VA-ROOTS Archives

May 2002

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Sender:
"Research and writing about Virginia genealogy and family history." <[log in to unmask]>
Date:
Sat, 18 May 2002 13:22:32 -0700
Reply-To:
Renee Dauven <[log in to unmask]>
Subject:
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From:
Renee Dauven <[log in to unmask]>
Comments:
To: Nel Hatcher <[log in to unmask]>
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Nel Hatcher wrote:

> But HB sent me the following:
> Hening, Statutes at Large..., vol. 5, pp. 444-448, for the
> Virginia Law "An Act for the distribution of Intestates estates."  That act
> states, in part, that one third goes to the wife and "all the residue in
> equal proportion to and amongst his children..." All the children were
> treated alike. The act I cited was the revision of the laws done in 1748. It
> is a
> restatement of the act of 1705 which said the same thing.
>
> So I'm still confused :-)


Nel,
        I think that part of the problem is that we may need to differentiate
between land and personal property.  Under primogeniture, the eldest son
received all the land but not necessarily all the personal property.
Personal property was handled in the manner suggested above.  I don't
remember, however, if the widow's share of personal property was
considered hers, in her own right, or not...meaning whether or not she
could sell it.

Renee

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