Several companies (21) of the Henry County Militia under Colonel Abraham Penn to march into North Carolina to assist General Greene against Lord Cornwallis. Although they did not leave their home county until five days after the Battle of Guilford Courthouse. Most family histories seem to place the men in this historic battle, but I have come across the application by a widow for a pension for her husband among this group. He had earlier served two years in the Continental Line and then went with the Henry County militia. His widow stated in her pension application the he went to Greene "in the hallow of the Yadkin" for one month. Can anyone help me as to where the hallows of the Yadkin River would specifically be located? Thanks, Larry

Welcome to my newly upgraded web-site Home page for the Fairbanks and Piper people Currently contains 4,991 Individuals in 1,674 family groups Surnames are a skeleton from my database I would be pleased to answer e-mail Please tour and enjoy the visit www.casstel.net/~jagile/ Adams Alred/Allred Benson Collins Crater Darling Dawson Dugger Etter Fairbanks Farthing Fleming Gann Gile Hahn Holbrook Hughes Keller Kingery Lane Martin Modlin Montanye Myers Newby Newnom Otwell Owings Parks Piper Stuber Stewart Townsend Watson Wise Wood Jo Ann perhaps a Mo. Cousin

Catherine Alvis Knaub ----- Original Message ----- From: "Mary Izell Hodges" <mihodges@ualr.edu> To: <VA-SOUTHSIDE-L@rootsweb.com> Sent: Wednesday, July 18, 2001 10:16 AM Subject: [VA-SOUTHSIDE-L] Harwells in Brunswick > I would be grateful for any information on the Harwell family in Brunswick So. > Thank you. > > Please visit my web page at > www.angelcreekpress.com > > > ==== VA-SOUTHSIDE Mailing List ==== > VAGenWeb http://www.rootsweb.com/~vagenweb > > > ============================== > Visit Ancestry.com for a FREE 14-Day Trial and enjoy access to the #1 > Source for Family History Online. Go to: > http://www.ancestry.com/subscribe/subscribetrial1y.asp?sourcecode=F11HB >

I would be grateful for any information on the Harwell family in Brunswick So. Thank you. Please visit my web page at www.angelcreekpress.com

Hi all!! I'm originally from Mecklenburg County and lived there nearly all my life upset with the fact my family originated in Southwestern Virginia (Tazewell County.) Then I discovered that before moving to Tazewell Co., we were actually from CHARLOTTE COUNTY, just up U.S. 15 from Mecklenburg Co. Out of the 6 sons of our patriarch, one son moved to Tazewell (my gg-grandfather) and the rest either died young or moved to Tennessee except ONE SON who was the only one who stayed in Charlotte County. I'm looking for his descendants that are still in or around Charlotte County. His name was James Nash (son of Thomas Nash & Sarah Cole) born ca 1782. He married Jean Pugh on Nov. 2 1806. They in turn had 9 children (Abner, Thomas, Elizabeth, Martha, Mildred, Jane, Nancy, Sarah, Mary). Abner & Thomas both had numerous children, so there should be at least a handful of Nashes from this line somewhere. If you are or know of anyone in this line of the family, please let me know, or pass my email address on to them. (krysteria@aol.com) THANKS, Kristy Nash www.krysteria.com PS. We are NOT related to the Nashes of the Norfolk area, but we MAY be related to the Nashes of Fauquier County and the family of John Nash of Prince Edward County. (If we ARE related to them, it is via a line back in England.)

The person who acted as surety in a marriage. Did he put up bond for groom or bride or hold groom's bond? Did surety person have to be of any minimum age or wealth? Confused about how surety worked in marriages in 1600-1700 VA. T Bailey

