Pages 409-429 
|  Pages 452-473
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| Pages 409-429
| Pages 452-473
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| CHAP. LXIII. | ||
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| I. WHEREAS by an act of assembly made in the twelfth year of the reign of his late majesty George the second, intituled An act for erecting two new counties and parishes, and granting certain encouragements to the inhabitants thereof, all levies and officers fees becoming due from the inhabitants of the counties and parishes of Frederick and Augusta, might be paid in money, for tobacco, at three farthings per pound; and whereas by one other act of assembly made in the twenty-second year of his said majesty's reign, intituled An act for the support of the clergy, and for the regular collecting and paying the parish levies, it is among other things enacted, that every minister preferred, or to be preferred or received, into any parish within this dominion, should have and receive an annual salary of sixteen thousand pounds of tobacco and cask, with an allowance of four per cent. for shrinkage, to be levied, collected, and paid in tobacco, which last mentioned act was a repeal of so much of the former as related to the ministers salaries, in the said parishes of Frederick and Augusta; but from a mistaken opinion that the said salaries were payable in money at three farthings a pound, at the instance of the minister and vestry of the said parish of Frederick, an act of assembly was passed in the seventh year of the reign of his present majesty, intituled An act for increasing the salary of the minister of the parish of Frederick, in the county of Frederick, whereby the vestry of the said parish were impowered and required to levy for their minister annually, the sum of ninety-one pounds, to make his salary equal to that of other ministers, which addition is become unnecessary: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said last mentioned act, intituled An act for increasing the salary of the | Act encreasing the salary of the minister of Frederick parish, in county of Frederick repealed. |
| minister of the parish of Frederick, in the county of Frederick, and every clause thereof, be, and the same is hereby repealed. | ||
 CHAP. LXIV. | ||
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| I. WHEREAS it is represented to this present general assembly that the glebe belonging to the parish of Bristol, in the counties of Prince George and Dinwiddie, is inconveniently situated, and contains only one hundred and ninety-two acres and an half, and it would be very advantageous to the minister of the said parish, as also to the inhabitants thereof in general, if the vestry of the said parish were impowered to dispose of the said glebe, and lay out the money, arising from the sale thereof, in purchasing a more convenient glebe, and erecting buildings thereon: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said glebe, with the appurtenances, be, and the same is hereby vested in the said vestry of the parish of Bristol; In Trust, nevertheless, that the said vestry, or the greater part of them, shall, by deeds of bargain and sale, sell and convey the said glebe, with the appurtenances, for the best price that can be got for the same, to any person or persons who shall be willing to purchase the same, to hold to such purchaser or purchasers, his or their heirs and assigns, forever. | Vestries of Bristol parish, in counties of Dinwiddie and Prince George, authorised to sell their glebe. | |
| II. And be it further enacted, by the authority aforesaid, That the money, arising by the sale of the said glebe, shall be, by the said vestry, laid out and applied for and towards purchasing a more convenient tract or parcel of land for a glebe for the said parish, and erecting |
| buildings thereon, for the use and benefit of the ministers of the said parish of Bristol, for the time being, for ever. | |
| 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 said vestry, and the persons claiming under them, all such right, title, estate, interest, claim, and demand, as they, every, or any of them should or might claim if this act had never been made. | |
| CHAP. LXV. An act for dissolving the several vestries therein mentioned. | |
| I. WHEREAS it is represented to this present general assembly that the vestry of the parish of Hungars, in the county of Northampton, have been guilty of unwarrantable proceedings, and that a majority of the vestry of the parish of Augusta, in the county of Augusta, are dissenters from the church of England, and that there are such divisions among the vestry of the parish of Overwharton, in the county of Stafford, that the affairs of the said parish have for some time been neglected and mismanaged: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the vestries of the said parishes of Hungars, Augusta, and Overwharton, shall be, and the same are hereby, respectively, dissolved. | Vestries of Hungars parish, in county of Northampton, of Augusta parish, in county of Augusta, and of Overwharton parish, county of Stafford, dissolved. |
