Women and Inheritance in the late 1800s

By Susan G Mathis

The late 19th century was a transformative period for women in the United States and Canada, particularly regarding their rights and roles in society. One significant aspect of this evolution was the question of inheritance.

In 1890, the legal landscape surrounding women’s inheritances was fraught with challenges and restrictions, reflecting broader societal attitudes about gender, property, and autonomy. The laws
were largely influenced by common law and state statutes. Traditionally, laws favored men, granting them greater control over property and inheritance rights. Under common law, inheritance was primarily a male-dominated system. When a man died, his estate would typically pass to his sons, and if there were no sons, it would go to male relatives. Daughters were often considered secondary heirs, and their inheritance was limited.

The mid-19th century saw the introduction of Married Women’s Property Acts in several states, which aimed to give married women some control over their property and inheritance. Before these acts, when a woman married, her property would typically be transferred to her husband, leaving her with little legal standing. By 1890, many states had enacted these laws, allowing married women to inherit property and retain control over their own finances. However, the extent of these rights varied significantly by state.

Dower rights were another legal concept that affected women’s inheritance. These rights provided a widow with a portion of her deceased husband’s estate, typically one-third, for her lifetime. However, this provision did not grant her full ownership or control, and it often only applied if the couple had children. If a woman was unmarried or had no children, her dower rights could be severely limited.

In 1890, societal attitudes played a significant role in shaping women’s inheritance rights. The prevailing belief was that men were the primary breadwinners and decision-makers, while women were expected to focus on domestic duties. This view limited women’s access to financial independence and property ownership. Women were often seen as dependent on their fathers or husbands for financial security. This dependency reinforced the notion that women did not need to inherit property, as their economic needs were expected to be met by male relatives.

The late 19th century marked the beginning of organized efforts to secure greater rights for women, including inheritance rights. The suffrage movement, which gained momentum in the 1890s, brought attention to various aspects of women's rights, including property and inheritance. Activists worked tirelessly to challenge existing laws and promote equality.

Understanding the history of women’s inheritance rights in this era helps us appreciate the ongoing struggle for gender equality and the progress that has been made since then. Julia’s Joy addresses some of these rights…and more.

Have you ever received an inheritance? Leave your answer or comments on the post below and join me on February 19th for my next post.

ABOUT JULIA’S JOY

Book 2 of the Love in a Lighthouse series:

When Julia Collins reluctantly sets foot on Sister Island, compelled by her grandmother’s will, she is intent on claiming her inheritance and moving on. But when she experiences the faith-filled island life and connects with the handsome lightkeeper, William, Julia finds herself confronting her open wounds from her parents’ deaths. Between a past betrayal and his chronic pleurisy, William Dodge, lightkeeper of Sister Island, wants nothing to do with love. But Julia turns his world upside down. But just as love begins to blossom between them, Julia is faced with a tempting proposal from a prominent Brockville family. Will she succumb to societal expectations or choose the richness of her island life and the love of the steadfast lightkeeper?

ABOUT SUSAN:

Susan G Mathis is an international award-winning, multi-published author of stories set in the beautiful Thousand Islands in upstate NY. Susan has been published more than thirty times in full-length novels, novellas, and non-fiction books. She has thirteen in her fiction line. Susan is also a published author of two premarital books, stories in a dozen compilations, and hundreds of published articles. Susan lives in Colorado Springs and enjoys traveling the world. Visit www.SusanGMathis.com/fiction for more.