Pages 607-625 
|  Pages 647-672
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| Pages 607-625
| Pages 647-672
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| CHAP. LIX. | ||
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| I. WHEREAS a certain quantity of tobacco in one of the public warehouses at Morton's in the county of King George, has lately been damaged by means of an excessive rain, and the waters flowing into the said warehouse, fourteen hogsheads of which said tobacco the public is become chargeable with, the marks and numbers whereof are as follow, to wit, DC, number 159, SS, number 66, GC, number 94, WS, number 50, W, Crow's Foot, R, number 228, W, Crow's Foot, R, number 289, WS, number 111, WS, number 323, RS, number 128, IP, number 97, W, Crow's Foot, R, number 124, TC, number 62, W, Crow's Foot, C, number 174, IK, number 197, and it being necessary that the same should be sold for the benefit of the public: 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 Horatia [Horatio] Dade, John Skinker, John Taliaferro, William Champe, and John Taliaferro, junior, gentlemen, shall be, and they are hereby constituted and appointed commissioners for selling the said fourteen hogsheads of tobacco. | Commissioners to sell damaged tobacco, at Morton's warehouse, in King George. | |
| II. And be it further enacted, by the authority aforesaid, That they the said commissioners, or any three or more of them, shall, on or before the fourth day of June next, after giving notice in the Virginia Gazette, sell the same for the use of the public, to the highest bidder, at the said warehouse, on credit till the twenty-fifth day of October following, and shall take bond, with sufficient security, payable to the treasurer of this colony from the time being, and shall transmit the same to the said treasurer, within one month after such sale. And if any such buyer shall neglect or refuse to pay the money, on the bonds aforesaid, when the same shall become due, it shall and may be lawful for the general court, or the court of the county where such buyer resides, |
| on a motion to them made by the treasurer of this colony for the time being, to give judgement on the said bonds, and thereon to award execution, provided such buyer, and his securities, his or their heirs, executors, or administrators, have ten days previous notice, which monies shall be accounted for by the said treasurer to the general assembly. | ||
| III. And whereas a quantity of tobacco, at the public warehouse at Aquia, in the county of Stafford, has lately been damaged, and it is found necessary that an enquiry should be made by what means such damage happened, in order to grant such relief, to the inspectors at the said warehouse as shall appear reasonable: Be it further enacted, by the authority aforesaid, That Thomas Ludwell Lee, Thomas Blackburne, Henry Lee, John Fitzhugh, Samuel Selden, and William Alexander, gentlemen, shall be, and they are hereby constituted and appointed commissioners to put this act in execution, and that the said commissioners, or any five or more of them, shall, on or before the first day of September next, meet at the said warehouse, and, having first taken an oath faithfully to execute this act, enquire into the quantity of tobacco damaged in the said warehouse, and state an account thereof, and also enquire by what means such damage happened, and report their proceedings therein to the next session of assembly. | Commissioners to ascertain damaged tobacco, at Acquia warehouse in Stafford. | |
 CHAP. LX. | ||
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| WHEREAS Nathaniel Walthoe, late of the city of Williamsburg, esquire, deceased, being, in his lifetime, seised in fee simple of and in divers houses, tenements, and lots, or parcels of land, with the appurtenances, in | Henrietta Marmillod authorised to dispose of lands devised |
| this colony, by his last will and testament, in writing, among other things, did devise all his estate in Virginia, of what nature soever, to his sister Henrietta, and his neices Mary and Martha Hart (all of the kingdom of Great-Britain) to be equally divided between them, but chargeable with the payment of all his legal debts in Virginia, and with several legacies, therein particularly mentioned, as in the said will, proved and recorded in the general court of this colony, more fully is contained, and soon after departed this life, seised as aforesaid. And whereas the said Henrietta, Mary, and Martha, by their letter of attorney, dated the twenty-third day of August last past, have ordained, constituted, and appointed Benjamin Waller, of the said city, the only acting executor of the will aforesaid, their attorney, to contract and agree for, sell and dispose of, all the estate and effects whatsoever in this colony, late belonging to the said Nathaniel, to which they are intitled under his will, both real and personal, and to sign, seal, execute, and deliver, all and every such deeds, writings, conveyances, and assurances in the law, as shall be requisite and necessary for