| II. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parishes of Hungars, Augusta, and Overwharton, respectively, shall meet at some convenient time and place, to be appointed, and publicly advertised by the sheriffs of the said counties of Northampton, Augusta, and Stafford, respectively, at least one month before the twentieth day of September next, and then and there elect twelve of the most able and discreet persons, being |
| freeholders, and resident in their respective parishes, for vestrymen, in every of the said parishes; which vestrymen, so elected, having, in the courts of the said counties of Northampton, Augusta, and Stafford, respectively, taken and subscribed the oaths prescribed by law, and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be vestries of the said parishes of Hungars, Augusta, and Overwharton, respectively. | ||
| III. And whereas the levies of the said parish of Overwharton, for two years last past, have not been laid by the vestry thereof, whereby the creditors of the said parish remain unpaid: Be it therefore enacted, That the vestry of the said parish, to be elected by virtue of this act, shall levy and assess upon the tithable persons of the said parish all such sums of money, and quantities of tobacco, as ought to have been levied and assessed by the said present vestry. | ||
| IV. Provided always, That notwithstanding any thing in this act contained, any suit or suits brought by or against the vestry or churchwardens of either of the said parishes, and now depending, may be prosecuted in the same manner as if this act had not been made. | ||
| CHAP. LXVI. | ||
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| I. WHEREAS by an act of assembly passed in the thirty-second year of the reign of king George the second, intituled An act for vesting certain lands, belonging to the Pamunkey Indians, in trustees, to be leased out for their benefit, all the lands belonging to the said | New trustees for Pamunkey Indians appointed. |
| Indians, lying in the county of King William, separate from the tract whereon they lived, were vested in certain trustees, for managing and taking care of the same, for the benefit of the said Indians; and the said trustees, or any two of them, were impowered to lease out the said lands, in such manner, to such person or persons, and for such rent or rents as they should from time to time, judge reasonable, under certain restrictions therein mentioned, and apply such rents to and for the use and benefit of the said Indians: And whereas, in pursuance of the said act, the said trustees did lease out the said lands upon certain terms stipulated in a lease, by them executed; but all the trustees being dead, except one, it is become necessary to appoint new trustees to see that justice is done to the said Indians: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That Bernard Moore, Carter Braxton, George Webb, Robert Ruffin, Thomas Claiborne, and Francis West, gentlemen, be, and they are hereby constituted and appointed trustees for managing and taking care of the said lands, for the benefit of the said Indians; and they the said Bernard Moore, Carter Braxton, George Webb, Robert Ruffin, Thomas Claiborne, and Francis West, or any three of them, shall have the same power and authority to do all and every matter or thing in the execution of the said recited act as if they had been particularly named as trustees therein. | |
| II. Provided always, That nothing herein contained shall be construed so as to make void any lease or leases made by the former trustees, in pursuance of the said act. | |
| III. And whereas controversies often arise among the said Indians, touching their respective boundaries and titles to the said lands: Be it therefore enacted, by the authority aforesaid, That the said trustees, or the major part of them, upon application to them made, shall and may, and they are hereby impowered, after summoning the parties before them, to hear and determine the matter in dispute, in such manner as they shall think just and equitable. | Their powers in settling controversies respecting boundaries of land. |
| CHAP. LXVII. | ||
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| I. WHEREAS a tract or parcel of land containing three hundred acres, lying and being in the parish of Ware, in the county of Gloucester, was given and devised by one Zachary Crips for a glebe to the said parish forever, for the use of the incumbent or minister of the said parish, for the time being; besides which, the vestry of the said parish, have appropriated three hundred and seventy acres of land for a glebe to that parish, which might be rendered a much better provision for the incumbent of the said parish, for the time being, by annexing some slaves to the same; and the said three hundred acres of land, so as aforesaid devised by the said Crips, being of little or no value to the incumbent, it would be more for his benefit if the same might be sold, and