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nances, limited by the aforesaid deed of the said Saralı Bland and Thomas Povey, was extinct, in John Bland tle son and beir 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 apportenances, lying and being in the parish of Henrico, in the county of Henrico aforesaid, and negro slaves of the value of three hundred and fisty pounds current money of Virginia, and that the said Jolin New should release all his right, title, and pretensions, to the aforcsaid two inousand 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 decoased. 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 listy pounds, being of greater value than the said two thousand acres of land;

Il. May it piease 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 sun of three hundred and fifty pounds current money of Virginia, which said suin 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 survivor's of them, are hereby im powered 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 suchi negroc slaves, to such use and uses, and of sucli 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 wiss, 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 lield, possessed and enjoyed, by the said Benjamin Harrison in fee tail, under the restrictions, l'emainders 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 Jands, 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 art 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.

CHAP. XLVIII. an He Act to dock the intail of certain lands

whereof Arthur Smith is seised; and to setlle a water mill, with other lands of greater value, to the same uses.

I. WHEREAS Arthur Smith, of the county of Isle Intail of certain lands of of Wight, gentleman, deceased, was in his life time, which Ar seised in fee-simple of and in one certain tract or parthur Smith cel of land, containing two thousand two hundred and is seised,

seventy five acres, with the appurtenances, lying and docked.

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 Smithi, 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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of the bodies of the survivor or survivors of them and every of thein, as in the said will proved and recorded in the court of the said county, among other things more fully is contained, and soon after making the said will departed this life, after whose death his s id children entered into the said Jands and were thereof seised, and the said Thomas Smith, Richard Smith, George Smith, and Jane Smith, died without issue, whereby the said Arthur Smith, the son, became seised of the whole tract aforesaid, and being so seised, made his last will aud testament, in writing, bearing date the second day of December, in the year of our Lord one thousand six bundred and ninety six, and thereby, among other things, he did devise the said lands to his three sons, Arthur Smith, George Smith, and Thomas Smith, and the male heirs of their bodies lawfully begotten, and in default of issue, of any of his said sons, to the survivor and the male heirs of his body lawfully begotten, and for want of male heirs, to the female heirs of their bodies lawfully begotten, and on failure of such, to his three daughters, Jane, Sarah, and Mary, and the male heirs of their bodies lawfully begotten, his said daughter Jane, and the heirs of her body, to have half of the said land, and the other half to fall to his other two daughters Sarah and Mary, and the male heirs of their bodies, and for want of issue of both his sons and daughters, then the said land to fall to the use of the parish of New Port, for maintaining and encouraging a free school, as in the said will, proved and recorded in the said county court, more fully is contained, and soon after making the said will, the said Arthur Smith died seised as aforesaid, and after his death his said sons entered into the said lands, and the said George Smith, and Thomas Smith, died without issue, whereby the said Arthur Smith, the grandson, became seised of all the said lands with the appurtenances, and died so seised leaving issue Arthur Smith, his eldest son and heir, who entered into the same, and hath lately laid off seventy five acres or thereabouts, part of the said lands into lots and streets for a town called Smithfield, and hath agreed for the sale of many of the said lots, which town is likely to become of great custom and trade, and will tend very much to the increase of the value of the residue of the said intailed lands. And whereas the said last mentioned Arthur Smith is seised, in

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fee-simple, of one water grist mill, with two acres of land tiereunto belonging, by him lately purchased of one Thomas Waiton, and of forty acres of land or thereabouts, near the said mill, lately purchased by him of William Hiodsden, lying and being in the said parish and county, which said mill and lands with the appurtenances, are of greater value than the said seventy five acres, so laid off by the said last mentioned Arthur Smith, for the use aforesaid, and the said Arthur Smith, being desirous to perform his agreement for the sale of the said lits, is wijling, that the entail of the said seventy five acres should be dock'd, and the said mill with the said forty acres, purchased of the said William Hodsden, shall be settled to the same use's: And forasmuch as notice hath been published in the several churches of the said parish of New Port, that application would be made to this Ge. neral Assembly, to dock the entail of the said seventy five acres of land, with the appurtenances, and to vest the same in the said last mentioned Arthur Smith, in fee-simple, upon settling other lands, and the said mill, to the same uses, pursuant to your majesty's instructions;

11. May it therefore please your most excellent majesty, at the humble suit of the said last mentioned Arthur Smith, that it may be enacted, 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 said seventy five acres of land or thereabouts, with the appurtenances, part of the said two thousand two bundred and seventy five acres on Pagan creek, and so as aforesaid laid off for a towni, be, and the same are hereby vested in the said last mentioned Arthur Smith, bis heirs and assigns, to the only use and behoof of him the said Arthur Smith, his heirs and assigns for ever: And that the said water grist mill, with the lands and appurtenances thereunto belonging, and the said forty acres of land with the appurtenancess, purchased of the said William Hodsden, be, and the same are hereby vested in the said Arthur Smith, to such use and uses, and for such estate and estates, and subject to the like limitations as the said seventy five acres of land or thereabouts, are and stand limited by the said two recited wills, and the said Arthur Smith, and all other's claiming under him, shall have, hold, and enjoy, the

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