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From: Barbara de Mare <>
Subject: Re: [APG] Tricky Deed detail
Date: Mon, 26 May 2008 12:30:36 -0700 (PDT)


Thanks for reviewing the basic facts. I think some have become garbled along the way.

So by the time of the deed, the dower rights of Israel Jr.'s wife had terminated. The two deceased children both survived him, so their wills would control the disposition of their shares. As the only child who predeceased left no issue, predeceased children are not an issue. In intestacy it is a straight matter of how many children survived him, which if I understand correctly is 7. Thus each survivor gets 1/7th. The seventh share for daughter Marcy goes to her son William unless she left a will specifying otherwise. The one-seventh share for son Israel III gets divided as set forth in the will of the said Israel III. The total number of shares should be divisible by 7 if this property represents the total value of the estate.

The logical number of total shares is 42. The five children surviving on the date of the deed each get 6/42, or 1/7. The daughter who died leaving one son was also entitled to 6/42, or 1/7th, which goes to her sole heir. Israel III was also entitled to 6/42, but as he had died by the date of distribution, his 6/42 gets divided according to his will. Assuming he left his wife 1/3, she would get 2/42, and the named children 4/42s combined. This would indicate 4 children inherited from him--otherwise 21st would have been a sufficient divisor. It could also mean he left his wife half--3/42nds, and the other daughters a total of half, or 1/42nd each. That would require the divisor of 42nds.

Of course this is ignoring the fact that the deed was instead divided into 44ths. For those of you who think Israel Jr. died intestate and that there was a clerical error, this is a sensible solution: the error was in using 44ths instead of 42nds.

It should be pointed out that deeds in this part of the world were in percentages, not decimals.

Barbara


Barbara L. de Mare, Esq.
Attorney, historian, genealogist, grandmother
155 Polifly Road
Hackensack, New Jersey 07601

(201) 567-9440 office
http://historygenealogyesq.blogspot.com/





----- Original Message ----
From: Kimmitt Genealogical Research <>
To:
Sent: Monday, May 26, 2008 9:42:42 AM
Subject: [APG] Tricky Deed detail

In light of Elizabeth's recent question about peer review, etc., in
case there is any question, the "tricky deed" will *not* be used in my
certification submission. I mentioned certification because I was
trying to hint that I shouldn't spend too much time on the deed now
because is taking my attention away from my CG submission.

I originally was looking at it for a DAR application, to straighten
out dates of deaths of the three Israels, who all died within 15 years
of one another and who were inconsistently referred to as Capt, and
Esq. and Jr. When I say I need to get back to my certification work, I
mean something *other* than the Vinals.

To refresh memories--

FAMILY UNIT
Israel Vinal Jr. and Marcy Cushing had children
Israel III
William
Nathaniel
Robert, died young
Marcy
Elizabeth
Deborah
Lemuel


CHRONOLOGY
Israel Vinal Jr. died in 1794. Without another courthouse visit, I
can't be 100%, but I'm 90% sure he died intestate.

Israel Jr.'s daughter Marcy and her husband both died in 1797, leaving
one son, William Vinal Lincoln.

Israel Jr.'s son, Israel III, died in 1804, leaving a will for widow
Lydia and 3 daughters (Sally, Sophia and Lydia. Daughter Rebecca was
written out). Only two of these daughters are mentioned in the deed:
Sally by second wife Sally, & Sophia by first wife Rebecca. I don't
know what became of Israel III's daughter Lydia, aka Lydia 2nd.

Israel Jr.'s widow Marcy died in 1806.

The deed was executed in 1808.

Many genealogists still scratching heads in 2008.

Hope that helps! Thanks for all of your help.

Thanks for all the attention to this!

Polly Kimmitt







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