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 > > To subscribe, change options, or unsubscribe, please see the > instructions at http://listlva.lib.va.us/archives/va-roots.html > > To subscribe, change options, or unsubscribe, please see the instructions at > http://listlva.lib.va.us/archives/va-roots.html To subscribe, change options, or unsubscribe, please see the instructions at http://listlva.lib.va.us/archives/va-roots.html