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Gendered Testamentary Customs in Western Massachusetts

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Gendered Testamentary Customs in Western Massachusetts University of Massachusetts Amherst ScholarWorks@UMass Amherst Doctoral Dissertations 1896 - February 2014 1-1-2001 Women, men, property, and inheritance : gendered testamentary customs in Western Massachusetts, 1800-1860 : or, diligent wives, dutiful daughters, prodigal sons, westward migration, reciprocity, and rewards for virtue, considered. Glendyne R. Wergland University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/dissertations_1 Recommended Citation Wergland, Glendyne R., "Women, men, property, and inheritance : gendered testamentary customs in Western Massachusetts, 1800-1860 : or, diligent wives, dutiful daughters, prodigal sons, westward migration, reciprocity, and rewards for virtue, considered." (2001). Doctoral Dissertations 1896 - February 2014. 1286. https://scholarworks.umass.edu/dissertations_1/1286 This Open Access Dissertation is brought to you for free and open access by ScholarWorks@UMass Amherst. It has been accepted for inclusion in Doctoral Dissertations 1896 - February 2014 by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. WOMEN, MEN, PROPERTY, AND INHERITANCE: GENDERED TESTAMENTARY CUSTOMS IN WESTERN MASSACHUSETTS, 1800-1860 Or, diligent wives, dutiful daughters, prodigal sons, westward migration, reciprocity, and rewards for virtue, considered. A Dissertation Presented by GLENDYNE R. WERGLAND of Massachusetts in partial Submitted to the Graduate School of the University fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY February 2001 Department of History ®Copyright by Glendyne R. Wergland 2001 All Rights Reserved WOMEN, MEN, PROPERTY, AND INHERITANCE: GENDERED TESTAMENTARY CUSTOMS IN WESTERN MASSACHUSETTS, 1800-1860 A Dissertation Presented by GLENDYNE R. WERGLAND Approved as to style and content by: Bruce Laurie, Chair -j Barry l^vy, Me Kathy Peiss, Member Alan Swedlund, Outside Member Anthropology Department Kathy Peiss, Chajir History Department ACKNOWLEDGMENTS In more or less chronological order, I want to thank those who made this study possible. First, my husband, Gerry Wergland, was kind enough to relieve me of the necessity of supporting myself during my years as an undergraduate and graduate student. Without that sort of financial aid, I would never have made it through school. He also took on household chores after our last daughter left home, so I didn't have to fold his laundry, clean up the kitchen after supper, or vacuum. (I will admit, however, that because vacuuming has always enraged me, after several pieces of furniture and one wall fell casualties to my vacuuming, Gerry may have felt obliged to vacuum in terms of economic self-protection. But he also walked the dog complained. Well, almost when I had to leave for a very early class, and he never never. of The next person in line for my thanks is Jane Crosthwaite, professor end of my senior thesis, religion at Mount Holyoke College, who suggested near the school. I had an outgrowth of her Shaker seminar, that I should go to graduate that gate for me, and I will be literally never considered the possibility. She opened Holyoke gave me a grant ever grateful for her encouragement. Furthermore, Mount -- a real boon as well as a needed vote of to support my first year of graduate study confidence. University of Massachusetts Amherst history I am also grateful to the of age. Furthermore, I could afford department for not excluding me on the basis my generosity in providing research and graduate school only because of UMass's iv teaching assistantships. In addition, Mount Holyoke awarded a graduate study grant, for which I am truly grateful. At UMass, Bruce Laurie accepted me as an advisee in spite of his own heavy load, and maintained his equanimity when I walked into his office with no ado and announced that I had figured testation rates, or asked an obscure question, then drifted out again, or repeatedly theorized on the meanings of outmigration. His focus was and is remarkable, and I appreciate his help as an editor. Any remaining errors are mine alone. Barry Levy provoked me to think about families in ways that I never intended. He forced me to question the function of families, the hierarchy of family members, and the varying degrees of fathers' patriarchal control. And then there was Kathy Peiss. Her graduate seminar on gender provoked me into seeing the gendered patterns in testamentary customs. And she has reminded me that though I study the nineteenth century, I actually live in the twentieth. Her good humor has been a boon to my perspective. Joyce Berkman lectured on nineteenth-century women just as my dissertation outline was taking shape, and her