Pages 430-451 
|  Pages 474-491
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| Pages 430-451
| Pages 474-491
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| CHAP. LXXV. | ||
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| I. WHEREAS Elizabeth Wormeley, late of the county of Middlesex, widow, was, in her lifetime, seized in fee simple of and in a tract or parcel of land, with the appurtenances, situate in the parish of York Hampton, and county of York, containing six hundred and thirty acres, and being so seized, did, by her last will and testament, bearing date the third day of March, one thousand seven hundred and forty-three, give and devise the same, under the description of all her lands, tenements, and hereditaments, in the county of York, unto her son John Wormeley, and the heirs of his body lawfully begotten, forever; and on failure of such heirs, to her son Ralph Wormeley, and his heirs forever, as by the said will, duly proved and recorded in the said county court of Middlesex, may appear; and soon after the said testatrix died seized of the said land, and the said John Wormeley entered in to the same, and is now seized thereof as tenant in fee tail. And whereas William Tayloe, late of the county of Lancaster, gentleman, was seized in fee simple of and in a tract of land, containing about eight hundred acres, lying in the said county of Lancaster, and being so seized, made his last will and testament, in writing, bearing date the fifth day of February, one thousand seven hundred and sixty-seven, and therein among other things, did give and devise the said lands to Mr. William Digges (who had intermarried with Elizabeth, the only daughter and heir apparent of the said John Wormeley, and grand daughter of the said William Tayloe) and his heirs forever, that, if he thought proper, he might sell and dispose of the same towards the payment of a debt, for which the testator was engaged as security for the said John Wormeley, as by the said will, of record, in the said county court of Lancaster, may more fully appear; and soon after the said testator died seized of the said land. And the said John Wormeley being desirous to | Intail of certain lands whereof John Wormeley, gent. is seized, docked. |
| sell and dispose of the said lands in the county of York, and to settle the said lands, in the county of Lancaster, with some slaves to be annexed thereto, being together of grater value, to the same uses, hath come to an agreement with the said William Digges to pay the debt mentioned in the will of the said William Tayloe, in consideration whereof the said William Digges hath agreed to release to the said John Wormeley all his the said William's interest in the said lands, in the county of Lancaster. And forasmuch as notice hath been published three Sundays successively, in the several churches in the said parish of York Hampton, that application would be made to this present session of Assembly for an act to dock the intail of the said lands, in the county of York, and to settle other lands and slaves 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 John Wormeley, 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 tract of land, in the county of York, be, and the same is hereby vested in the said John Wormeley, his heirs and assigns, forever, to his and their own proper use: And that the said lands, in the county of Lancaster, whereof the said William Tayloe died seized, together with the following negro slaves, viz. Frank, Sarah, Kate, Sue, Winny, Abigail, Randolph, Billy, Bob, Duke, young Duke, Dick, Ben, Sarah, Joanna, Phillis, Kate, Phil, Dedon, Abraham, Daniel, Nanny, Sue, Tom, and Sarah, of which the said John Wormeley is possessed in his own right, be, and the same is hereby vested in the said John Wormeley, and the heirs of his body; and in default of such issue, the same shall descend, pass, and go, to such person or persons to whom the said lands in the county of York would have descended and come by virtue of the limitations in the will of the said Elizabeth Wormeley, 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 wills of the said Elizabeth Wormeley, and William Tayloe, 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. LXXVI. | ||
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| I. WHEREAS it is represented to this present general assembly by Thomas Talbutt, that he purchased of one Robert Todd, deceased, a parcel of land in the borough of Norfolk, a small part or slipe whereof, upon a survey since made, appears to be included within the land appropriated for the building of the court-house and prison of the county of Norfolk: And whereas the said Thomas Talbutt hath laid off a street, twenty-six feet wide, running from the said land to the bridge, over Back creek, which is very advantageous, and the said Talbutt is willing to pay the value of the said slipe of public land, and to add the said street to the said borough: 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 Edward Hack Moseley the elder, George Abyvon, Thomas Newton the elder, and Arthur Boush, gentlemen, or any three of them, who are no ways interested in the said land, shall and may, and they are hereby impowered and directed to set a value on the said slipe of land, and upon receipt of the same from the said Thomas Talbutt, the said slipe of land, containing two thousand two hundred and fifty-eight square feet, and bounded as is expressed in the survey made as aforesaid, shall be vested in the said Thomas Talbutt, his heirs, and assigns, forever; and the court of the said county of Norfolk shall apply the valuation money, so to be paid by the said Talbutt, towards lessening their county levy. | Agreement made by Thomas Talbutt, with court of Norfolk county for a slipe of land, part of the court-house square, confirmed. |
