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This collection of wills did not overlook women. Wills provided generously for widows in all cases over and above the right-of-dower, which was one-third of both the real and personal estate of their deceased husbands. Twelve widows, five of whom had minor children, received control of all or a portion of their husband's property for their natural life, a control which lasted an average of 14 years. Wives routinely became executors of their husbands' estate and guardian or co-guardian of any minor children. Those who did not receive control of property were generally to be provided for at a certain level determined by their sons. George Ogilvie who died in 1843, willed his wife his dwelling house, the garden before the door, and a corner of the farm. He also ordered his son William (who inherited the farm) to provide his mother in lieu of her dower, if she agreed, with $25 per annum and the privilege of keeping one cow and six sheep with his livestock.18 While arrangements like this did make these women moderately dependent upon their sons, the specifics of the will enabled them to take legal action if the sons failed to meet their obligations. Men did leave property to their daughters, both married and single, in their own right. In 1847, Alexander Campbell left small bequests to each of his children, but left the bulk of his estate to his daughter Jean who cared for him in his old age.19
Those who died childless, without exception, left their property to blood relatives. John and Elizabeth Calder, who died without issue in 1830 and 1842 respectively, are excellent examples.20 John left his property to Elizabeth for her natural life, and monetary bequests to his sister Ann, his sister Isabella and her children, and his half-sisters Ellen and Isabella. Upon Elizabeth 's death the land went to the children of John's brother Alexander. Elizabeth Calder, on the other hand, left her property to her sisters and their families who had remained in Scotland and to her niece and nephew, Isabella and John McDonald.
The recognition of nephews and nieces as primary heirs became especially important as land in the Settlement became scarce in the 1840s and 1850s, as shown by the McPherson family. Andrew McPherson, who immigrated in 1802, had four sons, but only owned one farm. Andrew's brother Malcolm never married and had no children. The solution reached by this family was to establish Andrew's elder sons, Evan and Alexander, on farms of their own, which was possible in the mid to late 1820s when land was still readily available. How much help these sons received is uncertain but they received smaller cash bequests than their sisters did at their father's death. Andrew left his farm to his son Malcolm, and Malcolm left his farm to his nephew Andrew. This arrangement was probably of long-standing as the nephew Andrew, who married in 1834, was living with his uncle by 1840.21
These patterns, revealed by this small collection of wills, reveal the importance of land and family to this community. The inclusion of all children in the wills and the favoring of blood relatives emphasized the importance of the family, not only as seen in Scotland , but also as seen in the networks that facilitate migration. In Scotland , it was not unknown for women to take over the leases of their deceased husbands; and in Ohio , the granting of a farm to the widow for life is simply a continuance of this practice. Provisions in the wills for widows and daughters suggest that these women were held in esteem and valued by their husbands and fathers. This is not to say that they were treated equally, but perhaps that their contributions to the success of the family farm were thus recognized.
