Pages 189-210 
|  Pages 231-251
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| Pages 189-210
| Pages 231-251
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| CHAP. XIX. An act for appointing a Treasurer. | |
| I. WHEREAS by one act of the general assembly made in the second year of his majesty's reign, John Robinson, esquire, was appointed treasurer of the revenues arising from the duties on liquors and slaves, and of all other public money payable to the treasurer of this colony for public uses, by virtue of any act or acts of assembly; and the said John Robinson departing this life since the last session of assembly, after his death his majesty's lieutenant governor, in pursuance of the power and authority to him given by the said recited act, was pleased to appoint Robert Carter Nicholas, esquire, to be treasurer until the end of this session of assembly: And it being expedient that a treasurer should be appointed for receiving the revenues arising from the duties on liquors and slaves, and all other public money payable into the treasury of this colony: Be it therefore 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 from and after the end of this present session of assembly, Robert Carter Nicholas, esquire, shall be, and is hereby nominated, constituted, and appointed treasurer of the revenues arising from the duties on liquors and slaves, and of all other public money payable into the treasury of this colony for public uses, by virtue of any act or acts of assembly, to hold the said office during the continuance of this present general assembly. And the said Robert Carter Nicholas, esquire, is hereby authorized, impowered and required, to demand, receive, and take of and from the several collectors of the said duties all and every the sum and sums of money arising by force and virtue of the said acts, or any, or either of them, and shall apply and utter the same to and for such uses only, and on such warrants as by the said acts for laying the said duties, or by any other act or acts of assembly, is, or shall be appointed or directed, and shall be accountable for the said money to the general assembly. And the said Robert Carter Nicholas, esquire, is hereby authorized and impowered to demand and receive of the administrators of the said John | Death of John Robinson, esq. late treasurer
recited. Robert Carter Nicholas, esq. appointed treasurer. Authorised to collect balance due from late treasurer. Balance stated. |
| Robinson, the sum of five thousand six hundred and seven pounds three shillings and eleven-pence, now stated and found to be due from him for the balance of revenue arising from the duties on liquors and slaves; and also the sum of two thousand five hundred pounds, for the balance remaining in his hands, of the money appropriated for the Indian trade. | |
| II. And be it further enacted, by the authority aforesaid, That the salary of five pounds in the hundred, or so much as is or shall be by any act or acts of assembly allowed and limited, and so proportionably for a greater or less sum shall be allowed and paid to the treasurer hereby appointed, out of all and every the sum and sums of money by him received and accounted for, to the general assembly, as aforesaid: And that there shall be also allowed to the said treasurer for auditing and settling the accounts of inspection of tobacco, during the continuance of the laws in that behalf made, the sum of one hundred pounds per annum, for his trouble and service therein. And to the end a treasurer may not be wanting, in case of the death, resignation, or disability of the treasurer hereby appointed: Be it further enacted, That in either of these cases it shall and may be lawful for the governor or commander in chief of this colony, with the advice of the council for the time being, to appoint some other fit and able person to be treasurer of the duties, to hold the said office with all powers, authorities, salaries, and profits, aforesaid, until the end of the next session of assembly, and no longer. | Salary of treasurer. |
| III. And be it further enacted, That the said Robert Carter Nicholas, esquire, or the treasurer for the time being appointed, pursuant to this act, shall not be capable of executing the said office of treasurer until he hath given bond, payable to his majesty, his heirs, and successors, with such sufficient sureties as shall be approved of by the governor or commander in chief of the colony, in the sum of one hundred thousand pounds, for the due answering and paying all the money by him from time to time received, as aforesaid, to be recovered upon a breach thereof, on the motion of the succeeding treasurer in any court of record, for the public use; provided that ten days notice be given in writing of such motion. And moreover the said treasurer, before he enters into his said office, shall take an oath before the governor or commander in chief of this colony, to | Penalty of treasurer's bond. |
| the effect following viz. I do swear, that, to the best of my judgment, I will truly and faithfully execute the office of treasurer in all things, according to the true intent and meaning of the act of assembly, intituled, An act for appointing a treasurer. So help me God. | |
| IV. And be it further enacted, That the said treasurer shall keep in a book or books to be provided for that purpose, at the public charge, true, faithful, and just accounts of all the money by him received, from time to time, on the respective duties, taxes, and impositions, by virtue of any act or acts of assembly, and also of all such sum and sums of money as he shall pay out of the treasury pursuant to any act or resolution of assembly, which accounts shall be so kept as that the nett produce of the several and respective duties, taxes, and impositions, and the money paid out of the treasury, for every particular service, may appear separate and distinct from each other. | Accounts how to be kept. |
