Thank you Mr.Metz and Mr. Moore for your kind help.

Vanessa



On Feb 15, 2011, at 6:49 AM, Metz, John (LVA) wrote:

> Ms. Crews,
> 
> I assume from the information you provide that the decedent died
> intestate.  While probate in Virginia could become quite complex
> depending upon conditions like debt, value of the estate, number of
> heirs, and a host of other issues, the general procedure would be that
> the widow would petition for her share as provided under state law (I am
> more familiar with Georgia, but I seem to recall that Virginia
> recognized a widow's dower which was typically a third of the estate),
> and appraisements were almost always performed in advance of
> distribution of assets to the widow and minors.  Quite simply, they had
> to know what the estate was worth before they distributed or liquidated
> the assets, especially if there were outstanding debts or other
> financial obligations that would allow creditors to lay claim to the
> estate.  
> 
> Sales were also common, especially in cases of intestacy, multiple
> heirs, disputed wills, debts, etc. where it was possible to translate
> the possessions into real money and then distribute that money equitably
> among the heirs or claimants. That said, widows could receive their
> distribution in assets prior to sale, they could wait until the
> completion of the sale to receive cash, or there might be a combination
> of pre- and post-sale distribution.  VA probate was carried out in the
> chancery courts, so you might be able to find additional documents
> relating to the settlment of this estate through the Library of
> Virginia's Chancery Records Index avaliable online through the LVA
> website.  You can search by locality and by name to find digitized
> copies of related documents.  
> 
> Harold Gill and George Curtis provide an excellent overview in an
> article they wrote for the VA Mag in 1979 (available via JSTOR at the
> LVA or a local university) - it may speak primarily to probate during
> the colonial period, but these practices persisted. 
> 
> - Harold B. Gill, Jr. and George M. Curtis, III. "Virginia's Colonial
> Probate Policies and the Preconditions for Economic History." The
> Virginia Magazine of History and Biography, Vol. 87, No. 1 (Jan., 1979),
> pp. 68-73
> 
> Another good article is:
> - Lee J. Alston and Morton Owen Schapiro. "Inheritance Laws Across
> Colonies: Causes and Consequences." The Journal of Economic History,
> Vol. 44, No. 2, The Tasks of Economic History (Jun., 1984), pp. 277-287.
> 
> Hope this helps,
> John
> 
> -----Original Message-----
> From: Research and writing about Virginia genealogy and family history.
> [mailto:[log in to unmask]] On Behalf Of Vanessa Crews
> Sent: Monday, February 14, 2011 10:20 PM
> To: [log in to unmask]
> Subject: [VA-ROOTS] 1825 estate appraisal
> 
> I'm transcribing an 1825 estate appraisal and sale in Powhatan County
> Virginia. The deceased died without a will, leaving a wife and several
> young children. Was the practice to settle with the widow
> pre-appraisement or post-appraisement? This was a small estate but
> included some nice pieces such as a walnut tea table, wine glasses and a
> bedstead with furnishings? Was it customary to sell everything at a
> public sale? This must have been painful for the widow to watch
> neighbors and family snapping up her prized belongings.
> 
> I appreciate the kind assistance of this learned group.
> 
> Vanessa Crews
> 
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