the purchase money applied to the buying of slaves, to be annexed to the said glebe of three hundred and seventy acres, so as aforesaid appropriated by the said parish: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said three hundred acres of land, with the appurtenances, devised by the said Crips, be, and the same are hereby vested in the reverend James Maury Fontaine, Robert Throckmorton, Francis Tompkies, and Francis Whiting, gentlemen, of the said parish of Ware: In Trust, that they, or any two of them, shall sell, and by good and sufficient deeds convey, for the best price that can be got for the same, the said three hundred acres of land, with the appurtenances, by such description as they shall think necessary, to any person or persons who shall be willing to purchase the same, to hold to such purchaser or purchasers in fee simple; and when the same shall be sold and conveyed, the said trustees shall account with the vestry of the said parish | Certain lands devised by Zachary Crips, for a glebe, in parish of Ware, in Gloucester county, to be sold. |
| of Ware, who shall receive the purchase money in trust for the applying the same in the purchase of slaves, one half of which shall be young females, to be annexed to the said three hundred and seventy acres of land, for the use of the incumbent, for the time being, forever; which lands and slaves, together with their future increase, so as aforesaid to be annexed, shall be deemed and taken to be in lieu and full satisfaction of and for any glebe the vestry of the said parish of Ware ought to purchase or provide for the minister or incumbent thereof; any law, custom, or usage, to the contrary threof, in any wise, notwithstanding. | ||
| 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 minister or incumbent of the said parish, for the time being, 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. | ||
| CHAP. LXVIII. | ||
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| I. WHEREAS Charles Carter, late of Cleve, in the county of King George, esq. was, in his life-time, and at the time of his death, seized in fee simple of divers tracts of and, and particularly of a tract containing six thousand one hundred and thirty-three acres, ling on Broad run, in the parish of Hamilton, in the counties of Fauquier and Prince William, and another of six thousand one hundred and sixty-six acres, lying on Kettle run, in the said parish and counties, and was also possessed of a considerable estate in slaves; and being so seized and possessed, he the said Charles Carter, in and by his last will and testament, in writing, bearing date the tenth day of September, one thousand | Executors of Charles Carter, of Cleve, authorised to sell part of his lands, in Fauquier & Prince William. |
| seven hundred and sixty-two, did bequeath large sums of money in legacies to his daughters and others, which, with the debts he then owed, amounted to upwards of sixteen thousand pounds, and charged with the payment of such debts and legacies, did devise all his said lands, and most of his slaves, to his sons John and Landon Carter, the lands to them respectively, and the heirs of their bodies, with several remainders over, and did direct that his executors should, in the first place, apply his slaves to the payment of his debts, and of his said will appointed Landon Carter, and Charles Carter of Corotoman, esquires, executors, as by the said will, duly proved and recorded in the said county court of King George, may more fully appear; and soon after the making thereof the said testator died. And whereas it is represented to this general assembly, by the said executors, that the said debts and legacies cannot be paid without selling all the testator's slaves, whereby the lands devised to the sons John and Landon, will be rendered of little value to them, for want of slaves to work the same, and it will be greatly to the advantage of the said John and Landon if the executors were allowed to sell the two tracts of land herein before mentioned, for the payment of the debts and legacies, whereby part of the slaves might be saved. And forasmuch as notice hath been published three Sundays successively in the several churches of the parish of Hamilton that application would be made to this present general assembly for an act to dock the intail of the said two tracts of land, for the purposes aforesaid, according to your majesty's instructions, | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Landon and Charles Carter, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said two tracts of land, on Broad run and Kettle run, in the counties of Fauquier and Prince William, be, and the same are hereby vested in the said Landon Carter, and Charles Carter, or the survivor of them, and the heirs of such survivor, In Trust, nevertheless, that they, or the survivor of them shall fairly sell and convey the same to any person or persons willing to purchase, to hold to such purchaser or purchasers in fee simple, discharged of the limitations in the will of the said Charles Carter the |
