Women and PropertyBy Connie LenzenAn article published in the 20 November 2004 issue of the Vancouver Columbian. |
On June 19, 1816, in Hartland, Vermont, a deed was prepared. It divided up the estate of the late Ebenezer Gould between his sons and daughters. Betsey Gould's share was described as "beginning at the SW corner of John Gould's share, South 86 degrees East 80 rods to a stake and stones, thence North 32 1/2 degrees East 8 rods to a stake and stones, thence North 88 degrees west to said road [Turnpike Road], thence on said road to the place of beginning." It contained two acres, 2 roods, and 2 rods.
In Vermont and other original colonies, land was surveyed by metes and bounds. The survey would begin at a corner and then to a tree or pile of stones or other landmarks to the point of beginning. A rood is a unit of measurement equal to 1/4 of an acre. A rod is 30 1/4 square yards.
On February 11, 1819, Aaron and Betsey Spencer of Hartland, sold to Rodalphus Whitney of Woodstock "a piece of land in Hartland . . . being part of the farm [of] Ebenezer Gould late of said Hartland. . . Beginning at a stake and stones standing on the East side of the Windsor to Woodstock Turnpike Road . . . thence south 86 degrees East on said John Gould's share 80 rods to Joseph Bryants land, thence North 32 1/2 degrees East on said Bryant's land 8 rods to the SE corner of Lydia Gould's share, thence Westerly on said Lydia's share." It contained two acres, 2 roods, and 2 rods.
The two deeds clearly are describing the same piece of land. No marriage record can be found for the Aaron and Betsey, but the deed is proof of the marriage.
In colonial days, a married woman held a status called coverture, also known as "femme covert." She was essentially a non-person except for her dower right to one-third of her husband's property. A husband could sell his wife's property as if it were his own. In the 1819 deed, as in other colonial deeds, the wife is named, and she would give permission for the sale of land. However, the husband was considered the legal owner.
A couple of useful books covering colonial rights are Marylynn Salmon's Women and the Law of Property in Early America and Carole Shammas and Marylynn Salmon's Inheritance in America from Colonial Times to the Present.
A website with definitions of measurements is at: http://obslab.whoi.edu/~juan/units.htm.
© 2004–2009
Connie Lenzen, CG
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