Don, she said people had to come to court and testify he was old enough to write a will. He was probably not yet twenty. I’m not sure about laws in 1820, but in the colonial era minors over age 14 could write wills as long as they did not convey real property. I am dubious that he owned in real estate, since none was mentioned in his will. If by chance he did, and he did not mention it in his will, the widow was entitled to a 1/3 life estate in that land. I suspect the wife is also very young, and would soon be looking for a new husband. It makes perfect sense she would renounce the will to have a little something to bring to the new marriage.

Craig Kilby
Kilby Research Services
www.craigkilby.com






> On Jan 5, 2015, at 2:07 PM, Donald W. Moore <[log in to unmask]> wrote:
> 
> He could have married late and had a child then. So the child did not necessarily have to be 5 or less years old. You would have to look up Virginia law in effect at the time to determine what the provisions are. It must have been more advantageous to the widow to rely on provisions in the law than to accept the will. Nothing prevents her from renouncing the will. Perhaps the will made no provision for the upbringing and care of the child, assuming it was a minor.
> 
> ___________________
> Donald W. Moore
> Virginia Beach, Virginia
> 
> On January 5, 2015 at 11:58:05 am, [log in to unmask] ([log in to unmask]) wrote:
> 
> 
> in norfolk 
> in 1820 
> in a will 
> the gentleman Jones left everything to his wife lydia and then after her 
> decease to their son 
> he (jones) had to be young- as people had to vouch he was over 21 in 
> court and was old enough to write a will and so the child had to be 5 or less? 
> the wife told the court she did not want anything and was going to rely 
> upon "the provisions of the act of assembly in such case made and provided" 
> my question is: what is the provisions act of assembly? 
> and doesn't the mother need to accept the will so that she may care for 
> the child? 
> thanks 
> Kristina 
> 
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