> ******************************** > Washington Post 7/12/01 > Court papers, lost during Civil War, show up on eBay > http://washingtonpost.com/wp-dyn/articles/A49406-2001Jul11.html > > by Josh White and Lisa Rein > When Union troops raided the Brentsville Courthouse during their occupation > of Prince William County in 1863, they made off with batches of court papers > from the Revolutionary War era as part of their spoils. > The vital records -- including oaths of soldiers, certificates of birth and > death and deeds of property and business ownership -- tore a hole in the > county's history and were considered lost forever. > But in a fortunate juxtaposition of the past and the future, many of the > papers -- written in ornate calligraphy and dated to May 1779 -- recently > began to appear on the eBay Web site nearly 150 years after they were lost. > > Virginia historians and Prince William officials have recovered some of the > documents because a researcher noticed just a few of the pages for sale on > the Internet auction house. > The Library of Virginia in Richmond contacted the dealer, Charles Barger, of > Mansfield, Ohio, to see if he had more. The state then bought a 200-page > record book for $8,000 from Barger, who had extolled the "beautiful > handwriting" and "excellent condition" of the documents, according to the > official auction listing. > When researchers received the book late last year, however, they discovered > that 46 pages were missing. > Over the past few weeks, Prince William County police tracked down one more > page, which they bought from the same dealer, who was selling it for about > $300. > Police Chief Charlie T. Deane said Barger won't be charged with a crime. > Police said they suspected that Barger had the additional missing pages, but > Barger told them he just had the one. Barger told police he bought the book > at a local antique show. Barger did not return phone calls or respond to an > e-mail query. > Police have since been poring through the black market in search of the > remaining 45 pages. > "These are records that talk about people in Prince William County; they're > important because they talk about our ancestors," said David Mabie, clerk of > the courts. "It's particularly significant that for more than a century, > everyone believed the records were lost." > The book is a 200-plus page record of court minutes kept in Brentsville, the > county seat from 1822 to 1890. Listing lawsuits, land transactions, business > licenses and militia oaths from 1778 to 1784, it is among at least dozens of > deed books, surveyors plat books and marriage documents stolen by Union > soldiers as they raided, pillaged and dismantled the courthouse in 1863, > loading up the bricks to set up camp nearby. -- Marta S. Hardy - wandering in the wildwood of west KY & TN

I entirely missed that you also had Adams...the Adams in my family are connected with the Laniers, and that's where I got the Lanier info I'm about to give you here... Huillary Lanier was father to Sovilla who married Joseph Goins... Huillary was married to Sarah (?) Huillary's father was John of St. Tammany Parish LA and married Penelope Jones... John's father was Benjamin Lanier of VA, born 1744 and married Ealiff (?) Benjamin's father was Lemuel Lanier of VA, born 1707 and married to Hannah Peters... Lemuel's father was John Lanier of VA, born 1680 and married to Elizabeth Bird... **** Henry Goins, son of Jeremiah, married Sarah Ann Simmons about 1849.. Children were Joseph Calvin Goins John Henry Goins Elizabeth Belle Goins William Lewis Goins I can't vouch for the accuracy of any of these as other than Jeremiah, none are my direct ancestors, and this is from research done by other family members...I hope it is helpful to you...The Adams cousins are descended from Joseph Going who married Sovilla Lanier...and we still can't find Joseph's parents, thos we believe his father was Gibson, first cousin to my Jeremiah... B. ----- Original Message ----- From: "Barbara Ellison" <greybird7@pisp.net> To: <VA-SOUTHSIDE-L@rootsweb.com> Sent: Tuesday, July 17, 2001 10:31 AM Subject: Re: [VA-SOUTHSIDE-L] Barnes, Adams, Masons and Hunts > Hello Carolyn... > I have a few Simmons and Laniers, but don't know if they will help a lot... > An ancestral cousin, Joseph Going (Goins) was married to Sovilla Lanier, and > her father was Hillory Lanier if my memory serves me...All I know is Joseph > was born in MS in 1824, and both his parents were born in N. or S. > Carolina..I will track down my notes on the Laniers and tell you whatever > else I have... > Also, a Simmons girl married into my Goins line...I'll look that one up too > to see what her first name was... > Barbara > ----- Original Message ----- > From: <CCA44@aol.com> > To: <VA-SOUTHSIDE-L@rootsweb.com> > Sent: Tuesday, July 17, 2001 9:19 AM > Subject: [VA-SOUTHSIDE-L] Barnes, Adams, Masons and Hunts > > > > Hello List, > > > > I am attempting to locate the following families: Susannah Barnes of > > Greensville Co. VA died in October of 1820. Her children are listed below: > > > > William Barnes died 1804 in Greensville. He had purchased lands on > Otterdam > > Swamp the previous year. > > John Barnes married Elizabeth Bass 1803 in Greensville Co. > > Bennett Barnes married Susanna Simmons Whitehorn (widow of Philemon > > Whitehorn) 1815 Sussex Co. > > Lizza Barnes married Henry Mason 1816 Greensville Co. > > Richard Barnes married Polly Rhay (Wray?) 1817 Greensville Co. > > Rebecca Barnes married Hartwell Adams 1821 Greensville Co. > > > > Daughter of John Barnes and Elizabeth Bass was Susanna F. Barnes who > married > > Ethelred J. Hunt December 1929 in Greensville. Then when Pascal Lanier > > married Mary Ann Barnes December 1832, Ethelred Hunt was the Surety. > > > > I'm hoping someone has the above families in their lines. I would be happy > to > > exchange information. > > > > Thanks, > > Carolyn Anderson > > cca44@aol.com > > > > > > ==== VA-SOUTHSIDE Mailing List ==== > > Hosted by Rootsweb http://www.rootsweb.com > > > > > > ============================== > > Visit Ancestry.com for a FREE 14-Day Trial and enjoy access to the #1 > > Source for Family History Online. Go to: > > http://www.ancestry.com/subscribe/subscribetrial1y.asp?sourcecode=F11HB > > > > > > > ==== VA-SOUTHSIDE Mailing List ==== > USGenWeb Archives http://www.rootsweb.com/~usgenweb > > > ============================== > Visit Ancestry.com for a FREE 14-Day Trial and enjoy access to the #1 > Source for Family History Online. Go to: > http://www.ancestry.com/subscribe/subscribetrial1y.asp?sourcecode=F11HB > >