| V. And be it further enacted, That if the said treasurer, or the treasurer for the time being, shall divert or misapply any part of the money paid into the treasury for the public use, contrary to the directions to the acts of assembly by which the same is raised; then the said treasurer, for such offence, shall forfeit his office, and be incapable of any office or place of trust whatsoever; and moreover shall be liable to pay double the value of any sum or sums of money so diverted or misapplied, to be recovered for the public use, by motion of the succeeding treasurer, in any court of record, provided ten days notice be given in writing of such motion. | Penalty for misapplication of public monies. |
| VI. And be it further enacted, That Lewis Burwell, George Wythe, John Blair, the younger, John Randolph, and Benjamin Waller, esquires, or any three of them, be, and they are hereby appointed a committee to examine, in the months of June and December, in every year, into the state of the treasury; and the said treasurer is hereby required to lay before the said committee at the times aforesaid, all the accounts of the treasury, and produce the money in his hands, and thereupon the said committee shall cause all the treasury notes, which shall appear to have been received for the duties, taxes, and impositions, appropriated for the redemption of treasury notes, to be burnt and destroyed in their presence, and shall give a certificate thereof to the said treasurer, who shall be allowed for the same in his account. And the said committee shall moreover | Committee to examine into the state of the treasury. |
| cause to be published in the Virginia Gazette, after each examination, the amount of the notes so burnt, and also of the sums paid into the treasury, in the preceding half-year, by the several collectors of the duties, taxes, and impositions, aforesaid; and if the said committee shall discover that any sum or sums of money paid into the treasury upon the duties taxes, and impositions, aforesaid, hath or have been diverted to any use or uses contrary to the directions of the acts of assembly, by virtue whereof the said duties, taxes, and impositions, were raised, the said committee shall certify the same to the next session of assembly. | ||
 CHAP. XX. | ||
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| I. WHEREAS Charles Carter, esquire, deceased, of the county of King George, being in his life-time, and at the time of his decease, seized and possessed of a very considerable estate in lands and slaves, did, by his last will and testament, whereof he appointed Landon Carter, and Charles Carter, the younger, esquires, executors, give and bequeath sundry tracts of land, with the slaves thereon, in the said will mentioned, to his younger sons John and Landon Carter, and also considerable legacies as portions to his daughters; and being moreover at the time of his decease indebted to sundry persons, as well in England as in this colony, in large sums of money, amounting with the legacies, aforesaid, to sixteen thousand pounds and upwards, did by his said will charge all his lands and slaves with the payment of the said legacies, and direct that his executors should, in the first place, apply his slaves to the payment of his debts. But forasmuch as it hath been represented to this general assembly, by the executors of | Executors of Charles Carter, of King George, authorised to sell part of his lands and slaves. |
| the said Charles Carter, that the debts and legacies aforesaid, cannot be paid without selling all the slaves so as aforesaid devised by the will of the said Charles Carter, to his younger sons John and Landon, and that it would be much more advantageous to the said John and Landon, if the executors were enabled to sell such parts of the said lands, and so many of the said slaves, as to the said executors shall be found most convenient, and likely to preserve a just proportion of the lands and slaves, so as aforesaid, respectively, devised to the said John and Landon: Be it therefore 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 executors be, and they are hereby impowered, by good and sufficient deeds, to sell so much and such parts of the said lands and slaves as they shall find necessary, for the best price that can be got for the same; to hold to such purchaser or purchasers, his or their heirs, and assigns, for ever. And shall apply the money arising from the sales thereof towards paying the debts and legacies, and shall make up and render an account of the same to the court of the said county of King George. | ||
| CHAP. XXI. | ||
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| I. WHEREAS by an act of assembly passed in the eighteenth year of the reign of our late sovereign lord king George the second, certain lands, with the appurtenances, whereof George Carter, esquire, of the Middle Temple, died seized in fee simple, therein particularly mentioned and described, pursuant to the last will and testament in writing of the said George Carter, esquire, | Certain lands in George Carter, vested in trustees to be sold. |
