Hening's Statutes at Large

===========================================================

303

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.

CHAP. XLVII.

An	Act to confirm and establish an agreement made between John New and Benjamin Harrison, gentlemen, for the settlement of their respective rights to certain lands; and for other purposes therein mentioned.

I. WHEREAS John Bland, late of London, merchant, deceased, was, in his life time, seised, in his demesne, as of fee, of one tract or parcel of land lying and being in the parish of Westover, in the county of Charles City, containing eight thousand acres more or less, called and known by the name of Kymages, by virtue of a conveyance from Edward Bland, bearing date the twentieth day of March, in the year of our lord one thousand six hundred and seventy four, and by his last will and testament, in writing, bearing date the third day of May in the year of our lord one thousand six hundred and eighty, devised the said eight thousand acres of land, and all his right, title, interest, claim and demand, therein and thereto, to his wife Sarah Bland and Thomas Povey and their heirs for ever, and died so seised, after whose death the said Sarah Bland and Thomas Povey, by their certain deed of feoffment, bearing date the twenty fifth day of March, in the year of our lord one thousand six hundred and eighty one, made between the said Sarah Bland, by the name of Sarah Bland relict, and executrix of John Bland of London merchant, deceased, and Thomas Povey, esq. executor of the said John Bland of the one part, and Edward Bland of Kymages, in the parish of Westover, in the county of Charles City aforesaid, of the other part, for and in consideration of the sum of five shillings, did give, grant, bargain and sell, enffeoff and confirm, unto the said Edward Bland, all that seat, dividend and parcel of land, situate in the parish of Westover, in the county of Charles-City aforesaid, containing by estimation two thousand acres more or less, being part of the said tract of eight thousand acres of land, called and known by the name of Kymages, to be held and enjoyed

Agreement between John New and Benjamin Harrison concerning certain lands confirmed.

===========================================================

304

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


by the said Edward Bland, and such woman as he should be lawfully married unto at the time of his death, for and during the term of their lives and the life of the survivor of them, and from and after their decease to the heirs of the body of the said Edward Bland and to their heirs for ever, by virtue whereof the said Edward Bland entered into the two thousand acres of land aforesaid, with the appurtenances, and thereof was seised and being so seised, departed this life intestate, leaving issue, by Margaret his lawful wife, John a son, and Sarah a daughter, which said Margaret survived the said Edward Bland, and intermarried with Thomas Tanner, and also survived him, and the said John Bland the son of the said Edward Bland also died intestate and without issue, in the life time of the said Margaret, and Sarah his sister and heir at law, entered into the said two thousand acres of land and appurtenances, and became seised in possession of two third parts, and of the reversion of the other third part of the same, expectant immediately upon the determination of the natural life of the said Margaret Tanner, and intermarried with Edward New, late of the county of Charles-City deceased, whom she survived, by whom she had issue John a son, and afterwards intermarried with Alexander Horton, late of Charles-City deceased, and the said Alexander Horton and Sarah his wife, by their certain indenture bearing date the sixth day of February, in the year of our lord one thousand seven hundred and twenty two, for and in consideration of one thousand five hundred and thirty acres of land, situate on Hunting-quarter swamp, in the county of Surry, and fifty pounds sterling money of Great-Britain, did give, grant, exchange, alien, transfer, and confirm, unto Benjamin Harrison, esq. late of the parish of Westover, in the county of Charles-City, deceased, the aforesaid two third parts of the said two thousand acres of land and appurtenances, with the reversion and reversions, remainder and remainders thereof, and also the reversion and reversions, remainder and remainders of the said other third part of the said two thousand acres of land to hold to the said Benjamin Harrison, his heirs and assigns, to his and their only proper use and behoof forever, and afterwards the said Margaret Tanner, by her certain indenture bearing date the sixth day of August, in the year of our lord one thousand

by the said Edward Bland, and such woman as he should be lawfully married unto at the time of his death, for and during the term of their lives and the life of the survivor of them, and from and after their decease to the heirs of the body of the said Edward Bland and to their heirs for ever, by virtue whereof the said Edward Bland entered into the two thousand acres of land aforesaid, with the appurtenances, and thereof was seised and being so seised, departed this life intestate, leaving issue, by Margaret his lawful wife, John a son, and Sarah a daughter, which said Margaret survived the said Edward Bland, and intermarried with Thomas Tanner, and also survived him, and the said John Bland the son of the said Edward Bland also died intestate and without issue, in the life time of the said Margaret, and Sarah his sister and heir at law, entered into the said two thousand acres of land and appurtenances, and became seised in possession of two third parts, and of the reversion of the other third part of the same, expectant immediately upon the determination of the natural life of the said Margaret Tanner, and intermarried with Edward New, late of the county of Charles-City deceased, whom she survived, by whom she had issue John a son, and afterwards intermarried with Alexander Horton, late of Charles-City deceased, and the said Alexander Horton and Sarah his wife, by their certain indenture bearing date the sixth day of February, in the year of our lord one thousand seven hundred and twenty two, for and in consideration of one thousand five hundred and thirty acres of land, situate on Hunting-quarter swamp, in the county of Surry, and fifty pounds sterling money of Great-Britain, did give, grant, exchange, alien, transfer, and confirm, unto Benjamin Harrison, esq. late of the parish of Westover, in the county of Charles-City, deceased, the aforesaid two third parts of the said two thousand acres of land and appurtenances, with the reversion and reversions, remainder and remainders thereof, and also the reversion and reversions, remainder and remainders of the said other third part of the said two thousand acres of land to hold to the said Benjamin Harrison, his heirs and assigns, to his and their only proper use and behoof forever, and afterwards the said Margaret Tanner, by her certain indenture bearing date the sixth day of August, in the year of our lord one thousand

===========================================================

305

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


seven hundred and twenty three, for and in consideration of the sum of thirty pounds lawful money of Great-Britain, and other causes in the said indenture expressed and received, did grant, surrender, assign, and release, the other third part of the said two thousand acres of land and appurtenances, and all the estate, right, title, interest, and possession, of her the said Margaret Tanner, of, in, and to the same, unto the said Benjamin Harrison, his heirs and assigns for ever, by virtue of which said indentures, the said Benjamin Harrison entered into the said two thousand acres of land, and thereof became seised, and also the said Alexander Horton and Sarah his wife, entered into the aforesaid one thousand five hundred and thirty acres of land, and thereof became seised and possessed, and the same is still possessed and enjoyed by the heirs and assigns of the said Alexander Horton and Sarah his wife, and the said Benjamin Harrison, being seised and possessed of the said two thousand acres of land as aforesaid, did, by his last will and testament, in writing, bearing date the seventh day of October, in the year of our Lord one thousand seven hundred and forty three, give, and devise, the said two thousand acres of land and appurtenances, to his son Benjamin Harrison, the younger, and the heirs of his body lawfully begotten for ever, and died so seised, by virtue whereof, the said Benjamin Harrison, the younger, entered into the said two thousand acres of land and appurtenances, and is still seised and possessed thereof; and the said Benjamin Harrison, the younger, is also seised in his demesne, as of fee, of one water grist-mill, and seven hundred acres of land thereunto belonging, situate in the parish of Henrico, in the county of Henrico, and near the town of Richmond: And whereas several disputes, law suits, and controversies arose and subsisted between the said John, who is son and heir of the aforesaid Sarah Horton and the said Benjamin Harrison deceased, concerning their respective rights to the said two thousand acres of land and appurtenances, whereof the said Edward Bland at the time of his death was seised, the said John New claiming the same, under the afore-mentioned deed of the said Sarah Bland and Thomas Povey, as an estate tail, and the said Benjamin Harrison deceased, insisting that the estate tail of the said two thousand acres of land and appurtenances,

