Wills

 

The sources reveal several ways assets were distributed among heirs in wills, reflecting the legal and social practices of the time. Here's a breakdown of common methods:

• Specific Bequests:

  • Testators often made direct bequests of specific items to named individuals. This could include land, houses, furniture, livestock, or even enslaved people. For example, William H. Lewis bequeathed a "negro woman named Mariah and her child Eliza" to his wife.
  • These specific bequests were intended to ensure that particular heirs received items of special value or significance to the testator.
  • John Dulaney left a young mare to his daughter, Elizabeth.

• Equal Division:

  • A common method was to divide the remaining estate equally among designated heirs, typically the spouse and children. This was often stipulated after specific bequests were fulfilled.
  • For example, John Dulaney directed that his land and all other property be divided equally between his wife and children.

• Some wills specify that the distribution among children should be equal, and that there should be no distinction based on gender.

• In the will of James Lewis, he directs the division of his property among his children, with the provision that daughters should be treated equally with sons.

• Life Estates:

  • Sometimes, a will would grant a life estate to a spouse. This meant that the spouse could use and enjoy the property during their lifetime, but could not sell it or pass it on to their heirs. After the spouse’s death, the property would then be distributed according to the will.
  • For example, John Dulaney's will stipulated that his wife have a "comfortable support from the farm".
  • Similarly, some testators specify that a spouse should retain the use of the land and property for their lifetime.

• Provisions for Minor Children:

  • Wills often included specific instructions for the care of minor children. This could include directions on who would have custody or how their education would be funded.
  • John Dulaney stipulated that his "negro man Bob" should be hired out until Dulaney's son, John, reached 21, with the money to be used for the family’s upkeep.
  • Samuel McCarty's will states that his children should live with their mother until they are capable of living independently.

• Sale of Property and Division of Proceeds:

  • Some wills directed that all or part of the estate be sold, and the proceeds be distributed among the heirs.
  • This was particularly common when the estate included land or other assets that were not easily divided. For example, William H. Lewis directed that his land, along with the land of Margaret Allen and Rachel Carrel, be sold.

• Conditional Bequests:

  • Some wills included conditional bequests, where heirs received property upon the fulfillment of certain conditions.
  • John Dulaney directed that his enslaved girl Jane should remain with his daughter until Jane turned 18, at which time, Jane could choose her master.

• Executors and Trustees:

  • Wills typically named executors, who were responsible for carrying out the terms of the will.
  • Sometimes, individuals were also named as trustees to manage assets or property on behalf of heirs.

These methods of asset distribution in wills illustrate a structured approach to transferring wealth and property from one generation to the next. The wills reflected not only the testator’s wishes, but also the legal and social framework of the time, ensuring some level of fairness and stability in the settlement of estates.