Peter Truitt: An Analysis of his will made 4 January 1790, Sussex, Delaware

The words, my four small children" and the statement "my desire that they may divide peaceably and quietly and have no disputes" suggests Peter's widow, Betty, may be his second or third wife.

Direct evidence supporting this assertion is found in the probate case file, opened for Betty Truitt, February 1796, when Adam Short paid an administration bond on her estate, inventoried her personal property, and distributed the proceeds of her estate to her heirs, John, Charlotte, Lovey and Leah (deceased). Peter Truitt's seven adult children did not share in the proceeds of Betty's estate. If Betty was the mother of Peter's elder children, not only, is it reasonable, one of them would administer "their mother's" estate, but also logical, Betty's estate would be distributed among Peter's eleven children.

There is a clear delineation between the guardianship of Peter's "four small children", overseen by Adam Short and the administration of Peter's estate, by his sons, William and Tatman Truitt. The clustering, suggests a blended family. William Truitt, assumed the guardianship of his youngest half-brother, John Truitt, following the death of Adam Short, 1799.

Indirect evidence Peter may have been married a few times, is the curious grouping and description of his sons. James and Tatman are clearly defined as brothers but not in relation to William and John. Peter devises two plantations to James and Tatman jointly, to be divided equally. Peter anticipated William may not produce lawful heirs and made James and Tatman, heirs of the land devised to William. In deed of sale, 1795, William Truitt, from James and Tatman, the brothers renounce their right of inheritance to land devised William and refer to William as their "well-beloved friend."

While Peter Truitt's final testament, expresses his desire for the next generation to carry on the customs and traditions of the family, Peter's four sons, abandoned the multigeniture model, by divesting themselves of their real estate holdings. Multigeniture was likely the catalyst for Levin Coverdale contesting Peter Truitt's will. Coverdale, husband of Mary Truitt, was in possession of "an old tract of land", probably Level Meadow, working and improving the land in the belief he would receive that land in the future. William Perry Esq. represented Coverdale in his suit against the Executors and Legatees of Peter Truitt deceased, but, it was decreed the will "be confirmed and established forever" and Coverdale pay the legal costs of the defendants.

Alston, Lee J., and Morton Owen Schapiro. "Inheritance Laws Across Colonies: Causes and Consequences." The Journal of Economic History 44, no. 2 (1984), 280. "Multigeniture provided motivation for family farm labour; cheaper under multigeniture since each child, knowing that he or she will receive a share of the assets in the future, has an incentive to work toward improving the estate. The larger the estate and the fewer number of siblings, the greater is the motivation to work hard. Even in large families, however, the free rider problem is minimised by the threat of disinheritance." http://www.jstor.org/stable/2120705

 

© Sarah Baird, “Analysis of Peter Truitt's will made 4 January 1790 and probate records”, 2022.