Halifax County NcArchives Court.....Col. Barnaby McKinney, Blake Baker & 1761 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Connie Ardrey n/a February 22, 2009, 6:51 pm Source: Colonial Records Written: 1761 Acts of the North Carolina General Assembly, 1761 March 31, 1761 - April 23, 1761 Volume 25, Pages 457 - 467 CHAPTER XV. An Act to dock the entail of certain lands therein mentioned, vesting the fee simple thereof in Blake Baker, and for settling other lands, in lieu thereof to the same uses. I. Whereas, Col. Barnaby McKinney, late of this province, deceased, being in his life time, seized in his demesne, as of fee of and into, certain tracts of land lying and being in Halifax county (formerly Edgecomb), and being so seized, the said Barnaby McKinney did, by his last Will and testament, in writing, bearing date the thirteenth day of August in the year of our Lord one thousand seven hundred and thirty seven, devised to his son Richard M'Kinney, in fee tail (together with other lands), that tract of land, whereon the said Barnaby M'Kinney then lived; bounded as followeth: Beginning at the upper end of the Cypress Gut on Morattuck River, at a place called the old Milldam, thence by the windings of the said Gut, to the great ditch; thence along the said ditch to the corner thereof at the road; and thence by the courses of the Cypress Gut to where William Brown's head line crosses the same; then by Brown's headline to his corner near the head of Merry branch; then by Brown's lower line, to a Maple on Morattock river: as also, Two hundred acres of land, purchased of Col. William Maule, adjoining William Brown's lower line; and all the remainder of the said Barnaby M'Kinney's lands on the south side of Morattock river, not before devised; and if the said son Richard should die without lawful heir or issue, then the plantation whereon the said Barnaby M'Kinney then lived, with three hundred acres of land adjoining should descend to his son John M'Kinney in fee-tail; and all other the lands before devised to the said Richard M'Kinney, should go to the two daughters of the said Barnaby M'Kinney, to-wit: Patience Lane an Mourning Pope, and the heirs of their two bodies lawfully begotten, and to their heirs forever, equally to be divided between them, and soon after died; and the said Richard M'Kinney, after the death of the said testator, in consequence of the said devise, became seized and possessed of the lands aforesaid, and so died seized thereof without lawful issue; by means whereof John Lane, and Henry Pope, the lawful heirs of Patience Lane and Mourning Pope, became seized as heirs at law to the said Patience and Mourning of the lands in the aforesaid device mentioned; except the plantation, and three hundred acres of land limited as aforesaid to the said John M'Kinney. And the said John Lane, Heir at Law to the said Patience Lane, who, by the will of the said testator, in default of lawful issue of the said Richard M'Kinney, was intitled to one half of the said lands so limited to the said Patience and Mourning, entered, and was seized, and possessed thereof; and apprehending that he had a fee simple estate therein, agreed to sell the same to Col. Joseph Lane, for the consideration of Four Hundred Pounds, and executed a lease and release to the said Col. Joseph Lane, for his part or share of the lands so limited to the said Patience and Mourning; and the said Joseph Lane apprehending that he had (after the conveyance by the said John Lane executed) an absolute estate, in fee simple, to the said lands so conveyed by the said John Lane, agreed to sell the same to Blake Baker, for the consideration of five hundred pounds, and executed deeds of conveyance for the same to the said Blake Baker. And also, whereas, the said John Lane is seized, in fee-simple, of, and into, one certain tract or parcel of land, containing by estimation, six hundred and eighty three acres, lying and being in the parish of Edgecomb, in the County of Halifax, lately purchased by him of Joseph Lane by deed of Feossment; and also, whereas, it will be greatly to the advantage of the eldest son of the said John Lane, to dock the entail of the said lands so limited to the said Patience, his mother, whereby the said John may be enabled to provide for his younger children, and to settle the other parcel of land purchased of Joseph Lane as aforesaid, whereof he is seized in fee-simple, to the same uses; and forasmuch as notice has been published three Sundays successively in the several churches and chapels in the said parish of Edgecomb, in the county of Halifax, that application would be made to this present General Assembly, to dock the intail of the said dividend of land so limited to the said Patience, upon settling the other lands 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 John Lane, and the said Blake Baker that it may be enacted, and be it Enacted, by the Governor, Council, and Assembly, and by the authority of the same, that the said land so limited, as aforesaid to the said Patience Lane, so as aforesaid agreed to be sold to the said Joseph Lane and by him to the said Blake Baker, be, and are hereby vested in the said Blake Baker, his heirs and assigns, in fee-simple, to the only proper use and behoof of the said Blake Baker, his heirs and assigns forever. And that the other parcel of land herein before mentioned to be purchased by the said John Lane, lying and being in the county of Halifax, be, and is hereby vested in the said John Lane, in the same manner as by the said will directed for the other lands so limited to the said Patience; and the same shall remain, go, and descend, to all and every such person and persons, and for such estate or estates