| II. And be it further enacted, by the authority aforesaid, That the said street, so as aforesaid laid off by the said Talbutt, be, and the same is hereby made part of the said borough of Norfolk. | Street added to Norfolk borough. | |
| LXXVII. | ||
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| I. WHEREAS Richard Johnson, formerly of the county of King and Queen, gentleman, was, in his lifetime, and at the time of his death, seized in fee simple of and in a tract of land, containing about one thousand acres, lying on Mattapony river, in the parish of Stratton Major, in the county of King and Queen, and being so seized, he the said Richard Johnson, in and by his last will and testament, in writing, bearing date the thirteenth day of December, one thousand seven hundred and thirty-three, did give and devise the said lands to his nephew, Richard Johnson, and the heirs of his body, with several remainders over, as in and by the said will, recorded in the court of the said county of King and Queen, may more fully appear; and soon after the said testator died seized; after whose death the said Richard Johnson entered into the said lands, and was thereof seized, and by indenture, bearing date the seventh day of June, one thousand seven hundred and forty-four, did bargain, sell, and convey the same unto John Robinson, late of the said county of King and Queen, esquire, who, with others claiming under him, hath been ever since in possession thereof; but it being discovered that the said Richard Johnson had only an estate tail in the said lands, the purchasers are like to be disturbed in their title thereto, and the said Richard Johnson, and his family, involved in law suits on that account: And whereas the said Richard Johnson is seized in fee | Intail of certain lands whereof Richard Johnson is seized, docked. |
| simple of and in one tract of land, containing about four hundred acres, lying on the north side of the Southanna river, in the county of Louisa, by him purchased of Thomas Meriwether, and is possessed, in his own right, of the following slaves, viz. a woman named Sarah, and her five children, Miney, Clear, Sukey, Daniel, and Harry, Abbey and her children, Jack and Jenny, Tom, and Will, Jemmy, Hannah and Isham; and it is represented to this general assembly that it will be of advantage to the said Richard Johnson, and his family, to dock the intail of the said lands in the county of King and Queen, whereby the title of the said respective purchasers may be confirmed, and to settle the said lands in the county of Louisa, with the slaves aforesaid, to be annexed thereto, being of equal value, to the same uses: And forasmuch as notice hath been published three Sundays successively, in the several churches of the said parish of Stratton Major, that application would be made to this present session of assembly for an act to be passed for that purpose, pursuant to your majesty's instructions. | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Richard Johnson, 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 tract of land, in the county of King and Queen, be, and the same is hereby vested in William Lyne, John Tayloe Corbin, David Ker, Francis Gains, and John Lyne, gentlemen, the survivors or survivor of them IN TRUST that they, or any three of them, shall, by good and sufficient deed or deeds, convey the same to such person or persons as claim under the said John Robinson, and for such estate and interest therein, as such person or persons as claim under the said John Robinson, and for such estate and interest therein, as such person or persons would have been entitled to under the conveyance from the said Richard Johnson to the said John Robinson, if the said Richard Johnson had been seized of the said lands in fee simple; and the persons to whom such conveyances are made, shall, forever thereafter, hold and enjoy the same, discharged of the limitations in the will of the said Richard Johnson the elder. | |
| III. And be it further enacted, by the authority aforesaid, That the said tract of land, in the county of Louisa, with the slaves aforesaid, and their future increase, shall be, and the same are hereby vested in |
