Our First Packer Ancestor to come to the New World
Terry Packer is our guest blogger for a series of five posts telling the story about the research and acquisition of an early land transfer document signed by his ancestor.
Part 5 - EQUAL RIGHTS
The similarity in quill, ink application and writing style between the examples of "berry" and "Rachel" in Dr. Packer's certification and "Rachel" and "berry" in the execution, suggests they are all in Dr. Packer's hand. But is there a reasonable explanation why this should be so?
In the 17th century while widows and single women could own property in their own names, property ownership within a marriage was vested in the husband. Husbands were required to get their wife's consent under certain conditions, especially to transact property which she brought to the marriage. But that was clearly not the case here as Joseph attests he acquired the land from his father. And a strict reading of our document reveals it to be an act of Joseph Berry ONLY. He alone attests he is making this gift to his son, therefore he alone would have been required to execute the document.
What we see can be explained if, consistent with its text, the document was originally executed only by Joseph. It was nearly three months later when Dr. Packer attested that Joseph and Rachel BOTH appeared before him and that it was THEIR "voluntary and free act". So not only was Rachel present at the certification but Dr. Packer determined she had a rightful interest in the transaction which should be formalized.
Dr. Packer then prepared Rachel's execution writing "Rachel Berry" (correctly spelled) and, unlike the other initialed signatures, included the proper formalities of writing "her" and "mark" and designating a specific space for Rachel to insert it.
Without having been in the room it is not possible to know with certainty that this was the sequence of events. But the argument is certainly to be made that not only was Dr. Packer scrupulously accurate in carrying out his official duties, but at an unusually early time in colonial history he insisted that Rachel's interest in the real property of their marriage be certified.
