Women’s Property Rights in the Early 1700s?

by lactylate

My Mom and I are having a debate so I was hoping to have some historians weigh in. Essentially what we’re curious about is this: If there is an old couple living in America in the early 1700s with no children or close relatives and the husband dies, is the woman allowed to take ownership of the farm/property? Are there special considerations in this case? Is there historical precedent for widows to be able to maintain their own property after the death or in the abscence of a husband? Thanks!

mimicofmodes

Actually, yes, widows were allowed to take possession of their deceased husbands' property. In being widowed, a woman was reverting back to being a feme sole with the right to own property. However, among the really propertied classes, there was usually a mechanism in the husband's will or in the marriage settlements to ensure that property would stay in the family, with the widow only having a life interest. There's a past answer here on inheritance (in the early 19th century, but it's the same deal) by /u/Athena_Laleak with a followup by me that gets into the details.

You might also be interested in looking up the book The Widows' Might: Widowhood and Gender in Early British America by Vivian Bruce Conger. It addresses how people felt about remarriage, how widows stood in relation to the law and commerce, and their places in families and communities.