| Thomas Johnson, John Boswell, Pouncey Anderson, Richard Anderson, and James Dabney, gentlemen, the survivors or survivor of them, and the heirs, executors or administrators of such survivor, in trust, to and for the following uses, that is to say, to the use of the said Richard Johnson the younger, during his natural life, and after his death (subject to the dower of Dorothy, his now wife, therein, in case she survive him) to the use of the heirs of the body of the said Richard Johnson for ever; and in default of such issue the said lands and slaves shall descend, pass, and go together to such person or persons to whom the said lands in the county of King and Queen would have descended and come by virtue of the limitations in the will of the said Richard Johnson the elder, if this act had never been made. | ||
| IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the person and persons claiming under the will of the said Richard Johnson the elder, all such right, title, and interest, as they, every, or any of them, could or might have claimed if this act had never been made. | ||
| V. 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. LXXVIII. | ||
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| WHEREAS Philip Lightfoot, esquire, deceased, of the county of York, being, in his lifetime, seized in fee simple of and in six thousand five hundred and eighty-eight | Intail of certain lands whereof Armistead Lightfoot, is seized, docked. |
| eight acres of land, situate in the parish of St. Andrew, in the county of Brunswick, did, by his last will and testament, bearing date the thirty-first day of July, in the year of our Lord one thousand seven hundred and forty-seven, give and devise the same, together with sixty slaves, to his son John Lightfoot, and the heirs of his body, lawfully begotten, forever; but if the said John Lightfoot should die without such issue, then he gave the said lands and slaves to his son Armistead Lightfoot, and the issue of his body, with remainder to his son William Lightfoot, and his heirs forever; as by the last will and testament of the said Philip Lightfoot, proved and recorded in the court of York county, reference being thereto had, will more fully appear; and soon after making his will, as aforesaid, the said Philip Lightfoot departed this life; after whose decease the said John Lightfoot entered into the said lands, and died seized thereof without issue; after whose death the said lands, by virtue of the of the limitation in the will of the said Philip Lightfoot, descended to the said Armistead Lightfoot, who is now seized thereof in fee tail: And whereas the slaves, so as aforesaid annexed to the lands in Brunswick, since the same descended to the said Armistead Lightfoot, have been taken in execution, and sold for payment of the debts of the said Armistead; and the said Armistead Lightfoot being seized in fee tail of and in two tracts of land, in the county of Goochland called and known by the names of Dover and Beaverdam, which are of much greater value than the lands in Brunswick, and it will be greatly to the advantage of the said Armistead Lightfoot, by better enabling him to support his family, as well as beneficial to the heir in tail, to dock the intail of two thousand eight hundred acres, the upper part of the said tract of six thousand five hundred and eighty-eight acres, and to vest the same in trustees, to be sold, and to lay out the money, arising therefrom, in the purchase of slaves, to be settled on the said Dover and Beaverdam lands: And forasmuch as notice hath been published three Sundays successively, at the several churches of the said parish of St. Andrew, agreeable to your majesty's instructions, that application would be made to this general assembly to dock the intail of the said two thousand eight hundred acres of land, | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Armistead Lightfot, |
| 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 two thousand eight hundred acres of land, with the appurtenances, to be laid off intire, at the upper end of the said tract of six thousand five hundred and eighty-eight acres, be, and the same are hereby vested in Lewis Burwell, James Burwell, Thomas Mann Randolph, Nathaniel Edwards the younger, and John Woodson, gentlemen, who are appointed trustees for putting this act in execution; In Trust, that they the said trustees, or the survivors, or survivor of them, shall cause the same to be sold at public sale, for the best price that can be got for the same, and, upon payment of the purchase money, the said trustees, or any two of them, shall seal and deliver good and sufficient deeds for the conveyance of the fee simple estate and inheritance of the said land to the purchaser or purchasers, who shall forever hold and enjoy the same, freed and discharged from the limitations in the last will and testament of the said Philip Lightfoot; any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | |
| III. And be it further enacted, by the authority aforesaid, That the money arising by the sale of the said lands, after deducting the expences of sale, shall be, by the said trustees, or the survivors, or survivor of them, fairly laid out and disposed of in the purchase of slaves, a list of the names and sexes whereof the said trustees shall cause to be recorded in the court of the said county of Goochland, and the said slaves shall be vested in the said trustees, the survivors, or survivor of them, and the heirs of such survivor, to hold the same, in trust, to and for the following uses, that is to say, to the use of the said Armistead Lightfoot, for and during his natural life, and after his decease, as to one third part thereof, to the use of Anne, now the wife of the said Armistead Lightfoot, in case she shall survive him, for and during her natural life, for her dower in such slaves; and as to the other two third parts of the said slaves, and their increase, from and after the death of the said Armistead Lightfoot, and as to the said one third part of the said slaves, and their increase, allotted for the dower of the said Anne, from and after her death, or other determination of her dower, to the use of the heirs of the body of the said Armistead Lightfoot forever; and in default |
| of such issue, to the use of such person or persons to whom the said two thousand eight hundred acres of land would have descended, passed, and gone, by virtue of the will of the said Philip Lightfoot, 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 Philip Lightfoot, 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, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. LXXIX. | ||
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| I. WHEREAS John Robinson, late of the county of King and Queen, esquire, was, in his lifetime, seized of divers lands and tenements, in the parish of Bruton, and county of James city, to wit, of one messuage, and three hundred and twelve acres of land, adjoining to the city of Williamsburg, except nineteen acres, and twenty-six poles, laid off into lots, and annexed to the city of Williamsburg, by an act made in the first year of the reign of his present majesty, intituled An act to vest certain lands therein mentioned in Philip Johnson, gentleman, adding the same to the city of Williamsburg, and for other purposes therein mentioned, also of forty-three acres, purchased by Philip Johnson, gentleman, of John Baskerfield, also of six hundred acres, with the appurtenances, called and known by the name | Certain lands whereof John Robinson, esq. died seized in trust for Philip Johnson vested in other trustees. |
| of Tutty's neck, and also of two lots or half acres of land on Francis street, in the city of Williamsburg, situate between the lots of William Pasteur and Benjamin Waller, gentlemen, in trust, as to one moiety thereof for the use of Philip Johnson, gentleman, during his natural life, and after his decease, in trust, and to and for the use of such child or children as the said Philip then had, or might thereafter have, by Elizabeth his wife, the daughter of Thomas Bray, gentleman, deceased, to whom he should give or devise the same by deed or will, subject, nevertheless, to the dower of the said Elizabeth, and as to the other moiety thereof, in trust, and to and for the use of the said Philip Johnson, his heirs and assigns, forever, in case he should pay unto such child or children of him and the said Elizabeth all and every such sum and sums of money as the said Elizabeth, notwithstanding her coverture, should, by any deed or instrument of writing, duly executed by her, give, direct, and appoint, according to the proviso, and his covenant, contained in an indenture of release, bearing date the twenty-second day of October, one thousand seven hundred and fifty-one, made between the said Philip Johnson and Elizabeth his wife of the one part, and the said John Robinson of the other part, which indenture is now remaining of record in the secretary's office; but in case he should not pay such money, then, in trust, and to and for the use and behoof of such child or children as aforesaid, to whom the said Elizabeth, by such deed or instrument in writing, should give, direct, and appoint the same; and in case the said Elizabeth should execute no such deed or instrument, then in trust, and to and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, and to and for the use of such child or children, as the said Philip Johnson then had, or might thereafter have, by the said Elizabeth, to whom he should give or devise the same, by will or deed, as aforesaid, and to the heirs and assigns of such child or children, subject, nevertheless, to the dower of the said Elizabeth. And whereas the said Elizabeth, the wife of the said Philip Johnson, departed this life some time in the year of our Lord one thousand seven hundred and sixty-five, leaving, by the said Philip, seven children, to wit, James Bray, William, Elizabeth, Thomas, Rebecca, Martha, and Anne Johnson, without having made any gift or appointment to them, or either of them, according |
