If a man was married and his wife did not release her dower rights,
then the conveyance could be challenged in court at some future time,
i.e., the conveyance did not come with "clear title."  Nevertheless,
some deeds were executed without such a dower release and were never
challenged (this usually, I think, occurred when the sale was between
family members).

Sometimes the dower release was included with the deed.  As often as
not, I've found, and this depends upon the location and the practices
of the local officials, the dower release was separately recorded in
the County Court minutes.  And I can point you to several deeds that
were made in the early 1800s in Halifax County, Virginia, where the
dower rights release was not obtained until 10-12 years after the date
of the deed.

Bottom line, if dower rights were involved in a sale, it's highly
likely that the release was recorded somewhere.  But the where and
when of that recording can often be a challenge to find, if they can
be found at all.

Lou Poole

-----Original Message-----
From: Research and writing about Virginia genealogy and family
history. [mailto:[log in to unmask]] On Behalf Of Harold Gill
Sent: Friday, January 22, 2010 5:34 PM
To: [log in to unmask]
Subject: Re: [VA-ROOTS] late 1700's deeds

If John Krim sells land his wife must be included in the deed or she
must 
relinquish her dower rights. If John is buying land his wife's name
does not 
have to be included. She gets her dower rights anyhow.
HBG
----- Original Message ----- 
From: "Madaline Preston" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, January 22, 2010 3:06 PM
Subject: [VA-ROOTS] late 1700's deeds


> I'm working with deeds in the late 1700's - early 1800's in
Rockingham Co,
> VA.  Sometimes only John Krim is listed as grantor or grantee, other
times
> his wife, Juliann, is mentioned.
> Is there a policy/format that was followed or was writing deeds
strictly 
> at
> the whim of the clerk?
> Look forward to any thoughts you can share.
> M. Preston
>
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