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by the said Edward Bland, and such woman as he should be lawfully married unto at the time of his death, for and during the term of their lives and the life of the survivor of them, and from and after their decease to the heirs of the body of the said Edward Bland and to their heirs for ever, by virtue whereof the said Edward Bland entered into the two thousand acres of land aforesaid, with the appurtenances, and thereof.was seised and being so seised departed this life intestate, leaving issue, by Margaret his lawful wife, John a son, and Sarah a daughter, which said Margaret survived the said Edward Bland, and intermarried with Thomas Tanner, and also survived him, and the said John Bland the son of the said Edward Bland also died intestate and without issue, in the life time of the said Margaret, and Sarah his sister and heir at law, entered into the said two thousand acres of land and appurtenances, and became seised in possession of two third parts, and of the reversion of the other third part of the same, expectant immediately upon the determination of the natural life of the said Margaret Tanner, and intermarried with Edward New, late of the county of Charles-City deceased, whom she survived, by whom she had issue John a son, and afterwards intermarried with Alexander Horton, late of Charles-City county deceased, and the said Alexander Horton and Sarah his wife, by their certain indenture bearing date the sixth day of February, in the year of our lord one thousand seven hundred and twenty two, for and in consideration of one thousand five hundred and thirty acres of land, situate on Hunting-quarter swamp, in the county of Surry, and fifty pounds sterling money of Great-Britain, did give, grant, exchange, alien, tranfer, and confirm, unto Benjamin Harrison, esq. late of the parish of Westover, in the county of Charles-City, deceased, the aforesaid two third parts of the said two thousand acres of land and appurtenances, with the reversion and reversions, remainder and remainders thereof, and also the reversion and reversions, remainder and remainders of the said other third part of the said two thousand acres of land to hold to the said Benjamin Harrison, his heirs and assigns, to his and their only proper use and behoof forever, and afterwards the said Margaret Tanner, by her certain indenture bearing date the sixth day of August, in the year of our lord one thousand

seven hundred and twenty three, for and in consideration of the sum of thirty pounds lawful money of GreatBritain, and other causes in the said indenture expressed and received, did grant, surrender, assign, and release, the other third part of the said two thousand acres of land and appurtenances, and all the estate, right, title, interest, and possession, of her the said Margaret Tanner, of, in, and to the same, unto the said Benjamin Harrison, his heirs and assigns for ever, by virtue of which said indentures, the said Benjamin Harrison entered into the said two thousand acres of land, and thereof became seised, and also the said Alexander Horton and Sarah his wife, entered into the aforesaid one thousand five hundred and thirty acres of land, and thereof became seised and possessed, and the same is still possessed and enjoyed by the heirs and assigns of the said Alexander Horton and Sarah his wife, and the said Benjamin Harrison, being seised and possessed of the said two thousand acres of land as aforesaid, did, by his last will and testament, in writing, bearing date the seventh day of October, in the year of our Lord one thousand seven hundred and forty three, give, and devise, the said two thousand acres of land and appurtenances, to his son Benjámin Harrison, the younger, and the heirs. of his body lawfully begotten for ever, and died so seised, by virtue whereof, the said Benjamin Harrison, the younger, entered into the said two thousand acres of land and appurtenances, and is still seised and possessed thereof; and the said Benjamin Harrison, the younger, is also seised in his demesne, as of fee, of one water grist-mill, and seven hundred acres of land thereunto belonging, situate in the parish of Henrico, in the county of Henrico, and near the town of Richmond: And whereas several disputes, law suits, and controversies, arose and subsisted between the said John, who is son and heir of the aforesaid Sarah Horton and the said Benjamin Harrison deceased, concerning their respective rights to the said two thousand acres of land and appurtenances, whereof the said Edward Bland at the time of his death was seised, the said John New claiming the same, under the afore-mentioned deed of the said Sarah Bland and Thomas Povey, as an estate tail, and the said Benjamin Harrison deceased, insisting that the estate tail of the said two thousand acres of land and appurteOo-VOL. 6.