and in such manner and form, as the said lands so limited to the said Patience would have remained, gone and descended, by virtue of any limitations in the will of the said Barnaby M'Kinney before mentioned, as if this act had never been made; saving to the King's most excellent Majesty, his heirs and successors, and to all and every person and persons, bodies politick and corporate, their respective heirs and successors, other than the persons claiming under the will aforesaid of the said Barnaby M'Kinney, 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. III. And also, whereas, the said Barnaby M'Kinney, by his last will and testament as aforesaid, devised to his daughter Christian M'Kinney, and the heirs of her body lawfully begotten, and their heirs forever, three hundred and twenty acres of land more or less, being the plantation leased to Dr. James Thompson, known by the name of Walnut Fork, and two hundred and fifty acres more or less; including the plantation where James Denson lived; and all the lands between the Cypress Gut and Isaac Reck's line, and the Black pond; and the said Christian intermarried with William Hurst, late of Halifax county, by whom she had issue, Mary, her only child and heir; and sometime after the death of the said Barnaby M'Kinney the said Christian departed this life, leaving issue the said Mary, who is entitled to the aforesaid two tracts or parcels of land so devised to the said Christian her mother; and apprehending that the said land had a fee-simple estate therein, and in order to purchase other land and slaves of greater value than the aforesaid two tracts of land to advance her fortune and interest, agreed to sell the same to Blake Baker, for the consideration of five hundred pounds. and whereas, the said Mary is seized in fee-simple of and into one tract of land, containing by estimation, two hundred and seventy-five acres, lying and being in the county of Halifax, conveyed to William Hurst, father of the said Mary, by Benjamin Sherrod and Patience his wife, and by deed of gift, conveyed to the said Mary by the said William Hurst, her father; and also two hundred acres, lying and being in Northampton county, purchased of Paul Patrick, and Asigns his wife, by the aforesaid William Hurst, and by him conveyed to the said Mary by deed of gift: And whereas, it would be greatly to the advantage of the said Mary to dock the entail of the said two tracts of land so devised to the said Christian her mother; and to settle the other parcels of land whereof the said Mary deceased, is seized in fee-simple being of greater value to the same uses; And forasmuch as notice has been published three Sundays successively, at the churches and chapels in the parish of Edgecomb, in the county of Halifax, that application would be made to this present General Assembly to dock the entail of the aforesaid two tracts or parcels of land so devised to the said Christian, upon settling the other lands of greater value to the same uses, pursuant to your Majesty's instructions: IV. May it therefore please your most excellent Majesty, at the humble suit of the aforesaid Mary Hurst and Blake Baker, that it may be enacted, and be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, that the two tracts or parcels of land so devised as aforesaid to the said Christian, so as aforesaid agreed to be sold to the said Blake Baker, be, and are hereby vested in the said Blake Baker, his heirs and assigns, in fee- simple, to the only proper use and behoof of the said Blake Baker, his heirs and assigns forever; and that the aforesaid two hundred acres of land herein before mentioned, lying and being in Northampton county, conveyed to the said Mary by deed of Gift as aforesaid, be, and is hereby vested in the said Mary Hurst, in the same manner as is by the said will directed for the other land so devised to the said Christian, in lieu and stead of the aforesaid three hundred and twenty acres of land so devised as aforesaid, and that the aforesaid two hundred and seventy-five acres before mentioned, lying and being in the county of Halifax, conveyed to the aforesaid Mary, by William Hurst, her father as aforesaid, be, and is hereby vested in the said Mary Hurst, in the same manner as is by the said Will directed for the other lands so devised to the said Christian, in lieu and stead of the aforesaid two hundred and fifty acres of land so devised as aforesaid, commonly called the Callodonia plantation; and the aforesaid two tracts or parcels of land so conveyed as aforesaid to the said Mary, shall remain, go, and descend to all and every such person and persons and for such estate and estates and in such manner and form as the aforesaid two tracts or parcels of land so devised to the said Christian severally would have remained, gone and descended by virtue of any devise or limitation in the will of the said Barnaby M'Kinney before mentioned as if this act had never been made, saving to the King's most excellent Majesty, his heirs and successors, and to all and every other person or persons, bodies politick and corporate, their respective heirs and successors, other than the persons claiming under the will, of the said Barnaby M'Kinney as aforesaid; or otherwise, all such rights, title, interest, claim and demand, as they or any of them should or might claim if this act had never been made. Provided always, that this Act or anything herein contained shall not take effect or be in force, until his Majesty's approbation be had to the same. Read three times and ratified in open Assembly, the 23d day of April, 1761. File at: http://files.usgwarchives.net/nc/halifax/court/colbarna883wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 12.0 Kb