| in the said act of assembly more particularly recited, were by the said act vested in Charles Carter, Peter Hedgman, Thomas Turner, Benjamin Robinson, George Braxton, the younger, and William Waller, gentlemen, and the survivors and survivor of them in fee simple. In Trust, nevertheless, that the said Charles Carter, Peter Hedgman, Thomas Turner, Benjamin Robinson, George Braxton, the younger, and William Waller, gentlemen, or any two or more of them, and the survivors and survivor of them, should sell the said lands, with the appurtenances, for the best price that could be got for the same, and should execute all deeds and conveyances necessary in law, for assuring unto the purchaser or purchasers a good estate in fee simple in the lands purchased, and should pay the money arising from such sale or sales, after deducting the necessary charges they should be at about the same, unto the several persons, who, by the will of the said George Carter, should be entitled to the same. And whereas the said trustees have all departed this life, and part of the said lands so as aforesaid vested in them still remain unsold; and for some of the lands sold by them, no conveyances were executed to the purchasers, who have notwithstanding paid their money, and are in possession of the land so purchased; and the several parties claiming under the will of the said George Carter, being desirous that the said will should be fully performed at their humble suit: 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 from and after the passing this act, the parts, parcels, or remainder, of the said tracts of land, whereof the said George Carter, died seized in fee simple, and were by the aforerecited trustees left unsold, or which were sold and not conveyed by them at the times of their decease, be, and they are hereby vested in the honourable Robert Burwell, esquire, George Washington, and Fielding Lewis, esquires, and the survivors or survivor of them in fee simple. In trust, nevertheless, that the said Robert Burwell, George Washington, and Fielding Lewis, or any two of them, and the survivors or survivor, shall sell to any person or persons who shall be willing to purchase the same, and for the best price that can be got, all and singular the premises hereby vested in them, and which remain unsold, and every part and parcel thereof, and shall |
| and may execute all deeds and conveyances necessary in law for assuring unto such purchaser or purchasers, or to any other person or persons who purchased of the former trustees, and have paid the consideration money to them, or shall pay the same to the trustees herein appointed, a good estate in fee simple, in the lands so purchased or to be purchased. And such purchaser or purchasers, shall for ever thereafter, peaceably and quietly hold and enjoy the lands so purchased, to them, their heirs, and assigns, for ever. And the said trustees shall pay the money arising from such sale or sales, after deducting all arrears of quitrents due for the said lands unsold, which they are hereby directed to pay to the right honorable the lord proprietor of the Northern Neck, a commission of five pounds per centum for their trouble, and the necessary charges they shall be at in the execution of this act, unto the several persons, who, by the will to the said George Carter, deceased, are, or shall be, entitled thereto, according to their several respective and distributive rights, interest, and shares, therein. | |
| II. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the said trustees, or any one of them, and they are hereby impowered to demand and receive from any person whatsoever, any sum or sums of money that may have been paid in consideration of the sale of any part of the said lands heretofore made by the former trustees. | |
| 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 heirs of the said George Carter, and the persons claiming under his will, all such right, title, estate, interest, claim, and demand, whatsoever, of, in and to, all or any of the said lands and tenements, hereby vested in the aforenamed trustees, as they, every, or any of them had, should, or might have, if this act had never been made. |
| CHAP. XXII. | ||
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| I. WHEREAS Charles Carter, late of Cleve, in the county of King George, esquire, was seized of divers lands, tenements, and hereditaments, as tenant in fee simple, and of divers other lands, tenements, and hereditaments, as tenant in fee tail male, and was possessed of a great number of negro and other slaves; and being so seized and possessed, made and published his last will and testament in writing, bearing date the 10th day of September, in the year of our lord one thousand seven hundred and sixty-two, duly proved in the court of the said county of King George, and remaining amongst the records thereof; by which last will the said Charles Carter devised all or the greater part to the said lands holden by him in fee simple, and bequeathed many of the said slaves to his second and third sons, John Carter and Landon Carter, chargeable with the payment of his debts, and sundry legacies, given in and by the said last will and testament to many of his daughters. And afterwards the said Charles Carter departed this life, seized and possessed as aforesaid. And whereas great part of the lands so devised to the said John Carter and Landon Carter are far remote from navigation, and by the said testator were demised to sundry tenants for lives, or upon long terms: And whereas Charles Carter, esquire, eldest son and heir of the body of the beforenamed Charles Carter, the testator, claims and hat commenced an action at common law, now depending in the general court, against the executors of his said father's will, to recover possession of most of the said slaves bequeathed to his brothers, in manner aforesaid; insisting that by the last will and testament of his grand-father, the honourable Robert Carter, esquire, deceased, those slaves are annexed to certain lands devised in tail male, by the said Robert Carter to the said Charles Carter, the father, and ought to descend to the said Charles Carter, his son and heir male; so that if the said lands | Trustees authorised to sell certain lands whereof Charles Carter, the elder, is seized in fee tail. |
