In the 1670s in Virginia when a man died intestate, leaving a widow 
but no children, who got the 2/3 of his property remaining after her 
dower portion was released to her -- his living father or his eldest 
brother?

In the case I'm working, the eldest brother and widow's second 
husband went to court over distribution of the land. The elder 
brother got 2/3rds --  My question is: IF the father was still 
living, as most researchers think, why didn't the father get the 
deceased's land instead of "the father's son"?  Is the answer found 
within primogeniture?   Otherwise, did I need to search for more 
evidence "the guy we all think is the father" is really the father of 
these two -- or conversely look for evidence the father died before 
we think he did?

  Thanks in advance for your assistance.   Linda





Linda Sparks Starr    [log in to unmask]
http://homepages.rootsweb.com/~lksstarr 

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