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    1. [SCMARLBO-L] Dower Rights
    2. Edna
    3. 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:mihartman@homexpressway.net] Sent: Wednesday, April 17, 2002 8:04 AM To: SCMARLBO-L@rootsweb.com 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

    04/17/2002 12:57:14
    1. RE: [SCMARLBO-L] Dower Rights
    2. Bushy Hartman
    3. 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:mihartman@homexpressway.net] Sent: Wednesday, April 17, 2002 8:04 AM To: SCMARLBO-L@rootsweb.com 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

    04/18/2002 12:06:30