| and slaves devised and bequeathed to the said John Carter and Landon Carter (the profits whereof will not be near sufficient to pay the debts and legacies, charged thereon, by the said Charles the father) should be sold for that purpose, which the impatience of creditors and legatees, which are numerous, will make necessary, before the leases whereby the lands are incumbered will expire, and the disputed title of the slaves can be determined, the estates of the said two younger sons will be very much diminished, if not entirely ruined. And whereas the slaves of the said Charles Carter the son, now in his possession, even if they are entailed by virtue of his said grand-father's will (as they are supposed to be) are nevertheless liable, during his life-time, to the payment of his debts, which are very considerable; and unless he is enabled to clear them without suffering his said slaves to be taken in execution, and sold for that purpose, he will be obliged, for the support and maintenance of himself and his family, to sell and dispose of the timber on his entailed lands, and make such leases thereof as will be most for his present benefit, whereby the value thereof must diminish daily, to the great detriment to the heirs, in tail male or reversion. For the prevention of all which inconveniences, the said Charles Carter the son, is desirous that certain lands herein after described, of which he is seized as tenant in tail male; and which, after his death without heirs male, will descend to his said brothers successively, shall be sold, and the sum of five thousand pounds current money, out of the money arising by such sale, applied towards the payment of his said father's debts and legacies, and relief of his brothers estates, charged therewith, and is willing that the absolute property of the slaves, bequeathed to his said brothers, as aforesaid, shall be vested in them, and made subject to the residue of such debts and legacies, according to their father's said will: And it being reasonable to effectuate the intention of the said Charles Carter the son, which is for the advantage of all his father's family: And forasmuch as notice hath been published three Sundays successively in the churches of the parishes wherein the lands to lie, pursuant to your majesty's instructions, that application would be made to this general assembly for such an act, concerning the premises, as should be judged proper and just: May it please your most excellent majesty, at the humble suit of the said Charles Carter the son, John |
| Carter, and Landon Carter, and also of the guardians of the said John and Landon, being likewise executors of the will of the said Charles Carter the father, that it may be enacted; And be it further 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 all that tract of land, situate, lying and being, in the county of King George, known by the name of Richland tract, containing nine hundred and thirty-one acres; also one other tract, adjoining, containing three hundred and fifty acres; also one other tract of land, situate in the said county of King George, commonly called and known by the name of Splitstone, containing twelve hundred acres, also one other tract, situate in the aforesaid county, containing twelve hundred acres, being the land purchased of John Mercer and wife; and a tract of land containing six hundred and twenty-eight acres, thereto adjoining; and one other tract of three hundred and thirty-three acres, adjoining the said land purchased of John Mercer, as aforesaid; and one other tract, thereto adjoining, containing one hundred and fifty-nine acres; also one other tract of land, situate, lying and being, in the county of Culpeper, containing three thousand six hundred and forty acres, commonly called and known by the name of the Mountpone tract; also one other tract, lying and being in the county of Lancaster, containing two thousand two hundred acres, known by the name of the Brick-House tract; also one other tract of land, situate, lying and being in the county of Stafford, containing thirteen thousand acres, and known by the name of the Poplar or Malacapcal tract; also one other tract, situate, lying and being, on Rocky Run, in the county of Fauquier, containing eleven hundred acres, as by the original deeds, leases and releases of record, in the secretaries office, and the proprietary office of the right honourable Thomas, lord Fairfax, and of record in the several county courts above-mentioned, relation being thereunto severally had, may more fully and at large appear, the several tracts, containing in the whole, twenty-five thousand four hundred and ninety-six acres, be vested in Fielding Lewis, William Robinson, William Fitzhugh, of Somerset, William Fitzhugh of Marmion, Joseph Jones, John Skinner, Lewis Willis, and Charles |
