TIP#238 - LAND LAWS OF EARLY KENTUCKY According to an act passed 19 December 1792 which was to take effect on the following March, the following land rules were enacted. If an individual owned land within the State of Kentucky, but was not a resident - whether he was sole owner or owned the land in connection with others, and had no intention of having the land divided, nor appointed anyone to divide the lands within one year from the above date; the county courts could step in. The court was to appoint six commissioners in each county, and when called upon, any two of them to go out on the lands in question. They had to make a return to the court and make division of the lands. They were paid six shillings for their work. On 20 December 1794 (effective from passage date), the law stated that "where lands are held in conjunction by citizens of this state, and either party may refuse, when called on for that purpose, to divide the same, it shall and may be lawful for the other to proceed in the same manner to obtain such division, as is by the above recited act directed, where one of the parties reside out of this state; and when either party shall be an infant or feme covert, it shall and may be lawful for the guardian of such infant or infants, or the husband of such feme covert, to make a division of any land or lands held in conjunction by such infant or feme covert, with any other person or persons; and all such divisions shall be recorded in the county where the land so divided may lie." It is also added that if the person or persons "holding lands in conjunction with such infants or feme covert, do not attend to have such division made, by themselves or agents; or if the guardian of such infant or infants, or husband of such feme covert, when called upon by the other party, shall refuse to attend; in either case, the party requiring such division, may proceed in like manner as is directed by the before cited act." To protect the married woman (the feme covert), a provision was added that nothing in the above was meant to prevent any feme covert (or infant) from having a re-division within a year of the division if they appear at the court and could prove fraud. March 1st 1797 saw the passage of an act reference a person who has died who had already executed a bond to convey land. If a person died intestate and left heirs, or if any of them were infants, or if he had left a will, and didn't name anyone as an executor (or any other fit person) to make deeds of conveyance or transfer or make assignments - it was lawful for the county court of the county in which he died, on application of the guardian or guardians of any infants (in conjunction with other heirs of the decedant) to execute the forms. Three commissioners were appointed, over the age of 21, who had full power and authority to convey the tract or parcel of land or to assign any plat or certificate of survey. They were binding on the heirs as if the decedent had made them. There was a proviso that this was not meant as a means to prevent infant representatives of such decedent from instituting suits to recovery any lands or a compensation from any damages. On December 16th 1802, an act was passed, enforceable from the passage date dealing with how lands that were held by residents and non-residents were handled. "Persons having claims to lands in this commonweath undivided, as locators, or by bond or other instrument of writings, as well residents as non-residents, feme coverts or infants, may have the same divided by any two of the six commissioners appointed by the court, ... and such commissioners shall convey to the person or persons having the equitable claim, the part to which they may be entitled, to be recorded in the clerk's office, in the county where the lands shall lie, together with the bond or instrument of writing, agreeable to which the division was made, to be recorded with the deed; which deed of conveyance shall effectually vest the legal title in such person." January 26, 1811: "When a person had a title to any real estate of inheritance, shall die intestate, as to such estate, and the same shall descend and pass in parcenary, to the heirs of said intestate, unincumbered by claim of dower, that the county court of the county where the intestate may die, or where the estate so descended, or any part thereof, lies, may, on the application of the said heirs, or any one of them, appoint three fit persons commissioners, to make partition of all the real estate so descended, amongst said parceners; and thereupon the said commissioners, being first duly sworn before some justice of the peace, faithfully to perform said duty, shall proceed with all convenient dispatch, to lay off by metes and bounds, or in any other proper manner, the proportion of each parcener according to right and justice, and make report of their proceedings in the premises to such court; and if no exception is sustained to the said report, the said commissioners shall be empowered by such court, to convey to each parcener in fee simple, the land or lands allotted to such parcener in said report; and such partition and conveyance, shall be as valid and effectual as if the same had been made in any manner now authorised by law." Special arrangements were made again for infants and feme coverts that they would not be defrauded. Also, if the estate was incumbered by a dower claim, that, as well of the residue of such estate, after assignment of the dower, was to be partitioned and conveyed. Slaves were allowed to be divided among the heirs of an intestate, pursuant to all the rules above. To be continued. (c) Copyright 6 April 1999, Sandra K. Gorin, All Rights Reserved. sgorin@glasgow-ky.com Col. Sandi Gorin 205 Clements,Glasgow, KY 42141 (502) 651-9114 PUBLISHING: http://members.delphi.com/gorin1/index.html SCKY: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/BarrenObits TIPS: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/Tips KYBIOS: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/Bios ARCHIVES: http://searches.rootsweb.com/cgi-bin/listsearch.pl BARREN CO WEB PAGE: http://ww4.choice.net/~jimphp/barrenco/