Thank you for the very prompt replies. Must admit, I had no idea of just how interesting the subject could be. In my ignorance, I just threw out a date in my query, not realizing that it would make much difference. My reason for the query was to learn for future reference, just how much could be gleaned from the term, "heir-at-law." Thanks to your answers, I learned more than I had hoped.
For those interested in the actual case, the will was written in 1781 and challenged --successfully-- soon after it was presented in 1783, and the final settlement was made in 1805.
From Rockbridge Co Deed Bk. A: " An indenture between James Gilmore, heir at law of James Gilmore, deceased of the county of the one part, and Joseph Gilmore of the County of Rockbridge of the other part ... . (The deceased). . .did bequeath unto his sons Joseph and William the Plantation where he then lived . . . but through a mistake did not include the said Joseph & William's heirs and assigns which makes them only tenants for life. . . . Now the said James Gilmore by Virtue of the power ..... uppon (sic) him by being the heir at Law..."
The settlement in 1805 required the sons who inherited the plantation to pay £500 (for title to the land they had inherited) to the black-sheep son who had been left only £100 and excused from his debts.
Thanks everyone for the help.
Joanne
[log in to unmask] wrote:
In a message dated 7/14/2006 11:27:30 A.M. Eastern Standard Time, [log in to unmask] writes:
Friends,
In 1800 Virginia, did a man suing an estate as "the heir-at-law" mean he must have been the oldest son, or is the definition broader than that?
Joanne
Joanne and all,
This is an interesting question in that it makes me wonder whether, even after the abolishment of primogeniture, if the deceased died before primogeniture was abolished, would the laws of primogeniture apply to his estate settlement.
For hypothetical example, it is possible that the 1800 case cited, the man suing as "the heir-at-law" was born before primogeniture was abolished but just came of age (or decided to get his hands on the property), and the individual whose estate he is suing died also before it was abolished.
In this example, if the man suing had several siblings, would primogeniture still apply in estate settlement even in 1800.
Always another question..
Best Regards, Janet Hunter
__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
To subscribe, change options, or unsubscribe please see the instructions at
http://listlva.lib.va.us/archives/va-roots.html
|
