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From: Elizabeth Banas <>
Subject: Re: [TGF] Deed of Trust for personal property
Date: Thu, 17 Nov 2011 19:57:23 -0500
References: <000c01cca579$236773b0$6a365b10$@cox.net>, ,<4EC5975E.8090504@carolina.rr.com>,<BLU149-W29CC661CCE8450EC0E0685DEC70@phx.gbl>,<000301cca588$eebc12a0$cc3437e0$@cox.net>
In-Reply-To: <000301cca588$eebc12a0$cc3437e0$@cox.net>


I would suggest that you make a trip to the probate court in that county to conduct a search for a probate file. If the court is not local, you can always call and request a search. The probate file will contain an inventory of her estate. It will also contain a copy of the will, if she died testate. Good luck!

Elizabeth Banas

E.A.Banas Genealogy Services
Family History and Research
eabanasgenealogyservices.com




> From:
> To:
> Date: Thu, 17 Nov 2011 19:28:02 -0500
> Subject: Re: [TGF] Deed of Trust for personal property
>
> Thanks for your answers. The Deed was executed in 1861. The daughter dies
> sometime before 1865. There is no mention of her in the father's will or
> brother's will. She also had no living children - at least I haven't found
> any yet.
>
> -----Original Message-----
> From:
> [mailto:] On Behalf Of
> Elizabeth Banas
> Sent: Thursday, November 17, 2011 6:49 PM
> To: TGF
> Subject: Re: [TGF] Deed of Trust for personal property
>
>
> A probate record, if one exists, would provide some definitive answers.
>
> Elizabeth Banas
>
> E.A.Banas Genealogy Services
> Family History and Research
> eabanasgenealogyservices.com
>
> > Date: Thu, 17 Nov 2011 18:23:10 -0500
> > From:
> > To:
> > CC:
> > Subject: Re: [TGF] Deed of Trust for personal property
> >
> > Hi Mary,
> >
> > You didn't give the date or place of the transaction, but the typical
> > reason a father puts assets into a trust for his daughter is to assure
> > that they benefit her rather than her husband. Upon marriage, a
> > woman's assets fell under control of her husband. If her assets were
> > in a trust, the husband could not sell them or use them as collateral
> > on his debts without the wife's agreement and the agreement of the
> trustee.
> >
> > According to your description, the father appointed his son as trustee
> > of the assets, but there would be no reason for another instrument to
> > be executed upon the daughter's death. The assets belonged to the
> > daughter, and her father's trust gave her the ultimate authority about
> > what happened to those assets. She could slaughter the animals and eat
> > them or sell them, keep the furniture and tableware in her house or
> > give them as gifts to her children (or anyone of her choice)
> > independent of her husband.
> >
> > By the time the daughter died, the animals likely were already "used
> > up." Unless she made a will bequeathing the specific furniture or
> > tableware received from her father, you may not ever see other
> > references to them. If the daughter's husband predeceased her, his
> > estate inventory might list assets belonging to his wife to clarify
> > that they were separate and apart from his estate. I have seen this
> > when the wife inherited valuable furniture and silverware in her own
> > name from her father.
> >
> > The personal property the father gave his daughter does not revert
> > back to him upon her death unless some clause in the trust agreement
> > stipulates that circumstance. If the property still exists when the
> > daughter dies, it is part of her estate.
> >
> > Hope this helps a bit.
> >
> > Kathy
> >
> > Mary Vidlak wrote:
> > > I have a document labeled as a Deed of Trust that has nothing to do
> > > with land and I can't find anything in my reference books which explains
> it.
> > > The father grants property to his son who is the Trustee. The
> > > property includes animals, furniture, table wear. It is in trust
> > > for the benefit of the married daughter/sister. Will someone tell
> > > me more about this. Would there be a subsequent deed filed after
> > > the death of the daughter? Or would the property just revert back
> > > to the father? I'm trying to determine when the daughter died - so
> > > all I know is she is alive when this Deed was executed.
> > >
> > > Does the fact that there is a notation on the side of the Deed dated
> > > several months after it was recorded which states ". original
> > > delivered to [the trustee] [with another word which I cannot read
> > > but which looks like "orator"}" mean anything? Or is it exactly
> > > what it says - that the original of the Deed was given to the son
> > > serving as Trustee and tells me nothing to help determine when the
> daughter died?
> > >
> > >
> > > Thanks.
> > >
> > > Mary
> > >
> >
> > The Transitional Genealogists List was created to provide a supportive
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>
> The Transitional Genealogists List was created to provide a supportive
> environment for genealogists to learn best practices as they transition to
> professional level work. Please respect the kind intentions of this list.
> -------------------------------
> To unsubscribe from the list, please send an email to
> with the word
> 'unsubscribe' without the quotes in the subject and the body of the message
>
> The Transitional Genealogists List was created to provide a supportive environment for genealogists to learn best practices as they transition to professional level work. Please respect the kind intentions of this list.
> -------------------------------
> To unsubscribe from the list, please send an email to with the word 'unsubscribe' without the quotes in the subject and the body of the message


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