Phyllis,
In Oklahoma the laws on inheritance, if a person dies without a will, gives only 1/3 of
the estate to the spouse. Two thirds will be divided among the children if there are two
or more children. If only one child, it will be divided equally between the child and the
surviving spouse. The children of a deceased child will be given their parent's
share. The spouses of the children and grandchildren are not involved at all. Included
in the probate papers will be a new deed to the land, containing the surviving spouse and
the children's names as joint tenants. This happens only when the land is originally
held only in the deceased person's name. Normally people here have their deeds read
"as joint tenants and not as tenants in common, with full right of
survivorship." That gives the entire property to the surviving "joint
tenant" and they only have to file a "Termination of Joint Tenancy" upon
the death of the spouse.
During the probate proceedings for my father (my mother was already deceased) my two
brothers and I decided how we wanted the land divided. Instead of having all of our names
on one piece of property, I had it surveyed and divided into three somewhat equal parcels.
We made new deeds and abstracts for each. The attorney told us that the law allowed us
to add our spouses names as joint tenants if we wanted, but it was solely our choice. I
held one smaller piece of property in my name only because of a possible liability
problem.
Our piece of property originally belonged to James H. Harrell & his wife Armilda.
When he died, it passed to Armilda & their son, Eddie. When Armilda died it passed to
Eddie. When Eddie died it passed 1/3 to his wife, Ollie and the other 2/3 went to four
surviving children and the five children of his deceased son. The children/grandchildren
allowed Ollie to continue living on the property and made no claim on the property other
than having their names on the deed. When Ollie died, her 1/3 was divided among all of
the other heirs. My father then purchased all of the other heirs' interest and got
the property back into only his name. He then added my mother as a joint tenant. When
she died I filed a Termination of Joint Tenancy for him and it was all back in his name.
Then when he died we divided it as mentioned above.
I know I haven't explained it very well. I know that the laws on inheritance vary
state-by-state. From the deeds, probates, etc. I've come across in my family research
in Indiana it seems the laws there were similar back in the 1800s.
Olive
-----Original Message-----
From: Phyllis Miller Fleming <phyllis(a)shelbycountyindiana.org>
To: Shelby County Family History <inshelby(a)rootsweb.com>
Sent: Thu, Aug 26, 2010 5:04 pm
Subject: [INSHELBY] Women owning land in the 1800s
Shelbers,
I need some legal education. How did married women own land in their own/sole
ight in the 1800s?
Over the years, I have come across multiple occurrences of women owning land
hat doesn't seem to also belong to her husband. I can think of many times a
oman died and her children were given the land, even while their father was
till living. And sometimes a grandfather will die and the children of his
eceased daughter (ie his grandchildren) get the land, even though their father
s still in the picture.
I recently found some circuit court cases (1837-39) for a Wood researcher and a
wife" is selling her land without any involvement of her husband.
Any education is welcomed!
P
Don't forget to check out our genealogy web site.
http://shelbycountyindiana.org
Shelby County Researchers, please send me an e-mail with your contact
nformation and the surnames that you are researching (melinda.weaver1864(a)yahoo.com)
nd let me know whenever that information changes. I would like to keep track
f all of our researchers. Thanks, Melinda
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