seven hundred and twenty three, for and in consideration of the sum of thirty pounds lawful money of Great-Britain, and other causes in the said indenture expressed and received, did grant, surrender, assign, and release, the other third part of the said two thousand acres of land and appurtenances, and all the estate, right, title, interest, and possession, of her the said Margaret Tanner, of, in, and to the same, unto the said Benjamin Harrison, his heirs and assigns for ever, by virtue of which said indentures, the said Benjamin Harrison entered into the said two thousand acres of land, and thereof became seised, and also the said Alexander Horton and Sarah his wife, entered into the aforesaid one thousand five hundred and thirty acres of land, and thereof became seised and possessed, and the same is still possessed and enjoyed by the heirs and assigns of the said Alexander Horton and Sarah his wife, and the said Benjamin Harrison, being seised and possessed of the said two thousand acres of land as aforesaid, did, by his last will and testament, in writing, bearing date the seventh day of October, in the year of our Lord one thousand seven hundred and forty three, give, and devise, the said two thousand acres of land and appurtenances, to his son Benjamin Harrison, the younger, and the heirs of his body lawfully begotten for ever, and died so seised, by virtue whereof, the said Benjamin Harrison, the younger, entered into the said two thousand acres of land and appurtenances, and is still seised and possessed thereof; and the said Benjamin Harrison, the younger, is also seised in his demesne, as of fee, of one water grist-mill, and seven hundred acres of land thereunto belonging, situate in the parish of Henrico, in the county of Henrico, and near the town of Richmond: And whereas several disputes, law suits, and controversies arose and subsisted between the said John, who is son and heir of the aforesaid Sarah Horton and the said Benjamin Harrison deceased, concerning their respective rights to the said two thousand acres of land and appurtenances, whereof the said Edward Bland at the time of his death was seised, the said John New claiming the same, under the afore-mentioned deed of the said Sarah Bland and Thomas Povey, as an estate tail, and the said Benjamin Harrison deceased, insisting that the estate tail of the said two thousand acres of land and appurtenances,

===========================================================

306

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


limited by the aforesaid deed of the said Sarah Bland and Thomas Povey, was extinct, in John Bland the son heir of Edward Bland aforesaid, and that he was seised thereof in his demesne, as of fee, under the aforesaid indentures, of the said Alexander Horton and Sarah his wife, and the said Margaret Tanner, which said law-suits, disputes, and controversies, have been revived and continued between the said John new and the said Benjamin Harrison, the younger, since the decease of his said father. Whereupon it hath been agreed between the said John New and the said Benjamin Harrison for the final ending, settling, and determining, the said disputes, law-suits, and controversies, that the said Benjamin Harrison would convey to the said John New, and to the heirs of his body lawfully begotten for ever, the water grist-mill, and seven hundred acres of land, with the appurtenances, lying and being in the parish of Henrico, in the county of Henrico aforesaid, and negro slaves of the value of three hundred and fifty pounds current money of Virginia, and that the said John New should release all his right, title, and pretensions, to the aforesaid two thousand acres of land with the appurtenances, unto the said Benjamin Harrison, and that the same should be held and enjoyed by the said Benjamin Harrison, and the heirs of his body, according to the limitations and estates mentioned in the last will and testament of the aforesaid Benjamin Harrison deceased. And whereas the said John New and Benjamin Harrison have applied to this General Assembly, for an act to confirm and establish the said agreement, having made publication of their design three sundays, successively, in the churches of the parish of Westover, where the said two thousand acres of land do lie, and forasmuch as the same is very just and reasonable, the said water grist-mill and seven hundred acres of land, and negroe slaves, to the value of three hundred and fifty pounds, being of greater value than the said two thousand acres of land;
II. May if please your most excellent majesty, for preventing all further suits and controversies between the said John New, and Benjamin Harrison, and their heirs, touching the right of the said two thousand acres of land and appurtenances, at the humble suit of the said John New and Benjamin Harrison that it may be enacted, and Be it enacted by, by the Lieutenant

limited by the aforesaid deed of the said Sarah Bland and Thomas Povey, was extinct, in John Bland the son heir of Edward Bland aforesaid, and that he was seised thereof in his demesne, as of fee, under the aforesaid indentures, of the said Alexander Horton and Sarah his wife, and the said Margaret Tanner, which said law-suits, disputes, and controversies, have been revived and continued between the said John new and the said Benjamin Harrison, the younger, since the decease of his said father. Whereupon it hath been agreed between the said John New and the said Benjamin Harrison for the final ending, settling, and determining, the said disputes, law-suits, and controversies, that the said Benjamin Harrison would convey to the said John New, and to the heirs of his body lawfully begotten for ever, the water grist-mill, and seven hundred acres of land, with the appurtenances, lying and being in the parish of Henrico, in the county of Henrico aforesaid, and negro slaves of the value of three hundred and fifty pounds current money of Virginia, and that the said John New should release all his right, title, and pretensions, to the aforesaid two thousand acres of land with the appurtenances, unto the said Benjamin Harrison, and that the same should be held and enjoyed by the said Benjamin Harrison, and the heirs of his body, according to the limitations and estates mentioned in the last will and testament of the aforesaid Benjamin Harrison deceased. And whereas the said John New and Benjamin Harrison have applied to this General Assembly, for an act to confirm and establish the said agreement, having made publication of their design three sundays, successively, in the churches of the parish of Westover, where the said two thousand acres of land do lie, and forasmuch as the same is very just and reasonable, the said water grist-mill and seven hundred acres of land, and negroe slaves, to the value of three hundred and fifty pounds, being of greater value than the said two thousand acres of land;

II. May if please your most excellent majesty, for preventing all further suits and controversies between the said John New, and Benjamin Harrison, and their heirs, touching the right of the said two thousand acres of land and appurtenances, at the humble suit of the said John New and Benjamin Harrison that it may be enacted, and Be it enacted by, by the Lieutenant

===========================================================

307

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the agreement above-mentioned, between the said parties, be, and is hereby confirmed and established, and shall ever hereafter be valid and binding, between them and their heirs, and all others claiming under the aforesaid deed of the said Sarah Bland and Thomas Povey.
III. And be it enacted, by the authority aforesaid, That the said Benjamin Harrison, shall, within twelve months after the passing of this act, pay and satisfy to the honourable Peter Randolph, esq. William Byrd, Richard Kennon, and Bowler Cocke, the younger, gentlemen, who are hereby appointed trustees to execute the same, the sum of three hundred and fifty pounds current money of Virginia, which said sum of money, the said trustees, the survivor or survivors of them, as soon as conveniently may be after receiving the same, shall fairly lay out in the purchase of negroe slaves, and the said trustees, the survivor or survivors of them, are hereby impowered and required to cause a deed or deeds to be executed for the said slaves, so by them to be bought, to the said John New; which deed or deeds shall be acknowledged or proved by three witnesses, and recorded in the county court of Henrico; and the said John New, from and immediately after the executing and performing of such deed or deeds shall stand seised of the aforesaid water grist-mill, and seven hundred acres of land, with such negroe slaves, to such use and uses, and of such estate and estates, and the same shall pass in descent, reversion and remainder, according to the limitations and estates mentioned in the aforesaid deed of Sarah Bland and Thomas Povey; any thing to the contrary thereof, in any wise, notwithstanding. And the said tract or parcel of land, lying and being in the parish of Westover, in the county of Charles-City, containing two thousand acres, from and after the investing of the said three hundred and fifty pounds, in the purchase of negroe slaves, by the said trustees, and the executing and perfecting of a deed or deeds to the said John New, in manner before directed, shall be held, possessed and enjoyed, by the said Benjamin Harrison in fee tail, under the restrictions, remainders and limitations, in the last will and testament of the said Benjamin Harrison, esq. deceased, specified, limited, and appointed.

Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the agreement above-mentioned, between the said parties, be, and is hereby confirmed and established, and shall ever hereafter be valid and binding, between them and their heirs, and all others claiming under the aforesaid deed of the said Sarah Bland and Thomas Povey.

III. And be it enacted, by the authority aforesaid, That the said Benjamin Harrison, shall, within twelve months after the passing of this act, pay and satisfy to the honourable Peter Randolph, esq. William Byrd, Richard Kennon, and Bowler Cocke, the younger, gentlemen, who are hereby appointed trustees to execute the same, the sum of three hundred and fifty pounds current money of Virginia, which said sum of money, the said trustees, the survivor or survivors of them, as soon as conveniently may be after receiving the same, shall fairly lay out in the purchase of negroe slaves, and the said trustees, the survivor or survivors of them, are hereby impowered and required to cause a deed or deeds to be executed for the said slaves, so by them to be bought, to the said John New; which deed or deeds shall be acknowledged or proved by three witnesses, and recorded in the county court of Henrico; and the said John New, from and immediately after the executing and performing of such deed or deeds shall stand seised of the aforesaid water grist-mill, and seven hundred acres of land, with such negroe slaves, to such use and uses, and of such estate and estates, and the same shall pass in descent, reversion and remainder, according to the limitations and estates mentioned in the aforesaid deed of Sarah Bland and Thomas Povey; any thing to the contrary thereof, in any wise, notwithstanding. And the said tract or parcel of land, lying and being in the parish of Westover, in the county of Charles-City, containing two thousand acres, from and after the investing of the said three hundred and fifty pounds, in the purchase of negroe slaves, by the said trustees, and the executing and perfecting of a deed or deeds to the said John New, in manner before directed, shall be held, possessed and enjoyed, by the said Benjamin Harrison in fee tail, under the restrictions, remainders and limitations, in the last will and testament of the said Benjamin Harrison, esq. deceased, specified, limited, and appointed.

===========================================================

308

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.

IV. Saving to the king's most excellent majesty, his heirs and successors, and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim and demand, of, in and to, any of the afore-mentioned lands, other than the persons claiming under the deed of the said Sarah Bland and Thomas Povey, and the last will and testament of the said Benjamin Harrison, esq. or either of them, as they, every, or any of them, should or might claim, if this act had never been made.

V. Provided always, That the execution of this act, shall be suspended until his majesty's approbation thereof shall be obtained.

CHAP. XLVIII.

Ae	[An] Act to dock the intail of certain lands whereof Arthur Smith is seised; and to settle a water mill, with other lands of greater value, to the same uses.

I. WHEREAS Arthur Smith, of the county of Isle of Wight, gentleman, deceased, was in his lifetime, seised in fee-simple of and in one certain tract of or parcel of land, containing two thousand two hundred and seventy acres, with the appurtenances, lying and being in the said county of Isle of Wight, then in the parish of Warwicksqueak, now New Port parish, on Pagan creek, and by his last will and testament, in writing, bearing date the first day of October, in the year of our Lord one thousand six hundred and forty five, did devise the same to his children, Thomas Smith, Arthur Smith, Richard Smith, George Smith, and Jane Smith, and to their heirs for ever; but if any of his said children should happen to die before they should attain to their several ages or afterwards, without issue male of their bodies lawfully begotten, that then the part and portion of land to them or any of them so devised, shall go and remain to the heirs male

Intail of certain lands of which Arthur Smith is seised, docked.

===========================================================

309

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


of the bodies of the survivor or survivors of them and every of them, as in the said will proved and recorded in the court of the said county, among other things more fully is contained, and soon after making the said will departed this life, after whose death his said children entered into the said lands and were thereof seised, and the said Thomas Smith, Richard Smith, George Smith, and Jane Smith, died without issue, whereby the said Arthur Smith, the son, became seised of the whole tract aforesaid, and being so seised, made his last will and testament, in writing, bearing date the second day of December, in the year of our Lord one thousand six hundred and ninety six, and thereby, among other things, he did devise the said lands to his three sons, Arthur Smith, George Smith, and Thomas Smith, and the male heirs of their bodies lawfully begotten, and in default of issue, of any of his said sons, to the survivor and the male heirs of his body lawfully begotten, and on failure of such, and for want of male heirs, to the female heirs of their bodies lawfully begotten, and on failure of such, to his three daughters, Jane, Sarah, and Mary, and the male heirs of their bodies lawfully begotten, his said daughter Jane, and the heirs of her body, to have half of the said land, and the other half to fall to his other two daughters Sarah and Mary, and the male heirs of their bodies, and for want of issue of both his sons and daughters, then the said land to fall to the use of the parish of New Port, for maintaining and encouraging a free school, as in the said will, proved and recorded in the said county court, more fully is contained, and soon after making the said will, the said Arthur Smith died seised as aforesaid, and after his death his said sons entered into the said lands, and the said George Smith, and Thomas Smith, died without issue, whereby the said Arthur Smith, the grandson, became seised of all the said lands with the appurtenances, and died so seised leaving issue Arthur Smith, his eldest son and heir, who entered into the same, and hath lately laid off seventy five acres or thereabouts, part of the said lands into lots and streets for a town called Smithfield, and hath agreed for the sale of many of the said lots, which town is likely to become of great custom and trade, and will tend very much to the increase of the value of the residue of the said intailed lands. And whereas the said last mentioned Arthur Smith is seised, in

of the bodies of the survivor or survivors of them and every of them, as in the said will proved and recorded in the court of the said county, among other things more fully is contained, and soon after making the said will departed this life, after whose death his said children entered into the said lands and were thereof seised, and the said Thomas Smith, Richard Smith, George Smith, and Jane Smith, died without issue, whereby the said Arthur Smith, the son, became seised of the whole tract aforesaid, and being so seised, made his last will and testament, in writing, bearing date the second day of December, in the year of our Lord one thousand six hundred and ninety six, and thereby, among other things, he did devise the said lands to his three sons, Arthur Smith, George Smith, and Thomas Smith, and the male heirs of their bodies lawfully begotten, and in default of issue, of any of his said sons, to the survivor and the male heirs of his body lawfully begotten, and on failure of such, and for want of male heirs, to the female heirs of their bodies lawfully begotten, and on failure of such, to his three daughters, Jane, Sarah, and Mary, and the male heirs of their bodies lawfully begotten, his said daughter Jane, and the heirs of her body, to have half of the said land, and the other half to fall to his other two daughters Sarah and Mary, and the male heirs of their bodies, and for want of issue of both his sons and daughters, then the said land to fall to the use of the parish of New Port, for maintaining and encouraging a free school, as in the said will, proved and recorded in the said county court, more fully is contained, and soon after making the said will, the said Arthur Smith died seised as aforesaid, and after his death his said sons entered into the said lands, and the said George Smith, and Thomas Smith, died without issue, whereby the said Arthur Smith, the grandson, became seised of all the said lands with the appurtenances, and died so seised leaving issue Arthur Smith, his eldest son and heir, who entered into the same, and hath lately laid off seventy five acres or thereabouts, part of the said lands into lots and streets for a town called Smithfield, and hath agreed for the sale of many of the said lots, which town is likely to become of great custom and trade, and will tend very much to the increase of the value of the residue of the said intailed lands. And whereas the said last mentioned Arthur Smith is seised, in

