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Inheritance -- 1756 -- Maryland

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singhals

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Nov 7, 2009, 8:16:39 PM11/7/09
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Is it legally possible for a man who died in 1756 in Maryland to
inherit anything from his father, whose Will was written in 1780 and
probated ca 1790 in Maryland?

Does it matter that the d 1756 man is not mentioned, nor are his
survivors, in that 1780 Will?

Thanks.

Cheryl

singhals <sing...@erols.com>

Fred McKenzie

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Nov 11, 2009, 2:31:44 PM11/11/09
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In article <hd565n$e2e$1...@askin-17.linkpendium.com>,

> Is it legally possible for a man who died in 1756 in Maryland to
> inherit anything from his father, whose Will was written in 1780 and
> probated ca 1790 in Maryland?
>
> Does it matter that the d 1756 man is not mentioned, nor are his
> survivors, in that 1780 Will?
>

> Cheryl Singhals <sing...@erols.com>


Cheryl-

You need a lawyer!

If the Father was not aware of the Son having children, he might not
have mentioned them in his will. It seems to me that during the
probate process, the Son's survivors might contest the will, since
they would also be survivors of the Father.

Fred

(A related question: Is it legal for a man to marry his widow's
sister?)

Fred McKenzie <fm...@aol.com>

Patrick Eagan

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Nov 12, 2009, 12:32:51 PM11/12/09
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> (A related question: Is it legal for a man to marry his widow's
> sister?)
>
> Fred McKenzie <fm...@aol.com>


My maternal grandfather married his wife's sister after his
wife's death. This was in New York in 1916.

Padraic

Gene Y.

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Nov 12, 2009, 12:33:31 PM11/12/09
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> (A related question: Is it legal for a man to marry his widow's
> sister?)
>
> Fred McKenzie <fm...@aol.com>


Actually the answer would be yes. But only if he were a very devout
member of the Vodun religion.


--
Gene Y.

"Gene Y." <n2...@cfl.rr.com>

Huntersglenn

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Nov 12, 2009, 3:28:19 PM11/12/09
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> (A related question: Is it legal for a man to marry his widow's
> sister?)
>
> Fred McKenzie <fm...@aol.com>


I've got a collateral line where the man married his wife's sister
and a great-uncle who married his wife's step-mother, and another
great-uncle whose daughter from his first marriage married his
second wife's son.

But, to answer your question a bit more fairly - it would probably
depend on when and where this marriage happened (or where they
wanted to get married). I'm sure that at certain time periods, in
certain parts of the world, it would be illegal, while being legal
in other parts of the world. Look at all the uproar caused not when
Henry VIII married his brother's widow, but when he went to divorce
her on the grounds that the marriage had not been legal in the first
place (his marriage to Catherine, not his brother's marriage to
her).

Cathy

Huntersglenn <hunter...@cox.net>

Michael Reich

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Nov 13, 2009, 1:30:36 PM11/13/09
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> > (A related question: Is it legal for a man to marry his widow's
> > sister?)
> >
> > Fred McKenzie <fm...@aol.com>
>
> My maternal grandfather married his wife's sister after his
> wife's death. This was in New York in 1916.
>
> Padraic, Patrick Eagan


Ok this old joke has gone on too long! The answer is no; if the
man has a widow, he's deceased, so he can't marry anyone. :-D

Michael Reich <mare...@yahoo.com>

singhals

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Nov 13, 2009, 1:42:55 PM11/13/09
to

> In article <hd565n$e2e$1...@askin-17.linkpendium.com>,

>
> > Is it legally possible for a man who died in 1756 in Maryland to
> > inherit anything from his father, whose Will was written in 1780 and
> > probated ca 1790 in Maryland?
> >
> > Does it matter that the d 1756 man is not mentioned, nor are his
> > survivors, in that 1780 Will?
> >
> > Cheryl Singhals <sing...@erols.com>

>
> You need a lawyer!
>
> If the Father was not aware of the Son having children, he might not
> have mentioned them in his will. It seems to me that during the
> probate process, the Son's survivors might contest the will, since
> they would also be survivors of the Father.
>
> Fred McKenzie

>
> (A related question: Is it legal for a man to marry his widow's
> sister?)


Thanks, Fred.

Since Father and sons all lived less than 3 miles from one another
and saw one another daily, Father knew.

Enough people are unmentioned in the Father's Will to establish a
pattern and that pattern is perfectly (a) legal and (b) reasonable.

(Assuming, rashly, that a man who has a widow can marry anyone at
all, the answer would depend on when and where -- UK, France, India,
Japan, Egypt and the US don't share the same laws. For that matter,
ancient India, Japan, and Egypt don't share laws with their modern
counterparts.)

Cheryl

singhals <sing...@erols.com>

Fred McKenzie

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Nov 14, 2009, 11:41:08 AM11/14/09
to

> Since Father and sons all lived less than 3 miles from one another
> and saw one another daily, Father knew.
>
> Enough people are unmentioned in the Father's Will to establish a
> pattern and that pattern is perfectly (a) legal and (b) reasonable.
>
> Cheryl Singhals <sing...@erols.com>


Cheryl-

I apologize for the trouble my little joke caused! Some of the
responses were interesting in their own right.

My response to your question was somewhat trying to make sense of
it. Yes, the will was probably legal and reasonable. However, it is
still possible that it was contested during probation. I don't
think a deceased son can legally inherit anything, but perhaps his
living heirs can. As you say, it depends on when and where.

If you have information that suggests that survivors who weren't
mentioned in the will, actually inherited anything, I wonder if
there is a case of mistaken identity? Perhaps two people with the
same name died. Since the Son died 24 years before his Father's
will was written, there could be two parallel lines of different
families. Or, could the Son's descendent have been named the same?

Fred

Fred McKenzie <fm...@aol.com>

singhals

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Nov 20, 2009, 4:34:22 PM11/20/09
to

> > Since Father and sons all lived less than 3 miles from one another
> > and saw one another daily, Father knew.
> >
> > Enough people are unmentioned in the Father's Will to establish a
> > pattern and that pattern is perfectly (a) legal and (b) reasonable.
> >
> > Cheryl Singhals <sing...@erols.com>

>
> I apologize for the trouble my little joke caused! Some of the
> responses were interesting in their own right.
>
> My response to your question was somewhat trying to make sense of
> it. Yes, the will was probably legal and reasonable. However, it is
> still possible that it was contested during probation. I don't
> think a deceased son can legally inherit anything, but perhaps his
> living heirs can. As you say, it depends on when and where.
>
> If you have information that suggests that survivors who weren't
> mentioned in the will, actually inherited anything, I wonder if
> there is a case of mistaken identity? Perhaps two people with the
> same name died. Since the Son died 24 years before his Father's
> will was written, there could be two parallel lines of different
> families. Or, could the Son's descendent have been named the same?
>
> Fred McKenzie <fm...@aol.com>


Don't sweat it, Fred.

I need to decide whether my informant is giving me an exact quote
from a legal document or if someone somewhere has "simplified" it
for convenience. The key to that was a statement that X had
inherited land from FatherX who had inherited it from HIS father. I
am quite comfortable that X had a legal right to the land and that
right descended from FatherX's death. I am NOT comfortable that
FatherX "inherited" it from his father, who was still living with
FatherX died.

This determination is necessary to facilitate analysis of OTHER
parts of my informant's information.

Cheryl

singhals <sing...@erols.com>

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