| Washington, esquires, and the survivors and survivor of them, and the heirs of such survivor, In Trust, That the said Fielding Lewis, William Robinson, William Fitzhugh, of Somerset, William Fitzhugh of Marmion, Joseph Jones, John Skinner, Lewis Willis, and Charles Washington, esquires, and the survivors and survivor of them, and the heirs of such survivor, shall and may sell and dispose to the said lands, tenements and hereditaments, for the best price that can be got, and convey and assure the same to the purchasers and their heirs, to have and to hold the same to such purchasers, and to their heirs and assigns, to the only proper use and behoof of the said purchasers, and of their heirs and assigns for ever; which conveyance and assurances, shall, and are hereby declared to be sufficient to vest the fee simple estate of the lands, tenements and hereditaments, so to be conveyed and assured in such purchasers; and that the said Fielding Lewis, William Robinson, William Fitzhugh, of Somerset, William Fitzhugh, of Marmion, Joseph Jones, John Skinner, Lewis Willis, and Charles Washington, esquires, and the survivors and survivor of them, and the heirs of such survivor, shall pay the said sum of five thousand pounds current money, out of the money arising by such sales, to the executors of the last will and testament of the said Charles Carter the father, to be by them disposed of in discharging their said testator's debts and legacies, and pay the residue of the said money to the said Charles Carter the son, or to his executors, or administrators, to his and their own use. | |
| II. And be it further enacted, That the absolute property of the said slaves bequeathed by the said last will and testament, of the said Charles carter the father, to the said John Carter and Landon Carter, be absolutely vested in them the said John Carter and Landon Carter; subject, nevertheless, to the debts and legacies they are charged with by the will of Charles Carter the elder, as aforesaid. | |
| III. Saving to the king's most excellent majesty, his heirs and successors, to all and every other person and persons, bodies politic and corporate, and to their respective heirs and successors, other than the persons claiming in reversion, or remainder, after the death of the said Charles Carter, the son, all such right, title, interest, claim and demand, as they, every, or any of |
| them, should or might claim, if this act had not been made. | ||
| IV. Provided always, That the execution of this act shall be, and the same is hereby suspended until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XXIII. | ||
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| I. WHEREAS John Savage, late of the county of Northampton, gentleman, deceased, was in his life-time seized in fee simple, of and in a tract of land containing nine hundred and fifty acres, situate, lying and being in Savage's neck, in the parish of Hungar's, in the said county of Northampton, and being so seized, did by his certain deed in writing, bearing date the sixteenth day of December, one thousand six hundred and sixty-seven, give the said nine hundred and fifty acres of land to Mary Robins, and the heirs of her body, lawfully begotten, for ever, as by the said deed recorded in the court of the said county of Northampton, may more fully appear: And soon after making the said deed, the said Mary Robins intermarried with the said John Savage, by whom she had issue Thomas Savage, her eldest, son and heir, and died; after whose death the said Thomas Savage entered, and died seized thereof leaving issue Thomas Savage, his eldest son and heir, who also died seized leaving Nathaniel Littleton Savage, his eldest son and heir, who is now seized thereof in fee tail. And whereas the said Nathaniel Littleton Savage is seized in fee simple, of and in two tracts of land, which he lately purchased of Ralph Wormeley, esquire, containing one thousand eight hundred acres, situate in the parish of Yorkhampton, in the county of York, and of the following slaves, to wit, Daphne, Lucy, Chole, Hanibal, Gundy, Dick, Sally and Bristol. And whereas it will be greatly to | Nathaniel Littleton Savage, authorised to dispose of certain entailed lands. |
| the advantage of the said Nathaniel Littleton Savage, and his family, to dock the entail of the said nine hundred and fifty acres of land, in the county of Northampton, and to settle the said one thousand eight hundred acres, in the county of York; and the said slaves, with the future increase of the females, being of greater value, to the same uses. And forasmuch as notice has been published three Sundays successively in the churches of the parish of Hungar's, in the county of Northampton, that application would be made to this present general assembly, to dock the entail of the said lands, in the county of Northampton, upon settling the other lands and slaves of greater value, to the same uses, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said Nathaniel Littleton savage, 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 nine hundred and fifty acres of land be, and the same is hereby vested in the said Nathaniel Littleton Savage, his heirs, and assigns, for ever, to his and their own use and behoof; and that the said one thousand eight hundred acres of land, in the county of York, and the said slaves, with the future increase of the females, be, and the same are hereby vested in the said Nathaniel Littleton Savage, and the heirs of his body, for ever; and on failure of such heirs, the same shall remain, go and descend to all and every such person and persons, and for such estate, and in such sort, manner and form, as the said lands, in the county of Northampton, would have remained, gone and descended, by virtue of the deed of the said John Savage, if this act had never been made. | |