| to her power aforesaid, so that the said Philip became intitled to the use of the several tracts or parcels of land above mentioned, with their appurtenances, during his life, and hath full power to dispose of them at his death, to and amongst his children, in such manner as he may think proper: And whereas the said lands, together with the other estate, devised by the said Thomas Bray to the use of his daughter Elizabeth, the late wife of the said Philip Johnson, stand charged by his will with a legacy of five hundred pounds current money to his grand-daughter Elizabeth Johnson, before named, to be paid when she attains her age of twenty-one years, or marries; and inasmuch as a division of the said lands into small parcels, will greatly lessen their value, but on the contrary, it will be much to the advantage, as well of the said Philip, as his younger children, several of whom will soon stand in need of some provision, if the said lands and lots should be sold, and the money arising from such sale placed in the hands of trustees, who might, when the same becomes due, according to the will of her grandfather, pay by the said Elizabeth Johnson her legacy of five hundred pounds, and put the residue of such money out at interest, upon proper securities, and pay such interest as it becomes due to the trustees of the said Philip Johnson, to whom he hath already, by deed, conveyed his whole estate during the life of the said Philip, or for such other term as may be necessary for the purpose to him given: And forasmuch as notice hath been published three Sundays successively, in the several parish churches in the county of James city, that application would be made to this general assembly to vest the said lands and lots in trustees, for the purposes before mentioned, pursuant to your majesty's instructions, | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Philip Johnson, 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 several tracts and lots of land, before mentioned, with all and singular their appurtenances, shall be, and the same are hereby vested in Peyton Randolph, | Lands to be sold. |
| Robert Carter Nicholas, Lewis Burwell, and Philip Whitehead Claiborne, gentlemen, who are appointed trustees for putting this act in execution; IN TRUST, that they, the survivors, or survivor of them, shall, after convenient notice, cause the said lands and lots, or such of them as they shall think fit, to be sold at public auction, for the best prices that can be got for the same, upon such credit as they may approve; and, upon payment of the purchase money, the said trustees, or any two of them, shall seal and deliver a deed or deeds, indented, for conveying the same in fee simple to the purchaser or purchasers, who shall forever hold and enjoy the same, freed and discharged from all the limitations and uses to which the said John Robinson, esquire, in his lifetime, did, or his heir after his decease could have held the same; any decree, law, custom, or usage, to the contrary notwithstanding. | |
| III. And be it further enacted, by the authority aforesaid, That the said trustees, the survivors or survivor of them, out of the money arising from such sales, shall, in the first place, pay to Elizabeth Johnson, daughter of the said Philip and Elizabeth Johnson, daughter of the said Philip and Elizabeth his wife, the sum of five hundred pounds current money, when the same shall become due, according to the will of her grandfather, the said Thomas Bray, and shall place the residue out at interest, upon such securities as shall be approved by the honourable the general court, and shall pay the interest, arising annually, so soon as they receive the same, to the trustees of the said Philip Johnson, for such uses and purposes as he hath conveyed to them his estate during the continuance of such their trust; and after the expiration, or fulfiling thereof, then to the said Philip Johnson, for his own use, during his natural life. | Proceeds, how appropriated. |
| IV. And be it further enacted, by the authority aforesaid, That the said trustees, the survivors, or survivor of them, shall, after the death of the said Philip Johnson; assign and transfer the securities, so taken for the money placed out at interest, in pursuance of this act, to such of the children before named of the said Philip Johnson, and Elizabeth his wife, in such manner, and in such portions, as the said Philip, by his last will and testament, or other writing, duly executed, shall direct and appoint. | |
| 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 person and persons claiming under the limitations and uses to which the said John Robinson, esquire, in his lifetime, stood seized of the said lands, as is before recited, all such right, title, interest, and claim therein, 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. LXXX. | ||
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| I. WHEREAS Robert Carter, formerly of the county of Lancaster, esq. was, in his lifetime, seized in fee of and in divers messuages, lands, and tenements, in several parts of this colony, and being so seized, did, by his last will and testament, in writing, bearing date the twenty-second day of August, in the year of our Lord one thousand seven hundred and twenty-six, among other things, devise to his eldest son John Carter, esq. and the heirs male of his body, with divers remainders over, one certain tract or parcel of land, situate in the parish of Saint Mary's, and county of Caroline, containing two thousand acres, and known by the name of Pewman's end tract; also one other tract situate in the parish of Northfarnham, in the county of Richmond, being a moiety, or half part of all those lands the said Robert Carter bought of Robert Cary, merchant, of London, being the lower division thereof, including the fork of Totaskey creek, which moiety or half part is to be divided and laid off according to the direction of the will of the said Robert Carter; also ten thousand acres of land, on the branches of Occoquan, | Certain intailed lands vested in Charles Carter. |