selling, conveying, and assuring the same, or such part thereof as he shall dispose of, and to receive the consideration money, and to give receipts and discharges for the same, and to do, perform, and execute, all other acts and deeds necessary for that purpose, and to collect the debts and effects of the said Nathaniel, and out of the produce thereof, to pay and discharge all the debts and legacies in Virginia, wherewith the said estate is charged and chargeable, and to remit the surplus thereof to them in England. And whereas it is represented to this general assembly, that the said Benjamin hath collected great part of the said effects, and thereout paid and satisfied the said debts and legacies, and hath contracted for the sale of some of the said tenements, but that some time in the year one thousand seven hundred and forty-nine, the said Henrietta intermarried with one Marmillod, an alien, and after cohabiting with him a short time in France, returned to her relations in Great-Britain, with whom she hath lived ever since, and that her said husband hath continued abroad in foreign parts, and is, or lately was, an inhabitant of Denmark, but had appointed his said wife his attorney, to transact all affairs for him in Great-Britain, and that the said Henrietta is inform, and in want of the money arising from | to her by her brother Nathaniel Walthoe, esq. not withstanding her coverture. |
| the estate so devised to her by her said brother, but that it is doubted whether any sale, conveyance, and assurance of such estate, made and executed by her, or by her attorney, for her, may be adjudged good and effectual in law, to pass the said estate to the purchasers thereof, and to bar her heirs, May it therefore please your most excellent majesty, 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 Henrietta Marmillod shall and may, and she is hereby enabled, notwithstanding her said husband shall happen to be living, to grant, convey, sell, and dispose of, by deed, executed in her lifetime, by herself, or by her attorney appointed for that purpose, or by her last will and testament, in writing, to any person or persons, whatsoever, and for such estate as she shall think fit, all or any part of the said houses, tenements, and lots or parcels of land, with the appurtenances, in this colony, and other estate, given and devised to her, as aforesaid, by the said last will and testament of the said Nathaniel Walthoe, deceased, and to give sufficient receipts and discharges for the consideration monies, in the same manner as she might or could dispose of the same if her said husband was naturally dead, and as if the said Henrietta was actually and really a feme sole. 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 Marmillod, the husband, and the person, or persons, hereafter to claim as heir, or heirs at law, of the said Henrietta, after her decease, all such right, title, estate, 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: Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained. |
| CHAP. LXI. | ||
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| WHEREAS Augustine Warner, of the county of Gloucester, deceased, was, in his lifetime, seised in fee simple, of a certain tract or parcel of land lying and being then in the county of new Kent, now in the county of King and Queen, containing by estimation about fourteen hundred acres, and being so seised, in and by his last will and testament, bearing date the seventeenth day of May, one thousand six hundred and seventy-nine did, among other things, give and devise the said land to his neice Alice Townley, daughter of Lawrence and Sarah Townley, deceased, to her, and the male heirs of her body, lawfully begotten forever, and for want of such heirs male, unto his next right heirs forever, as by the said will, remaining of record in the court of the said county of Gloucester, more fully may appear, and soon after died so seised, which said Alice Townley intermarried with John Grymes, of the county of Middlesex, and by him had issue a son named John, who had issue a son named Philip, to whom the said land descended in tail, and who died seised thereof, and being so seised, not knowing the same was intailed, did, by his last will and testament, bearing date the eighteenth day of December, one thousand seven hundred and fifty-six, recorded in the court of Middlesex county, devise the said land to his second son John Randolph Grymes, and his heirs forever, having by his said will made very ample provision for his eldest son, Philip Ludwell Grymes, who is very willing and desirous to comply with the will and intention of his said father, in the devise of the land aforesaid to his brother the said John Randolph Grymes. And whereas the said John Randolph Grymes, with the consent and approbation of the said Philip Ludwell Grymes, hath agreed to sell the said land to William Roane, gentleman, for the sum of seven hundred and fifty pounds current money, and it is represented to this general assembly, that it would be very advantageous to the said | Certain intailed lands whereof Philip Ludwell Grymes is seized vested in William Roane in fee simple. |
