Hi, Bill.  Your question brings to light a couple hidden factors that might
result in questions and difficulties.

Indeed, you were allowed without difficulty, legal or otherwise, to convey
property to girls of any age (and to boys) as you stated. Such a conveyance
brought with that deed no power for the girl to sell the land without
permission of the chancery court or from of a guardian appointed by that
judge.  

Those rules brought an additional problem; should that girl at 21 (or
marriage) decide that she did not like the deal she made (for any reason or
for NO reason), she had the right to demand that the land be conveyed back
to her from whomever then thought they owned it, and except in very rare
instances the buyer did not get the money back that he paid her.  Such rules
were often avoided by having a father or guardian join in the conveyances.


Remember that the rules of coverture were in the background of virtually all
real estate transfers.  How so?  The land, though conveyed to her in her own
name, in many States instantly became the property of her husband and only
he could sell or convey it to anybody or keep it as he saw fit.  

The law was rarely viewed as carved in stone and the whole of the
circumstances at the moment of conveyance might change the results.
Chancellors often followed the old view that "The court will do what should
have been done."  Some of the others on this list might have some further
examples of other problems resulting from conveyances to underage people.

Because of the rules and the variations within the facts, great caution
usually was exercised by buyers and sellers lest they be caught of having
paid for land yet did not own it.  In short, they dealt with kids at their
own risk, and were well advised to take no such chances. 

Paul   

  

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: [VA-ROOTS] Dower & Coverture

I have been told that a person had to be of a certain age to SELL land in 
Virginia in the early-1800s, but that there was apparently no age limit to 
OWN land at that time (or, if there was a limit, it was lower).  Is this 
correct?  I have a case where a man deeded land in Middlesex Co., VA in 1802

to a woman/girl, and it APPEARS that she was just a teenager at the time. 
This woman married in Middlesex Co., VA three years later in 1805, and the 
1810 census shows her in the home of her husband as age range 16-26.  A 
DIFFERENT/OLDER woman with the same name (Mary Bennett) could have been 
deeded that land in 1802, I suppose, but no such older woman with that name 
can be found in any records in Middlesex (and Mary Bennett's mother was 
named Winifred "Winnie" Bennett....not "Mary").  Comments?

Thanks,

Bill Davidson 

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