| upon Cedar run, Owl run, and Licking run, granted to George Turberville, and by the said Turberville conveyed to the said Robert Carter, then being in the county of Prince William, but now in the parish of Hamilton, and county of Fauquier, but by a subsequent clause in the said will, the said Robert Carter did revoke the devise of the said last mentioned tract of land, and gave the same unto his said son John Carter, and his heirs for ever, desiring him to give four thousand acres, part thereof, unto his the testator's grandsons, Robert Burwell, and John Page, as by the last will and testament of the said Robert Carter, duly proved and recorded in the honourable general court, will more fully appear; and soon after making the said will the said Robert Carter departed this life so seized of the lands aforesaid; after whose decease the said John Carter, the son, entered into the said lands, with the appurtenances, and died seized thereof: And whereas the said John Carter was, in his lifetime, seized in fee of the following tracts of land, that is to say, of six thousand acres on Cedar run, then in Prince William, but now in the parish of Hamilton, and county of Fauquier; of six thousand acres in the said parish of Hamilton, and county of Prince William, situate on Broad run, besides the said ten thousand acres on the branches of Occoquan, so devised him by the will of his father, and divers other lands and tenements; and being so seized, he the said John Carter, by his last will and testament, in writing, bearing date the first day of July, in the year of our Lord one thousand seven hundred and forty-two, did, among other things, devise to his eldest son Charles Carter, and the heirs of his body lawfully begotten, forever, with remainders over, the said ten thousand acres of land (except four thousand acres, part thereof, by him devised to the aforesaid Robert Burwell, and John Page;) also his fourth part of the said tracts of land in the counties of Fauquier, and Prince William, by the description of all his the said John Carter's lands (except as is therein excepted) in Prince William county, on Cedar run, Owl run, Kettle run, Broad run, and Bull run, as by the last will and testament of the said John Carter, duly proved and recorded in the honourable general court, will more fully appear; and soon after making his said will, the said John Carter departed this life; after whose decease the said Charles Carter, the son, entered into the lands, as well |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Charles Carter, 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 of land called Pewman's end, in the county of Caroline, the said tract of land on Totaskey, in the county of Richmond, and the said several tracts of land in the counties of Fauquier, and Prince William, whereof the said Charles Carter is seized in fee tail, be, and the same are hereby vested in the said Charles Carter, his heirs and assigns, in fee simple, to the only use and behoof of him the said Charles Carter, his heirs, and assigns forever: And that the said tracts of land, herein before mentioned, to be purchased by the said Charles Carter of the executors of James Littlepage, deceased, and of Peter and Henry Terrell, be, and the same are hereby vested in the said Charles Carter, and the heirs male of his body, lawfully begotten; and upon failure of such heirs, one full and equal moiety of the same shall remain and descend to such person and persons, in the same manner, and under the like limitations and remainders successively, as the said several tracts of land on Pewman's end and Totaskey, would have remained and descended by virtue of the said before recited last will and testament of the said Robert Carter, if this act had never been made: And the other moitey of the said land, so purchased of Littlepage's executors, and the said Peter and Henry Terrell, shall, on failure of issue male of the said Charles Carter, descend and go to such person and persons, in the same manner, and under the like limitations and remainders as the said several tracts of land in the counties of Fauquier, and Prince William would have remained and descended by virtue of the will of the said John 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 last will and testament of the said Robert Carter, or under the last will and testament of the said John Carter, deceased, 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. |
| 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. LXXXI. | ||