| II. 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 deed of the said John Savage) 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. | |
| III. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. XXIV. | ||
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| I. WHEREAS Unity Dandridge, widow, formerly of the county of King William, deceased, was in her life-time seized in fee simple, of and in a large tract of land, containing four thousand eight hundred and thirty-two acres, situate in the parish of St. Martin, in the county of Hanover; and being so seized, in and by her last will and testament in writing, bearing date the ninth day of July, one thousand seven hundred and fifty-three, she, the said Unity, did devise twelve hundred acres, part of the said tract of land, which had been granted to her father, Nathaniel West, gentleman, deceased, by patent, bearing date the thirteenth day of October, one one thousand seven hundred and twenty-three, unto her son, Nathaniel West Dandridge, esquire, and Dorothea his wife, during their natural lives, and after their decease, to their daughter Martha Dandridge, and the heirs of her body for ever; and in default of such heirs, to Elizabeth Claiborne, the wife of Philip Whitehead Claiborne, gentleman, and her heirs for ever. And the said Unity, by her said will, did devise all the residue of the said tract of land unto her said son, Nathaniel West Dandridge, and the heirs male of his body, lawfully begotten, with several remainders over, as in and by the said will, duly proved and recorded, in the said county court of King William, may more fully appear; and soon after making the said will; the said Unity died so seized of the said land, and the said Nathaniel West Dandridge, her son, entered into the said lands, and was and is seized thereof, for such estate and interest as is devised him by the will aforesaid. And whereas by an act of assembly passed in the twenty-eighth year of the reign of his late majesty king George the second, intituled, An act to dock the entail of certain lands, whereof Nathaniel West Dandridge, gentleman, is seized, and for settling other lands and slaves of greater value to the same uses, four hundred and ten acres of land, adjoining the tract aforesaid, and fifty negro slaves | Certain entailed lands vested in Nathaniel West Dandridge. |
| therein named, with their future increase, were, among other things, vested in the said Nathaniel West Dandridge, and the heirs of his body, with several remainders; in default of such issue, as in the said act is more particularly mentioned. And whereas the said Nathaniel West Dandridge, is possessed of sundry other salves, as his absolute property, and being indebted in large sums of money, must sell those slaves, or they will be taken in execution, and sold for the payment of his debts, whereby his lands will be rendered rather a burthen to him, as the entailed slaves are mostly females, or young ones unfit for labour, unless he can be allowed to sell part of the said lands to enable him to pay his debts, upon settling slaves to the same uses; from the profits whereof he may support himself and family, and make some provision for his younger children. And whereas it is most convenient to sell part of the said land, to be laid off at one end of the tract, which cannot be done without including the houses and plantation, where the said Dandridge lives, at one end or at the other, the twelve hundred acres of land so devised by the will of the said Unity Dandridge, to her grand-daughter, Martha Dandridge, after the death of the said Nathaniel West Dandridge, and Dorothea his wife, and the before named Philip Whitehead Claibourne, and Elizabeth his wife, the next in remainder, under the will of the said Unity, on the death of the said Martha, without issue, are consenting to the sale of that part of the said land upon settling slaves in lieu thereof, in manner herein after mentioned: But whether the two hundred sixty-six and an half acres, residue of the fourteen hundred sixty-six and an half acres, herein after vested in the said Nathaniel West Dandridge in fee simple, includes any part of the four hundred and ten acres, in the said recited act mentioned, is not certainly known. And whereas notice hath been published three Sundays successively, in the several churches of the said parish of St. Martin, that application would be made to this present general assembly, to dock the entail of fourteen hundred and sixty-six and an half acres of land, part of the tract aforesaid, and to settle slaves in lieu thereof, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said 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 fourteen hundred and sixty-six and an half acres of land (part of the tract aforesaid) to be laid off and bouded as follows, that is to say, beginning at William Atkinson's corner white-oak and poplar at Turkey creek; thence north thirty-three and a half degrees east three hundred and forty-four poles to a poplar in Walker's branch; thence north forty-nine degrees east one hundred and forty poles to a white-oak corner to Boswell and Richards; thence north fifty degrees east twenty poles; thence south four and an half degrees east one hundred and thirty poles to a corner pine at the head of the Cat-tail branch; thence down the water course of the said branch to a hickory now marked as a corner for dividing this land from the residue of the tract; thence across the tract, along several lines now marked, to a hickory in Atkinson's line another dividing corner; thence south sixty-six degrees west one hundred and sixty-two poles to two persimmon