VA-ROOTS Archives

July 2006

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Subject:
From:
Paul Drake <[log in to unmask]>
Reply To:
Paul Drake <[log in to unmask]>
Date:
Sun, 16 Jul 2006 14:13:26 -0500
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Nel, Janet and others; let's walk through the problem:

No matter how GSon got the land, by legacy, purchase, or otherwise, at the moment of his death the land became part of his estate.

Then, at the death of that grandson intestate and with no issue, the land would have gone to his mother, however since in the law at marriage the woman and man were one person and that one was the husband, title instantly passed to her new husband.  At the death of that Step-Father intestate, if Mom was still alive, title would have been a life estate to her, with remainder in her 2 other kids.

If she predeceased, husband #2, the land then would pass to their only direct descendant - Jameston - since he was the only child Anne had and her 2nd husband had none.

Notice that in 1850 women could own real estate and any other property, however again because of her 2nd marriage the land (but not the personal property) then would have been a joint tenancy between her and the new husband.  With the death of Anne, the land would have become the sole property of the new husband and a part of his estate.  His heirs would gain that land, whoever those people may have been, and to the exclusion of GSon.

I (and doubtless Nel) would welcome any other ideas.

Paul

  Paul,

  The family line was as follows:

  Grandfather Thos Knibb left a will with land going to 2 gsons. Thos Knibb's
  wife was Ann. His daughter was Ann Knibb Hatcher. The gson was Jameston
  Hatcher Jr, son of Ann Knibb Hatcher. Jameston Jr died intestate (as far as
  we know), leaving no wife or kids.

  So you have....
  Thomas/Ann Knibb
  ......dau Ann Knibb Hatcher (wife of Jameston Hatcher Sr)
  ............gson Jameston Hatcher Jr (died intestate leaving 100A inherited
  from gfather Thomas Knibb)

  Nel

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