A moiety is an undivided one-half interest in a property.  If there is 100
acres, both moiety holders own the whole 100 acres together as tenants in
common.  Each does not own 50 acres, but has a 50% interest in all 100.
The interest itself may be conveyed  by deed or will.  If the holders want
to physically divide the property,  they partition it.  If one wants to
hold his or her part physically separate from the other and the other
moiety holder does not, a partition suit ensues.

Legal terminology should generally be presumed to be used properly.  Thus
Elizabeth appears from the language of the deed to have a half interest in
400 acres.

The deed describes Elizabeth as the wife of Matthew Anderson.  The marriage
record (1772) says she was a daughter of Richard Anderson.  Who was
Matthew's father, and what was his relation to Elizabeth?

This deed was for 400 acres, not 40.  The deed states that the moiety was
willed by Charles Hudson deceased to Mary Johnson, "from whom the said
Eliz'h. heired it."   The use of the word "heired" indicates intestate
descent of the land, which was governed by statute.  The statute in effect
at the time of the death of Mary Johnson would govern who was eligible to
inherit.  Depending on heirs living at the time Mary Johnson died,
Elizabeth could have been a daughter, but also a sister or niece.

Charles Hudson's will, if it exists, would be a vital clue.  To whom was
the other moiety of the 400 acres devised?  The deed says "which said one
moiety of the above tract of land was willed by ..."   Thus the 400 acres
was devised in common to two devisees by Hudson's will.  Most entries for
Elizabeth Johnson list only her tithables, but in 1778 she reported 3
slaves, one overseer and 400 acres, on the list of Richard Anderson in St.
Martin's Parish.

Pouncey's will lists only six children of son Richard and wife Mary, none
of whom were Elizabeth.  You might consider whether Elizabeth, daughter of
Richard (per marriage record) was the daughter of another Richard
Anderson.  (And that the Mary who was daughter-in-law of Pouncey was not
Mary Johnson)










On Mon, Feb 7, 2022 at 7:05 AM Steve Craig <[log in to unmask]> wrote:

> I think it mean a half interest Vanessa. I am Holland and Hudson
> descendant so I have run  into Pouncey Anderson several times.
>
> Of course I’ll defer to the professionals on this thread.  A good resource
> is Bob’s Genealogy File Cabinet. He has a lot of good info on colonial
> Virginia legal and other stuff.
>
> Steve
>
> Sent from my iPhone.
>
> > On Feb 7, 2022, at 8:51 AM, Vanessa Crews <
> [log in to unmask]> wrote:
> >
> > I would appreciate this group’s help in understanding moiety and
> inheritance under Virginia law. I researched the meaning of moiety, but it
> still isn’t clear to me. Thank you for your help!
> >
> > Elizabeth Anderson (c1753-1834), of the below referenced deed was the
> daughter of Richard Anderson. I believe this deed proves her mother as Mary
> Johnson, daughter of Nicholas Johnson (1713-1766) and Elizabeth Hudson,
> daughter of Charles Hudson (1694-1748).
> >
> > Richard Anderson had six more children, all identified as children of
> Richard and Mary Anderson, by Pouncey Anderson’s (father of Richard) will.
> Should I assume these next six children are with a different Mary? Or could
> they have been part of the moiety sold by Elizabeth and Matthew? Deeds
> indicate Richard’s wife Mary was still living in 1777 when they sold
> property in Louisa Co VA.
> >
> > Louisa Co VA
> > DB K p 265
> > made 13 Aug 1804
> > rec 19 Sep 1805
> > to Thomas Dashper from Matthew and Elizabeth Anderson, Elizabeth (his
> wife) gave separate consent for the sale
> >
> > "one moiety of a certain tract of parcel of land....containing...40
> acres ...which said one moiety of the above tract of land was willed by
> Charles Hudson deceased to Mary Johnson, from whom the said Eliz'h
> inherited it “
> >
> >
> > __________________________
> > Vanessa Crews
> > [log in to unmask]
> > 15 Alice Place, Orinda CA 94563
> > 925-209-6386
> >
> >
> >
> >
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