trees corner to Atkinson; thence north seventy-six degrees west one hundred and ninety-two poles to a corner ash on Turkey creek aforesaid, and down the said creek to the beginning, be, and the same is hereby vested in the said Nathaniel West Dandridge, his heirs and assigns, for ever; to his and their own proper use and behoof: And that the following negro slaves, whereof the said Nathaniel West Dandridge is now possessed, as his absolute property, that is to say, a woman, named Mary, and her children, named Sarah, Judy, Dinah, Daniel, and Peter; a woman, named Betty (daughter of Nell) and her children, named Lucy, George, and Frank; a woman, named Molly, and her children Jack, Sam, and Charity; a woman, named Tamar, and her child Anthony; and seven men, named Booth's Sam, Peter, yellow Peter, George, Jack, Robin, and Pompey, with the future increase of the females, be, and the same are hereby vested in the said Nathaniel West Dandridge, his heirs, executors, or administrators: In Trust, to and for the following uses, that is to say, to the use of the said Nathaniel West Dandridge, and Dorothea his wife, and to the survivor of them, for his or her life; and from and after the death of such survivor, to the use of the said Martha Dandridge, the daughter and the heirs of her body, for ever; and in default of such issue, the said slaves and their increase, or such of them, as shall be then living, shall pass and go to such person or persons, and for such estate and interest |
| therein, as the above mentioned twelve hundred acres of land would have remained, descended and gone by virtue of the limitations in the will of the said Unity Dandridge if this act had never been made. | ||
| II. And be it further enacted, That six other negro slaves, to wit, a man, named Philip; a woman, named Judy, and her children, named Tamar, Judy, Patty, and Gib, with the future increase of the females, shall be, and the same are hereby annexed to the residue of the said tract of four thousand eight hundred and thirty-two acres, to descend, pass, and go therewith, to the said Nathaniel West Dandridge, and the heirs male of his body, and in default of such issue, to such person or persons, as the said lands will descend, pass, and go by virtue of the limitations in the will of the said Unity Dandridge, deceased. | ||
| 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, other than the persons claiming under the will of the said Unity Dandridge, deceased, or the herein before recited act, all such estate, right, title, or interest, as they, every, or any of them could or might have had or claimed, if this act had never been made. | ||
| IV. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XXV. | ||
| ||
| I. WHEREAS Robert Beverley, the elder, of the county of Middlesex, gentleman, deceased, was in his life-time seized of a valuable estate in lands, commonly called and known by the name of Beverley Park, situate | Certain entailed lands whereof Robert Beverley is seized, docked. |
| in the parish of Drysdale in the counties of King and Queen, and Caroline, containing seven thousand six hundred acres, and being so seized, by his last will and testament in writing, did devise unto his son John Beverley, and to his heirs, for ever, three thousand acres, part of the said seven thousand six hundred acres of land, and did devise other three thousand acres thereof, unto his son, Thomas Beverley, and to his heirs, for ever. And whereas the said Robert Beverley was in his life-time seized of one other tract of twelve hundred acres of land, commonly called and known by the name of the Plain, adjoining the said tract of seven thousand six hundred acres, and bounded as by the patents, relation being thereunto had, may more fully appear; and being so seized, did, by his last will and testament, give unto the child, whereof his wife was then ensient, be it male or female, and to it's heirs, for ever, all the residue of his lands and plantations, not specifically devised in his said will; and in case the said child should die without issue, or heirs of it's body, lawfully begotten, all such lands as were not by him, in his said will expressly given, and named, he gave unto his eldest son, Peter Beverley, and to his heirs male of his body, lawfully begotten; and for want of such heirs male of his body, then to his son, Robert Beverley, and to his heirs male, lawfully begotten; and for want of such heirs male of his body, then to his son, Robert Beverley, and to his heirs male of his body, lawfully begotten, to his son William Beverley, and his heirs for ever. And whereas the child unborn, at the time of making the said will, proved a son, named Christopher, who, by virtue of the said will, became seized of sixteen hundred acres, the surplus of the said seven thousand six hundred acres of land, and the said twelve hundred acres adjoining thereto, being the lands, not otherwise particularly disposed of by the said will, and died so seized without issue; the first in remainder therein named, being before dead without issue male; William Beverley, esquire, eldest son and heir male of Robert Beverly, esquire, who is now seized thereof as tenant in tail male, and is also become seized in fee simple of the said six thousand acres, so devised to the sons, John and Thomas Beverley, as aforesaid. And whereas the said Robert Beverley, the younger, is seized in fee simple of three thousand five hundred and fifty acres; it being one moiety of seven |