| John Randolph Grymes to confirm the said agreement, by vesting the said lands in the said William Roane, in fee simple. And forasmuch as notice hath been published three Sundays successively in the parish of Saint Stephen, in the said county of King and Queen, that application would be made to this present general assembly, to dock the intail of the said fourteen hundred acres of land, pursuant to your majesty's instruction: May it therefore please your most excellent majesty, at the humble suit of the said Philip Ludwell Grymes, John Randolph Grymes, and William Roane, 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 fourteen hundred acres of land, be the same more or less, so as aforesaid agreed to be sold to the said William Roane, upon his paying to the said John Randolph Grymes the said sum of seven hundred and fifty pounds current money, be, and the same is hereby vested in the said William Roane, to the only use and behoof of the said William Roane, his heirs and assigns forever. 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, others than the persons claiming under the last will and testament of the said Augustine Warner, deceased, all such right, title, claim, interest and demand, as they, every, or any of them, should or might claim if this act had never been made. Provided always, That the execution of this act shall be, and is hereby suspended until his majesty's approbation thereof shall be obtained. | ||
| CHAP. LXII. | ||
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| I. WHEREAS Thomas Todd, formerly of the county of Gloucester, gentleman, was, in his lifetime, seised | Intail of certain lands |
| of a considerable estate in lands, and among others, of a large and valuable tract, lying on Mattapony river, in the county of King and Queen, and of another tract, containing about one thousand acres, lying on the Dragon swamp, in the parish of Saint Stephen, in the said county of King and Queen, and being so seised, he, the said Thomas Todd, in and by his certain deed poll, bearing date the sixteenth day of March, one thousand seven hundred and nine, for the considerations therein mentioned, did give and grant to his son William Todd, and the heirs of his body, begotten of Martha Vicaris, his intended wife, five hundred acres of land, part of his said tract on Mattapony river, to be laid out convenient to the said William's plantation, as by the said deed, acknowledged by the donor, and recorded in the county court of Gloucester, may more fully appear; and the said Thomas Todd, in and by his last will and testament, in writing, bearing date the fourth day of March, one thousand seven hundred and twenty three, did give and devise the said tract of land, on Mattapony river, to his two sons, the said William and Philip Todd, as tenants in common in tail male, with cross remainders between them, and divers other remainders, and did, in and by the same will, among other things, give and devise the said tract of land, on the Dragon swamp, unto his son Richard, and the heirs male of his body, and for default of such issue male, to his said son William Todd, and the heirs male of his body, with divers other remainders, as in and by the said will, duly proved, and recorded in the said county court of Gloucester, may more fully appear, and soon afterwards the said testator died, so seised of all the said two tracts of land, except the five hundred acres so conveyed to the son William Todd. And whereas by the deaths of the said Philip and Richard Todd, the sons, without issue male, the whole of the said two tracts of land so vested in the said William Todd, and is now descended and come to William Todd, the elder, by the said Martha Vicaris, named in the said deed poll, with whom he intermarried, but for want of slaves sufficient to cultivate the said lands, the same yield but very little profit. And it is represented to this general assembly, that it will be greatly to the advantage of the said William Todd, the grandson, and those claiming in remainder | whereof William Todd is seized, docked. |
| or reversion, to sell the said tract of land, on the Dragon swamp, and lay out the money in the purchase of slaves, to be annexed to, and worked upon the other lands, and forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of St. Stephen, that application would be made to this present general assembly to dock the intail of the said tract of land, on the Dragon swamp, and settle slaves, to be purchased with the money arising from the sale thereof, to the same uses, pursuant to your majesty's instructions, to which Harry Todd, the next brother, and presumptive heir male of the said William Todd, is consenting: May it therefore pleas your most excellent majesty, at the humble suit of the said William Todd, 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, lying on the Dragon swamp, whereof the said William Todd is seised, be, and the same is hereby vested in George Brooke, Gregory Baylor, William Lyne, John Tayloe Corbin, and Richard Tunstal, junior, gentlemen, or any three of them, the survivors, or survivor of them, and the heirs, executors, or administrators of such survivor, in trust, that they, or the major part of the, or their survivors, or survivor, shall fairly sell and dispose of the said land, for the best price that can be had for the same, and convey such land to the purchaser, or purchasers, in fee simple, who shall forever hold and enjoy the same, freed and discharged of the limitations in the will to the said Thomas Todd, the elder. | |
