New Kent Co., VA

Susannah  ( Sanders )  Cooper   &   Isles  Cooper
- 1717 - 
.......................................................
Copy  from  
"LAWS OF VIRGINIA.  - September  1744 - 18th George II.		
Chap. X L I , [pages 294, 295, 296].

An Act, to enable Susannah Cooper, to sell and dispose of her personal estate, by deed 
or will, notwithstanding her husband, Isles Cooper, shall happen to be living; and for 
other purposes therein mentioned.


Susannah Cooper Sanders  authorised to dispose of her property as a feme sole.

I.	WHEREAS  Susannah Cooper, of the county  of New Kent, late Susannah 
Sanders, 
some time in the year of our lord one thousand seven hundred and seventeen,[1717] 
intermarried with one Isles Cooper; and at the time of such marriage, was possessed 
of a personal estate.

II.	And whereas the said Isles Cooper, at the time os such marriage, was a person 
of fortune or circunstance, and in less than three years after the said marriage, left the 
said Susannah, and went to parts unknown to her, having first spent and consumed 
great part of the estate brought him by the said Susannah,  and also contracted several 
debts; for satisfaction whereof, his creditors, after his departure, seised, and took in 
execution, the small remainder, left by him, of the said estate;   Whereby the said Susannah 
was reduced to the utmost misery and distriss, and was obliged, for some time, to depende 
upon the charity and assistance of her friends and relations for support:  And the said Isles 
Cooper, some small time after his departure, married to another wife, who in a little time died; 
and soon after married again to a third wife, by whom he had several children, some of which 
are now living.

III.	And whereas the said Susannah hath made humble suit, by petition, to this present 
General  Assembly, setting forth the matters aforesaid; and that she hath received no letter
from the said Isles Cooper for these twenty odd years past; And also, that since her said 
husband's departure, she hath, by her industry, been enable to purchase a few slaves, and  
hath also acquired a small personal estate,  though not sufficient to support her, in the decline 
of life, so comfortably as she might be supported if she was at liberty to dispose of any part of 
such estate, so by her acquired; but that no purchaser will treat with her on account of her 
coverture;  And further setting forth. that in her present unhappy situation, she is exposed to 
many injuries, some persons committing trespasses on her tenements, and others refusing to 
perform their contracts and agreements with her; for which wrongs and injuries, she is advised 
she can maintain no action in her own name, unless her husband be actually dead;  And 
moreover being desirous to make provision for a son she hath by the said Isles Cooper, and 
to leave him the small estate she hath, or may have in possession, at the time of her death; 
which, she is also advised, she cannot do, by law, in case her husband should happen to be 
living, without an act of Assembly to enable her so to do;

IV.	Therefore, is as much as the said Isles Cooper hath been absent so many years, and 
intermarried with other women, though he knew the said Susannah was living, and hath utterly 
neglected to make any provision for the maintenance of her, the said Susannah Cooper, during 
all that time; it is reasonable that the said Susannah should have power, notwithstanding her 
said husband is now living, to dispose of such estate as she hath acquired by her own industry, 
since her said husband left her;  May it please your most excellent majesty, at the humble suit 
of the said Susannah Cooper, that it may be enacted;

V.	And be it exacted, by the Lieutenant-Governor, Council, and Burgesses, of this present 
General Assembly, and by the authority of the same,  That  the said Susannah Cooper shall and 
may, and she is hereby ensable, notwithstanding the said Isles Cooper her husband, is now 
living, by her last will and testament, or otherwise, to give, sell, and dispose of all, or any part 
of the slaves, or personal estate, whereof she now is, or hereafter shall be possessed, in the 
same manner as she might, or could dispose of the same, if the said Isles Cooper was naturally 
dead, and the said Susannah Cooper was actually and really a feme-sole.

VI.	And be it further enacted, by the authority aforesaid,  That the said Susannah Cooper 
shall, and may, and she is herely enabled, at all times hereafter, by the name of Susannah Cooper, 
to make contracts and  agreements, in her own name, and  to sue and be sued, in all courts of 
judicature within this colony, as a feme sole may, or can, by law, notwithstanding the said Isles 
Cooper is living;  And that none of the estate, whereof the said Susannah Cooper now is, or 
hereafter shall be possessed, shall be subject or liable to the debts, controul, or disposition of 
the said Isles Cooper, though he be living; but that the same shall, for ever hereafter, remain 
and be for the sole and separate use and behoof of the said Susannah Cooper, her heirs, 
executors, or administrators, or such  other person or persons, to whom she shall give, grant, 
convey, or devise the same, as aforesaid.  Any law, statute, custom, or usage, to the contrary, 
notwithstanding.

VII.	Provided always,  That notwithstanding the said Isles Cooper be now living, and the 
said Susannah shall survive him, that she, the said Susannah, shall not claim, have,  or be 
intituled to any part or share of the estate of the said Isles Cooper; either real or personal; but
 that she the said Susannah, shall be, and is hereby utterly excluded and barred from all dower 
and thirds, or other part or share of the estate of the said Isles Cooper, either real or personal. 
any law, statute, usage, or custom, to the contrary notwithstanding.

VIII.	Saving to the king's most excellent majesty, his heirs and successors, and to all and 
every other person or person, bodies politic and corporate, their respective heirs and successors, 
other than the person or persons claiming under the said Isles Cooper, all right, title, estate, 
interest, claim, and demand, as they, every, or any of them, shoul or might have had or claimed, 
if this act had never been made.

IX.	Provided always,  That the execution of this act shall be suspended, until his majesty's 
approbation thereof shall be obtained."
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- From  LAWS  of   VIRGINIA  -  September 1744 -  18th George II.
			Chap. XLI,   pages 294, 295, 296. -

Copied by Betty Antunes de Oliveira. Rio de Janeiro, 14  February 1998

File contributed for use in USGenWeb Archives by:
Jim Curlin - curlin@crosslink.net


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