| thousand one hundred acres of land, in the county of Culpeper, called and known by the name of Wakefield; and it will be greatly to the advantage of the said Robert Beverley, and his issue, if the said two thousand eight hundred acres of entailed lands, were vested in him in fee simple, it being contiguous to the six thousand acres aforesaid; and the said three thousand five hundred and fifty acre of land, in the county of Culpeper, being of greater value, settled in tail male, in lieu thereof: And forasmuch as notice has been published in the several churches in the said parish of Drysdale three Sundays successively, that application would be made to this present general assembly, to dock the entail of the said two thousand eight hundred acres of land, in the counties of King and Queen, and Caroline, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said Robert Beverley, 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 of land, containing two thousand eight hundred acres, in the parish of Drysdale, in the said counties of King and Queen, and Caroline, be, and the same are hereby vested in the said Robert Beverley, his heirs and assigns, for ever, to his and their own proper use. And that the said three thousand five hundred and fifty acre of land, called Wakefield, in the county of Culpeper, be, and the same is hereby vested in the said Robert Beverley, and the heirs male of his body, to pass, remain, and descend to all and every such person and persons, and for such estate or estates, and in such sort, manner, and form, as the said two thousand eight hundred acres would have remained, gone, and descended, by virtue of the limitations, in the will of the said Robert Beverley, the elder, if this act had never been made. | |
| II. 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 will of the said Robert Beverley, the elder, all such right, title, interest, claim, and demand, as they, every, or any of them should or might have or claim, if this act had never been made. |
| III. Provided always, That the execution of this act shall be, and the same is hereby suspended until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XXVI. | ||
| ||
| I. WHEREAS John Wormeley, formerly of the county of Middlesex, esquire, deceased, was in his life time seized, among other lands, of two tracts of land, lying near each other, in the parish of Yorkhampton, in the county of York, and containing one thousand eight hundred acres; and imagining he had a fee simple estate therein, he, the said John, in and by his last will and testament in writing, bearing date the fifteenth day of April, one thousand seven hundred and twenty-five, did devise the said tract of land, with all his other real estate, to his son Ralph Wormeley, esquire, in tail male, with several remainders over, as in and by the said will recorded in the general court, may more fully appear, and soon after died so seized, but whether in fee simple, or that he had an estate tail only therein under the will of his father, Ralph Wormeley, the elder, esquire is doubtful; and after the death of the said John, his said son, Ralph Wormeley, the younger, entered into the said lands, and was and is seized as tenant in tail male thereof, either under the will of his said father, or grand-father. And whereas the said Ralph Wormeley is seized in fee simple of and in a tract of land, containing eight thousand and seven acres, purchased of Mann Page, esquire, lying on Shannandoa river, in the county of Frederick; and it would be greatly to the interest, as well of the said Ralph Wormeley, as those who shall succeed to the estate tail, if he was allowed to sell the said lands, in the county of York, and to settle four thousand acres, part of the said tract, in the county of Frederick, in lieu thereof; to which Ralph Wormeley, the | Certain entailed lands whereof Ralph Wormely is seized, vested in him, in fee simple. |
| younger, esquire, eldest son and apparent heir male of the said Ralph, being now of full age, is consenting: And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Yorkhampton, that application would be made to this present general assembly, for an act to dock the entail of the said lands, in the county of York, upon settling other lands in lieu thereof, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said Ralph Wormeley, the elder, 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 two tracts of land, in the county of York, containing one thousand eight hundred acres, more or less, be, and the same is hereby vested in the said Ralph Wormeley, his heirs and assigns, for ever, to his and their own proper use and behoof: And that four thousand acres of land, part of the said tract in the county of Frederick, to be laid off at the lower or north-east end, by a line to be run parallel to the said lower line, so as to include the said quantity, be, and the same is hereby vested in the said Ralph Wormely, the elder, and the heirs male of his body; and in default of such heirs male, the same shall descend, pass and go, to such person or persons, and for the like estate and interest therein, as the said lands, in the county of York, would have remained, descended and gone, in case this act had never been made. | |
| II. 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 wills of the said Ralph Wormeley, the grand-father, or John Wormeley, the father, all such estate. right, title, or interest, claim, as they, every, or any of them could or might claim, if this act had never been made. | |
| III. Provided always, That the execution of this act shall be, and the same is hereby suspended until his majesty's approbation thereof shall be obtained. |
| Pages 189-210
| Pages 231-251
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