Renee, Paul, Eric and everybody! Thank you so much for all answering. Well, I believe I have my answer, and it is that IF Davenport Kennedy were an illegitimate son of Charles Kennedy, he would not have had legal standing/rights as an heir in subsequent disputes over the distribution of estate property. As I said in my initial query we HAVE done item 2 in Renee's suggestions below, and identified the time period as 1783 in Hanover Co. VA. We have only recently received copies of all the documents in the two chancery court records, and Davenport Kennedy is not involved at all nor mentioned, nor are his heirs mentioned as Davenport was deceased by then (and they are identified in their own chancery court case, and Davenport had an estate no much smaller than Charles). Further, three sons not mentioned in Charles Kennedy's will are clearly involved as sons in the chancery suits (2), and they were also identified as sons in a brother's will (Garrett Kennedy 1796, Louisa Co). One of the suits revolves around the fact that that brother's widow (no children) should return slaves of his father Charles Kennedy that her husband had been using but did not own, as well as their increase, to the estate as they were not lawfully hers, but the estates. (Sorry Paul, this makes the total number of sons six.). I also would posit, separately that the involvement in the chancery court case of the three brothers not named in their Charles Kennedy's will, but identified in their brother's will, bears out my interpretation of two clauses in the will which boil down to all my remaining estate is to be divided amongst all my surviving children. And this included also one more daughter, not identified in the will, but sharing in the chancery case. Charles Kennedy identified only one daughter, Anne wife of William Wash, but uses the phrase "daughters" in the will. There is no list of children, nor reference such as "above named". Hence, all six sons and two daughters were involved in the chancery case, and obviously understood whatever reason they had not been named in the will, the possibilities of which have been outlined here earlier. I personally think that children weren't named in wills more times than the impression has been given here, and the primary reason being that they had already received their portion, and the lawyer or other person writing the will did not incorporate any clause to that effect. It also seems to occur frequently when there are many children with a wide age span, or two separate sets of children by two wives, with more concern over the fate of the youngest set. The background on my initial query is trying to figure out the relationship between three Kennedy's found in Louisa and Spotsylvania Co. Records (and who undoubtedly were in Hanover Co. records but they are gone) in the mid-1700s -- Patrick, Davenport & Charles. They are all in records together or with in-laws, same gang (Davenports mostly), etc. Because Charles Kennedy is married to Crotia/Croshe Davenport, it was for a long time felt that Davenport was a son of Charles, illegitimate or perhaps by a first marriage because otherwise Croshe would have been bearing children for something like 39 years. Because records indicate Davenport is probably much younger than Charles it was for along time assumed that he was a son. However, the uncovering of the Hanover will (in a burned counties mirofilm, and it also appears in the Chancery Court papers), and the chancery court cases, this is being rethought. I personally think after all of this he is probably a younger brother/cousin, however the answers undoubtedly went up in smoke in Hanover County (or King William, King & Queen, etc.). Footnote: Davenport and Charles Kennedy are identified as neighbors in John Pettus 1770 will in Louisa Co.VA. I have read all the emails sequentially, and can't remember who raised the question of bastards in intestate cases. However, I am very familiar with a case involving Samuel Bentley's estate in Nottoway Co., formerly Amelia Co. He had a daughter, Sarah, to whom he gave land, and was her security in a bastardy case. When he died 1794, she was in Georgia, but still owned the land in Nottoway in the mid 1800s (1800-1810). He died intestate, and his chancery case involves his legitimate siblings, but not Sarah or her children. The case is quite complicated because a father and son died within months of each other, so there were many minors, and apparently lots of hard feelings amongst the eldest grandson (Samuel Bentley III) because the land was divided up. The only record we have of this is the Nottoway Court Orders, however. Finally, we owe a great debt to the Library of Virginia's Chancery Court Case website. While one of the researchers found almost by chance the will of Charles Kennedy in the burned counties microfilm (I think it was a microfilm), we tracked down the chancery cases at the LVA's database, which I heartily recommend everyone study. It also mentions that there was a will involved that is on file. I only wish you could search the whole state in one fell swoop, and not have to do several searches by region. Here is the website: http://www.lva.lib.va.us/whatwehave/local/chancery/index.htm With my best regards, Janet (Baugh) Hunter In a message dated 1/29/2004 8:46:09 AM Pacific Standard Time, [log in to unmask] writes: > So...the answer to Janet's question is...we don't know because we still > don't have enough information. Given the little bit that we do know, I > would assume that her Davenport fit one of the three categories listed > and not illegitimacy. To learn more, Janet is going to have to do two > things: > 1.) Find exactly what laws applied at the time and in the jurisdiction > 2.) Hire a researcher who can go to Louisa Co courthouse and get > permission to search for the actual case papers and to copy everything > that relates to the case: docket, jackets, pleadings (complaints and > answers), depositions, testimony...anything, to see if they shed further > light on the case. > > Boy, I hopes this helps and doesn't just make things murkier! > > Renee L. Dauven > To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-roots.html