event of marriage?"

Yes, I think so.

"Was this typical within specific regions or territories, or common
nationwide?"

Not all states were "dower rights states."  I do not have a listing of
those that were, and those that were not.  Most of the states I have
researched were, in fact, dower states -- including Virginia -- the
subject of this message board.  But some were not; the most notable
that comes to mind from my own experience and research was Georgia.
Plus, those states that were once under the Napoleonic Code, or
adopted it, had their own provisions -- these include, e.g., Louisiana
and Texas (who use "community property" rights instead of dower
rights).

"Obviously, a "relinquishment of dower" suggests the wife releases all
claims to land being sold.  However, would it have been necessary or
required that the woman sign said "relinquishment" upon the sale of
her husband's land?  To ask another way, would the lack of a signed
reliquishment signify that a man was single, or would the lack of the
document be meaningless?"

Technically, selling property without dower release in "dower right"
states constituted a non-clear transfer of property, i.e., it could be
challenged in court.  But dower rights were not always recorded with
the deed, itself.  In many cases the dower release was recorded
separately in county court minutes.  And, unfortunately, particularly
out on the frontier, the county court clerk was either incompetent,
lazy, or neglectful (pick one) and simply did not bother to record
dower rights.  And I have seen several examples of transfer of land
without dower rights among members of the same family; apparently all
parties thought there would never be a court contest involving clear
title in these cases, and so did not go to the trouble (and expense?).

So, lack of dower right release, while it might tell you something
about probability, is not, by itself, hard proof that there was no
wife.  (I wish it were - it would make some of my family riddles
easier to solve.)

I hope that someone with better and more complete knowledge will
correct me, and/or add to the answer.

Lou Poole, Richardson, TX

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