nances, limited by the aforesaid deed of the said Saral Bland and Thomas Povey, was extinct, in John Bland the son and heir of Edward Bland aforesaid, and that he was seised thereof in his demesne, as of fee, under the aforesaid indentures, of the said Alexander Horton and Sarah his wife, and the said Margaret Tan. ner, which said law-suits, disputes, and controversies, have been revived and continued between the said John New and the said Benjamin Harrison, the younger, since the decease of his said father. Whereupon it hath been agreed between the said John New and the said Benjamin Harrison for the final ending, settling, and determining, the said disputes, law suits, and controversies, that the said Benjamin Harrison would convey to the said John New, and to the heirs of his body lawfully begotten for ever, the water grist-mill, and seven hundred acres of land, with the appurtenances, lying and being in the parish of Henrico, in the county of Henrico aforesaid, and negro slaves of the value of three hundred and fifty pounds current money of Virginia, and that the said John New should release all his right, title, and pretensions, to the aforesaid two thousand acres of land with the appurtenances, unto the said Benjamin Harrison, and that the same should be held and enjoyed by the said Benjamin Harrison, and the heirs of his body, according to the limitations and estates mentioned in the last will and testament of the aforesaid Benjamin Harrison deceased. And whereas the said John New and Benjamin Harrison have applied to this General Assembly, for an act to confirm and establish the said agreement, having made publication of their design three Sundays, successively, in the churches of the parish of Westover, where the said two thousand acres of land do lie, and forasmuch as the same is very just and reasonable, the said water grist-mill and seven hundred acres of land, and negroe slaves, to the value of three hundred and fifty pounds, being of greater value than the said two thousand acres of land;

II. May it please your most excellent majesty, for preventing all further suits and controversies between the said John New, and Benjamin Harrison, and their heirs, touching the right of the said two thousand acres of land and appurtenances, at the humble suit of the said John New and Benjamin Harrison that it may be enacted, and Be it enacted by, by the Lieutenant

Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the agreement above-mentioned, between the said parties, be, and is hereby confirmed and established, and shall ever hereafter be valid and binding, between them and their heirs, and all others claiming under the aforesaid deed of the said Sarah Bland and Thomas Povey.

III. And be it enacted, by the authority aforesaid, That the said Benjamin Harrison, shall, within twelve months after the passing of this act, pay and satisfy to the honourable Peter Randolph, esq. William Byrd, Richard Kennon, and Bowler Cocke, the younger, gentlemen, who are hereby appointed trustees to execute the same, the sum of three hundred and fifty pounds current money of Virginia, which said sum of money, the said trustees, the survivor or survivors of them, as soon as conveniently may be after receiving the same, shall fairly lay out in the purchase of negroe slaves, and the said trustees, the survivor or survivors of them, are hereby impowered and required to cause a deed or deeds to be executed for the said slaves, so by them to be bought, to the said John New; which deed or deeds shall be acknowledged or proved by three witnesses, and recorded in the county court of Henrico; and the said John New, from and immediately after the executing and performing of such deed or deeds shall stand seised of the aforesaid water grist-mill, and seven hundred acres of land, with such negroe slaves, to such use and uses, and of such estate and estates, and the same shall pass in descent, reversion and remainder, according to the limitations and estates mentioned in the aforesaid deed of Sarah Bland and Thomas Povey; any thing to the contrary thereof, in any wise, notwithstanding. And the said tract or parcel of land, lying and being in the parish of Westover, in the county of Charles-City, containing two thousand acres, from and after the investing of the said three hundred and fifty pounds, in the purchase. of negroe slaves, by the said trustees, and the executing and perfecting of a deed or deeds to the said John New, in manner before directed, shall be held, possessed and enjoyed, by the said Benjamin Harrison in fee tail, under the restrictions, remainders and limitations, in the last will and testament of the said Benjamin Harrison, esq. deceased, specified, limited, and appointed.

IV. Saving to the king's most excellent majesty, his heirs and successors, and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim and demand, of, in and to, any of the afore-mentioned lands, other than the persons claiming under the deed of the said Sarah Bland and Thomas Povey, and the last will and testament of the said Benjamin Harrison, esq. or either of them, as they, every, or any of them, should or might claim, if this act had never been made.

V. Provided always, That the execution of this act, shall be suspended until his majesty's approbation thereof shall be obtained.

Intail of cer

which Ar

thur Smith

is seised, docked.

an

CHAP. XLVIII.

Ae Act to dock the intail of certain lands whereof Arthur Smith is seised; and to settle a water mill, with other lands of greater value, to the same uses.

I. WHEREAS Arthur Smith, of the county of Isle tain lands of of Wight, gentleman, deceased, was in his life time, seised in fee-simple of and in one certain tract or parcel of land, containing two thousand two hundred and seventy five acres, with the appurtenances, lying and being in the said county of Isle of Wight, then in the parish of Warwicksqueak, now New Port parish, on Pagan creek, and by his last will and testament, in writing, bearing date the first day of October, in the year of our Lord one thousand six hundred and forty five, did devise the same to his children, Thomas Smith, Arthur Smith, Richard Smith, George Smith, and Jane Smith, and to their heirs for ever; but if any of his said children should happen to die before they should attain to their several ages or afterwards, without issue male of their bodies lawfully begotten, that then the part and portion of land to them or any of them so devised, shall go and remain to the heirs male

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