Going through some court documents circa 1750 and can't figure out the following statement that keeps appearing in different ways but, the basic wording is very similar. "An Indenture of Testamant between Walter Bayley of the one part and Albert Bayley of the other part and a memorandium of Livery of seizin thereon end ___ were acknowledged by the said Walter and ordered to be recorded." What is the fourth word is it testament, transport, tripart or something else? I understand what "Livery of seizin" is. How long was this the practice. What does this mean what is Walter giving to Albert? Why in many of these statements, the wife has to "be examined to give up her dower rights" In other statements I see Indenture of Bargain - what is the difference? Thanks in advance, Ted Gurley

See my response at the asterisks **** ----- Original Message ----- From: "Ted Gurley" <tmgurley@swbell.net> To: <VA-SOUTHSIDE-L@rootsweb.com> Sent: Wednesday, August 01, 2001 6:58 AM Subject: [VA-SOUTHSIDE-L] Legal phrases > Going through some court documents circa 1750 and can't figure out the > following statement that keeps appearing in different ways but, the basic > wording is very similar. > > "An Indenture of Testamant between Walter Bayley of the one part and Albert > Bayley of the other part and a memorandium of Livery of seizin thereon end > ___ were acknowledged by the said Walter and ordered to be recorded." > > What is the fourth word is it testament *** yep; testament, meaning "to attest" or "as evidence of the transaction" > I understand what "Livery of seizin" is. ***Means to give over possession How long was this the practice. *** In theory, land could be conveyed and the granting of possession could yet be called "livery of seizen" - which means delivery of possession/ownership > What does this mean what is Walter giving to Albert? ***Not giving him anythoing as far as you have told us; is transferring some interest in land. > Why in many of these statements, the wife has to "be examined to give up *** Women had to consent to the sale of any land by the husband, in order that she not later claim the "dower rights" in that tract. Women were entitled to SOME interest in all land bought during the marriage, however she "owned" nothing except those rights provided by law. > her dower rights" > In other statements I see Indenture of Bargain - what is the difference? ***For your purposes and research , there is almost no difference whatever.