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| I. WHEREAS John Savage, formerly of the county of Northampton, gentleman, being seized in fee simple of and in a tract of land containing nine hundred and fifty acres, lying in Savage's neck, in the said county, made his certain deed in writing, bearing date the sixteenth day of December, one thousand six hundred and sixty-seven, and therein did give and grant the said tract of land to May Robins, and the heirs of her body forever, as by the said deed recorded in the court of the said county of Northampton, may more fully appear, which lands afterwards descended and came to Nathaniel Lyttleton Savage, gentleman, as grandson and heir of the body of the said Mary Robins: And whereas by act of assembly passed in the seventh year of the reign of his present majesty, intituled An act to impower Nathaniel Lyttleton Savage, gentleman, to sell and dispose of certain intailed lands, and for settling other lands and slaves to the same uses, the said nine hundred and fifty acres of land in the county of Northampton, were vested in the said Nathaniel Lyttleton Savage, in fee simple, and two tracts of land by him then lately purchased of Ralph Wormeley, esquire, containing together one thousand eight hundred acres, lying in the parish of York Hampton, in the county of York, with eight negro slaves, named in the said act, annexed thereto, were vested in the said, Nathaniel Lyttleton Savage, and the heirs of his body, with remainder to | Certain intailed lands vested in Nathaniel Lytleton Savage. |
| the uses limited as to the said lands in Northampton by the aforesaid deed of the said John Savage: And whereas the said Nathaniel Lyttleton Savage is seized in fee simple of and in two tracts of land, lying in the parish of Hungars, in the said county of Northampton, the one containing eleven hundred and forty-eight acres, purchased by the said Nathaniel Littleton Savage of Kendall Lee and Betty his wife, and conveyed by deed recorded in the said county court, and the other containing two hundred and thirty-three acres, purchased by the said Nathaniel Littleton Savage of Savage Cowdrey and Mary his wife, and conveyed by deed recorded in the general court, as by the said several deeds may more fully appear; and it is represented to this general assembly, that it will be for the advantage of the said Nathaniel Lyttleton Savage, his heir and family, to vest the said lands in the county of York, and the slaves aforesaid, n the said Nathaniel Lyttleton Savage, in fee simple, whereby he may be enabled to sell and dispose of the same, and to settle the said two tracts of land last mentioned, in the county of Northampton, in lieu thereof. And forasmuch as notice has been published three Sundays successively, in the several churches of the said parish of York Hampton, that application would be made to this present general assembly, for an act to be passed for that purpose, pursuant to your majesty's instructions, | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Nathaniel Lyttleton Savage, 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 of land in the county of York, containing one thousand eight hundred acres, be the same more or less, and the said eight slaves, with their present offspring, and future increase, be, and the same are hereby vested in the said Nathaniel Lyttleton Savage, his heirs, and assigns, forever, to his and their own proper use and behoof, and that the two above mentioned tracts of land, lying in Northampton county, the one containing eleven hundred and forty-eight acres, and the other two hundred and thirty-three acres, be the same more or less, be, and the same are hereby vested in the said Nathaniel Lyttleton Savage, and the heirs of his body; and in default of such heirs, the same shall pass, descend, 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, by virtue of the said recited act, in case this act had never been made. | ||
| III. And be it further enacted, by the authority aforesaid, That the said recited act, as to so much thereof only as is contrary to this act, be, and the same is hereby repealed. | ||
| IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the person and persons claiming under the aforesaid deed of John Savage, the elder, as to the lands in Savage's neck, or the herein before recited act of assembly, as to the said lands in the county of York, all such right, title, or interest, as they, every, or any of them, could or might claim if this act had never been made. | ||
| V. 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. LXXXII. | ||
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| I. WHEREAS William Waters, formerly 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, situate on King's creek, and bay of Chesapeak, in the parish of Hungars, and county of Northampton, containing, by estimation, six hundred acres, and being so seized, did, by his last will and testament, in writing bearing date the eighth day of October, in the year of our Lord one thousand six hundred and eighty-five, devise the same in these words, to wit, I give and bequeath unto my own well beloved |