| elder, and shall apply the money, arising from such sales, towards the payment of the debts and legacies of their said testator, rendering an account thereof to the court of the said county of King George. | ||
| 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 said John and Landon Carter, and their heirs, and others claiming under the will of the said Charles Carter the elder, all such right, and interest, as they, every, or any of them, have or could or have claim 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. LXIX. | ||
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| I. WHEREAS by an act of assembly made in the second year of his present majesty's reign, the vestry of the parish of Hanover, in King George county, were impowered to sell their glebe lands, and to lay out the money, arising from such sale; in the purchase of a more convenient glebe; in pursuance of which the said vestry did sell the same, and did agree to purchase of Richard Tutt, gentleman, five hundred and ninety acres of land, for which they were to pay the sum of seven hundred and fifty pounds; which sum the said vestry thinking too great to be levied on the tithables of the said parish, agreed to sell two hundred and fifty-one acres, part thereof, to George Marshall, for the sum of one hundred and twenty-five pounds ten shillings: And whereas the said Richard Tutt died before | Title of George Marshall, in certain lands purchased of vestry of Hanover, in King George county, confirmed. |
| he had executed deeds for the same; but did, by his last will and testament, in writing, direct James Tutt, his son (whom he appointed executor to his said will) to convey the said land to the said vestry: And whereas, according to the directions of the said vestry, and the will aforesaid, the said James Tutt hath executed deeds to the said vestry for three hundred and thirty-nine acres, the quantity they allotted for the glebe, and likewise another deed to the said George Marshall for tow hundred and fifty-one acres, the residue thereof, which said last deed being thought insufficient to convey to the said George Marshall the fee simple estate in the said two hundred and fifty-one acres of land, so as aforesaid conveyed to him: For the confirmation of the said title in the said George Marshall, Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said last mentioned lands, be, and the same are hereby declared vested in the said George Marshall, his heirs and assigns, to the only use and behoof of him the said George Marshall, his heirs and assigns, forever; any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | |
| 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 said Richard Tutt, or the vestry of the said parish, all such right, title, or interest, as they, every, or any of them could or might claim or demand, if this act had never been made. |
| CHAP. LXX. | ||
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| I. WHEREAS Philip Fisher, late of the county of Northampton, deceased, was, in his lifetime, and at the time of his, death seized in fee simple of and in one certain tract or parcel of land, containing eight hundred acres, with the appurtenances, lying and being in the parish of Hungars, in the county aforesaid; and being so seized, did, by his last will and testament, in writing, bearing date the ninth day of December, one thousand seven hundred and one, devise the said lands by the following descriptions and bounds, to wit, beginning at a waterwork, at the bottom or edge of an old field, known by the name of Thomas's field, and from thence, along a fence, now standing on the side of the said field, to a line of marked trees, and along the said line of marked trees to the head of a branch, known by the name of the Joyner's branch, and all his land in Northampton county, on the north and east of the bounds before mentioned, unto his son John Fisher, and to the heirs of his body lawfully begotten, and so, from heir to heir, forever; and for want o such heirs, then to be equally divided between his daughters Tamar Hunt, and Anne Gascoigne, unto them and their heirs forever; as by the said will, duly proved and recorded in the court of the said county, reflation being thereto had, may more fully and at large appear; and soon after making the said will died; after whose death the said John, the son, entered into the said land, and died thereof seized, leaving issue a son named Maddox, who entered into the said land, and died thereof seized, leaving issue Thomas Fisher, his eldest son and heir, who has entered into the same, and is now seized and possessed thereof: And whereas it hath been represented to this present general assembly that it will be greatly to the advantage of the said Thomas Fisher, and his posterity, to dock the intail of four hundred and five acres, part of the said land, and to settle certain slaves, | Intail of certain lands whereof Thomas Fisher, jun. is seized, docked. |
