Colonial Williamsburg Digital Library

Upon the death of Thomas Bray I, by will he bequeathed his lands at Middle Plantation to David Bray II, his nephew. (PRO/ CO 5/1389 ff 66-68.) This was a part of 290 acres formerly owned by James Bray I. He left the Black Creek lands to Thomas Bray II, son of James Bray II. From 1698-1700 he was a Vestryman of St. Peters Parish, New Kent County.

In 1705 David Bray was appointed to Bruton Vestry when John Page moved from town. (Goodwin.)

In 1711 Bray bought 100 acres of M. Whaley called "Hicks" on west side of Queen's Creek near landing. He inherited 190 acres by mother's will (she bought in 1695); 60 acres adjoining Williamsburg which was a part of the 290 acres owned by Thomas Bray I and left to David Bray I; 4 lots in the city and 950 acres in tracts in James City County; Grices; 50 acres bought of Thomas Ballard in 1704; and other property.

Mrs. Judith Bray's other land was: 300 acres known as Tutties Neck bought by her of Frederick Jones ca. 1716.

Mrs. Judith Bray lived in Williamsburg in 1720. Byrd visited her. Also attended her funeral on October 20, 1720.

In 1700 James Bray II of Wilmington Parish, James City County, bought 1280 acres known as "Littletown" and "Utopia" on the north side of James river, Bruton and Harrup Parishes in James City County, from Alexander Walker Jr., Elizabeth Freeman and Stephen Pettus.

His will dated November 18, 1725, recorded March 14, 1725/26 stated that all his real and personal estate now in the possession of son, Thomas, to him forever; to daughter, Elizabeth Allen, the Use only of my Land & plantation Stock and negroes at Little Town until such time as grandson, James Bray III, comes to the Age of Twenty one years; to Elizabeth the plantation called Rockahock forever; Brick House and lots thereto at Williamsburg remain in the hands of my executor until the same can be sold by son, Thomas, and the money to be used for the maintenance and education of his son, James III; to Elizabeth Allen and to Angelica Baker, daughters, all personal and real estate formerly delivered to them forever; and to Elizabeth Allen two single lots in Williamsburg forever.

In 1711 James Bray II had a house in Williamsburg. Byrd in his Diary notes that he went to Bray's house in town to the marriage of his daughter to Arthur Allen.

Lands held:
At his death James Bray II held a brick house in Williamsburg with lots; Little Town and Utopia, Saunders, Pepers and Carloss in James City County and York County; and Toryham, Naamans and Grices in Charles City County and Black Creek in New Kent County.

BRAY

Source: Virginia State Library
Acc. No. 24881 Deed

[1700]

[Alexander Walker Jr. & Jane, his wife, James City County; Elizabeth Freeman of James City County; and Stephen Pettus of New Kent County
to
James Bray of Wilmington Parish James City County dated October 4, 1700.
Consideration: 5 shillings money of England]

"…All those tracts or lands called or known by the name or names of Littletown and Utopia Containing…1280 acres more or less lyeing and being on the North side of James River in Bruton and Harrup parrish in or Neer martins hundred in James City County Bounded Vizt—Easterly by a small branch of James River call'd Warehams River which devides these Lands ffrom the Land of Mr William Whitaker And Westerly by a Line of old marck'd trees That begins at an old marckt Locus Standing upon the bank of James River near Harrup house which runs North Easterly cross the head of small Branch into the woods and devides These bargained premisses ffrom the Land Late of Coll Higginson known by the name of Harrups as aforesd And Southerly by The main River, And Northerly into the woods Cross the Main Road which goes from Middle plantation towards the ffrench ordinary to the Lands of Thomas Buck & the Land Late of Harrison or Cumins untill It Include the quantity above mentioned as also one other Tract or divident of Land Comonly Called the burnt ordinary Lying & being part in New Kent and part in James Citty County in the parrish of Willmington & Blissland aforsd Containing 500 acres more or less bounded at Corner of Capt Daniel Parks Land Thence down old Rickahock path to a Corner oak on the south side of the western branch of Ware creek Thence down sd Run North East 26 chains Thence North 30 chains Thence North East 20 chains thence North East 66 chains to a corner ash thence South East 138 chains to a spanish oak thence South West 208 chains to a corner hickory belonging to Mr Bourne or Overmans on the East side of Rickahock Path Then down path 18 chains…to Goodman Hollidays dwelling house…

Recorded: Dec. 7, 1707 James City County Court

Elizabeth Freeman of age and married to John J. Coignan Dansee at this time."