===========================================================

310

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


fee-simple, of one water grist mill, with two acres of land thereunto belonging, by him lately purchased of one Thomas Walton, and of forty acres of land or thereabouts, near the said mill, lately purchased by him of William Hodsen, lying and being in the said parish and county, which said mill and lands with the appurtenances, are of greater value than the said seventy five acres, so laid off by the said last mentioned Arthur Smith, for the use aforesaid, and the said Arthur Smith, being desirous to perform his agreement for the sale of the said lots, is willing, that the entail of the said seventy five acres should be dock'd, and the said mill with the said forty acres purchased of the said William Hodsden, shall be settled to the same uses: And forasmuch as notice hath been published in the several churches of the said parish of New Port, that application would be made to this General Assembly, to dock the entail of the said seventy five acres of land, with the appurtenances, and to vest the same in the said last mentioned Arthur Smith, in fee-simple, upon settling other lands, and the said mill, to the same uses, pursuant to your majesty's instructions;
II. May it therefore please your most excellent majesty, at the humble suit of the said last mentioned Arthur Smith, that it may be enacted, By the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said seventy five acres of land or thereabouts, with the appurtenances, part of the said two thousand two hundred and seventy five acres on Pagan creek, and so as aforesaid laid off for a town, be, and the same are hereby vested in the said last mentioned Arthur Smith, his heirs and assigns, to the only use and behoof of him the said Arthur Smith, his heirs and assigns for ever: And that the said water grist mill, with the lands and appurtenances, purchased of the said William Hodsden, be, and the same are hereby vested in the said Arthur Smith, to such use and uses, and for such estate and estates, and subject to the like limitations as the said seventy five acres of land or thereabouts, are and stand limited by the said two recited wills, and the said Arthur Smith, and all others claiming under him, shall have, hold, and enjoy, the

fee-simple, of one water grist mill, with two acres of land thereunto belonging, by him lately purchased of one Thomas Walton, and of forty acres of land or thereabouts, near the said mill, lately purchased by him of William Hodsen, lying and being in the said parish and county, which said mill and lands with the appurtenances, are of greater value than the said seventy five acres, so laid off by the said last mentioned Arthur Smith, for the use aforesaid, and the said Arthur Smith, being desirous to perform his agreement for the sale of the said lots, is willing, that the entail of the said seventy five acres should be dock'd, and the said mill with the said forty acres purchased of the said William Hodsden, shall be settled to the same uses: And forasmuch as notice hath been published in the several churches of the said parish of New Port, that application would be made to this General Assembly, to dock the entail of the said seventy five acres of land, with the appurtenances, and to vest the same in the said last mentioned Arthur Smith, in fee-simple, upon settling other lands, and the said mill, to the same uses, pursuant to your majesty's instructions;

II. May it therefore please your most excellent majesty, at the humble suit of the said last mentioned Arthur Smith, that it may be enacted, By the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said seventy five acres of land or thereabouts, with the appurtenances, part of the said two thousand two hundred and seventy five acres on Pagan creek, and so as aforesaid laid off for a town, be, and the same are hereby vested in the said last mentioned Arthur Smith, his heirs and assigns, to the only use and behoof of him the said Arthur Smith, his heirs and assigns for ever: And that the said water grist mill, with the lands and appurtenances, purchased of the said William Hodsden, be, and the same are hereby vested in the said Arthur Smith, to such use and uses, and for such estate and estates, and subject to the like limitations as the said seventy five acres of land or thereabouts, are and stand limited by the said two recited wills, and the said Arthur Smith, and all others claiming under him, shall have, hold, and enjoy, the

===========================================================

311

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.

said mill and forty acres of land, in lieu of the said seventy five acres of land, in the same manner as he, she, or they, could or might have claimed, held or enjoyed, the said seventy five acres of land, so laid off for a town as aforesaid, in case this act had never been made, and not otherwise.

III. Saving to the King's most excellent majesty, his heirs and successors, and all and every other person or persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the two before recited last wills and testaments, all such right, title, interest, claim, and demand, as they, every or any of them, should or might have had or claimed if this act had never been made.

V. Provided always, That the execution of this act, shall be suspended until his majesty's approbation thereof shall be obtained.

CHAP. XLIX.

An	Act to dock the entail of certain lands whereof David Garland is seised, and for settling other lands and slaves of greater value to the same uses.

I. WHEREAS Edward Garland, the elder, late of the county of New Kent, deceased, was in his lifetime seised in fee-simple of, and in one certain tract or parcel of land, containing by estimation six hundred and eighty acres, being the land whereon he lived, with the appurtenances, lying and being in the parish of St. Paul, then in the county of New Kent, but now in the county of Hanover, and being so seised, did make his last will and testament, in writing, bearing date the fourteenth day of March, in the year of our Lord one thousand seven hundred and nineteen, and thereby, among other things, he did give and devise the same unto his son Edward Garland, and the heirs of his body lawfully begotten, by the description of the plantation whereon he then lived, and all the land

Intail of certain lands of which David Garland is seised, docked.

===========================================================

312

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


belonging to it, up to the head of the little neck, excepting the life of his wife Jane Garland upon the said plantation, to him and his heirs, and so from heir to heir as long as any should appear, but failing of such heirs, to the other brother in the manner before directed by the said will, as in the said will proved and recorded in the court of New Kent more fully is contained, and soon after making the said will the said Edward Garland departed this life, after whose death and the death of the said Jane Garland, the said Edward Garland the son, entered into the said lands, with the appurtenances, and was seised thereof as the law requires, and died so seised, after whose death David Garland, eldest son and heir of the said Edward Garland the son, entered into the said land, with the appurtenances, and was and is thereof seised: And whereas the said David Garland is seised, in fee-simple, of one certain tract or parcel of land containing by estimation, twelve hundred and twenty two acres, lying and being in the county of Lunenburg, lately purchased by him of John Edloe, and Anne his wife, and one other tract or parcel of land containing by estimation, eight hundred and twenty six acres, lying and being in the said county of Lunenburg, lately purchased by him of William Edloe, and Anne his wife, and is also possessed of eight slaves, named Will, Peter, Daniel, Adam, Dick, Gilbert, Kate, and Amy, as of his own proper slaves, and it will be for the advantage and benefit of the heir in tail, and of those claiming in remainder and reversion, under the will of the said Edward Garland, the elder, to dock the entail of the said tract or parcel of land in the county of Hanover, whereby the said David Garland may be enabled to make a better provision for his younger children, and to settle his said other lands, in the county of Lunenburg, with the slaves aforesaid to be annexed thereto, being of greater value, to the same uses. And forasmuch as notice has been published three Sundays successively, in the several churches of the said parish of Saint Paul, that application would be made to this General Assembly, to dock the entail of the said six hundred and eighty acres of land, and to settle other lands and slaves of greater value to the same uses, pursuant to your majesty's instructions;