| of greater value, in lieu thereof, to the same uses. And forasmuch as notice hath been published three Sundays successively, in the several churches of the said parish of Hungars, that application would be made to this general assembly to dock the intail of the said four hundred and five acres of land, and to settle slaves, of greater value, to the same uses. | |
| II. May it please your excellent majesty, at the humble suit of the said Thomas Fisher, that it may be enacted, And be it further enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said four hundred and five acres of land, lying and being in the parish and county aforesaid, being part of the land so devised by the said Philip Fisher as aforesaid, and bounded as follows, to wit, beginning at a white oak, at the creek called Naswaddox, thence running westerly down the said creek to a line of marked trees, thence north eighty-one west sixty-four chains eighty links to the other creek, thence easterly up the creek and branch to a line of marked trees north sixty east twenty-six chains, and from thence along a line of marked trees to the creek, to the beginning, be, and the same is hereby vested in the said Thomas Fisher, junior, in fee simple; any thing in the said will, or any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. And that the following male and female slaves, to wit, Peter, Jacob, Joshua, Milus, Caleb, Philip, Leah, Hannah, Tamar, and Peg, shall be, and they are hereby annexed to the residue of the said eight hundred acres of land, and together with the future increase of the said females shall descend, pass, and go, in possession, remainder, and reversion, in the same manner, and to the same person and persons, as the said lands shall descend, go, remain, and revert, by the will of the said Philip Fisher. | |
| 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 said Thomas Fisher, and all and every other person and persons claiming under the will of the said Philip Fisher, all such right, title, and interest, claim, 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 the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. LXXI. | ||
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| I. WHEREAS David Garland, of the county of Lunenburg, was formerly seized in fee tail of six hundred and eighty acres of land, in the county of Hanover, under the last will and testament of Edward Garland, the elder, deceased; and whereas, by one act of the general assembly, passed in the twenty-fifth year of the reign of George the second, intituled an act to dock the intail of certain lands whereof David Garland is seized, and for settling other lands and slaves of greater value to the same uses, the intail of the aforesaid six hundred and eighty acres of land was docked, and the same vested in the said David Garland in fee simple; and by the same act two thousand and forty-eight acres in the parish of Cumberland, and county of Lunenburg, which the said David Garland then held in fee simple; also eight slaves, named Will, Peter, Daniel, Adam, Dick, Gilbert, Kate, and Amey, which the said David Garland then held as of his own right, and property, were settled on the said David, and the heirs of his body, lawfully begotten, to the same uses as the said lands in Hanover county were, by the will of the said Edward Garland, limited and appointed. And whereas it is represented to this present general assembly by the said David Garland, that since the passing the said recited act, some of the slaves aforesaid are dead, and | Intail of certain lands whereof David Garland is seized, docked, and vested in Francis Eppes. |
| the heir in tail is now of legal age, and hath but few slaves to cultivate the lands, and that it will tend much to the advantage of the said heir, and all who shall or may claim under the will of the said Edward Garland, to sell and dispose of part of the said intailed lands, and that the money arising from such sale may be laid out in slaves, to be annexed to the remainder of the said lands, to the same uses; and the said David Garland having contracted for the sale of three hundred and seventy-eight acres, part of the said intailed lands, to Francis Eppes, gentleman, for the sum of three hundred and seventy-eight pounds current money, the full value thereof; and forasmuch as notice hath been published three Sundays successively in the several churches of the parish of Cumberland, in the said county of Lunenburg, that application would be made to this present general assembly for an act to dock the intail of the said last mentioned lands, and for settling slaves to the same uses, pursuant to your majesty's instructions; and Samuel Garland, eldest son and heir at law of the said David Garland, is consenting thereto, | |