Hello Carolyn... I have a few Simmons and Laniers, but don't know if they will help a lot... An ancestral cousin, Joseph Going (Goins) was married to Sovilla Lanier, and her father was Hillory Lanier if my memory serves me...All I know is Joseph was born in MS in 1824, and both his parents were born in N. or S. Carolina..I will track down my notes on the Laniers and tell you whatever else I have... Also, a Simmons girl married into my Goins line...I'll look that one up too to see what her first name was... Barbara ----- Original Message ----- From: <CCA44@aol.com> To: <VA-SOUTHSIDE-L@rootsweb.com> Sent: Tuesday, July 17, 2001 9:19 AM Subject: [VA-SOUTHSIDE-L] Barnes, Adams, Masons and Hunts > Hello List, > > I am attempting to locate the following families: Susannah Barnes of > Greensville Co. VA died in October of 1820. Her children are listed below: > > William Barnes died 1804 in Greensville. He had purchased lands on Otterdam > Swamp the previous year. > John Barnes married Elizabeth Bass 1803 in Greensville Co. > Bennett Barnes married Susanna Simmons Whitehorn (widow of Philemon > Whitehorn) 1815 Sussex Co. > Lizza Barnes married Henry Mason 1816 Greensville Co. > Richard Barnes married Polly Rhay (Wray?) 1817 Greensville Co. > Rebecca Barnes married Hartwell Adams 1821 Greensville Co. > > Daughter of John Barnes and Elizabeth Bass was Susanna F. Barnes who married > Ethelred J. Hunt December 1929 in Greensville. Then when Pascal Lanier > married Mary Ann Barnes December 1832, Ethelred Hunt was the Surety. > > I'm hoping someone has the above families in their lines. I would be happy to > exchange information. > > Thanks, > Carolyn Anderson > cca44@aol.com > > > ==== VA-SOUTHSIDE Mailing List ==== > Hosted by Rootsweb http://www.rootsweb.com > > > ============================== > Visit Ancestry.com for a FREE 14-Day Trial and enjoy access to the #1 > Source for Family History Online. Go to: > http://www.ancestry.com/subscribe/subscribetrial1y.asp?sourcecode=F11HB > >

Hello List, I am attempting to locate the following families: Susannah Barnes of Greensville Co. VA died in October of 1820. Her children are listed below: William Barnes died 1804 in Greensville. He had purchased lands on Otterdam Swamp the previous year. John Barnes married Elizabeth Bass 1803 in Greensville Co. Bennett Barnes married Susanna Simmons Whitehorn (widow of Philemon Whitehorn) 1815 Sussex Co. Lizza Barnes married Henry Mason 1816 Greensville Co. Richard Barnes married Polly Rhay (Wray?) 1817 Greensville Co. Rebecca Barnes married Hartwell Adams 1821 Greensville Co. Daughter of John Barnes and Elizabeth Bass was Susanna F. Barnes who married Ethelred J. Hunt December 1929 in Greensville. Then when Pascal Lanier married Mary Ann Barnes December 1832, Ethelred Hunt was the Surety. I'm hoping someone has the above families in their lines. I would be happy to exchange information. Thanks, Carolyn Anderson cca44@aol.com

http://www.ancestorsinvirginia.com/www-ancestorsinvirginia-com/publications.chk The above URL has some good books on Virginia ancestors. I have never seen this site before today and maybe someone can find a book they need. Margaret