| II. And be it further enacted, by the authority aforesaid, That the said trustees, or the major part of them, as aforesaid, shall fairly lay out the money, arising from such sale, after defraying the expences of passing this act, and the sale, in the purchase of slaves, of which one half to be females, and shall cause the names of such slaves, when purchased, together with an account of the cost thereof, of the sales of the land, and expences, as aforesaid, to be recorded in the county court of King and Queen, and from thenceforth the said slaves, and their future increase, shall be vested in the said William Todd, and the heirs male of his body forever, and, for want of such male issue, shall descend, pass, and go with the other lands, whereof the said William |
| Todd is seised as tenant in tail male, to such person, or persons, for the like estate or interest therein, to whom the said land, on the Dragon swamp, would have descended and gone by virtue of the limitations of the will of the said Thomas Todd, deceased, if this act had never been made. | |
| III. And whereas the bounds of the five hundred acres of land, conveyed by the deed poll from Thomas Todd to William Todd, herein before mentioned, have never been ascertained, which might occasion future disputes in the family, in case the said William Todd should die without issue male, as is probable, he having at present only daughters, who, in case of his death will succeed to the inheritance of the said five hundred acres, and to none other part of the said intailed lands; to prevent which disputes it hath been agreed, between the said William Todd and the above named Harry Todd, the next remainder man, to settle the bounds of the said five hundred acres of land, as followeth, to wit, beginning at a corner of the land of Mr. Robinson Daingerfield, upon Mattapony run, and running thence down the sad run to a corner red oak and ivy, standing on the east side of the forge pond, thence south twenty one degrees forty-five minutes east, one hundred and eighty-six poles to a cedar tree, standing on the west side of the road from the chapel bridge to Todd's warehouse, thence down the said road to a marked corner, near its intersection with the road from the forge, thence south thirty-seven and an half degrees east, thirty five poles, to a wild cherry tree and gum, on the west side of the stop branch, thence up the said branch to the head thereof, and thence north four degrees fifty minutes west, four hundred and thirty-four poles, to the beginning: Be it therefore enacted, by the authority aforesaid, That the bounds of the said five hundred acres of land, so conveyed by the said deed poll, from the said Thomas Todd to the said William Todd, the elder, shall, forever hereafter, be held, deemed, and taken to be as the same are, so as aforesaid, particularly described: 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 or deed poll of the said Thomas Todd, all such right, title, or interest, as they, every, or any of them, could or might have claimed, |
| if this act had never been made: 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. LXIII. | ||
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| WHEREAS Anne Scarlett, formerly of the county of Stafford, was seised in fee simple of and in a tract of land, containing seven hundred and forty acres, situate then in the said county of Stafford, but now in the parish of Dettingen, in the county of Prince William, and being so seised, she, the said Anne Scarlett, by her deed poll, bearing date the twelfth day of October, one thousand six hundred and ninety-six, did give and grant the said tract of land to her son Joshua Green, and the heirs of his body lawfully begotten, and for default of such heirs, to his sisters Anne and Lettice Green, and the heirs of their bodies lawfully begotten, with other remainders over, as in and by the said deed, recorded in the said county court of Stafford, may more fully appear, by virtue of which deed the said Joshua Green entered into the said lands and premises, and died seised thereof, without issue, whereupon the said Anne Green, and Lettice Green, entered into the same lands and premises, and made partition thereof between them, and three hundred and seventy acres, called Deep Hole tract, being thereby allotted to and for the purparty of the said Lettice Green, is descended and come to John Hancock, as great grandson, and heir of the body of the said Lettice. And whereas the said John Hancock, and Margaret, his wife, in her right, are seised in fee simple of and in a tract of land, containing four hundred and fifty acres, lying in the county of Amherst, formerly Albemarle, which was purchased by the said Margaret when sole, by the name of Margaret Muschett, | Intail of certain lands whereof John Hancock is seized, docked. |
