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Archiver > NCROOTS > 2000-03 > 0952131894


From: Donna Hull <>
Subject: [NCROOTS] Woman's name on deeds of sale
Date: Fri, 03 Mar 2000 17:04:54 -0800


William--

In VA & NC & possibly some of the other colonies, a woman owned 1/3 of
what her husband had. She had to be separately questioned to see if
she realized what the transaction was, & then sign. When a man died,
if he didn't leave her what would have been at least a third of his
estate, she could refuse & by law take her dower, which is what the
third was called.
I had a woman ancestor who refused her inheritance in place of taking
her dower & that was done in court.

Her signature, nor any buyer's signature is necessary to buy
property. In VA they usually had a separate part below the deed where
the county clerk certifies that she was privately questioned.

In VA & I imagine other colonies as well, they avoided a stiff tax on
land sales by leasing the land one day maybe for 1 pound, then selling
the next day for 200 pounds or whatever. The tax was imposed on sales
made to someone not living/using on the property. So, leasing it one
day satisfied that requirement & they didn't have to pay the tax.

It is called Lease & Release. The Lease is written almost exactly
like the Release (Deed) in wording & if they weren't on adjacent pages
you might think it was a deed.

This information was given at a seminar which I have a tape of. I do
not have the date or place of the seminar.

Donna
--


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I'm Ancestrally Challenged!!
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