belonging to it, up to the head of the little neck, excepting the life of his wife Jane Garland upon the said plantation, to him and his heirs, and so from heir to heir as long as any should appear, but failing of such heirs, to the other brother in the manner before directed by the said will, as in the said will proved and recorded in the court of New Kent more fully is contained, and soon after making the said will the said Edward Garland departed this life, after whose death and the death of the said Jane Garland, the said Edward Garland the son, entered into the said lands, with the appurtenances, and was seised thereof as the law requires, and died so seised, after whose death David Garland, eldest son and heir of the said Edward Garland the son, entered into the said land, with the appurtenances, and was and is thereof seised: And whereas the said David Garland is seised, in fee-simple, of one certain tract or parcel of land containing by estimation, twelve hundred and twenty two acres, lying and being in the county of Lunenburg, lately purchased by him of John Edloe, and Anne his wife, and one other tract or parcel of land containing by estimation, eight hundred and twenty six acres, lying and being in the said county of Lunenburg, lately purchased by him of William Edloe, and Anne his wife, and is also possessed of eight slaves, named Will, Peter, Daniel, Adam, Dick, Gilbert, Kate, and Amy, as of his own proper slaves, and it will be for the advantage and benefit of the heir in tail, and of those claiming in remainder and reversion, under the will of the said Edward Garland, the elder, to dock the entail of the said tract or parcel of land in the county of Hanover, whereby the said David Garland may be enabled to make a better provision for his younger children, and to settle his said other lands, in the county of Lunenburg, with the slaves aforesaid to be annexed thereto, being of greater value, to the same uses. And forasmuch as notice has been published three Sundays successively, in the several churches of the said parish of Saint Paul, that application would be made to this General Assembly, to dock the entail of the said six hundred and eighty acres of land, and to settle other lands and slaves of greater value to the same uses, pursuant to your majesty's instructions;

===========================================================

313

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


II. May it therefore please your most excellent majesty, at the humble suit of the said David Garland, that it may be enacted, and Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said tract or parcel of land, with the appurtenances, containing six hundred and eighty acres, lying and being in the said county of Hanover, so as aforesaid, devised by the last will and testament of the said Edward Garland, the elder, and whereof the said David Garland now stands seised in fee-tail, be, and the same is hereby vested in the said David Garland, his heirs and assigns in fee-simple, to the only use and behoof of him the said David Garland, his heirs and assigns for ever; and that the said two several tracts or parcels of land herein before mentioned, to be purchased by the said David Garland, lying and being in the said county of Lunenburg, and all and every the slaves before named, together with the future increase of the said female slaves, be, and the same are hereby vested in the said David Garland, and the heirs of his body lawfully begotten, and upon failure of such heirs, the same shall remain and descend to such person and persons, in the same manner, and under the same limitations and remainders successively, as the said six hundred and eighty acres of land would have remained and descended, by virtue of the said before recited last will and testament of the said Edward Garland, the elder, if this act had never been made.
III. And be it further enacted, by the authority aforesaid, That the estate tail in the said lands in the county of Lunenburg, hereby settled in lieu of the other lands in the county of Hanover, shall not at any time hereafter be docked or defeated, by writ in the nature of an ad quod damnum or otherwise, except by act of the General Assembly of this dominion.
IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the last will and testament of the said Edward Garland, the elder, all such right, title, interest, claim, and demand, as they, every or any of them, should or might claim, if this act had never been made.

===========================================================

314

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.

V. Provided always, That the execution of this act, shall e [be] and it is hereby suspended until his majesty's approbation thereof shall be obtained.

CHAP. L.

An	Act to vest certain intailed lands therein mentioned in Henry Washington, gentleman, in fee-simple.

I. WHEREAS Edwin Thacker, late of the county of Middlesex, gentleman, deceased, was in his life seised in fee tail general, of and in two thousand eight hundred acres of land, or thereabouts, in the county of King William, and three thousand acres of land, or thereabouts, in the county of Middlesex aforesaid, under and by virtue of the last will and testament of Edwin Thacker, his father, and being so seised, departed this life, in the year of our Lord one thousand seven hundred and forty-five, leaving Elizabeth Thacker, his widow, and Frances, Elizabeth, Anne, and Sarah, his daughters, and coheirs to whom the said lands, after the death of their father, descended in coparcenary: And whereas after the death of the said Edwin Thacker, the son, the mansion house where he had lived, with eleven hundred and twelve acres, or thereabouts, part of the aforesaid lands in Middlesex, was assigned to the said Elizabeth Thacker, the widow, for her dower of the said lands in Middlesex, and in lieu of her dower of the said lands in King William; and Lewis Burwell, of the county of James City, gentleman, having married with the above named Frances; and Henry Washington, of the said county of Middlesex, having married with the above named Anne, partition of the said lands in King William, and of the residue of the lands in Middlesex, was only made and confirmed among the said copartners: And whereas the said Elizabeth Thacker, the widow, hath lately departed this life, by which the said Lewis Burwell, and Frances his wife, in right of the said Frances, the said Elizabeth Thacker the

Certain intailed lands vested in Henry Washington

===========================================================

315

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


daughter, the said Henry Washington, and Anne his wife, in the right of the said Anne, and the said Sarah Thacker, are seised in coparcenary, in fee tail, of and in the aforesaid eleven hundred and twelve acres. But forasmuch as if partition should be made, of the said eleven hundred and twelve acres, among the said copartners, their several purparts would be of very little value, in regard a dwelling house and out houses and offices thereto belonging, on one part of the said eleven hundred and twelve acres of land, are of such great value, that the part of the said land to be allotted therewith, if any, would be very small, and the said houses cannot conveniently be divided, and in regard great part of the said eleven hundred and twelve acres, is very mean, and lies in such a manner, that if every copartner should have an equal proportion of the good and mean land, her part must be laid off in a long and narrow form, whereas the whole together would be of great value, and the said Henry Washington hath come to an agreement with the said Lewis Burwell, and Frances his wife, Elizabeth Thacker the daughter, and Sarah Thacker, to pay them the sum of nine hundred pounds as a consideration for their parts of the said eleven hundred and twelve acres, provided the fee-simple estate of all the said lands may be vested in him, to which the said Anne Washington hath freely and voluntarily consented. And whereas notice hath been published in the churches of the parish of Christ Church, where the said lands lie, that application would be made to this General Assembly for leave to dock the entail of the said lands, pursuant to your majesty's instructions. Therefore,
II. May it please your most excellent majesty, at the humble suit of the said Lewis Burwell, and Frances his wife, Elizabeth Thacker the daughter, Henry Washington, and Anne his wife, and Sarah Thacker, that it may be enacted, and Be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said eleven hundred and twelve acres of land, late in the possession of Elizabeth Thacker, deceased, with the appurtenances, be, and the same are hereby vested in the said Henry Washington, his heirs and assigns, to the only use and behoof of him the said Henry Washington, his heirs and assigns for ever.

daughter, the said Henry Washington, and Anne his wife, in the right of the said Anne, and the said Sarah Thacker, are seised in coparcenary, in fee tail, of and in the aforesaid eleven hundred and twelve acres. But forasmuch as if partition should be made, of the said eleven hundred and twelve acres, among the said copartners, their several purparts would be of very little value, in regard a dwelling house and out houses and offices thereto belonging, on one part of the said eleven hundred and twelve acres of land, are of such great value, that the part of the said land to be allotted therewith, if any, would be very small, and the said houses cannot conveniently be divided, and in regard great part of the said eleven hundred and twelve acres, is very mean, and lies in such a manner, that if every copartner should have an equal proportion of the good and mean land, her part must be laid off in a long and narrow form, whereas the whole together would be of great value, and the said Henry Washington hath come to an agreement with the said Lewis Burwell, and Frances his wife, Elizabeth Thacker the daughter, and Sarah Thacker, to pay them the sum of nine hundred pounds as a consideration for their parts of the said eleven hundred and twelve acres, provided the fee-simple estate of all the said lands may be vested in him, to which the said Anne Washington hath freely and voluntarily consented. And whereas notice hath been published in the churches of the parish of Christ Church, where the said lands lie, that application would be made to this General Assembly for leave to dock the entail of the said lands, pursuant to your majesty's instructions. Therefore,

II. May it please your most excellent majesty, at the humble suit of the said Lewis Burwell, and Frances his wife, Elizabeth Thacker the daughter, Henry Washington, and Anne his wife, and Sarah Thacker, that it may be enacted, and Be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said eleven hundred and twelve acres of land, late in the possession of Elizabeth Thacker, deceased, with the appurtenances, be, and the same are hereby vested in the said Henry Washington, his heirs and assigns, to the only use and behoof of him the said Henry Washington, his heirs and assigns for ever.

