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Contributed by: James Hughes
URL: http://vagenweb.rootsweb.com/hening/vol04-23.htm#page_452
URL title: Hening's Statutes at Large
Note:
An Act for the better enabling the Executors of the last Will and Testament of Charles Burges, gent. deceased, to pay his Debts, and Legacies.
I. WHEREAS Charles Burges, late of the county of Lancaster, gent. deceased, was in his life time, and at the time of his death, seised in fee simple, of divers plantations, and parcels of land, with the appurtenances, lying and being in the counties of Prince-William, and Spotsylvania; that is to say, Three thousand two hundred and thirty acres, lying and being in the said county of Prince-William, near the mountains, called the Coblers, granted to him by right honourable Thomas, lord Fairfax, proprietor of the Northern Neck, in Virginia, by his certain deed poll, bearing date the fifteenth day of June, in the year of our lord one thousand seven hundred and thirty one; three thousand and forty six acres, lying and being near the mountains, in the said county of Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the same fifteenth day of June, in the year aforesaid; eleven hundred and seventy six acres, lying and being on Goose-Creek in the said county of Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the seventeenth day of June, in the year of our lord one thousand seven hundred and thirty one; and two thousand nine hundred and twenty five acres, lying and being upon Goose Creek, aforesaid, in the said county of Executors of Charles Burges, empowered to sell his lands in Prince-William and Spotsylvania.
Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the thirteenth day of September, in the year of our lord one thousand seven hundred and thirty one; and seven thousand four hundred acres, lying and being in the little fork of Rappahanock river, in the said county of Spotsylvania, granted to him by patent, under the great seal of Virginia, bearing date the twenty fifth day of August, in the year of our lord one thousand seven hundred and thirty one, aforesaid, amounting, in the whole, to seventeen thousand seven hundred and seventy seven acres; besides divers other parcels of land, with the appurtenances, of considerable value. And whereas the said Charles Burges, at the time of his death, being possessed of, and interested in, a great number of slaves, and a personal estate, consisting mostly of outstanding debts, many of which are precarious, or cannot be recovered in any short time, did make his last will and testament, in writing, bearing date the fourth day of November, in the year of our lord one thousand seven hundred and thirty two, whereby he gave several considerable legacies to Frances Burges, his wife, and to his sisters, leaving only three daughters, and the greatest part of his estate undisposed of, and appointed his said wife, and Edwin Conway, and James Ball, gent. executors of his said last will; and since his death, many great debts have been demanded of the said executors, which exceed, and must exhaust, the whole value of the said slaves, and personal estate, if the creditors should bring their actions, and serve executions which will likewise be attended with great expences; whereby the testator's lands must remain a burthen upon the said children, without any hopes of improving or raising any profits out of them. And though by an act of the parliament of Great Britain, lately made, all lands, in the plantations, are made liable to be sold, as a personal estate, for the paiment of debts, yet, in this case, that must be done upon executions, which must issue upon judgments obtained by the creditors, who have their election to take such part of the other estate as may be more easily sold: Therefore, for saving the great expence of law charges, which must necessarily attend the discharging the said debts, in the ordinary course of administration; for preserving the slaves, or such part of them as may be necessary for the cultivating and improving Recital of act of parliament, subjecting lands to sale, in the colonies.
such of the testator's lands as are like to bring in the most profit; and for the better performing and executing the said last will, by paying the legacies contained therein;
II. May it please your most excellent Majesty, at the humble suit of the said Frances Burges, Edwin Conway, and James Ball, That it may be enacted; and be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That the said Frances Burges, Edwin Conway, and James Ball, or any two of them, and the survivors and survivor of them, and the executors of such survivor, or the administrator of the goods and chattels of the said Charles Burges, by them not administered, be and are hereby severally impowered, to sell to any person or persons, who shall be willing to purchase the same, and for the best price that can be got, all, or any part of the said seventeen thousand seven hundred and seventy seven acres of land, above mentioned and described; and to execute all deeds and conveiances necessary in the law, for assuring unto such purchaser or purchasers, a good estate in fee simple, in the lands so to be purchased: and such purchaser or purchasers shall afterwards for ever peaceably and quietly hold and enjoy the lands, so purchased, to them and their heirs for ever. And the money paid by such purchaser or purchasers, shall be applied, in the first place, to paying the debts, and then the legacies, of the said Charles Burges. And this act is declared to be a public act.
III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their heirs and successors, (other than the heirs of the said Charles Burges, and the persons claiming under his will) all such right, title, estate, interest, claim, and demand whatsoever, of, in, and to, all or any of the lands before mentioned, as they, every, or any of them, had, should, or might have had, if this act had never been
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In Christ Church Vestry Book I find that "May 5, 1741,
Mr. Jesse Ball and Mrs. Margaret Ball, wife of Mr. James Ball, Jun'r, Mrs. Frances Burgess and Mrs. Elizabeth Burgess,
A Geanealogy of the Glassell Family , Page 60
http://www5.familytreemaker.com/cgi-bin/texis/find/search30/?query=%22jess e+ball%22+margaret+burgess&db=online&areas=10&head=online&booknum=&categor y=&words=%22jesse+ball%22&first=margaret&last=burgess&cmd=context&id=37c1e d68f#hit1
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Marriage Bonds in Lancaster County, VA; Wm. and Mary
Qrtly., Vol. 12, No. 2
5 Dec., 1748, Baldwin Mathews Smith & Mrs. Frances Burges. Consent of
Jesse Ball. Witnessed by Sinah Ball and Suenner Scott.
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1653-1800 Lancaster County, Virginia Wills [Ida J. Lee];
Fox, Ann. Will. 13 March 1722. Rec. 1 June 1723.
Legatees: Brother Wm. Daingerfield; sister, Frances Thacker; cousin, Ann Thacker; Edwin Daingerfield, and his wife Eliza- beth; Rev. Bartholomew Yeats and his wife Sarah; Vivian Ann Burgess; my daughter Frances Burgess wife of Chas. Burgess. Extrs. Charles Burgess and Frances his wife. Wits. Jane Williams, Rose Kaugh. W.B. 10, Page 435.
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
Abt 1704 - Aft 1737 (~ 34 years)