Madison County Mississippi

Petition for Dower
Tabitha Hill, Widow & Relic of Elijah Hill
~ 27 June 1815 ~

Copyright © 2003, Fred Smoot. All Rights Reserved.


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To the Honorable, the Justices of the County Court, in the County of Madison in the Mississippi Territory --
       The petition of Tabitha Hill, widow and relic of Elijah Hill, late of the County and Territory deceased humbly complaining, Herewith unto your Honors, that she, the Petitioner, became the lawful wife of him, the said Elijah Hill about six years ago, and as such continued to live with him the said Elijah Hill until the 27th day of September 1814. When he, the said Elijah departed this life in the county and territory aforesaid, having your petitioner, his widow and relic and two children the issue of their said marriage.
       Your petitioner further states to your Honors, that her said husband was, during his lifetime entitled to and possessed the following tracts or parcels of land in said county, to which the said petitioner has and did not relinquish her right of dower, according to the provisions of the Statute in such cases made and provided to wit one Fractional section of No. 26 -- alias 36 in Township three Range two east of the meridian and containing , as your said petitioner has been informed and believes, about three hundred and ninty four acres and also one other tract of or parcel of land situated as your petitioner has been informed and believes in Section of No. 27 in the Township & Range aforesaid and containing about forty acres -- in all which said land by virtue of the premises your sad Petitioner claims her dower; and prays your Honors that the same, together with her portion of the personal estate, of which her said husband Elijah Hill decd possessed, may be allotted & set off to he -- Your said petitioner, according to the provisions of the Statute in such cases made and provided. Trusting the premises will receive the due consideration of Your Honors, Your petitioners as in duty bound will ever pray.
Tabitha Hill
widow & relic of Elijah Hill decd.

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[Dockets on cover of document:]

Elijah Hill deceased
Petition for Dower
Widow & relic of Elijah Hill

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Served a copy of the
within on
Able Hill
June 27 1815
Thom.. Mc__oom DS

Serve a copy on
Able Hill Admr
of Elijah Hill decd.

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Notes:
       “Tabitha Hill, widow and relic of Elijah Hill” is petitioning (not suing) in the County Court, County of Madison, Mississippi Territory, for her dower rights. According to her petition, she brought into the marriage two tracts of land, “to which the said petitioner has and did not relinquish her right of dower, according to the provisions of the [Territory of Mississippi] Statute.”
       When Tabitha married Elijah Hill, she gave up her ownership of the two tracts of land -- but still maintained her dower rights. Upon Elijah’s death she could petition for “her right of dower” (sometimes called “widow's share”) which is commonly a one-third share. The other two-thirds would be held for her two minor children. It is important to note that Tabitha is not asking for the two tracts of land to be transfered back to her.
       The named Administrator, Able Hill, would handle the affairs of the estate since women were generally excluded from representing themselves in court.




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