| of Robert Rose, clerk, and conveyed by deeds of lease and release, bearing date the sixth and seventh days of February, one thousand seven hundred and forty-four, duly recorded in the said county court of Albemarle. And it is represented to this general assembly, that it will be for the advantage of the said John Hancock, and those claiming in remainder or reversion, to sell the said tract of land, in the county of Prince William, and to settle the said land in the county of Amherst, together with several slaves to be annexed thereto, to the same uses, to which the said Margaret Hancock hath freely and voluntarily consented. And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Dettingen, that application would be made to this present general assembly for an act to dock the intail of the said lands in the county of Prince William, and to settle other lands and slaves 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 John Hancock, and Margaret his wife, 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, called Deep Hole, in the county of Prince William, whereof the said John Hancock, his heirs and assigns forever, to his and their own proper use, and that the said tract of land, in the county of Amherst, so purchased by the said Margaret Hancock, of Robert Rose, together with twelve negro slaves, whereof the said John Hancock is possessed, called and known by the names of Nero, Jacob, Great Peter, Little Peter, Lewis, Daniel, Winny, Rose, Judah, Nan, Chloe, and Maria, with the future increase of the females, be, and the same are hereby vested in the said John Hancock, and the heirs of his body, and in default thereof, shall descend, pass, and go, to such person, or persons, and for such estate and interest therein, as the said lands, in the county of Prince William, would have remained, descended, and gone, by virtue of the limitations in the said deed poll of the said Anne Scarlett, if this act had never been made. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person, or persons, bodies politic and corporate, their respective heirs and |
| successors, other than the persons claiming under the deed poll of the said Anne Scarlett, all such estate, right, title, and interest, as they, every, or any of them, could or might have claimed if this act had never been made. 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. LXIV. | ||
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| WHEREAS by an act of assembly, passed in the seventh year of your majesty's reign, intituled An act to vest certain intailed lands in Ralph Wormeley, esquire, in fee simple, and for settling other lands in lieu thereof, four thousand acres of land, part of a tract containing eight thousand and seven acres, lying in the county of Frederick, purchased by the said Ralph Wormeley, of Mann Page, esquire, were vested in the said Ralph Wormeley, and the heirs male of his body, to descend, pass, and go, in lieu of a tract of land, in the county of York, and to the same uses, and under the like limitations, to which the said lands in York were subject, by the will of John Wormeley, esquire, father of the said Ralph. And whereas the said Ralph Wormeley hath not only paid and satisfied large debts and legacies, due from his said father's estate, and thereby preserved the slaves chargeable therewith, but hath also purchased sundry other slaves, great part of which are now working on the intailed lands, and he intends to devise them to his eldest son and heir apparent, in order to cultivate those lands, but cannot do the same, consistent with justice to his younger sons, without he is allowed to make provision for them out of the said four thousand acres of land, in the county of Frederick, intailed by the said act of assembly. And it is represented to this general assembly, by the said Ralph Wormeley, and the honourable Ralph Wormeley, | Intail of certain lands whereof Ralph Wormeley is seized, docked. |
| esquire, the younger, his eldest son, and apparent heir male, that it will be for the common benefit of the family if the said four thousand acres of land were vested in the said Ralph Wormeley, the elder, in fee simple, to enable him to make provision thereby, for his younger sons, and to give to his said heir sufficient slaves to work the intailed lands: May it therefore please your most excellent majesty, at the humble suit of the said Ralph Wormeley, the elder, with the consent of the said Ralph Wormeley, the younger, 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 four thousand acres of land, in the county of Frederick, which, by the said recited act, is vested in the said Ralph Wormeley, the elder, and the heirs male of his body, shall be, and the same is hereby vested in the said Ralph Wormeley, his heirs and assigns, forever, to his and their own proper use, and that so much of the said recited act, as is contrary hereto, be, and the same is hereby repealed. 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 recited act, all such right, title, and interest, as they, every, or any of them, could or might have if this act had never been made. 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. LXV. An act to dock the intail of certain land whereof Nathaniel Dandridge is seised. | |
