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said mill and forty acres of land, in lieu of the said seventy five acres of land, in the same manner as he, she, or they, could or might have claimed, held or enjoyed, the said seventy five acres of land, so laid off for a town as aforesaid, in case this act had never been made, and not otherwise.

Ill. Saving to the King's most excellent majesty, his heirs and successors, and all and every other person or persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the two before rr cited last wills and testaments, all such right, title, interest, claim, and demand, as they, every or any of them, should or might have had or claiined if this act had never been made.

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

CHAP. XLIX.

An Act to dock the entail of certain lands

whereof David Garland is seised, and for settling other lands and slaves

of greater value to the same uses.

1. WHEREAS Edward Garland, the elder, late of the county of New Kent, dereased, was in bis lifetime Intail of cerseised in fee-simple of, and in one certain tractor par- tain lands of cel of land, containing by estimation six hundred and which David eighty acres, being the land whereon he lived, with seised, dockthe appartenances, lying and being in the parish of ed. St. Paul, then in the county of New Kent, but now in the county of Hanover, and being so seised, did make his last will and testament, in writing, bearing date the fourteenth day of March, in the year of our Lord one thousand seven hundred and nineteen, and thereby, among other 'things, he did give and devise the same unto his son Edward Garland, and the heirs of his body lawfully begotten, by the description of the plantation whereon he then lived, and all the land

belonging to it, up to the head of the little neck, excepting the life of his wife Jane Garland upon the said plantation, to him and his heirs, and so from heir to heir as long as any should appear, but failing of such heirs, to the other brother in the manner before directed by the said will, as in the said will proved and recorded in the court of the said county of New Kent more fully is contained, and soon after making the said will the said Edward Garland departed this life, after whose death and the death of the said Jane Gar. land, the said Edward Garland the son, entered into the said lands, with the appurtenances, and was seised thereof as the law requires, and died so seised, after whosi: death David Garland, eldest son and heir of the said Edward Garland the son, entered into the said, land, with the appurtenances, and was and is thereof seised: And whereas the said David Garland is seised, in fec-simple, of one certain tract or parcel of land containing by estimation, twelve hundred and twenty two acres, lying and being in the county of Lunenburg, lately purchased by him of John Edloe, and Anne his wife, and one other tract or parcel of land containing by estimation, eight hundred and twenty six arres, lying and being in the said county of Lunenburg, lately purchased by him of William Edloe, and Anne bis wife, and is also possessed of eight slitves, named Will, Peter, Daniel, Adam, Dick, Gilbert, Kate, and Amy, as of his own proper slaves, and it will be for the advantage and benefit of the heir in tail, and of those claiming in remainder and reversion, under the will of the said Edward Garland, the elder, to dock the entail of the said tract or parcel of land in the county of Hanover, whereby the said David Garland may be enabled to make a better provision for his younger children, and to settle his said other lands, in the county of Lunenburg, with the slaves aforesaid to be annexed thereto, being of greater value, to the same uses. And forasmuch as notice has been published three Sundays successively, in the several churches of the said parish of Saint Paul, that application would be made to this General Assembly, to dock the entail of the said six hundred and eighty acres of land, and to settle other lands and slaves 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 Garland, that it may be enacted, and Be it enacted, by the Lieuten ent Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said tract or parcel of land, with the appurtenances, containing six hundred and eighty acres, lying and being in the said county of Hanover, so as aforesaid, devised by the last will and testament of the said Edward Garland, the elder, and whereof the said David Garland now stands seised in fee-tail, be, and the same is hereby vested in the said David Garland, his heirs and assigns in fee-simple, to the only use and behouf of him the said David Garland, his heirs and assigns tor ever; and that the said two several tracts or parcels of land herein before mentioned, to be purchased by the said David Garland, lying and being in the said county of Lunenburg, and all and every the slaves before named, together with the future increase of the said female slaves, be, and the same are hereby vested in the said David Garland, and the heirs of his body lawfully begotten, and upon failure of such heirs, the same shall remain and descend to such person and persons, in the same manner, and under the same limitations and remainders successively, as the said six hundred and eighty acres of land would have remained and descended, by virtue of the said before recited last will and testament of the said Edward Garland, the elder, if this act had never been made.

