Need some help to confirm that I am correctly interpreting the meaning of a
provision in a will.
My gggg grandfather's (Joseph Nicholson) will of 1787 leaves specific
properties and sums of monies to his children.
However, in regard to his wife, it states "...to my wife Mary in lieu and
as essential bar of her Dower or thirds of my estate...all stock in kind
and quality as by me received from her Father's Estate, and likewise the
sum of Four Hundred and seventy pounds common money...and the House and
Lott wherein I now live...", followed by more bequeaths to children.
Later on, it states "...my Will and desire is, that in case my Wife does
not stand to this my will and accept the Devises afd as an Essential Bar of
her Dower of my Estate, then, in such case, all my Estate shall be divided
between my children..." The will then goes on for three more pages making
various provisions and conditions regarding his children.
I know that the house and lot mentioned above were sold just after Joseph
Nicholson's death and his widow Mary and her underage children (including
my gggg grandfather) moved about 20 miles back to where she was born.
My gggg grandmother (wife Mary in this will), in her even longer will, left
properties to her son (my ggg grandfather) that had been owned by her father.
I am assuming from this that Joseph received property from his
father-in-law as a dower and, in his will, gave his wife a choice. She
could keep the money, the house and property where they were then living,
and a third of his estate but relinquish any claim to her father's property
or give up the cash, current house and property, and a third of the total
estate and, instead, take possession of her father's former property given
to her husband as a dower. Apparently, she chose the latter.
Is my interpretation of the provisions of this will correct?
Thank you,
Bruce
Thank you,
Bruce
Bruce L. Nicholson, Ph.D., Professor
Department of Biochemistry, Microbiology and Molecular Biology
University of Maine
Orono, Maine 04469
Tel: 207-581-2800
FAX: 207-581-2801
Email: brucen(a)maine.edu