| WHEREAS by an act of the general assembly, passed in the seventh year of his present majesty's reign, intituled An act to vest certain intailed lands in | Intail of certain lands whereof Nathaniel West Dandridge is seized, docked. |
| Nathaniel West Dandridge, esquire, in fee simple, and for settling slaves in lieu thereof, it was enacted, that fourteen hundred and sixty-six and an half acres of land in Hanover county, whereof the said Nathaniel West Dandridge was seised, as tenant in tail, should be vested in him in fee simple, and that sundry negro slaves should be annexed to the residue of the intailed lands of which the said Nathaniel was seised, to descend and pass therewith, in lieu of the said fourteen hundred and sixty-six and an half acres. And whereas the particular bounds, mentioned and described in the said act, have been found to contain only one thousand one hundred and seventy-seven acres, on a just and accurate resurvey thereof, whereby two hundred and eighty-nine acres appear wanting, to make up the quantity for which the said slaves were deemed an equivalent, and it is just that such deficiency be made good: 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 Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That two hundred and eighty-nine acres of land, of which the said Nathaniel West Dandridge is seised, as tenant in fee tail, adjacent to the lines mentioned in the said recited act, beginning at a corner hickory, on Cat Tail swamp, running down the same as it meanders to a corner white oak, and running thence a straight course to the dividing line already made, so as to include two hundred and eighty-nine acres, be, and the same is hereby, vested in the said Nathaniel West Dandridge, his heirs and assigns, in fee simple. Saving to the king's most excellent majesty, his heirs and successors, and to all persons, bodies politic and corporate, other than those claiming under the last will of Unity Dandridge, deceased, all such right, title, and interest, in and to the said two hundred and eighty-nine acres of land, as they, or any of them, should or might have had if this act had never been made Provided always, That the execution of this act shall be suspended, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. LXVI. | ||
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| WHEREAS William Booth, of the parish of Cople, in the county of Westmoreland, gentleman, and Elizabeth his wife, are seized in her right, by virtue of the will of her grandfather Henry Ashton, deceased, as tenants in fee tail, of and in a certain tract or parcel of land, containing by estimation five hundred acres, lying at the mouth of Nomony river, in the parish and county aforesaid. And whereas the said William Booth is possessed of a larger number of slaves than can be advantageously employed on the said land, and it will be for the benefit of the said William Booth, and Elizabeth his wife, and their posterity, if the intail of the said five hundred acres of land be docked, inasmuch as the said William Booth will thereby be enabled to make a better provision, not only for his younger children by his said wife, but for the heir in tail. And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Cople, pursuant to your majesty's instructions, that application would be made to this present general assembly for an act to dock the intail of the said five hundred acres of land: May it therefore please your most excellent majesty, at the humble suit of the said William Booth, and Elizabeth his wife, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is enacted, by the authority of the same, That the said tract or parcel of land, containing five hundred acres, be the same more or less, be, and the same is hereby vested in Richard Henry Lee, Richard Lee, George Washington, and John Augustine Washington, esquires, and their heirs, in trust, that they the said Richard Henry Lee, Richard Lee, George Washington, and | Certain intailed lands whereof William Booth and Elizabeth his wife are seized, vested in trustees, to be sold. |
