Elizabeth Rogers (Dale) (c.1654 - 1674) Icn_world

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Birthdate:
Birthplace: Lancaster, VA, USA
Death: Died in Lancaster, Virginia, United States
Managed by: Sandi Kerr
Last Updated:
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Immediate Family

About Elizabeth Rogers (Dale)

http://tao221.wordpress.com/9-estate-sale-elizabeth-dale-rogers-daughter-of-diana-skipwith-dale-elizabeths-twelve-pence/

“I give unto my daughter Elizabeth now wife of William Rogers twelve pence in full of all claimes whatsoever.”

These words from Edward Dale’s will proved 11 Mar 1695/6 in Lancaster Co., VA have puzzled genealogists for decades. Such clauses, like deeds of conveyance, can be used for a variety of purposes. A claim is: To make a demand for money, property, or for enforcement of a right provided by law. This clause is a form of “estoppel,” which terminates a claim (like a quit-claim deed). During this period, it was illegal to challenge a will after probate. This clause would have no effect against a will or block inheritance under a will.

It’s the only clause in Edward Dale’s will without a qualifying phrase. Had Edward Dale meant to say “against my estate,” he would have said “against my estate.” Nor did he mention specific property. The purpose of the clause was to prevent Diana (Skipwith) Dale from appropriating some of his personal property upon his demise, and transferring that property to Elizabeth Rogers via an intestate estate. Since real property (land, etc.) required a will or deed to transfer full ownership, Dale was only concerned with personal property. Widows walking off with personal property was a common problem in this era.

Had Diana (Skipwith) Dale not had an heir of her body, her estate would have handled by the county court and the next of kin determined, as was the law of the Colony of Virginia given in Hening 2:91 (see below). Lancaster Co. court minutes prove she had no estate: no one applied for administration or to be qualified as executor. Even had her probate records been lost, the court minutes would still record application for administration or qualification for executor.

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Elizabeth Rogers's Timeline

1654
1654
Lancaster, VA, USA
1674
1674
Age 20
Lancaster, Virginia, United States
1682
1682
Age 20
1697
1697
Age 20
Lancaster, Virginia, United States
1997
March 26, 1997
Age 20
October 24, 1997
Age 20
1998
March 13, 1998
Age 20
????
3/12/16777-1678