===========================================================

316

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.

III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their heirs and successors, other than the persons claiming under the last will and testament of the said Edwin Thacker, the father, their heirs, executors, administrators or assigns, all such right, estate, title, interest, claim and demand, whatsoever, of, in and to the said eleven hundred and twelve acres of land, with the appurtenances, as they, or any of them, had, or should, or might have had, if this act had never been made.

IV. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained

CHAP. LI.

An	Act to amend the Act, intituled, An Act for establishing a town, near Roy's warehouse, in the county of Caroline; and for other purposes therein mentioned.

I. WHEREAS by an act of Assembly, made in the eighteenth year of the reign of his present majesty, intituled, An act for the establishing a town near Roy's warehouse, in the county of Caroline, and for other purposes therein mentioned; sixty acres of land which had been laid off for a town pursuant to the will of Robert Smith, deceased, were vested in certain trustees or directors therein named, who were impowered and directed to set apart so much of the said land for a market place, a public quay, and public landings on the river, as they should think necessary, and to sell the residue of the said lots at public sale, from time to time, to the highest bidder, and to convey the same to the purchasers respectively, and to apply the money arising by such sale, in the first place, for an towards satisfying and paying such judgment, or decree, as should be obtained by the assignees of a mortgage for the said land made to Micajah Perry, Thomas

Act establishing a town, near Roy's warehouse, in Caroline county amended.

===========================================================

317

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


Lane, and Richard Perry, of London, merchants, in the said act particularly mentioned, and if any money should remain after the payment of such judgment or decree and costs, then to pay and allow one fifth part of such overplus to the widow of the said Robert Smith, and to put out to interest, upon good security, the remaining four parts for the benefit of Lawrence Smith, Charles Smith, Elizabeth Smith, and Dorothy Smith, the children of the said Robert Smith, or the survivors of them, and the representatives of any of the said children, who should happen to die, to be paid them in equal proportions, when they should respectively attain the age of twenty one years, or marriage, as in the said act of Assembly more fully is contained: And whereas the said trustees, or directors, have sold the said lots of land, according to the directions of the said act, and have, out of the purchase money, paid and satisfied the money and tobacco recovered by the assigness of the mortgage aforesaid, and there remains a considerable sum of money in their hands, which hath been by them put out to interest according to the directions of the said act; and forasmuch as it hath been represented to this General Assembly, that it was the true design and intention of the last will and testament of the said Robert Smith, that such overplus money should be equally divided, between his widow of the said Robert Smith, and his five children, Lawrence, Charles, Sarah, Elizabeth, and Dorothy, and divers suits and controversies have arisen, and are likely to arise, between the said children concerning the same, for settling which differences, and for disposing of the said overplus money, according to the true intention of the said testator Robert Smith;
II. BE it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That so much of the said recited act of Assembly, as relates to the disposition of the said overplus money remaining, after satisfying the judgment or decree obtained by the assignees of the mortgage aforesaid, be, and the same is hereby repealed and made void to all intents and purposes whatsoever.
III. And be it further enacted, by the authority aforesaid, That all the money arising by the sale of the lots aforesaid, and all interest accruing thereon, and which shall remain after deducting what shall have

===========================================================

318

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


been paid, in satisfaction of the judgment obtained by the assignees of the mortgage aforesaid, and the costs expended on that occasion, and also the necessary expences in and about the passing and execution of the said recited act, shall be, by the said trustees and directors, or the survivors of them, applied in the following manner; that is to say: One sixth part thereof shall be by them paid to the executor, or administrator, with the will annexed, of Elizabeth Smith, deceased, late widow of the said Robert Smith, and to be applied as in her said will is directed, and the other five parts shall be equally divided between the said Lawrence Smith, Charles Smith, Sarah, the wife of Luke Burford, Elizabeth, the wife of Charles Venable, and Dorothy Smith, children of the said Robert Smith, deceased, and paid to them respectively by the said trustees or directors: And whereas by the death and removal out of the country of some of the trustees or directors in the said recited act named, and the remote situation of others from the said town, and from each other, it is difficult for a sufficient number of the said directors to meet for the purposes mentioned in the said act. Wherefore,
IV. Be it enacted, by the authority aforesaid, That Edward Dixon, Robert Gilchrist, and James Bowie, gentlemen, are hereby appointed directors and trustees for putting the said recited act in execution, and together with the surviving trustees, in the same act named, shall have the same power and authority, in all things relating to the matters contained in the said recited act, as if they the said Edward Dixon, Robert Gilchrist, and James Bowie, had been expressly named and appointed in the said recited act.

been paid, in satisfaction of the judgment obtained by the assignees of the mortgage aforesaid, and the costs expended on that occasion, and also the necessary expences in and about the passing and execution of the said recited act, shall be, by the said trustees and directors, or the survivors of them, applied in the following manner; that is to say: One sixth part thereof shall be by them paid to the executor, or administrator, with the will annexed, of Elizabeth Smith, deceased, late widow of the said Robert Smith, and to be applied as in her said will is directed, and the other five parts shall be equally divided between the said Lawrence Smith, Charles Smith, Sarah, the wife of Luke Burford, Elizabeth, the wife of Charles Venable, and Dorothy Smith, children of the said Robert Smith, deceased, and paid to them respectively by the said trustees or directors: And whereas by the death and removal out of the country of some of the trustees or directors in the said recited act named, and the remote situation of others from the said town, and from each other, it is difficult for a sufficient number of the said directors to meet for the purposes mentioned in the said act. Wherefore,

IV. Be it enacted, by the authority aforesaid, That Edward Dixon, Robert Gilchrist, and James Bowie, gentlemen, are hereby appointed directors and trustees for putting the said recited act in execution, and together with the surviving trustees, in the same act named, shall have the same power and authority, in all things relating to the matters contained in the said recited act, as if they the said Edward Dixon, Robert Gilchrist, and James Bowie, had been expressly named and appointed in the said recited act.

===========================================================

319

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.

CHAP. LII.

An	Act for docking the intail of certain lands, in the county of James-City, and vesting the same in Thomas Chamberlayne, gentleman, in fee-simple; and for settling other lands of greater value to the same uses.

