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.

Certain in

tailed lands

vested in

Henry

CHAP. L.

An Act to rest certain intailed lands therein mentioned in Henry Washington, gentleman, in fee-simple.

I. WHEREAS Edwin Thacker, late of the county of Middlesex, gentle an, deceased, was in his life time seised in fee tail general, of and in two thousand Washington. eight 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 Washington hath come to an agreement with the said Lewis Burwell, and Frances his wife, Elizabeth Thacker the daughter, and Sarah 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 hath 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 Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the 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.

III. 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 heirs and successors, other than the persons claiming under the last will and testament of the said Edwin Thacker, the father, their heirs, executors, administrators or assigns, all such right, estate, title, interest, claim and demand, whatsoever, of, in and to the said eleven hundred and twelve acres of land, with the appurtenances, as they, or any of them, had, or should, or might have had, if this act had never been made.

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

Act establishing a town, near

Roy's warehouse, in Caroline county amended.

CHAP. LI.

An Act to amend the Act, intituled, An Act for establishing a town, near Roy's warehouse, in the county of Caroline; and for other purposes therein mentioned.

I. WHEREAS by an act of Assembly, made in the eighteenth year of the reign of his present majesty, intituled, An act for the establishing a town near Roy's warehouse, in the county of Caroline, and for other purposes therein mentioned; sixty acres of land which had been laid off for a town pursuant to the will of Robert Smith, deceased, were vested in certain trustees or directors therein named, who were impowered and directed to set apart so much of the said land for a market place, a public quay, and public landings on the river, as they should think necessary, and to sell the residue of the said lots at public sale, from time to time, to the highest bidder, and to convey the same to the purchasers respectively, and to apply the money arising by such sale, in the first place, for and towards satisfying and paying such judgment, or decree, as should be obtained by the assignees of à mortgage for the said land made to Micajah Perry, Thomas

Lane, and Richard Perry, of London, merchants, in the said act particularly mentioned, and if any money should remain after the payment of such judgment or decree and costs, then to pay and allow one fifth part of such overplus to the widow of the said Robert Smith, and to put out to interest, upon good security, the remaining four parts for the benefit of Lawrence Smith, Charles Smith, Elizabeth Smith, and Dorothy Smith, the children of the said Robert Smith, or the survivors of them, and the representatives of any of the said children, who should happen to die, to be paid them in equal proportions, when they should respectively attain the age of twenty-one years, or marriage, as in the said act of Assembly more fully is contained: And whereas the said trustees, or directors, have sold the said lots of land, according to the directions of the said act, and have, out of the purchase money, paid and satisfied the money and tobacco recovered by the assigness of the mortgage aforesaid, and there remains a considerable sum of money in their hands, which hath been by them put out to interest according to the directions of the said act; and forasmuch as it hath been represented to this General Assembly, that it was the true design and intention of the last will and testament of the said Robert Smith, that such overplus money should be equally divided, between his widow of the said Robert Smith, and his five children, Lawrence, Charles, Sarah, Elizabeth, and Dorothy, and divers suits and controversies have arisen, and are likely to arise, between the said children concernin the same, for settling which differences, and for disposing of the said overplus money, according to the true intention of the said testator Robert Smith;

II. BE it 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 so much of the said recited act of Assembly, as relates to the disposition of the said overplus money remaining, after satisfying the judgment or decree obtained by the assignees of the mortgage aforesaid, be, and the same is hereby repealed and made void to all intents and purposes whatsoever.

III. And be it further enacted, by the authority aforesaid, That all the money arising by the sale of the lots aforesaid, and all interest accruing thereon, and which shall remain after deducting what shall have

been paid, in satisfation of the judgment obtained by the assignees of the mortgage aforesaid, and the costs expended on that occasion, and also the necessary expences in and about the passing and exccution of the Said recited act, shall be, by the said trustees and directors, or the survivors of them, applied in the following manner; that is to say: One sixth part thereof shall be by them paid to the executor, or administrator, with the will annexed, of Elizabeth Smith, deceased, late widow of the said Robert Smith, and to be applied as in her said will is directed, and the other five parts shall be equally divided between the said Lawrence Smith, Charles Smith, Sarah, the wife of Luke Burford, Elizabeth, the wife of Charles Venable, and Dorothy Smith, children of the said Robert Smith, deceased, and paid to them respectively by the said trustees or directors: And whereas by the death and removal out of the country of some of the trustees or directors in the said recited act named, and the remote situation of others from the said town, and from each other, it is difficult for a sufficient number of the said directors to meet for the purposes mentioned in the said act. Wherefore,

IV. Be it enacted, by the authority aforesaid, That Edward Dixon, Robert Gilchrist, and James Bowie, gentlemen, are hereby appointed directors and trustees for putting the said recited act in execution, and together with the surviving trustees, in the same act named, shall have the same power and authority, in all things relating to the matters contained in the said recited act, as if they the said Edward Dixon, Robert Gilchrist, and James Bowie, had been expressly named and appointed in the said recited act.