Whenever there was/is evidence of conflict among the heirs in an intestate
estate, the court examines the credentials and standing of the potential
administrators/administrixes and makes the selection.  In fact, even in
testate estates the court has the power to accept or reject any person named
as representative in the will.  While for centuries, we have followed such
statutes concerning administrations and descent and distribution, there have
been many, many rejections by courts for good cause shown.  That applies to
any and all estates. You may be near certain that the appointment took place
by order of the court, her relationship to the dead person having been well
considered. 

Paul 
****


Subject: Re: [VA-ROOTS] Can a step-mother be the administratrix in Virginia
circa 1760?

A law passed by the Virginia General Assembly in October 1748 appears to
have been in force at the time of the estate you describe.  [Hening's
Statutes, vol. 5, p. 454-467, "An Act directing the manner of granting
probats of Wills, and Administration of Intestates Estates."]

Page 458 lists the order that persons should be appointed to administer an
estate:  "...administration of the estate of every person dying intestate
... shall be granted in manner following:  First to the husband or wife of
the deceased, and if none such, or if they refuse, then secondly, to the
child or children, or their legal representatives, and if none such appear
or claim, then thirdly, to the father or mother, or if none such, then
fourthly, to the brothers and sisters, and if none such, then to the next of
kindred to the deceased persons ..." 

If the daughter in question had no husband, no child, and no father, then
her mother would have been next in line to administer her estate.
If her mother was not alive, then it would have gone to her siblings and
then to next of kin (e.g. an uncle or cousin).  If you can determine that an
uncle or cousin existed who was not offered the job, then it is likely that
the administratrix was the woman's natural mother.  

But if the estate being administered was still her father's estate (and had
not been fully probated by the time of the daughter's death) then the widow
of that man should have been the administratrix, whether or not she was the
daughter's mother. 

Simple? 

Donald L. Wilson, Virginiana Librarian,
Ruth E. Lloyd Information Center
  

Date:    
Question: Were there any inheritance laws which prevented a step-mother =
from becoming the administratrix of a step-daughter? Or can I reasonably =
conclude that she would have been the daughter's mother?


No virus found in this outgoing message.
Checked by AVG Free Edition. 
Version: 7.5.503 / Virus Database: 269.17.0/1180 - Release Date: 12/10/2007
2:51 PM
 

To subscribe, change options, or unsubscribe, please see the instructions at
http://listlva.lib.va.us/archives/va-roots.html