Phyllis,
I am not an expert on this and I may be wrong, but I believe that women
could own land. The woman may have received it as a bequest or gift from a
man, generally her father or relative/guardian. In this case, the terms of
the ownership were set out in either the deed or the will. I believe the
term used was "feme sole" meaning that the woman's property was not under
the legal protection or control of a man, such as her husband (as opposed to
a feme covert, a married woman who did not have the right to own property or
make contracts in her own name). Also, women were entitled to their dower
ownership at the death of the husband, generally 1/3 of his property. Most
often, the land was sold and the proceeds given to the widow, but the land
could be divided by the courts and deeded separately to those who inherited
it, including the widow who would then own the property in her own right.
I'm not sure about Indiana, but I know I have an ancestress in Kentucky who
actually bought her own land in the late 1830s. She didn't marry until 1855
and then retained control of the land she owned prior to the marriage--which
agreement was written into a document filed with the court. In terms of her
property, she remained a "feme sole" and it was expressly stated that her
husband was not to have any control of the property in any manner--as
overseer or legal owner, including not be able to make decisions about
crops, timber, etc.
-----Original Message-----
From: inshelby-bounces(a)rootsweb.com [mailto:inshelby-bounces@rootsweb.com]
On Behalf Of Phyllis Miller Fleming
Sent: Thursday, August 26, 2010 6:05 PM
To: Shelby County Family History
Subject: [INSHELBY] Women owning land in the 1800s
Shelbers,
I need some legal education. How did married women own land in their
own/sole right in the 1800s?
Over the years, I have come across multiple occurrences of women owning land
that doesn't seem to also belong to her husband. I can think of many times
a woman died and her children were given the land, even while their father
was still living. And sometimes a grandfather will die and the children of
his deceased daughter (ie his grandchildren) get the land, even though their
father is 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
information and the surnames that you are researching
(melinda.weaver1864(a)yahoo.com) and let me know whenever that information
changes. I would like to keep track of all of our researchers. Thanks,
Melinda
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