| II. May it please your most excellent majesty, at the humble suit of the said David Garland, that it may be enacted, And be it further enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after passing this act, the said tract of three hundred and seventy-eight acres, part of the aforesaid two thousand and forty-eight acres of land, bounded as follows, beginning at an elm tree on Flat Rock creek, running thence north forty-five degrees west one hundred and fifty poles to a shrub white oak, thence north five degrees east one hundred and sixty-two poles to a red oak, north sixty degrees east one hundred and thirty-four poles to a white oak on Flat Rock creek, thence down the said creek, as it meanders to an ash, north seventy-four degrees east eighty poles to a white oak and hickory, south seventy-two degrees east twenty-four poles to a white oak on a great branch to Flat Rock creek, thence up the said creek to the first station, be, and the same is hereby vested in the said Francis Eppes, his heirs and assigns, forever, to his own proper use. | |
| III. Provided always, and be it further enacted, That the said Francis Eppes shall pay the said sum of three hundred and seventy-eight pounds to Thomas Pettus, |
| Lodowick Farmer, William Taylor, and John Ragsdale, gentlemen; in trust, that they, or the greater part of them, or their survivors, shall fairly lay out the said money to the best advantage in the purchase of slaves, suitable for tending and cultivating the remainder of the said intailed lands, one half of the number, at least, to be females; and shall cause the names of such slaves, when purchased, to be recorded in the court of the said county of Lunenburg; and all and every such slaves, together with the future increase of the females thereof, be, and the same are hereby annexed to the remainder of the said intailed lands. and from thenceforth the said slaves shall descend, pass, and go, from the said David Garland to such person or persons, and under the same limitations as the said three hundred and seventy-eight acres of land would or might have descended, passed, and gone, had this act never been made. | |
| IV. Provided nevertheless, That the slaves so annexed, and their future increase, shall be liable to be taken in execution, and sold, for satisfying and paying the just debts of the tenant in tail, for the time being, in the same manner as other intailed slaves are liable. | |
| V. 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 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. | |
| VI. 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. LXXII. | ||
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| I. WHEREAS Robert Carter, formerly of the county of Lancaster, esquire, was, in his lifetime, seized in fee simple of and in one tract of land, containing two thousand six hundred and sixty acres, lying then in the county of King and Queen, but now in the parish of Drysdale, in the county of Caroline, by him purchased of John Halloway, gentleman, and was also possessed of one other tract of land, containing two thousand six hundred and eighty-six acres, for the residue of the term of five hundred years, from the fifteenth day of April, one thousand seven hundred and ten, by him also purchased of the said John Halloway, and being so seized and possessed, he the said Robert Carter, in and by his last will and testament, in writing, bearing date the twenty-second day of August, one thousand seven hundred and twenty-six, among other things, did devise, as followeth, Whereas I have bought two tracts of land of major John Halloway, lying in King and Queen county, which cost me seven hundred pounds sterling, six negroes of Mr. Augustine Moore, which cost me one hundred and twenty pounds sterling, and sundry negroes, in number twelve, of Mr. John Pratt, which cost me one hundred and eighty pounds ten shillings; which said two tracts of land and negroes are now in the possession of Mann Page, esquire, and my daughter Judith Page, his wife, and no settlement thereof made; and having also given orders to the said Mann Page to lay out a debt due from him to me upon an account, amounting to one hundred and sixty pounds eighteen shillings and two pence, in slaves, and also the said slaves that shall be bought with the said money, unto my said daughter Judith Page for and ruing the term of her natural life, and the profits of the said land and slaves, and after the decease of my said daughter Judith Page, | Intail of certain lands whereof John Page, esq. is seized, docked. |
| the said lands and slaves do go to my grandson Carter Page, and to the heirs male issue of his body lawfully begotten, and for want of such to my gradson John Page, and to the heirs male issue of his body lawfully begotten, with divers other remainders over, as in and by the said will, recorded in the general court, may more fully appear; and soon after the said testator died so seized and possessed; after whose death, slaves, to the amount of the said sum of one hundred and sixty pounds eighteen shillings, and two pence, were purchased and placed on the lands aforesaid, and the aforesaid Judith Page, who survived the said Mann Page, her husband, remained seized and possessed of the said lands and slaves, until her death, at which time the said Carter Page, her son, being dead, without issue, the aforesaid John Page entered into and became seized and possessed of the said several lands and slaves, that is to say, of