| son William Waters, and the heirs of his body, lawfully begotten, forever, all my plantation I now dwell upon, lying in the aforesaid county, with all the housings, orchards, and fencing thereon, and to belonging forever; and if my said son William Waters shall depart this life, and leave no heir of his body, lawfully begotten, then my will and desire is that my well beloved sons Obedience Waters and Thomas Waters shall have, hold, and enjoy my above said plantation, with all what thereunto belongeth as aforesaid, to them and their heirs forever; and soon after making the said will the said testator died; and the said William Waters, his son, entered into the said lands, and became thereof seized in fee tail, and being so seized, departed this life, leaving issue William Waters, his eldest son and heir, who entered into the same, and was thereof seized, and died so seized, leaving issue Sarah, his only daughter and heir, since intermarried with David Meade, which said David and Sarah having entered into the said lands, are thereof seized by virtue of the said devise, and have it now in their power, as it is represented to this general assembly, to make an advantageous sale thereof, provided the said intail can be docked: And whereas the said David Meade is seized in fee simple of and in twelve hundred and thirty-four acres of land, on the souther branch of Nansemond river, in the county of Nansemond, bounded as followeth, to wit, beginning at a cypress in the mill pond, thence along a marked lien north nine degrees west twenty-four poles to a post on the public road leading to Suffolk town, thence along the said road to a pine in Thomas Sumner's line, thence on lines of marked trees to a corner white oak joining the lands of Josiah Riddick, thence by other lines of marked trees along the patent line to the said patent lines to a hickory on the side of the mill-pond, thence down the said mill-pond to the beginning, being part of a tract of land devised by David Meade, the elder, to Susanna his wife for life, and after her death to David Meade, the younger, by deed, indented, bearing date the twenty-sixth day of November, in the year of our Lord one thousand seven hundred and sixty-nine, and is also seized of one other tract or parcel of land in the same county, containing |
| seven hundred and twenty acres, fifty-six acres, part whereof, were purchased by the said David Meade, and a certain George Walker, of Mary Bell, executrix of the last will and testament of William Bell, deceased, and by her conveyed to the said David and George by deed, indented, bearing date the eleventh day of June, in the year of our Lord one thousand seven hundred and sixty-four, and recorded the same day in Nansemond county court, which last mentioned land, as to one moiety thereof, was afterwards, by deed, bearing date the nineteenth day of February, in the year of our Lord one thousand seven hundred and sixty-eight, sold and conveyed by the said George Walker to the said David Meade, four hundred acres, and two hundred and sixty-four acres, other parts thereof, were granted to the said David by patents, bearing date the tenth of September, in the year of our Lord one thousand seven hundred and sixty-eight acres, purchased by the said David Meade, and George Walker, of one Joseph Lockhart, who conveyed the same to them by deed, indented, and recorded, bearing date the tenth day of July, in the year of our Lord one thousand seven hundred and sixty-five, and by the said George sold and conveyed, as to his moiety thereof, to the said David, by one other deed, indented, bearing date the nineteenth day of February in the year of our Lord one thousand seven hundred and sixty-eight; and it will be greatly to the advantage of the said David and Sarah Meade, and their posterity, to dock the intail of the said six hundred acres in the county of Northampton, and to settle the said three tracts of twelve hundred and thirty-four acres, seven hundred and twenty acres, and one hundred and sixty-eight acres, in the county of Nansemond, being of greater value, to the same uses; and forasmuch as notice hath been published three Sundays successively, in the churches of the said parish of Hungars, that application would be made to this general assembly to dock the intail of the said six hundred acres in Northampton, and to settle other lands, of greater value, 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 David and Sarah Meade, 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 six hundred acres of land, in the county of Northampton, with the appurtenances, so as aforesaid devised by the last will and testament of the said William Waters, the elder, be, and the same are hereby vested in the said David Meade, his heirs, and assigns, to the only proper use and behoof of him the said David, and of his heirs and assigns forever: And that the said three other tracts of twelve hundred and thirty-four acres, seven hundred and twenty acres, and one hundred and sixty-eight acres of land, in the county of Nansemond, with the appurtenances, shall be, and the same are herehy vested in the said Sarah Meade, and the heirs of her body, lawfully begotten; and in default of such heirs, the same shall remain and descend to such person and persons to whom the said six hundred acres, in the county of Northampton, would have remained and descended by virtue of the said last will and testament of the said William Waters, 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 said last will and testament of the said William Waters, the elder, all such right, title, interest, and estate, claim and demand, 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. |
| Pages 430-451
| Pages 474-491
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