In a message dated 7/15/01 12:03:51 PM Eastern Daylight Time, VA-SOUTHSIDE-D-request@rootsweb.com writes: << Looking for information on the William Watson b 1758 at Glenmore >> I can tell you a J. Watson, a scot who deserted from Lt. Col. Cochrane's Company came to North America in 1739 and a Peter Watson from Selkirk with wife and son (unnamed), came to America as a servant to David Barclay in 1683; settled in New Perth, East New Jersey in 1684. Thats all the info I have on Watsons! good hunting! Jeannie researching Helburn, Hilburn, and various other spellings ...

Dear friends, is there a book or publication of some kind that lists the marriages in Brunswick County "after" 1853? Knorr runs from 1750-1810, Fothergill runs from 1730-1852, and Vogt & Kethly runs from 1750-1853. I am looking for later marriages. Any information will be appreciated. Jo Anna Dale <jdale@swbell.net>

For those of you who joined the list in the last few months, I'm announcing again the online Lunenburg County Death Register images in the USGenWeb Archives. Eventually, I'll get more online, from 1853 - 1896: http://www.rootsweb.com/~usgenweb/va/lunenburg/deaths/ Census images online include 1860, 1880, 1900, 1910: http://www.rootsweb.com/~usgenweb/va/lunenburg/census/ The Thornton Russell Bible pages are also uploaded: http://www.rootsweb.com/~usgenweb/va/lunenburg/bibles/r2400001/ Linda

This is my line, too! :) Daniel Vincent Bentley & Sevelinda (Mackey, Ann) Satterfield (great-great-gparents) Joseph Levi Bentley & Ida Camilla Phillips (great-grandparents) Cora Elizabeth Bentley & James Thomas Russell (grandparents) (all of Lunenburg County VA) I don't have a Samuel W. Bentley (age 36 in 1850) listed in my line. Linda Carol wrote: > > -----Original Message----- > From: Carol <carol60@mindspring.com> > To: Outdoorjane@aol.com <Outdoorjane@aol.com> > Date: Sunday, July 15, 2001 2:24 PM > Subject: Re: [VAAMELIA-L] Re: Samuel Bentley, Will Dated 1784 > > >Hi all > >I have a puzzle > >In my Satterfield line ,i have Jane Satterfield(b1827) mar to William > >F.Bentley(1800-) in 1838 her brother James W. Satterfield was surety.They > >moved to Pittslyvania Co.Va from Lunenberg Co.Va. > >Their children:Daniel E.>>William F.>>Henry L.>>Christienne > > > >But > >The 1850 Lunenberg Co.Va census lists > >Samuel W.Bentley age 36 > >Jane(satterfield) age 23 > >Martha-A.-12 > >Sarah 9 > >George-5 > >Lucy A.-3 > >William 7mo > >Did Jane marry twice to brothers or is there 2 janes > > > >Jane's sister,Macky(Silvalanda) (1823)married Daniel Vincent > Bentley(1809)-8 > >children > > > >carol in va > > > > > > > >-----Original Message----- > >From: Outdoorjane@aol.com <Outdoorjane@aol.com> > >To: VAAMELIA-L@rootsweb.com <VAAMELIA-L@rootsweb.com> > >Date: Saturday, July 14, 2001 11:42 PM > >Subject: [VAAMELIA-L] Re: Samuel Bentley, Will Dated 1784 > > > > > >> > >>I believe a Samuel Bentley, b. 1714 in Virginia is the beginning of my > >lineage so far that I know. Then it picks up with a Samuel Bentley, b. > >7/12/1772 in Halifax, VA, d. 1939 in Forsythe, GA, married on 9/25/1795 to > a > >Nancy Legrand. I think their were two sons: Samuel W. Bentley (my great > >great great grandfather), b. 1804 in South Carolina; and John William > >Bentley, b 5/12/1807 in GA. I have quite a bit of Bentley history after > >this time but am trying to piece it all together. If you believe this may > >be part of your lineage, please e:mail me a.s.a.p. We can share some > >information and possibly fill in some holes. > >> > >> > >> > >> > >>==== VAAMELIA Mailing List ==== > >>New folks are joining the list everyday. Have you posted your surnames > >and/or queries recently? > >> > > > > ==== VA-SOUTHSIDE Mailing List ==== > USGW Archives Pension Project > http://www.rootsweb.com/~usgenweb/pensions/ > > ============================== > Visit Ancestry's Library - The best collection of family history > learning and how-to articles on the Internet. > http://www.ancestry.com/learn/library

