Re: Opinion Needed On Relationships Stated In A Deed


I've got a deed, dated 1835 in Washington County. In it, the
petitioners, Baily Ambrose and wife Eliza, Jacob N. Phelps, Jordan
H. Phelps and Nehemiah Phelps, "show your Worships that they are
tenants in common with Levi N. Phelps, Joseph W. Phelps, Priscilla
Phelps, Henry Phelps and Charles Phelps, minors of tender years as
heirs at law of Henry Phelps, Snr. deceased."

The petition is to divide the property of the deceased, Henry
Phelps, Sr., and a guardian is appointed for the minors names. My
question is if the wording of the petition establishes Eliza
Ambrose, Jacob Phelps, Jordan Phelps and Nehemiah Phelps as siblings
of the minors, or if they are siblings (or other relatives) of the
deceased? Or would more need to be known before that kind of a
determination can be made as to the relationship(s) of all of those
people to one another?

Cathy Huntersglenn <huntersglenn@xxxxxxx>


Cathy,

I don't think you can make that determination based only on the
information you have listed here.

The book, Searching American Probate Records
by Fran Carter
has this definition:

Heirs at Law: Commonly used to identify the eldest son
to whom all of an estate's real property was due under
the system of primogeniture. HOWEVER, I don't think
this is quite correct. Another definition here
http://www.dsf-dfs.com/en-CA/_Utilitaires/Glssr/GlssrGHI.htm#HeirsatLaw

says Individuals who have a right, in law only, to the estate of a
relative who dies without a will.

Primogeniture: Old common law system of inheritance whereby the
eldest son inherits the father's property excluding all other sons
or daughters.

This definition is from a commercial title insurance company
web page http://www.ctgtn.com/glossary

Tenants in Common - two or more persons own the property, with no
right of survivorship. If one dies, his interest passes to his
heirs, not necessarily the co-owner.

I'm thinking Henry Phelps Sr is the father of the minor children,
and he owned this land as a tenant in common with Eliza, Jacob
Jordan & Nehemiah. Now that he is dead, they want to re-divide the
property between the first 4 listed, and the minor children.

So no, I don't think the first 4 are siblings of the deceased. I
think they are more likely to be the siblings or other relatives of
the deceased, Henry Sr. who along with these other 4 inherited this
land from another deceased relative.

See if you can find the final division of the property. According to
this book, *those records will often show the names, addresses &
relationships of all heirs or those who benefited from the final
distribution*

Where is Washington County? Each state has slightly different
probate laws, so if you can tell us which state, we can find out
what their rules are concerning inheritance when someone dies
without a will.

Lisa

"Lisa Lepore" <llepore@xxxxxxxxxxx>
.

Relevant Pages

  • Re: Opinion Needed On Relationships Stated In A Deed
    ... H. Phelps and Nehemiah Phelps, "show your Worships that they are ... Ambrose, Jacob Phelps, Jordan Phelps and Nehemiah Phelps as siblings ... or if they are siblings (or other relatives) of the ... Old common law system of inheritance whereby the ...
    (soc.genealogy.methods)
  • Re: Opinion Needed On Relationships Stated In A Deed
    ... H. Phelps and Nehemiah Phelps, "show your Worships that they are ... heirs at law of Henry Phelps, ... Same for the term "tenants in common" This question might be ...
    (soc.genealogy.methods)
  • Fred Phelps Fax Machine Antics
    ... Phelps and his Westboro Baptist church are best known ... What can I do to protect my employer and his family ... Unfortunatly, Nina, I do not think Sweden has any law on its books ...
    (comp.dcom.telecom)
  • Re: Westboro Baptist Church thanks God for North Dakotas flooding
    ... entirety of Westboro Baptist are relatives of Phelps). ... piss off the wrong people and end up either full of holes or beaten to death ...
    (rec.radio.shortwave)
  • Re: Man wins case against funeral protesters (ie Phelps)
    ... Regardless of that (and I suspect that your scenario may happen soon; ... there's only so much stress grieving relatives can handle after a ... and having to deal with frothing loonballs at the funeral site is a ... call Phelps ...
    (talk.origins)