| John Augustine Washington, or any three of them, shall sell and dispose of the said tract of land to any person, or persons, for the best price that can be had, and convey the same to the purchaser, or purchasers, and to his or their heirs, who shall forever thereafter hold the said land, discharged of the limitations in the will of the said Henry Ashton, or in any conveyance or settlement executed by him, and with the money arising by such sale the said trustees, or any three of them, shall faithfully purchase other lands, which they shall cause to be conveyed to the said William Booth, and Elizabeth his wife, and to the heirs of the body of the said Elizabeth, and in default of such heirs, to such person, or persons, as the said land, in the parish of Cople, in the county of Westmoreland, would have descended and come if this act had not been made. Saving to the king's most excellent majesty, and his heirs and successors, and to all other persons and bodies politic and corporate, other than the persons claiming under the said Henry Ashton, all such right, title, estate, and demand, as they, or any of them, could or might have if this act had not been made. Provided, That the execution of this act be, and is hereby suspended until his majesty's approbation thereof shall be obtained. | ||
| CHAP. LXVII. | ||
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| WHEREAS James Blackwell, the elder, formerly of the county of New Kent, deceased, was in his lifetime, and at the time of his death, seised in fee simple, of and in one certain tract or parcel of land, situate in Blackwell's neck, in the county of Hanover, containing by estimation about five hundred acres, more or less, and being so seised, did, by his last will and testament in writing, bearing date the sixth day of May, one thousand seven hundred and seventeen, devise the same in | Intail of certain lands whereof James Blackwell, the younger, is sized, docked. |
| these words, to wit, "I give and bequeath to my son John Blackwell my plantation where I now live, with all the lands and plantations on the said lands, that doth belong to me, to him and his heirs lawfully begotten of his own body, " and soon after making the said will, the said James Blackwell, the elder, died so seised, and the said John Blackwell, the son, entered into the said lands, and died seised thereof, leaving issue James Blackwell, his eldest son and heir, who also entered into the said lands. And whereas it is represented to this present general assembly, that the said James Blackwell, being seised of the said lands in fee tail, and not having any slaves to work the said lands, hath been obliged to sell and dispose of the same for the term of his own life, and hath come to an agreement to exchange the reversion of the said intailed lands with Carter Braxton, esquire, for another tract of land in King William county, containing two hundred and sixty acres, lying on Jack's creek, and known by the name of Foster's, together with the following slaves, viz. Sam, Wapping, Boatswain, Sam, a boy, Sarah, Selena, Venus, Bridget, and Peg, to be annexed thereto. And forasmuch as notice hath been published three Sundays successively in the several churches of St. Paul's parish, in the county of Hanover, that application would be made by the said James Blackwell to this present general assembly to dock the intail of the said first mentioned tract of five hundred acres of land in Hanover, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said James Blackwell to this present general assembly to dock the intail to the said first mentioned tract of five hundred acres of land in Hanover, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said James Blackwell, and Carter Braxton, 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 reversion of the said five hundred acres of land, including the sunken grounds belonging thereto, in the county of Hanover, so as aforesaid agreed to be exchanged with the said Carter Braxton, be, and the same are hereby vested in the said Carter Braxton, his heirs and assigns, to the only use and behoof of the said Carter Braxton, his heirs and assigns forever, and that the said two hundred and sixty acres of land in King William, called Foster's, and |
| the negro slaves aforesaid, with their future increase, be, and the same are hereby, vested in the said James Blackwell, and the heirs of his body, and that the same shall pass in descent, remainder, or reversion, as the said five hundred acres of land would have passed and descended, according to the directions and limitations contained in the will aforesaid of the said James Blackwell, the elder, if this act had never been made. Saving to the king's most excellent majesty, his heirs and successors, and to all and every 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 James Blackwell, the elder, 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. Provided always, That the execution of this act shall be, and is hereby, suspended until his majesty's approbation thereof shall be obtained. | ||
| CHAP. LXVIII. | ||
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| I. WHEREAS Gillee Gromarrin, formerly of the parish and county of Henrico, was, in his lifetime, and at the time of his death, seised in fee simple of and in sundry tracts of land, and amongst others, in one tract containing five hundred and eighty acres, more or less, within the said parish and county, and being so seised made his last will and testament in writing, bearing date the sixteenth day of October, one thousand seven hundred and sixteen, and therein, amongst other things, did give and bequeath to his son Wiltshire Gromarrin | Certain intailed lands whereof Colwell Pettypool, and Mary his wife are seized, vested in Joseph Mayo. |