-----Original Message----- From: Carol <carol60@mindspring.com> To: Outdoorjane@aol.com <Outdoorjane@aol.com> Date: Sunday, July 15, 2001 2:24 PM Subject: Re: [VAAMELIA-L] Re: Samuel Bentley, Will Dated 1784 >Hi all >I have a puzzle >In my Satterfield line ,i have Jane Satterfield(b1827) mar to William >F.Bentley(1800-) in 1838 her brother James W. Satterfield was surety.They >moved to Pittslyvania Co.Va from Lunenberg Co.Va. >Their children:Daniel E.>>William F.>>Henry L.>>Christienne > >But >The 1850 Lunenberg Co.Va census lists >Samuel W.Bentley age 36 >Jane(satterfield) age 23 >Martha-A.-12 >Sarah 9 >George-5 >Lucy A.-3 >William 7mo >Did Jane marry twice to brothers or is there 2 janes > >Jane's sister,Macky(Silvalanda) (1823)married Daniel Vincent Bentley(1809)-8 >children > >carol in va > > > >-----Original Message----- >From: Outdoorjane@aol.com <Outdoorjane@aol.com> >To: VAAMELIA-L@rootsweb.com <VAAMELIA-L@rootsweb.com> >Date: Saturday, July 14, 2001 11:42 PM >Subject: [VAAMELIA-L] Re: Samuel Bentley, Will Dated 1784 > > >> >>I believe a Samuel Bentley, b. 1714 in Virginia is the beginning of my >lineage so far that I know. Then it picks up with a Samuel Bentley, b. >7/12/1772 in Halifax, VA, d. 1939 in Forsythe, GA, married on 9/25/1795 to a >Nancy Legrand. I think their were two sons: Samuel W. Bentley (my great >great great grandfather), b. 1804 in South Carolina; and John William >Bentley, b 5/12/1807 in GA. I have quite a bit of Bentley history after >this time but am trying to piece it all together. If you believe this may >be part of your lineage, please e:mail me a.s.a.p. We can share some >information and possibly fill in some holes. >> >> >> >> >>==== VAAMELIA Mailing List ==== >>New folks are joining the list everyday. Have you posted your surnames >and/or queries recently? >> >

I got it now! I have seen "post no bond" in most of the wills I have found. Thank you all so much. Quan > ==== VA-SOUTHSIDE Mailing List ==== > USGenWeb Archives Census Project > http://www.rootsweb.com/~usgenweb/census/ > > > ============================== > Search over 1 Billion names at Ancestry.com! > http://www.ancestry.com/rd/rwlist1.asp > >

