ABSTRACT

Most of the marriage settlements which are glimpsed in probate accounts were concerned with the bride's property rights in her widowhood, but these were not called 'jointure' or 'dower', and they did not take the form of either a cash annuity or lands for her life. She therefore had complete control over it, as she would not over a lifetime arrangement. In the case of fathers who did not make a will, the 1670 Act for the Better Settling of Intestates' Estates required that any person having charge of an estate for the benefit of minor children was required to give bonds for the children's portions. The language of the Act is neutral. The deed, witnessed by four men, was in standard form that is, enforced by a payment to Katherine, which would be cancelled when Boyne fulfilled the conditions of the obligation on her children's behalf.