| all his tract of land and plantation whereon he then lived, containing five hundred and eighty acres, more or less, to him the said Wiltshire, and the hairs of his body lawfully begotten, and if no such issue, then to his son Francis Gromarrin, and the heirs of his body lawfully begotten, and if none such, to his son Gillee Gromarrin, and the heirs of his body lawfully begotten, with several remainders over, in case of failure of issue of the said Gillee Gromarrin, as in and by the said last will and testament, of record in the court of the said county of Henrico, may more fully appear, and after the death of the said Gillee Gromarrin, the elder, the said Wiltshire and Francis died without issue, and the son Gillee Gromarrin entered into the said tract of land, as tenant in fee tail, and died thereof seised, leaving issue Wiltshire his son, and two daughters, Mary the now wife of Colwell Pettypool, and Susannah the wife of Charles Lewis, and the said Wiltshire having died without issue, the said Mary entered into a moiety of the said land, as tenant in fee tail, which moiety, upon a survey and division of the said tract, appears to be three hundred and twenty acres, but the said Colwell Pettypool, and Mary his wife, having no slaves to work the said land, and living in a remote part of the country, far distant therefrom, the same is at present rather a burthen than a benefit to the said tenant in tail, and it hath been represented to this general assembly, that it will be of great benefit to the said Mary, and to the heir in tail for the time being, to sell and dispose of the said three hundred and twenty acres of land, and to apply the money arising from the said sale towards the purchase of other lands, with slaves, more convenient, to be settled to the same uses, and the said Colwell Pettypool, and Mary his wife, having contracted with the late Philip Mayo, gentleman, for the sale of the said land, for the sum of one thousand pounds current money, much more than the real value thereof: And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Henrico, that application would be made to this present general assembly for an act to dock the intail of the said land, pursuant to your majesty's instructions: And whereas the said Philip Mayo, by his last will and testament in writing, duly proved and recorded in the court of the said county of Henrico, did devise his whole estate to his son Joseph Mayo, subject to |
| certain limitations and remainders therein expressed, and having made provision for payment of the said consideration money: May it therefore please your most excellent majesty, at the humble suit of the said Colwell Pettypool and Mary his wife, 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 three hundred and twenty acres, within the following bounds and land marks, to wit, beginning at an elm tree on James river, at Roper's fishing place, thence north eighty-five and an half degrees east three hundred and twenty poles to Pointer's, thence south nineteen and an half degrees east sixteen poles to a red oak, thence south seven and an half degrees east fifty-six poles to Fox's branch, thence south seven degrees west seventy-six poles to Pointer's, in the said Philip Mayo's line, thence on his line south fifty-three and three quarter degrees west three hundred and twenty-six poles to the aforesaid, be, and the same is hereby vested in the said Joseph Mayo, and that he the said Joseph Mayo hold and enjoy the same land, with such estate therein, as is directed and devised in and by the will of the said Philip Mayo. | |
| II. Provided always, by the authority aforesaid, That the executors of the said Philip Mayo, shall pay the said sum of one thousand pounds to Richard Claiborne, Lyddal Bacon, Thomas Winn, Thomas Tabb, and Lodowick Farmer, gentlemen, in trust, that they, or any three of them, shall fairly lay out the said sum, one half in the purchase of lands more convenient, and the other half in slaves, one half thereof to be females, to be conveyed by deed or deeds duly proved and recorded, wherein the names of such slaves shall be expressed; and from thenceforth the said lands and slaves, so purchased, shall be vested in the said Mary, and the heirs of her body lawfully begotten, and in case of default of such heir, the same shall remain and descend to such person, and persons, to whom the said three hundred and twenty acres would have remained and descended, by virtue of the will of the said Gillee Gromarrin, the elder, if this act had never been made. 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 then the persons claiming under the will of the said Gillee Gromarrin, the elder, all such right, title, and interest, as they, every, or any of them, should or might have or claim if this act had never been made. Provided always, That the execution of this act be, and the same is hereby suspended until his majesty's approbation thereof shall be obtained. |
| Pages 607-625
| Pages 647-672
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