the said two thousand six hundred and sixty acres of land, and the slaves, as tenant in fee tail, and of the other lands, as of his absolute property, the same being a chattel interest only in the said Robert Carter, and not subject to he intail by him created therein, which slaves and their increase now amount to the number of about thirty. And whereas the said John Page is seized in fee simple of and in the following tracts of land, that is to say, of six hundred and twenty acres, by him purchased of Richard Tunstall, Mordecai Throckmorton, and William Byrd Richards, gentlemen, trustees for Thomas Todd, and conveyed by deed, recorded in Gloucester county court, of two hundred and twenty-nine acres purchased of John Armistead and Mary his wife, and of two hundred and twenty-five acres purchased of Gabriel Jones, and conveyed by deed, recorded n the said county court of Gloucester: And the said John Page hath also contracted for the purchase of another tract, containing about three hundred and thirty acres, for which the consideration money is paid, but no conveyance hath yet been executed for the same; which several parcels of land lie contiguous to an intailed estate, whereof the said John Page is seized and possessed, in the county of Gloucester, and it will be of advantage to the issue of the said John Page, to dock the intail of the said remote lands in the county of Gloucester, which are of greater value, in lieu thereof. |
| And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Drysdale, that application would be made to this present general assembly for an act to dock the intail of the said lands and slaves, in the county of Caroline, and for settling the said other lands in lieu thereof, pursuant to your majesty's instructions. | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said John Page, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said two thousand six hundred and sixty acres of land, with the said several slaves thereon and thereto annexed, be, and the same are hereby vested in the said John Page, his heirs and assigns, forever, to his and their own proper use; and that the said three tracts of land, in the county of Gloucester, whereof the said John Page is seized in fee simple, together with the said tract of three hundred and thirty acres, when the same shall be conveyed to the said John Page, shall be, and the same are hereby vested in the said John Page, and the heirs male of his body, forever; and on failure of such heirs, the same shall pass and go to such person or persons, for such estate and interest, and under the like limitations and remainders, as the said lands in the county of Caroline would have remained, passed, and been subject to, according to the will of the said Robert Carter, if this act had never been made. | |
| 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 Robert Carter, deceased, all such right, title, and interest, 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 the same is hereby suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. LXXIII. | ||
| ||
| I. WHEREAS Nathaniel Burwell, late of the county of Gloucester, esquire, deceased, was, in his lifetime, seized in his demesne as of fee of and in three thousand four hundred acres of land, at Warrisqueak bay, in the parish of Newport, and county of Isle of Wight, and being so seized, made his last will and testament in writing, bearing date the twentieth day of August, in the year of our Lord one thousand seven hundred and twenty-one, whereby, among other things, he gave and devised the said lands, by the description of all his lands, tenements, and houses, on the south side of James river, in Virginia, unto his son Robert Burwell, and the heirs male of his body, lawfully begotten, forever; and for want of such issue to his son Carter Burwell, during his life; and after his decease, unto the second, third, forth, fifth, and sixth sons, successively, of him the said Carter Burwell, and the several male heirs of their bodies successively; and for default of such issue, to the first son of his said son Carter Burwell, and the issue male forever; and for default of such issue, to the male heirs of the body of his son Lewis; and for default of such issue, to the female issue of the body of his said son Robert Burwell; and for default of such issue, to his right heirs; as in the said last will, proved and recorded in the general court of this colony, more fully is contained: by virtue of which said devise, the said Robert Burwell entered into the premises, with the appurtenances, and is now thereof seized in tail male. And whereas the said Robert Burwell is desirous to dock the intail of the said lands, and being seized of a considerable tract of land, lying upon the branches of Bull run, in the county of Prince William, in fee simple, is willing to settle two thousand acres, part thereof, being of equal value, in lieu of the said Isle of Wight lands, to the same uses, which will be more beneficial | Intail of certain lands whereof Robert Burwell, esq. is seized, docked. |