The advice of Mr. Wallace is excellent. Paul ----- Original Message ----- From: <Hdanw@aol.com> To: <VA-SOUTHSIDE-L@rootsweb.com> Sent: Sunday, July 15, 2001 11:03 PM Subject: Re: [VA-SOUTHSIDE-L] Will > Someone more knowledgeable than I should answer you about what happens when a > person dies without a will. > > However, this is what I have learned by reading many a court record from a > lot of Southern States; in other words, we learn to do by doing. > > If a person died without a will, there was generally an administration, > providing the decedent died with property of any kind. > > In the case of an administration, first there was an appraisal of the estate. > The court (county court, in most cases) would appoint several men (always > men), but generally four or so, three of whom were appointed to appraise the > estate--make an inventory--and report back to the court. > > An administrator or administratrix was appointed by the court, and that > person generally had to post bond. > > I forget in what order an estate sale was held, but generally it was held by > the administrator or administratrix and a report of the purchasers and their > purchases and the amount of the purchase had to be presented to the court by > the administrator. This is where one can get an idea of the wealth or > poverty of the decedent. > > If there were minor children, generally there are appointments of guardians, > etc. If the family was poverty stricken, the children may be bound out, > depending on the time and the place. > > That is why Probate records and court records and guardian accounts and > orphans accounts all have to be read. > > If you will look at the LDS website--the Family History Library Catalog--at > www.familysearch.org--you will see that for nearly every locality listed on > the catalog there is a topic labeled Probates. > > Sometimes these accounts go on for YEARS, especially if there are minor > children. Then, occasionally you will see an entry that an executor (in the > case of a will) or an administrator will resign his position in favor of > another male. Why? Because frequently the widow has remarried, and the new > husband is taking over that position. > > Always read the guardian accounts or orphans court records, where they exist, > because this is where you will find the most genealogical links. Sometimes, > I have found, as the older children, males, again, of course, get older, they > petition the court to appoint them/him as guardians of their younger siblings. > > In one case I read, the daughter of the deceased petitioned the court to > change her guardianship from her stepfather to her older brothers, > maintaining that her stepfather was not according her the education to which > her rank entitled her (this in Mississippi in the 1840s). This family tiffs > make interesting reading!!! > > Always read the court minutes, where available. Frequently the guardian and > the remarried widow (his wife) will fail to provide the court with the annual > account of the estate and the guardianship and he is ordered to show cause > why he has not presented these in a timely fashion. > > Years later, you may find in the deeds where the now grown-up heirs are > selling the real estate which they inherited, but at times they have to wait > until the heirs of deceased heirs are of age. That's why genealogists have > bloodshot eyes--squinting at bad microfilms!!! > > If you can find newspapers of the period and of the area in which you are > researching, you may find some interesting tidbits--legal notices, etc. By > prowling around courthouses, I found the probate of a man who died in an > adjoining estate and in it was a newspaper clipping--a legal notice. His > widow had remarried, her second husband had died, and she was having to sell > the slaves who had belonged to the first husband. In reading at the probate > further, I learned the names of the children she had had by the first > husband. One thing leads to another. > > E.W.Wallace > southern California > > > > > ==== VA-SOUTHSIDE Mailing List ==== > USGenWeb Archives http://www.rootsweb.com/~usgenweb > > > ============================== > Ancestry.com Genealogical Databases > http://www.ancestry.com/rd/rwlist2.asp > Search over 2500 databases with one easy query! >

Quan; you are not quite right in some aspects of your summary below, but almost :) All of the following is in my dictionary "What Did They Mean By That?" (Amazon Books and Heritage Books) Paul Drake Death without a will is called Intestate death, and death without a will AND with no assets is still intestate death, however the administration is waived since there is no estate - no assets - to administer. THe court appoints the administrators. There are administrators (men) or administratrixes (women). In early times, all administrators were men, not so now. Death with a will is Testate death and the will is said to be executed, not administered. The maker of the will names the executors. There are executors (men) and executrixes (women). In early times, occasionally women were appointed and did so act. Death a will that is not complete legally for whatever reason the court finds, yet the wishes of the dead person are to be applied where feasible, is an "administration with will annexed" (often abbreviated "admin. w.w.a.). There are other occasions where a will is considered in an administration. Bonds are required in all estates, testate or intestate, and are quite usually in twice the estimated value of the total estate (but the real estate was not considered in the bond amount so long as primogeniture existed). However the person who wrote the will - the testator - can/could declare that no bond be required of the executor. Similarly, a court can/could determine that no bond is required of the administrator to be appointed in an intestate death. There are other sorts of wills which you may encounter. Inventories and appraisements take place in every estate, testate or intestate. However, sales, public or private, have to do with HOW - in what manner - to settle the estate to the satisfaction of the court AND to the heirs, and should not be confused with whether or not there was a will. Paul ----- Original Message ----- From: "quan pruitt" <pruitt@email.msn.com> To: "Paul Drake" <martee@citlink.net> Sent: Sunday, July 15, 2001 10:59 PM Subject: Re: [VA-SOUTHSIDE-L] Will > Paul, > Lets see if I have this right, I'm learning. > In VA they didn't use the term probate. > Testate is the term used for with a will. > Interstate is for without a will. > If you didn't leave a will the court declared it without assets or void. > executor and administrator we use here so I got that. > > > Thanks, now I know which area to look in for the information. > > Thanks so much, > Quan > ----- Original Message ----- > From: "Paul Drake" <martee@citlink.net> > To: "quan pruitt" <pruitt@email.msn.com>; <VA-SOUTHSIDE-L@rootsweb.com> > Sent: Sunday, July 15, 2001 10:16 PM > Subject: Re: [VA-SOUTHSIDE-L] Will > > > > We don't use the word "probate" as you did here; we do not "have > > probates." The answer to your question is that there were deaths > > with wills - "testate" - which were "executed" by an > > executor/executrix - "intestate" - which were/are "administered" by > > an administrator/adminitratrix since almost time imemorial - at > > least a thousand years in UK. (there also are "administrations wwa" > > (an administration which includes a will which for some legal reason > > in inoperative, yet not void as to its terms). The court might - > > and often did - declare that an intestate estate was "without > > assets" and order that an administration of it should be "waived." > > Othewise, the law required that action by the court take place for > > exactly the reasons you suggested; when you die every known asset > > MUST be the subject of transfer to someone. That someone is quite > > usually a relative or so, since the dead can't do anything ever > > again, and we don't think title to any property should be left > > floating around in the heir. Such estates without assets were quite > > usually noted in the courts' minutes/entries for that county. > > Families have always carried off part of the personal property; it > > is overlooked by the law usually, unless the items are of great > > value or another heir complains to the court. Paul > > > > ----- Original Message ----- > > > Hi, > > > Could someone please answer for me what would happen if > > > in the 1800's a person who own property died and didn't leave a > > will? Did they have probate at that time or did the family just > > divide everything among themselves? Wouldn't they have to change > > ownership or something? > > > > > > Thanks, > > > Quan > > > > > > >

