Bladen County NcArchives Court.....M'Phaul - Deceased, Niel 1789
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Connie Ardrey n/a August 12, 2009, 9:13 pm

Source: Colonial Records Of North Carolina
Written: 1789

Acts of the North Carolina General Assembly, 1789
North Carolina. General Assembly
November 02, 1789 - December 22, 1789
Volume 25, Pages 1-63

CHAPTER XXV.

An Act to Establish the Title of Certain Lands therein Mentioned.

Whereas, it hath been made appear to this Assembly, that Mary M'Phaul, widow 
of Niel M'Phaul, late of Bladen county, petitioned the Justices of Bladen 
county court, at the sessions held in said county in May one thousand seven 
hundred eighty-five, for a subsistence for herself and children out of the 
estate of her late husband the said Niel, pursuant to an act of the General 
Assembly, the prayer of which petition was granted, but by inattention of the 
Clerk of said court the order was not fully inserted in the records, wherefore 
the Commissioner of confiscated property paid no attention to the said order, 
but proceeded to sell and did make sale of two tracts of land, the only estate 
remaining of the said Niel, which sale was contrary to the intention of the 
Legislature and the order aforesaid: Wherefore,

I. Be it enacted by the General Assembly of the State of North Carolina, and 
it is hereby enacted by the authority of the same, That the sale made by the 
Commissioner of confiscated property for Wilmington district, of a certain 
tract of land, situate on the Mill prong of the Raft Swamp in Bladen county, 
now in Robinson county, containing one hundred acres; and also the sale of one 
other tract of land, situate on a branch of the said Raft Swamp, containing 
fifty acres, late the estate of Niel M'Phaul, of Bladen county, deceased, is 
and are hereby declared null and void and of no effect, any law to the 
contrary notwithstanding.

II. And be it further enacted by the authority aforesaid, and it is hereby 
enacted, That the said two tracts of land is and shall continue the estate of 
the heirs, being the sons of the said Niel M'Phaul, as fully and effectually 
as if such sales had not been made by the Commissioner aforesaid, subject 
nevertheless to the dower of Mary M'Phaul, widow of the said Niel, in the same 
manner as widows are entitled unto dower under the general law of this state.

III. And be it further enacted by the authority aforesaid, That all lands and 
other property heretofore granted by any county court in this state, agreeably 
to an Act of the General Assembly in that case made and provided, to any widow 
or orphans of such persons whose estate become confiscated, shall be vested in 
the grantees in fee simple, as fully and absolutely as if the same had never 
been subject to confiscation in manner and form agreeable to the act of 
descents.

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