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Heir or not?

Posted: 6 Nov 2014 2:59AM GMT
Classification: Query
This may not be the correct forum, but is the closest I could find to what I needed.

I recently found the probate records for my 3rd great-grandfather and have a general question as to his heirs.

This man had 4 daughters, I'll refer to them as A, B, C, and D. "A" apparently predeceased him; "B" and "C" were living at the time he died and "D" was born 6 months after his death. The early documents in the probate file list his heirs as his widow and the daughters "B" and "C" who were living at the time of his death.

By the time the estate was finalized 3 years later, daughter "B" had died. His heirs then were listed as the widow, daughter "C" and daughter "B (deceased)". How can the deceased daughter still be considered an heir and daughter "D", born after his death and still very much alive, is not even mentioned? Is it because she was born after his death?

If it makes a difference, he died in 1851 in St. Louis, Missouri.

Re: Heir or not?

Posted: 6 Nov 2014 4:11AM GMT
Classification: Query
I'm not familiar with 19th century Missouri law, but in general, if someone died and left a will, the estate would be divided based on the terms of the will. If the will specified the heirs by name and didn't list the unborn daughter, then it is possible that she would be excluded, unless the law required otherwise. To avoid this, a will would usually explicitly address how to handle an unborn child.

If there was no will, then the estate would be divided according to how the law provides.

As for the daughter who died shortly after his death, her status as heir doesn't depend on how long she lives. If she died before her father's estate was settled, then her inheritance would pass to her own estate.

Steve

Re: Heir or not?

Posted: 11 Nov 2014 2:48PM GMT
Classification: Query
Thanks, Steve.

In this case, he died without a will, and the daughter who died was unmarried at her death. I was more curious than anything. Daughter "B", the surviving daughter who is listed as an heir, is my ancestor.

Jamie
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