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Archiver > SCMARLBO > 2002-04 > 1019124390
From: Bushy Hartman <>
Subject: RE: [SCMARLBO-L] Dower Rights
Date: Thu, 18 Apr 2002 06:06:30 -0400
In-Reply-To: <NFBBJKCFAKFOPBNFKOFJAEKICCAA.ednaray@tstar.net>
Edna you're an absolute jewel! Thanks so much for the information and
especially on the book. I recently purchased one, "Professional Genealogy"
for the exact reason you sited. Unfortunately this book focuses on creating
a business out of Genealogy not dissecting the documents, not what the
excerpt from the web page lead me to believe. There is nothing more
frustrating than going through the effort to collect and transcribe
documents from each county your ancestors were living, and not possess the
ability to figure out the full extent of the information from those
documents. I was very lucky with the first family (Cox of VA) I worked with
a cousin who is an absolute genius in genealogy. This time I must figure it
out myself once I pass the point of previous researchers. Everyone is so
busy I cannot expect anything more. I just located the book on Ancestry.com
and sent in my order. It will be so liberating to gain the knowledge
required to succeed after the last frustrating three years of learning bits
and pieces.
Thanks so much to all
Bushy
There are a lot of really good reference books available to the family
researcher, and it often pays to purchase one or two. One really good book
is "The Source" edited and Loretto Dennis Szucs and Sandra Hargeaves
Luebking, published by Ancestry Incorporated. My copy was published in 1997.
On page 202 it states: "In non-community property states, a woman has a
dower right or life-estate in one-third of her husband's property. This
right must be legally recognized in all transactions, including transfers of
land. A man has the right of curtesy -- a life-estate in any property his
wife owned when they married or in any she inherits in her own right during
the marriage -- providing they have at least one living child who can
inherit from them. Otherwise, he has a right to one-third of her propety
only." This is only a small portion of the information from "The Source."
Edna
-----Original Message-----
From: Bushy Hartman [mailto:]
Sent: Wednesday, April 17, 2002 8:04 AM
To:
Subject: [SCMARLBO-L] ROLLO/BENNGFIELD?/SMITH/WILSON/ROBERTS/POTTER
Greetings all,
Last week I went to Marlboro in pursuit of some deeds that hopefully would
shed some light on my ROLLO line and also tell me what the maiden name of
John's wife Nice. What I have found it appears nearly every deed my husband
took a digital image of has the wife signing over dowery rights. How can
that be? Is there some type of dower laws at that time or in this region
that would require any man who was married to have his wife's okay before
selling land even if it wasn't part of the wife's dowery when they married?
Is there someone on the list able to shed some light on this topic? The
following is the deed in question and I feel if this land was in deed from
Nice's father or guardian it was a James Smith. If anyone has any thoughts
or knows about the Smith line I would love to hear from you. You can view
digital images of this deed and many others from Marlboro and surrounding
counties. I have included any documents I could find that had names relating
to ones in the documents of the Rollo's hoping they could provide some light
on the Rollo line.
I am also trying to determine the maiden name of Milley Rollo w/o William.
He also lived in Marlboro and there are two deeds on the web page for him.
The family moved to Sumter/Kershaw District (Depending where the line was at
the time.) where William died and John moves on to Montgomery, AL. Nice dies
and John remarries Floyd.
If you would like to put a link to the web page Victoria for the county page
that would be fine or if you wish to put copies of the transcriptions on the
county page that is fine also. We have more to do along with several
cemeteries we visited and took some photos of but sadly not the entire
cemeteries time was limited and it rained on Friday so we couldn't do it in
the evening. I'll contact you when we have the cemetery items organized and
can figure out how we want to do this.
It sure is a pretty little town with the nicest Historical District and very
friendly people, we look forward to another visit.
Okay here is the one deed that I am the most interested in and could use
some help.
Thanks so much Bushy.
John Rollo Deed to Robert D. Potter
Marlborough District, SC 1801
Conveyance Book F, pages 271, 272
THIS INDENTURE Made this 14th day of February in the Year of Our Lord one
thousand Eight Hundred and one Between John Rolls of Marlborough County in
the State of S Carolina of the one Part, and Robert D. Potter of the County
and State aforesaid of the other Part Witnesseth That the said John Rollo
for and inconsideration of the sum of Ten pounds Sterling Money to him in
hand paid by the said Robert [Robert was crossed out] Potter for and in
Consideration of the above Sum I do bargain and Sell a parcel or tract of
Land Situated in Marlborough County aforesaid and on the No. East Side of
Great Peedee River, and the head of Husbands __ near bever dam [Beaverdam]
Creek butting and bounding So East on Lands belonging to John Wilson and
Thomas Benngfield [last name unsure of spelling] No East on vacant Lands No
West on lands belonging to James Smith So West on lands belonging to James
Falconer containing one hundred and Forty acres more or less being a tract
of land Granted to James Smith aforesaid by a patent Bearing date the fifth
day of June one Thousand Seven Hundred and Eighty six.
And I do bind myself my heirs and afsigns to forever defend the right and
Title of said land, unto said Potter his heirs and afsigns
In Witness whereof I the said Rollo hath hereunto Set my hand and
Seal the
day and year first above Written.~
Signed Sealed & Delivered
In the Presants of
Solomon Roberts)
William Rolls )
John Rollo (signature)
Nice (her x mark) Rollo (Seal)
South Carolina )
Marlborough District)Before me John Wilson one of the Justices for the
District aforesaid Personally appeared Wm Rollo of the Diatrict aforesaid,
who being duly sworn on the Holy Evangelist Sayeth that he saw John Rollo &
Nice his wife Sign Seal an as their act and deed Deliver the within Deed of
Conveyance for the use of Robert D. Potter, & that he saw Solomon Roberts
sign his name as a Subscribing Witness with himself
Sworn before me this 13th March 1801.
Jno. Wilson } Recorded March 1802
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