III. And be it further enacted, by the authority aforesaid, That the estate tail in the said lands in the county of Lunenburg, hereby settled in lien of the other lands in the county of Hanover, shall not at any time hereafter be docked or defeated, by writ in the nature of an ad quod damnum or otherwise, except by act of the General Assembly of this dominion.

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 persons claiming under the last will and testament of the said Edward Garland, the elder, 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.

PP-Vol. 6.

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

CHAP. L.

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An Act to test certain intailed lands therein

mentioned in Henry Washington, gentleman, in fec-simple.

Certain in I. VHEREAS Edwin Thacker, late of the county tailed lands of Middlesex, gentle an, deceased, was in his life vested in

time seised in fee tail general, of and in two thousand Henry Washington. cight hundred acres of land, or thereabouts, in the

county of King William, and three thousand acres of land, or thereabouts, in the county of Middlesex aforesaid, under and by virtue of the last will and testament of Edwin Thacker, his father', and being so seised, departed this life, in the year of our Lord one thousand seven hundred and forty-five, leaving Elizabeth Thacker, his widow, and Frances, Elizabeth, Anne, and Sarah, his daughters, and coheirs to whom the said lands, after the death of their father, descended in coparcenary: And whereas after the death of the said Edwin, Thacker, the son, the mansion house where he had lived, with eleven hundred and twelve acres, or thereabouts, part of the aforesaid lands in Middlesex, was assigned to the said Elizabeth Thacker, the widow, for her dower of the said lands in Middlesex, and in lieu of her dower of the said lands in King William; and Lewis Burwell, of the county of James City, gentleman, having married with the above named Frances; and Henry Washington, of the said county of Middlesex, having married with the above named Anne, partition of the said lands in King William, and of the residue of the lands in Middlesex, was only made and confirmed among the said copartners: And whereas the said Elizabeth Thacker, the widow, hath lately departed this life, by which the said Lewis Burwell, and Frances his wife, in right of the said Frances, the said Elizabeth Thacker the

daughter, the said Henry Washington, and Anne lis wife, in right of the said Anne, and the said Sarah Thacker, are seised in coparcenary, in fee tail, of and in the aforesaid eleven hundred and twelve acres. But forasmuch as if partition should be made, of the said eleven hundred and twelve acres, among the said copartners, their several purparts would be of very little value, in regard a dwelling house and out houses and offices thereto belonging, on one part of the said eleven hundred and twelve acres of land, are of such great value, that the part of the said land to be allotted therewith, if any, would be very small, and the said houses cannot conveniently be divided, and in regard great part of the said eleven hundred and twelve acres, is very mean, and lies in such a manner, that if every copartner should have an equal proportion of the good and mean land, her part must be laid off in a long and narrow form, whereas the whole together would be of great value, and the said Henry Washiington hath come to an agreement with the said Lewis Burwell, and Frances bis wise, Elizabeth Thacker the daughter, and Saralı Thacker, to pay them the sum of nine hundred pounds as a consideration for their parts of the said eleven hundred and twelve acres, provided the fee-simple estate of all the said lands may be vested in him, to which the said Anne Washington bath freely and voluntarily consented. And whereas notice hath been published in the churches of the parish of Christ Church, where the said lands lic, that application would be made to this General Assembly for leave to dock the entail of the said lands, pursuant to your majesty's instructions. Therefore,

II. May it please your most excellent majesty, at the humble suit of the said Lewis Burwell, and Frances his wife, Elizabeth Thacker the daughter, Henry Washington, and Anne his wife, and Sarah Thacker, that it may be enacted, and Be it enacted, by the Lieu-. tenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by tho authority of the same, That the said eleven hundred and twelve acres of land, late in the possession of the said Elizabeth Thacker, deceased, with the appurtenances, be, and the same are hereby vested in the said Henry Washington, his heirs and assigns, to the only use and behoof of him the said Henry Washington, his heirs and assigns for ever.

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