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conveyed divers portions of the lands, tenements and hereditaments, in the said letters patent mentioned to many of his majesty’s loving subjects, natural born, and denizens, and others willing to become his subjects, and to live under allegiance to his majesty in the said colony, to hold to them respectively, and to the heirs male of their respective bodies, lawfully begotten, or to be begotten; under their several rents, reservations, conditions and provisions therein contained : and whereas it has been represented to the said trustees, that many of the persons to whom such grants have been made, have no male issue of their respective bodies, and that an alteration in the grants and tenure of the said lands, upon failure of such issue, and likewise a known and certain provision for the widows of tenants in tail male, would not only encourage all such persons cheerfully, to go on with their several improvements, but also be an inducement and means of inviting divers other persons to resort to, and settle in the said colony, and greatly tend to the cultivation of the lands, the increase of the people, and the defence, strength and security of the said colony; which the said trustees most earnestly desire to promote as far as in them lies; it is therefore this day unanimously resolved by the common council of the said corporation, assembled for that purpose, that the grants of lands or tenements within the said colony heretofore made, and hereafter to be made by the said trustees, to any person or persons whatsoever, shall be altered, made and established in manner and form following ; that is to say, that if a tenant in tail male of lands or tenements in the said colony, not having done or suffered any act, matter or thing, whereby his estate therein may be forfeited or determined, shall happen to die, leaving a widow and one or more child or children ; that then and in such case, the widow of such tenant shall hold and enjoy the dwelling house and garden, (if any such there be) and one moiety of such land and tenements, for and during the term of her life; the said moiety to be set out and divided ; and in case the parties interested therein, do not agree within the space of three months, by the magistrates of the town court in Georgia, nearest thereto, or any one of them—and in case such division be made by one of such magistrates only, then any person, or persons, finding him, her or themselves, aggrieved thereby, may within the space of three months, appeal to the other three magistrates of the said town court, whose determination thereof shall be final. And if such tenant shall happen to die, leaving only a widow, and no child or children, then that such widow shall hold and enjoy the said dwelling house, garden and all such lands and tenements, for and during the term of her life.— And in case the widow of any such tenant, whether he die without issue by her or not, shallmar. ry again after his decease, then such person to
whom she shall be so married, shall within the space of twelve months after such marriage, give security to the said trustees, and their successors, whether personal or otherwise, agreeable to such instructions as shall be given by the common council of the said trustees, for maintaining and keeping in repair, during such marriage, the said dwelling house, garden and other premises, to which she shall be so entitled in right of her former husband : And if such security shall not be given in manner aforesaid, within the space of twelve months after such marriage, that then, and in such case, the provision hereby made, or intended to be made for the benefit of such widows, shall cease, determine and be absolutely void, to all intents and purposes; and the said dwelling house and garden, and all and singular the premises, shall be and enure to such child or children, or such other person or persons, who would be entitled to the same, in case the said widow was naturally dead. “ And if tenant in tail male of lands or tenements in the said colony, not having done or suffered any act, matter or thing, whereby his or her estate therein may be forfeited or determined, shall happen to die, leaving one or more daughter or daughters, and no male issue; then that such lands and tenements, if not exceeding eighty acres, shall be holden in tail male by any one of the daughters of such tenant; and if exceeding eighty acres, by any one or more of the daughters of such tenant in tail male, as such tenant shall by his or her last will and testament in writing, duly executed in the presence of three or more credible witnesses, direct and appoint; and in default of such direction and appointment, then that such lands and tenements shall be holden in tail male by the eldest of such daughters; and in default of issue male and female, either born in the life time of such tenant in tail male, or within nine months after his decease, then that such lands and tenements, if not exceeding eighty acres, shall be holden in tail male by any one such person ; and if exceeding eighty acres, by any one or more such person or persons, as such tenant in tail male by his or her last will and testament in writing, executed as aforesaid, shall direct and appoint; and in default of such direction or appointment, then that such lands and tenements, shall be holden in tail male by the heirs at law of such tenant, subject nevertheless, in all and every of the said cases, to such right of the widow (if any) as aforesaid, provided that such daughter or daughters, and all and every such person or persons, so entitled to hold and enjoy such lands and tenements, do within the space of twelve months after the death of such tenant, personally appear, if residing in America, and claim the same in any of the town courts in Georgia; and if residing out of America, then within the space of eighteen months next after the death of such tenant : and provided also, that no such
devise or appointment, shall be made by such
tenant of lands exceeding eighty acres, in any lesser or smaller portion or parcel than fifty acres to any one daughter, or other person ; and that no daughter or other person shall be capable of enjoying any devise, which may thereby increase
his or her former possession of lands within the
said colony, to more than five hundred acres; but such devise to be void, and the lands thereby given, to descend in such manner as if no such devise had been made. And in default of such appearance and claim, as aforesaid, that all and singular such lands and tenements shall be, and remain to the said trustees and their successors, for ever: Provided also, that all and every such estates hereby created or intended to be created, shall be subject and liable to the several rents, reservations, provisoes and conditions, as in the original grants thereof are particularly mentioned and contained; save and except so much thereof as is hereby altered, or intended to be altered, in case of failure of male issue, and the provision hereby made or intended to be made for widows.
“And that in every granthereafter to be made by the said trustees or their successors, of any lands or tenements in the said colony, all and every grantee therein named, not doing or suffering any act, matter or thing whereby his or her estate therein may be forfeited or determined, shall have good right, full power, and lawful authority to give and devise the same by his or her