[APG Public List] Age 21 as legal mandate for sale of land in
CL Swope (alfonsa)
alfonsa at cynthiaswope.com
Sun Oct 25 15:09:18 MDT 2009
Wow, Barbara. That's the mother load. Thank you!
It raises a follow up for my general edification:
Am I to understand that your last sentence "Unless the family went to
court and the court ordered a division, an intestate estate could not be
divided until the youngest heir (whether a child, or a child of a
deceased child) came of age " is true throughout Virginia history in
regards to an intestate estate?
Barbara Vines Little, CG wrote:
> You are correct and the most likely explanation for the date of the
> sale is his having reached majority. While a sale could be made by one
> under age 21, it was not legally binding. There are instances of
> individuals who sold land before they came of age, coming into court
> when they reached their majority and reaffirming the sale.
> If the mother's date of death could not be determined, then, as Craig
> notes, her dower interest could be a consideration. The children
> could sell the land subject to her dower; she could join in the sale
> and release her dower or the children could wait until she died and
> they had clear title to the land and then sell it.
> When there is a gap between the death of the father and the sale of
> the land, an underage child or a long-lived widow is the usual cause.
> Unless the family went to court and the court ordered a division, an
> intestate estate could not be divided until the youngest heir (whether
> a child, or a child of a deceased child) came of age.
> Barbara Vines Little, CG
> Dominion Research Services
> PO Box 1273
> Orange, VA 22960
> 540-832-3473 bvlittle at earthlink.net
> CG, Certified Genealogist, is a service mark of the Board for
> Certification of Genealogists, used
> under license by board-certified genealogists after periodic
> evaluation; the board name is
> registered in the US Patent & Trademark Office.
> CL Swope (alfonsa) wrote:
>> The date of birth of my target is said to be Jan 1793, and he is said
>> the youngest of the sibling group. His only brother died in the
>> early 1800s.
>> In April of 1814 the target and his four sisters advertised their
>> inherited land (Virginia) for sale, and in May of that year sold it.
>> By this time, my target was 'of Pennsylvania', but his siblings, and
>> the land, were in Virginia.
>> I suspect the sibling group waited until 1814 to sell as he had just
>> turned 21 and that the decision to sell at that time supports the
>> reported (and so far unverifiable) birth year as well as his position
>> as youngest in the sibling group.
>> Am I correct that there is a legal precedence for this assumption in
>> the time frame? Google Books turns up quite a few references to court
>> proceedings seeming to support my thought, but I'd like to be
>> certain. I can think of no other reason the sibling group would have
>> waited, and the coincidence of age seems a strong indicator to me. Am
>> I in error?
>> Thanks in advance,
>> Cynthia Swope
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