thought-provoking lectures, as well as our students' questions, forced me to re-examine preconceptions and misconceptions about women Joyce's class as I did. Joyce and autonomy. I hope our students got as much out of encouraged me when I needed it most. UMass also provided an outstanding library with excellent staff in the loan and government documents. departments I used most, including interlibrary Bill Thompson, in the They saved me hours and days of searching for sources. Government Documents department, cheerfully met my requests for elusive V Massachusetts sources, even bringing one back from Boston on one occasion. The Berkshire Athenaeum's local history staff, beginning with Ruth Degenhardt, were helpful beyond the mandates of professionalism, and to them I owe my gratitude. Their interest in the history of women spurred me on when my own interest flagged. I also want to thank my parents and my daughters: my parents, whose testamentary examples prompted me to think about what bequests mean to the survivors; and my daughters, whose existence forces me to consider my own testamentary assumptions. In addition, both daughters briefly served as my research assistants, learning thereby the joys of reading in old dust. vi ABSTRACT MEN, WOMEN, PROPERTY, AND INHERITANCE: GENDERED TESTAMENTARY CUSTOMS IN WESTERN MASSACHUSETTS, 1800-1860 FEBRUARY 2001 GLENDYNE R. WERGLAND, B.A. MOUNT HOLYOKE COLLEGE 1992 M.A. UNIVERSITY OF MASSACHUSETTS AMHERST 1995 Ph.D. UNIVERSITY OF MASSACHUSETTS AMHERST 2001 Directed by Professor Bruce Laurie This study uses probate records to explore gender patterns in testamentary customs from 1800 to 1860 as well as heretofore-unexamined shifts in testamentary relationships between men and women in the mid- 1800s. In western Massachusetts, beginning in the 1830s, fathers favored wives and daughters over sons as their primary beneficiaries. This finding counters conventional wisdom that nineteenth-century fathers preferred to bequeath property to sons. Fathers' favoring wives and daughters as heirs, plus increasing numbers of "sole and separate" bequests to women, indicates that men protected women with bequests well before the passage of Married Women's Property Acts in the 1840s and 1850s, so this cultural change predated changes in the law. One possible explanation for favoring heirs emigrating, female beneficiaries is that sons were devaluing themselves as by thereby making themselves unavailable for supporting widowed mothers and already made dependent sisters. Another explanation might be that fathers had female heirs. A less premortem land grants to sons, reservmg only the residue for fathers may have had rising quantifiable possibility is that propertied and prudent vii respect for women at a time when men's character issues such as debt and drinking were a target of public concern. "Sole and separate" bequests, which protected married women's property from husbands and husbands' creditors, suggest that men's debt and/or character were primary areas of willmakers' concern. This evidence, along with declining bequests of dower thirds, shows that men challenged socioeconomic traditions to benefit female heirs. If it is true, as Marylynn Salmon asserts, that "control over property is an important baseline for learning how men and women share power in the family," then testators were engaged in a redistribution of power in western Massachusetts from 1830 to 1860/ Finally, because women favored female heirs from 1800 to 1860, property women acquired tended to remain in women's hands, and because many women served as moneylenders in small towns where creditors were often individuals, women wielded economic influence behind the scenes. Early America (1986), » Marylynn Salmon, Women and the Law of Property in viii TABLE OF CONTENTS ACKNOWLEDGMENTS iv ABSTRACT vii LIST OF CHARTS xii LIST OF TABLES xiii LIST OF ILLUSTRATIONS xiv LIST OF ABBREVIATIONS xvi INTRODUCTION 1 Historiography 6 Men Favored Female Beneficiaries 1830-1860 22 Landscape 27 Demography 30 PART ONE: TESTAMENTARY PHILOSOPHY, 1800-1860 40 Chapter L DISTRIBUTIVE JUSTICE: A GENDERED CONCEPT 41 Testamentary Philosophy Overviewed 41 The Phenomenon of "Heretofore Received" or "Already Got" 46 Gender in Accounting Heirs' Portions 55 "Setting-Out" Gifts Bequests to Caregivers ^J- Proximity Counted LIFETIME 75 2. BEQUESTS FOR A BENEFICIARY'S 75 Testamentary Provisions for Lifetime Estates 78 Dower Law Dower »4 Men's Bequests of Lifetime Estates: More than IX Men's Bequests of Lifetime Support 86 Men's Supplications for Tenderness, Care, Peace and Harmony . 89 House Rights and Mandated Parameters 92 Testatrices' Provisions for Lifetime Estates 99 Wives' Bequests of Life Estates 99 Widows and Spinsters' Bequests of Life Estates 102 Grandchildren: Ultimate
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