Separate estates and chancery courts

Diana and Nicole open the episode by sharing a listener spotlight that details a compelling 1867 divorce case and its complications regarding a wife's dower rights. Diana then introduces Marylynn Salmon's book, Women and the Law of Property in Early America, which serves as an excellent guide for genealogists researching female ancestors in the colonial and early national eras. They discuss how understanding the law behind our ancestors' actions in deeds, probate, and court records is essential. The book, covering 1750 to 1830, traces a gradual extension of wives' ability to own and control property after the Revolution, highlighting that both ideological and economic considerations were forces of change.

The hosts explore the book's structure and its focus on how law functioned in practice across key jurisdictions, including Connecticut, Massachusetts, New York, Pennsylvania, Maryland, Virginia, and South Carolina. They discuss crucial legal concepts such as a married woman's status as a feme covert, who generally could not sell property or enter into contracts. This led to statutes like the feme sole trader act in Pennsylvania and varying regional approaches to Conveyances and Divorce and Separation. They also examine Separate Estates, which were handled by Chancery Courts in some colonies but opposed by Puritan ideals in New England, and Provision for Widows (dower rights). Listeners learn that they can gain new insights into their female ancestors' property records by applying the information from this book, even recommending that if their ancestor's jurisdiction is not mentioned, they should look at a neighboring state's section to find the governing laws.

This summary was generated by Google Gemini.

Links

RLP Institute Course - Merging and Separating Identities - https://familylocket.com/product/merging-and-separating-identities/

Review of Women and the Law of Property in Early America by Marylynn Salmon - https://familylocket.com/review-of-women-and-the-law-of-property-in-early-america-by-marylynn-salmon/

Women and the Law of Property in Early America by Marylynn Salmon - https://amzn.to/4i0remA (Affiliate link to Amazon)

Sponsor – Newspapers.com

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Research Like a Pro Resources

Airtable Universe - Nicole's Airtable Templates - https://www.airtable.com/universe/creator/usrsBSDhwHyLNnP4O/nicole-dyer

Airtable Research Logs Quick Reference - by Nicole Dyer - https://familylocket.com/product-tag/airtable/

Research Like a Pro: A Genealogist's Guide book by Diana Elder with Nicole Dyer on Amazon.com - https://amzn.to/2x0ku3d

14-Day Research Like a Pro Challenge Workbook - digital - https://familylocket.com/product/14-day-research-like-a-pro-challenge-workbook-digital-only/ and spiral bound - https://familylocket.com/product/14-day-research-like-a-pro-challenge-workbook-spiral-bound/

Research Like a Pro Webinar Series - monthly case study webinars including documentary evidence and many with DNA evidence - https://familylocket.com/product-category/webinars/

Research Like a Pro eCourse - independent study course - https://familylocket.com/product/research-like-a-pro-e-course/

RLP Study Group - upcoming group and email notification list - https://familylocket.com/services/research-like-a-pro-study-group/

Research Like a Pro with DNA Resources

Research Like a Pro with DNA: A Genealogist's Guide to Finding and Confirming Ancestors with DNA Evidence book by Diana Elder, Nicole Dyer, and Robin Wirthlin - https://amzn.to/3gn0hKx

Research Like a Pro with DNA eCourse - independent study course - https://familylocket.com/product/research-like-a-pro-with-dna-ecourse/

RLP with DNA Study Group - upcoming group and email notification list - https://familylocket.com/services/research-like-a-pro-with-dna-study-group/

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