| to the heirs in reversion; and notice having been published three Sundays successively, at the churches of the said parish of Newport, wherein the said intailed lands lie, that application would be made to this general assembly for docking the intail thereof, pursuant to your majesty's instructions, | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Bobert Burwell, that it may be enacted, And be it enacted, by the 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 three thousand four hundred acres, or thereabouts, at Warrisqueak bay, in the said county of Isle of Wight, so as aforesaid devised by the last will and testament of the said Nathaniel Burwell, esquire, deceased, to the said Robert Burwell, in tail male, shall be, and are hereby vested in him the said Robert Burwell, in fee simple, to him and his heirs and assigns forever; and that two thousand acres of land, with the appurtenances, part of the aforesaid tract, situate, lying, and being upon the branches of Bull run, in the county of Prince William, to be laid off, adjoining to the lands of Nathaniel Burwell, son of the aforesaid Carter Burwell, by a line parallel to the dividing line between him and the said Robert Burwell, as the same was laid off, and run by Henry Fitzhugh, and Catesby Cocke, gentlemen, by order of the general court, and recorded in the secretary's office, in lieu of the said three thousand four hundred acres of land, be, and are hereby vested in the said Robert Burwell, and the heirs male of his body; and upon failure of such issue, 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 tract in Isle of Wight would have remained and descended, by virtue of the before recited last will and testament of the said Nathaniel Burwell, esquire, if this act had never been made. | |
| 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 person and persons claiming the said three thousand four hundred acres of land, or any part thereof, under the last will and testament of the said Nathaniel Burwell, 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. | ||
| IV. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained. | ||
| CHAP. LXXIV. | ||
| ||
| I. WHEREAS Francis Eppes, the elder, late of the county of Henrico, deceased, by his last will and testament, duly made and published, bearing date the second day of October, one thousand seven hundred and nineteen, amongst other things, devised to his son Francis Eppes, and to the male heir of his body lawfully begotten, and for want of such to the female heirs of his body lawfully begotten, one hundred and fifty acres of land, which the brick house stands on, and one half of his part of Martin's swamp, and all his land at Longfield, to him and his heirs as aforesaid forever; which said Francis Eppes, the son, is since dead, and the lands aforesaid are now descended to Francis Eppes, the great grandson of the testator. And whereas it is represented to this present general assembly that it will be advantageous to the said Francis Eppes, the great grandson, and his posterity, to dock the intail of the said lands at Longfield, containing four hundred acres, in the county of Henrico, and to settle four hundred acres of land, whereof he is seized in fee simple, in the county of Chesterfield, adjoining to the one hundred and fifty acres, on which the brick house aforesaid stands, being of greater value, to the same uses. And forasmuch as notice hath been published three Sundays successively, in the several churches in the parish of Henrico, where the said lands lie, that application would be made to this present general assembly to dock the | Intail of certain lands whereof Francis Eppes is seized, docked. |
| intail of the said four hundred acres of land in Henrico, and to settle four hundred acres of land in the county of Chesterfield, in lieu thereof, 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 Francis Eppes, that it may be enacted, And be it further enacted, by the 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 of this act the said four hundred acres of land at Longfield, in the county of Henrico, be, and the same is hereby vested in the said Francis Eppes, his heirs and assigns, to his and their own proper use and behoof forever; and that the said four hundred acres of land, in the county of Chesterfield, adjoining to the one hundred and fifty acres, on which the brick house stands, shall be, and the same is hereby vested in the said Francis Eppes, and the heirs of his body; and in default of such heirs shall descend, pass, and go, to such person or persons, and in like manner as the said lands in the county of Henrico would have descended and gone under the will of the said Francis Eppes, the elder, if this act had never been made. | |
| 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 person and persons claiming under the will of the said Francis Eppes, the elder, all such right, title, interest, and estate, claim, and demand, as they, every, or any of them, could or might have 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. |
| Pages 409-429
| Pages 452-473
|