Re: Back to school
- From: "Peter W. Pesterhaus III" <binky9@xxxxxxxxx>
- Date: Wed, 29 Oct 2008 06:09:19 -0700 (PDT)
Do you see the irony here? You said to me what some of the clowns on
this board have been saying to the beginners.
I thought Nat was joking. You guys really don't know what an
intestate estate is, do you?
When someone dies intestate, it means they die without making a will.
When someone died without a will, the law dictated who received their
property. An intestate estate is just the estate (property) of
someone who died without a will. It's not an esoteric concept. It's
Didn't you read my post on the statutes in effect when Dale made his
will? That law says where a person's property goes if someone dies
intestate. Somebody would apply to be *administrator* of the estate
(just like Edward Dale applied to be administrator of Mary Harrison
Jones' estate) and see that the property was distributed according to
the specified progression of heirs.
My dictionary defines intestate as: "Having made no legally valid
will before death or not disposed of by a legal will." What is your
problem? Don't you have a dictionary?
If someone leaves a will, the *executor* assumes responsibility to see
the heirs get that which the testator bequeathed them. If a man wrote
a will, the only person with a legal claim against his estate was his
wife (except creditors of course). The probate reform during the
reign of Henry VIII freed testators (those making a will) from the
constraints of primogeniture. This gave those making a will
tremendous power. Some testators followed primogeniture anyway,
because if a man split up his estate, the family tended to decline in
status--but it was an option of the testator.
Whatever merits some of you may have as a medieval genealogist, you
lack the necessary grounding in colonial Virginia probate and property
law. Is there some reason you can't do what I did and get a book on
- Re: Back to school
- From: Renia
- Re: Back to school
- Prev by Date: Re: Back to school
- Next by Date: Re: Back to school
- Previous by thread: Re: Back to school
- Next by thread: Re: Back to school