I. WHEREAS Daniel Parke the elder, late of the county of York, deceased, was in his lifetime, and at the time of his death, seised in fee-simple, of and in a certain tract or parcel of land, lying being in the parish of Blisland and county of James City, containing one thousand six hundred and seventy eight acres or thereabouts, and being so seised, by his last will and testament, duly recorded in the general court and dated the eleventh day of October one thousand six hundred and seventy, devised the same, among other lands, to his son Daniel Parke, in fee-tail, leaving issue Frances Custis and Lucy Byrd, his only children and coheirs: And whereas after the death of the said Daniel Parke, the son, a partition and division of the said intailed land was made, between his said daughters, upon which partition the aforesaid one thousand six hundred and seventy eight acres of land were allotted unto the said Lucy Byrd, who entered into the same, and became thereof seised in fee-tail, and died so seised, leaving issue Evelyn and Wilhelmina, her only children and coheirs, which said Evelyn is since dead, without issue, whereby the said land became and is now vested in the said Wilhelmina, now the wife of Thomas Chamberlayne, of the county of King-William, gentleman, and whereas the said Thomas Chamberlayne, is and stands seised in fee-simple, of and in three tracts of land, in the parish of Saint John in the county of King-William, situate and lying contiguous and adjoining to each other, the one called Scotland-quarter, another the White-Oak, and the other the Home-House-Tract, containing

Intail of certain lands in James-City docked, and vested in Thomas Chamberlayne, in fee-simple.

===========================================================

320

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


together one thousand five hundred and fifty acres and upwards, upon which Home-House-Tract he hath made very considerable improvements, which hath rendered the said one thousand five hundred and fifty acres of land, of much greater value than the said one thousand six hundred and seventy eight acres, whereof he is seised in fee tail, in right of his wife, and the said Thomas Chamberlayne, and Wilhelmina, his wife, are desirous to dock the intail of the said land, in James City county, and to settle the said lands in King-William county, in lieu thereof: And forasmuch as notice hath been published, three Sundays successively, in the church of the said parish of Blisland, that application would be made to this General Assembly, to vest the said one thousand six hundred and seventy eight acres of land, in the said county of James-City, in the said Thomas Chamberlayne, in fee-simple, and for setting the said lands, in the county of King William, to the same uses as the said one thousand six hundred and seventy eight acres are, and stand limited by the last will and testament of the said Daniel Parke, the elder, pursuant to your majesty's instructions;
II. May it please your most excellent majesty, at the humble suit of the said Thomas Chamberlayne, and Wilhelmina his wife, that it may be enacted, and Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the said one thousand six hundred and seventy eight acres of land, with the appurtenances, in the county of James-City, so as aforesaid devised, by the said Daniel Parke the elder, to his son Daniel Parke, shall be, and the same are hereby vested in the said Thomas Chamberlayne, his heirs and assigns for ever, and the said Thomas Chamberlayne, his heirs and assigns, shall hold the same, freed and discharged, from all the limitations mentioned in the said last will and testament of the said Daniel Parke, the elder, and that the said one thousand five hundred and fifty acres of land, in the county of King-William, called Scotland-quarter, the White-Oak, and the Home-House-Tract, shall be, and the same are hereby, vested in the said Thomas Chamberlayne, and Wilhelmina, his wife, to such use and uses as the said one thousand six hundred and seventy eight acres of land, in the county of James-City,

together one thousand five hundred and fifty acres and upwards, upon which Home-House-Tract he hath made very considerable improvements, which hath rendered the said one thousand five hundred and fifty acres of land, of much greater value than the said one thousand six hundred and seventy eight acres, whereof he is seised in fee tail, in right of his wife, and the said Thomas Chamberlayne, and Wilhelmina, his wife, are desirous to dock the intail of the said land, in James City county, and to settle the said lands in King-William county, in lieu thereof: And forasmuch as notice hath been published, three Sundays successively, in the church of the said parish of Blisland, that application would be made to this General Assembly, to vest the said one thousand six hundred and seventy eight acres of land, in the said county of James-City, in the said Thomas Chamberlayne, in fee-simple, and for setting the said lands, in the county of King William, to the same uses as the said one thousand six hundred and seventy eight acres are, and stand limited by the last will and testament of the said Daniel Parke, the elder, pursuant to your majesty's instructions;

II. May it please your most excellent majesty, at the humble suit of the said Thomas Chamberlayne, and Wilhelmina his wife, that it may be enacted, and Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the said one thousand six hundred and seventy eight acres of land, with the appurtenances, in the county of James-City, so as aforesaid devised, by the said Daniel Parke the elder, to his son Daniel Parke, shall be, and the same are hereby vested in the said Thomas Chamberlayne, his heirs and assigns for ever, and the said Thomas Chamberlayne, his heirs and assigns, shall hold the same, freed and discharged, from all the limitations mentioned in the said last will and testament of the said Daniel Parke, the elder, and that the said one thousand five hundred and fifty acres of land, in the county of King-William, called Scotland-quarter, the White-Oak, and the Home-House-Tract, shall be, and the same are hereby, vested in the said Thomas Chamberlayne, and Wilhelmina, his wife, to such use and uses as the said one thousand six hundred and seventy eight acres of land, in the county of James-City,

===========================================================

321

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.

are and stand limited, by the last will and testament of the said Daniel Parke, the elder.

III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim and demand, other than the persons claiming under the last will of the said Daniel Parke, the elder, as they, every or any of them, should or might claim if this act had never been made.

V. Provided always, That the execution of this act shall be, and is hereby suspended, until his majesty's approbation thereof shall be obtained.

CHAP. LIII.

An	Act for docking the intail of certain lands in the county of King-William, and vesting the same in William Dandridge, in fee-simple; and for settling other lands, and slaves, of greater value, to the same uses.

I. WHEREAS John West, late of the parish of Saint John, in the county of New-Kent, was in his lifetime, among other lands, seised in fee-simple of, and in a certain tract or parcel of land, then called Barbers-Fields, situate, lying and being, in the said parish of Saint John, and county aforesaid, but now in the county of King-William, and by his last will and testament, in writing, bearing date the fifteenth day of November, in the year of our lord one thousand six hundred and eighty nine, devised the same unto his son Nathaniel West, and his heirs for ever, but in case of his death or default of issue, then to his two sons John and Thomas West, and their heirs, equally to be divided between them, and in case his three sons aforesaid should die, without issue, then the said land to descend to his daughter Anne Fox, wife to Henry Fox, and her heirs for ever, as by the said will duly recorded in the court of the county of King and Queen,

Intail of certain lands in King-William docked and vested in William Dandridge, in fee-simple.

===========================================================

322

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


may more at large appear, and some time after making the said will the said testator John West died, so seised, after whose death, the said Nathaniel West, entered into the said lands, and became thereof seised in fee-tail, and some time after died, so seised, leaving issue, Unity, his only child and heir, to whom the said land descended; and whereas after the death of the said Nathaniel West, William Dandridge, esq. now deceased, husband of the said Unity, entered into the said tract or parcel of land, called Barbers-Field, and became thereof seised, in right of the said Unity, and being so seised, and having purchased the fee-simple estate and inheritance of four hundred and ninety six acres of land, in the said parish of Saint John, and county of King-William, made his last will and testament, in writing, bearing date the twenty fifth day of August, in the year of our lord one thousand seven hundred and forty three, and thereby among other things, devised, to his son Nathaniel West Dandridge, as followeth, "item, I give to my son Nathaniel Dandridge, all my lands, plantations, marshes and sunken grounds, that I purchased or have in King-William county, to him and his heirs for ever, after the decease of my wife, to whom I give the aforesaid lands, plantations, and sunken grounds, or marsh, during her life, Provided nevertheless, and upon this condition, that he, my said son, consent to, and do his utmost endeavour, to dock the intail of that tract of land called Barbers-Hills, in this county, by act of Assembly, and get the fee-simple estate of the same vested in his brother William, and the lands hereby devised, together with the ten following slaves, to wit, Molly, Sarah, Tom, Robin, Jemmy, Billy son of Ogee, Jack the son of negroe Judy, Will Jackson a new negroe, Sharper, and Ben, settled to the same uses." But on failure of his doing the same, than the said testator charged the lands by his said will devised to his said Nathaniel, with the payment of five hundred pounds to his said son William, duly as by the said will, recorded in the court of the said county of King-William, may at large appear: And whereas the lands and slaves, herein before mentioned to be directed by the said testator William Dandridge, to be settled in lieu of the said tract or parcel of land, called Barbers-Field, alias Barbers-Hills, are of much greater value thrn the said intailed lands,

