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their own proper use and behoof; and that the said four hundred and sixty acres of land in the county of King and Queen, whereof the said Richard Todd is seized, together with the negro slaves aforesaid, and their future increase, shall be, and the same is hereby vested in the said Richard Todd, 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 land in the county of Orange would have descended and gone, under the limitations in the will of the said William Todd, if this act had never been made.

IV. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons, bodies politick and corporate, other than the persons claiming under the will of the said William Todd, all such right title, interest and estate, claim and demand, as they, every, or any of them, could or might have had or 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. XIV.

An act to vest certain entailed lands in Robert Lewis, gentleman, in feesimple, and for purchasing more convenient lands to be settled in lieu thereof.

vested in Ro

I. WHEREAS John Lewis, formerly of the parish Certain enof Abington, in the county of Gloucester, esq. deceas- tailed lands ed, was in his lifetime, and at the time of his death, sei- bert Lewis, zed in fee simple of a tract or parcel of land lying in gentleman. the parish of St. Peter, in the county of New Kent, and the parish of St. Paul, in the county of Hanover, containing thirteen hundred acres, more or less, being part of a tract of land called Chomokins, and by his last will and testament, in writing, bearing date in March one thousand seven hundred and twenty-five, did, among other things, give and devise the said tract of

land, with the appurtenances, unto his son Robert Lewis, and the heirs of his body lawfully begotten, for ever, and for want of such heirs to his son Charles Lewis, and the heirs of his body lawfully begotten, for ever, and for want of such heirs to his next male heir at law, by virtue of which will the said Robert Lewis is now seized of the said thirteen hundred acres of land in fee taille; and whereas the said lands are very inconvenient to the said Robert Lewis, and less capable of improvement than other lands which may be purchased with the money arising from the sale thereof, and the said Robert Lewis hath agreed to sell the same to several purchasers for the sum of twelve hundred and fifty pounds current money, the full value thereof, and is desirous that the entail of the above mentioned land should be docked, and that the said sum of twelve hundred and fifty pounds current money should be laid out in the purchase of more convenient lands, to be settled to the same uses; and John Lewis, eldest son and heir apparent of the said Robert Lewis, being of full age, is willing and desirous that an act may pass for that purpose; and forasmuch as notice hath been published, three Sundays successively, in the several churches of the said parishes of St. Peter and St. Paul, that application would be made to this present General Assembly to dock the entail of the said thirteen hundred acres of land, 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 Robert Lewis, that it may be enacted, And be it enacted, by the LieutenantGovernour. Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said thirteen hundred acres of land, with the appurtenances, lying and being in the counties of New Kent and Hanover, whereof the said Robert is now seized in fee taille as aforesaid, be, and the same are hereby vested in the said Robert Lewis, his heirs and assigns, to the only proper use of the said Robert Lewis, his heirs and assigns, for ever, and that the said sum of twelve hundred and fifty pounds current money be paid by the said Robert Lewis to Thomas Walker, Henry Fry, Thomas Meriwether, and Nicholas Meriwether, gentlemen; and the said trustees, or the greater part of them, or their survivers, shall fairly lay out the said sum of money in the purchase of a

more convenient tract or tracts of land; and as soon as
such purchase can be made, they are hereby empow-~
ered and required to cause proper deeds or conveyances
in law to be executed to the said Robert Lewis, for
conveying the lands to be purchased to the said Ro
bert Lewis, and the heirs of his body lawfully begotten,
for ever, and in default of such heirs to such person and
persons as the said thirteen hundred acres of land in
New Kent and Hanover would have remained and de- ♬、
scended by virtue of the will of the said John Lewis, if
this act had never been made.

III. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons bodies politick and corporate, their respective heirs and successours, other than the persons claiming under the said recited will, all such right, title, interest, estate claim, or 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 be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained.

CHAP. XV.

An act to vest certain entailed lands whereof William Cary is seized in Allen Jones in fee-simple, and for settling other lands and slaves to be purchased in lieu thereof to the same

uses.

whereof

1. WHEREAS William Cary, formerly of the coun- Certain en ty of Warwick, was in his lifetime, and at the time of tailed lands his death, seized in fee simple of and in a tract of high William Caland and marsh lying at the mouth of Skiff creek, in ry is seized. the said county, containing about three hundred and vested in Alsixty acres, and being so seized made his last will and testament, in writing, bearing date the twenty sixth day of August, one thousand seven hundred and eleven, and therein, amongst other things, did give and devise the

len Jones.

said tract of land, after the decease of his wife Martha, untó his son Harwood Cary, and the heirs of his body lawfully begotten, with several remainders over, in case of failure of issue of the said Harwood Cary, as in and by the said will may more fully appear; and after the death of the said testator, and his said wife Martha, the said Harwood the son entered into the said tract of land, and died seized thereof, leaving issue William Cary, his eldest son and heir, who entered into the said land, and is now seized thereof as tenant in fee taille; but the said William Cary having no slaves to work the said land, the same is of little profit to him; and it hath been represented to this assembly that it will be for the benefit of the said William Cary, and his issue, to sell the said entailed lands, and lay out the money in the purchase of other lands and slaves, to be settled to the same uses, the said William Cary having contracted for the sale of the said entailed lands to one Allen Jones, for seven hundred and twenty pounds current money, the full value of the same; and forasmuch as notice hath been published three Sundays successive-, ly, in the several churches of the parish of Warwick, in the said county of Warwick, that application would be made to this present General Assembly for an act to dock the entail of the said lands, and for settling other lands and slaves to be purchased with the money aforesaid, 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 William Cary, that it may be enacted, And be it enacted, by the LieutenantGovernour, 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 sixty acres of high land and marsh, be the same more or less, whereof the said William Cary is seized in the county of Warwick, be, and the same is hereby vested in the said Allen Jones, his heirs and assigns, for ever, to his and their own use.

III. Provided always, and be it further enacted, That the said Allen Jones shall pay the said sum of seven hundred and twenty pounds to Archibald Cary, John Fleming, Robert Bolling, junior, and Joseph Cabell, gentlemen, IN TRUST; that they, or the greater part of them, shall fairly lay out the said money in the purchase of other lands and slaves, to be conveyed by deed

or deeds duly proved and recorded, and from thenceforth the said fands and slaves so purchased shall descend, pass, and go together, to the said William Cary, and the heirs of his body, and to such other person or persons as the said lands in the county of Warwick would have remained, gone, and descended, by virtue of the limitations in the will of the said William Cary the elder, if this act had never been made.

IV. Saving always to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons bodies politick and corporate, their respective heirs and successours, other than the persons claiming under the will of the said William Cary the elder, all such estate, right, title, and interest, as they, every, or any of them, should or might have had or claimed, if this act had never been made.

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

CHAP. XVI.

An act for vesting the absolute property of certain slaves therein named in George Heale, gentleman, and for settling three certain tracts of land therein mentioned on the said George Heale, in lieu of the said slaves.

Absolute

slaves vested

1. WHEREAS John Heale, late of the county of Lancaster, gentlemen, deceased, by his last will and property of testament, in writing, duly executed, bearing date the certain twenty ninth day of November, one thousand seven hun- in George dred and thirty-nine, did, among other things give, de- Heale, and vise, and bequeath unto his nephew George Heale, now three tracts of the said county of Lancaster, gentleman, and to the of land setheirs male of his body lawfully begotten, several tracts thereof. of land, in the said will particularly described, and several slaves, therein also named, with divers remainders over, in case of failure of such heirs male, as in and by the said will, duly proved and admitted to record, and now

tled in lieu

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