Re: possible Skipwith maternity of Elizabeth (Dale) Rogers
- From: "Peter W. Pesterhaus III" <binky9@xxxxxxxxx>
- Date: Wed, 29 Oct 2008 06:53:10 -0700 (PDT)
Renia--
(a) Pre-nuptial agreements weren't available to first time brides
when Edward Dale marrried Diana Skipwith and when William Roger
married Elizabeth Dale. You need to know what the law was during the
specific period you're studying. I've said this several times. When
first time brides gained the right to have a pre-nup, it had no
bearing on whether their parents gave them anything in their wills--if
they wanted to, they did, and if they didn't, they didn't.
(b) I've said repeatedly that "Promissory Estoppel" is for personal
property only. Therefore, it has nothing to do with Edward Dale's
real estate. Why do you think that's relevant? "Promissory Estoppel"
has a number of uses. The way it's qualified indicates the intended
use. Don't you understand that?
(c) Elizabeth Dale didn't inherit twelve pence. She accepted twelve
pence in exchange for her waiver of interest in Diana Dale's intestate
estate. These old colonial wills have all kinds of stuff in them--
property swaps, pre-nups, etc. Edward Dale couldn't unilaterally
strip his daughter of her right in her mother's estate.
(d) You have confused intestacy with entail. Do you see anything in
the statute I quoted that gives an eldest son precedence over the
other children?
(e) The purpose of a marriage contract was to allow a woman to retain
control of her own property. Where did you get the idea that her
property devolved upon her husband? "Devolve" means to pass on or be
inherited by another.
I caught you guys napping, didn't I? I don't know if you're a
professional genealogist, but if you are, I guarantee your client list
is shrinking. It's going to go to zero if you don't stuff a sock in
it and educate yourself. There isn't one statement in your post that
makes any sense. You have absolutely no idea what you're talking
about.
If you're hoping to get MichaelAnne off the hook by proving me wrong,
I'm going to be calling her out until Christmas.
.
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