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From: "Don Zochert" <>
Subject: [APG] Assignment of dower rights
Date: Mon, 21 Jul 2003 12:26:47 -0500


I wonder if a list member can suggest an explanation or a course of research
for the following problem.

Agnes Martin appeared before a justice of the peace in Guernsey County,
Ohio, on 1 February 1811 and assigned to Isaac Martin, for value received,
"all my right of dower title and claim and interest in and to" a particular
parcel of land--let's call it Lot 37. (Agnes's name also is given as Nancy
Martin in the same document.) On 29 March 1829, Isaac Martin purchased Lot
37 from Josiah Hedges. There's no evidence that Isaac Martin had an interest
in Lot 37 prior to that date, and in fact the deed declares that Hedges had
purchased Lot 37 from one Samuel Spriggs. Isaac Martin sold Lot 37 six
months later, in September 1811, at which time his wife, who was examined
for *her* dower interest, was identified as Sally or Sarah--both names
given. There's no marriage record for Agnes and Isaac Martin, but there's
ample evidence that the association between Sarah and Isaac Martin lasted
for many more years--to the grave, in fact.

>From the fact that Agnes Martin had a dower right to relinquish, I assume it
would be safe to conclude it derived from her marriage to Isaac Martin, and
that in 1811 Isaac Martin was at some point between two wives, Agnes/Nancy
Martin and Sally/Sarah Martin. But Agnes's "right of dower title and claim
and interest in and to" Lot 37 also suggests she and Isaac Martin had some
sort of interest in Lot 37 *prior* to Isaac's purchase of that parcel. What
could that interest have been? How does Agnes's dower right in a piece of
property come into play as a transferable interest prior to her (presumed)
husband's purchase of that property?

Or am I missing something?

I'd sure appreciate any thoughts on this.


Don Zochert


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