may more at large appear, and some time after making the said will the said testator John West died, so seised, after whose death, the said Nathaniel West, entered into the said lands, and became thereof seised in fee-tail, and some time after died, so seised, leaving issue, Unity, his only child and heir, to whom the said land descended; and whereas after the death of the said Nathaniel West, William Dandridge, esq. now deceased, husband of the said Unity, entered into the said tract or parcel of land, called Barbers-Field, and became thereof seised, in right of the said Unity, and being so seised, and having purchased the fee-simple estate and inheritance of four hundred and ninety six acres of land, in the said parish of Saint John, and county of King-William, made his last will and testament, in writing, bearing date the twenty fifth day of August, in the year of our lord one thousand seven hundred and forty three, and thereby among other things, devised, to his son Nathaniel West Dandridge, as followeth, "item, I give to my son Nathaniel Dandridge, all my lands, plantations, marshes and sunken grounds, that I purchased or have in King-William county, to him and his heirs for ever, after the decease of my wife, to whom I give the aforesaid lands, plantations, and sunken grounds, or marsh, during her life, Provided nevertheless, and upon this condition, that he, my said son, consent to, and do his utmost endeavour, to dock the intail of that tract of land called Barbers-Hills, in this county, by act of Assembly, and get the fee-simple estate of the same vested in his brother William, and the lands hereby devised, together with the ten following slaves, to wit, Molly, Sarah, Tom, Robin, Jemmy, Billy son of Ogee, Jack the son of negroe Judy, Will Jackson a new negroe, Sharper, and Ben, settled to the same uses." But on failure of his doing the same, than the said testator charged the lands by his said will devised to his said Nathaniel, with the payment of five hundred pounds to his said son William, duly as by the said will, recorded in the court of the said county of King-William, may at large appear: And whereas the lands and slaves, herein before mentioned to be directed by the said testator William Dandridge, to be settled in lieu of the said tract or parcel of land, called Barbers-Field, alias Barbers-Hills, are of much greater value thrn the said intailed lands,

===========================================================

323

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.


and it will greatly redound to the benefit of the said Nathaniel West Dandridge, and all claiming under the will of the said John West, that the said fee-simple lands, and slaves, should be settled in lieu of and to the same uses, that the said tract or parcel of land, called Barbers-Field, alias Barbers-Hills, is and stands limited by the last will and testament of the said John West, and the aforesaid Unity, the widow, and relict of the said William Dandridge, being willing to relinquish her estate, in all the said premises, and to fulfil the will of her said husband. And forasmuch as notice has been published three Sundays successively, in the church of the parish where the said lands lie, that application would be made to this General Assembly, pursuant to the directions of the will of the said William Dandridge, to vest the said tract or parcel of land, called Barbers-Field, alias Barbers-Hills, in the said William Dandridge, the son, and to settle the said four hundred and ninety six acres of land, and the slave aforesaid, to the same uses, pursuant to your majesty's instructions;
II. May it therefore pleas your most excellent majesty, at the humble suit of the said Unity Dandridge, and Nathaniel West Dandridge, that it may be enacted, and Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said tract or parcel of land, called Barbers field, alias Barbers hills, with the appurtenances, as aforesaid, devised by the last will and testament of the said John West, be, and the same is hereby vested in the said William Dandridge, the son, his heirs and assigns, to the only proper use and behoof of the said William Dandridge, his heirs and assigns for ever; and that the said four hundred and ninety six acres of land, so as aforesaid, purchased by the said William Dandridge, the testator, which are commonly called and known by the name of Whitehead's and Underwood's quarters, together with the following slaves, that is to say, Molly, Sarah, Tom, Robin, Jemmy, Billy son of Ogee, Jack the son of negroe Judy, Will Jackson a new negroe, and Sharper, the aforesaid Ben being dead, and also the issue and descendants of the slaves aforesaid, since the death of the said testator William Dandridge, shall be, and the same are hereby vested in the said Nathan West Dandridge,

and it will greatly redound to the benefit of the said Nathaniel West Dandridge, and all claiming under the will of the said John West, that the said fee-simple lands, and slaves, should be settled in lieu of and to the same uses, that the said tract or parcel of land, called Barbers-Field, alias Barbers-Hills, is and stands limited by the last will and testament of the said John West, and the aforesaid Unity, the widow, and relict of the said William Dandridge, being willing to relinquish her estate, in all the said premises, and to fulfil the will of her said husband. And forasmuch as notice has been published three Sundays successively, in the church of the parish where the said lands lie, that application would be made to this General Assembly, pursuant to the directions of the will of the said William Dandridge, to vest the said tract or parcel of land, called Barbers-Field, alias Barbers-Hills, in the said William Dandridge, the son, and to settle the said four hundred and ninety six acres of land, and the slave aforesaid, to the same uses, pursuant to your majesty's instructions;

II. May it therefore pleas your most excellent majesty, at the humble suit of the said Unity Dandridge, and Nathaniel West Dandridge, that it may be enacted, and Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said tract or parcel of land, called Barbers field, alias Barbers hills, with the appurtenances, as aforesaid, devised by the last will and testament of the said John West, be, and the same is hereby vested in the said William Dandridge, the son, his heirs and assigns, to the only proper use and behoof of the said William Dandridge, his heirs and assigns for ever; and that the said four hundred and ninety six acres of land, so as aforesaid, purchased by the said William Dandridge, the testator, which are commonly called and known by the name of Whitehead's and Underwood's quarters, together with the following slaves, that is to say, Molly, Sarah, Tom, Robin, Jemmy, Billy son of Ogee, Jack the son of negroe Judy, Will Jackson a new negroe, and Sharper, the aforesaid Ben being dead, and also the issue and descendants of the slaves aforesaid, since the death of the said testator William Dandridge, shall be, and the same are hereby vested in the said Nathan West Dandridge,

===========================================================

324

LAWS OF VIRGINIA, FEBRUARY 1752−−25th GEORGE II.

and that the said four hundred and ninety six acres of land, with the appurtenances, and the slaves aforesaid, and the issue and descendants of them, so long as any of them shall be living, shall pass in descent, remainder and reversion, to such person and persons, for such estate and estates, and subject to the like limitations, as the said tract or parcel of land, called Barbers field, alias Barbers hills, is, and stands limited, by the last will and testament of the aforesaid John West.

III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim and demand, other than the persons claiming under the last will and testament of the said John West as they, every or any of them, could or might claim if this act had never been made.

IV. Provided always, That the execution of this act shall be, and is hereby suspended, until his majesty's approbation thereof shall be obtained.

Signed by

ROBERT DINWIDDIE, Esq. Governor

JOHN ROBINSON, Speaker.

===========================================================

Pages 271-302 ======

Pages 325-350

===========================================================