Someone more knowledgeable than I should answer you about what happens when a person dies without a will. However, this is what I have learned by reading many a court record from a lot of Southern States; in other words, we learn to do by doing. If a person died without a will, there was generally an administration, providing the decedent died with property of any kind. In the case of an administration, first there was an appraisal of the estate. The court (county court, in most cases) would appoint several men (always men), but generally four or so, three of whom were appointed to appraise the estate--make an inventory--and report back to the court. An administrator or administratrix was appointed by the court, and that person generally had to post bond. I forget in what order an estate sale was held, but generally it was held by the administrator or administratrix and a report of the purchasers and their purchases and the amount of the purchase had to be presented to the court by the administrator. This is where one can get an idea of the wealth or poverty of the decedent. If there were minor children, generally there are appointments of guardians, etc. If the family was poverty stricken, the children may be bound out, depending on the time and the place. That is why Probate records and court records and guardian accounts and orphans accounts all have to be read. If you will look at the LDS website--the Family History Library Catalog--at www.familysearch.org--you will see that for nearly every locality listed on the catalog there is a topic labeled Probates. Sometimes these accounts go on for YEARS, especially if there are minor children. Then, occasionally you will see an entry that an executor (in the case of a will) or an administrator will resign his position in favor of another male. Why? Because frequently the widow has remarried, and the new husband is taking over that position. Always read the guardian accounts or orphans court records, where they exist, because this is where you will find the most genealogical links. Sometimes, I have found, as the older children, males, again, of course, get older, they petition the court to appoint them/him as guardians of their younger siblings. In one case I read, the daughter of the deceased petitioned the court to change her guardianship from her stepfather to her older brothers, maintaining that her stepfather was not according her the education to which her rank entitled her (this in Mississippi in the 1840s). This family tiffs make interesting reading!!! Always read the court minutes, where available. Frequently the guardian and the remarried widow (his wife) will fail to provide the court with the annual account of the estate and the guardianship and he is ordered to show cause why he has not presented these in a timely fashion. Years later, you may find in the deeds where the now grown-up heirs are selling the real estate which they inherited, but at times they have to wait until the heirs of deceased heirs are of age. That's why genealogists have bloodshot eyes--squinting at bad microfilms!!! If you can find newspapers of the period and of the area in which you are researching, you may find some interesting tidbits--legal notices, etc. By prowling around courthouses, I found the probate of a man who died in an adjoining estate and in it was a newspaper clipping--a legal notice. His widow had remarried, her second husband had died, and she was having to sell the slaves who had belonged to the first husband. In reading at the probate further, I learned the names of the children she had had by the first husband. One thing leads to another. E.W.Wallace southern California