Jas. BRAY

Colonial Williamsburg Archives
Manuscript

Will of James Bray James City County November 18, 1725 Recorded Mch. 14, 1725/6

"…Item I Give all that my Estate real and Personal now in the possession of my Son Thomas Bray to him and his Heirs forever. Item I Give to my Daughter Elizabeth Allen the Use only of my Land & plantation Stock and negroes that is to say all that are now on and that properly belong to that Plantation called Little Town untill my Grandson James Bray comes to the Age of Twenty one years or if he dies then untill such time as he would have been twenty one had he lived she paying the Quit Rents and [providing for negroes &c] [If grandson does not live then to son Thomas] Item I Give my Daughter Elizabeth all my Lands & Plantation called Rockahock on Chicahominy River to her and which of her Children she pleases at the time of her death and their Heirs forever. Item My Will and desire is that my Brick House and the Lotts thereto belonging at Williamsburgh be and remain in the Hands of my Executor untill the same can be sold by Son Thomas and the Money arising from such Sale I Give to him and his Heirs forever towards the better Maintenance and Education of my Grandson. Item [gives clothes at Little Town to Robert Wade] Item I Give and Bequeath to my Daughter Elizabeth Allen and her Husband all that Estate Either Real or Personal (formerly delivered by me to them) to them and their Heirs forever. And I likewise do the same to my Daughter Angelica Baker and her Husband. Item I Give and bequeath to my said Daughter Elizabeth my two single Lotts in the City of Williamsburg to her and her Heirs forever … [son Thomas and Daughter Elizabeth Allen] (so far only as she is concerned as a Legatee) Joint Exors of the will and testament …
James Bray"

[Recorded James City County March 14, 1725/26]
Inventory of Personal Property given Jany 3, 1726; returned Dec. 26, 1726/27

In 1695 Peter Temple who married Ann Bray Booth, sells her rights in James Bray's estate to Thomas Bray I for £150 Sterling and relieves said Bray as executor of James Bray I of any further involvements from Ann as heir of her father. (York County Records, #10,Deeds, Orders, Wills, p. 203.)

Peter Temple lived at "Vaulx Hall" on the west side of Queen's Creek. He bought it from Robert Vaulx, leading London merchant who married Elizabeth Burwell, sister of Lewis Burwell. (3 W 14, 274.) This property was later owned by Samuel Timson, and Philip Johnson. (1 T 240.)

Lands held: 1717 he owned 300 acres called "Tutties Neck" from his mother, Judith Bray. 14 acres near town bought from Bryan and wife; 290 acres inherited from Thomas Bray I; 190 acres through his mother; 60 acres and 50 acres via father's estate and 4 lots in the city; and "Hicks" adjoining city.

In 1728 the city of Williamsburg owed him for land taken from his father, David I. (JCCV Vol. II, 751.)

In 1743 Mrs. Elizabeth Bray's lands: 745 acres adjoining Williamsburg and 200 acres. (See: Waller Collection; Article of Agreement between Mann Page and Benjamin Waller.)

In 1737 John Custis via Mary Whaley — "100 acres east by Mann Page Est., south by the estate of Elizabeth Bray, west by Elizabeth Bray and lands of John Custis, the land and marsh upon Queen's Creek except a parcel near a valley next to the schoolhouse. " (York County Records.)

Bray's property descended in tail male to Thomas Bray II, nephew, and to James Bray III great-nephew. Bray left the residue to his friend, John Randolph. There was a compromise between Thomas Bray II and Randolph as the division. (See: Appendix.) David Bray II died at "Hicks."

Arthur Blackamore, Master of the Grammar School of the College of William and Mary for several years until removal in 1717 for drunkenness, was author of Luck at Last: or, The Unhappy Unfortunate. This books was published in London in 1723 and was dedicated to "the ingenious Mr. David Bray, Merchant, of Virginia," signed "A.B."

Mr. Riley and Mr. Ganter agree that A.B. was Arthur Blackamore and think the David Bray (1699-1732) buried at Bruton in Williamsburg, was the son of David and Judith Bray. David Bray died in 1720. (See: Research Files: correspondence between W. H. McBurney, Urbana, Illinois to Dr. Edward Riley in 1960.)

In 1731 Thomas Bray II held as heir of James Bray II and heir of David Bray II who had inherited from David Bray I and Thomas Bray I and James Bray I, all the entailed estate (tail male) which comprised Grices in Martin's Hundred, James City County; land at Barrett's Neck; Hicks in York County which David Bray I had bought from Mary Whaley (about 100 acres); 14 acres which was a part of 290 acres devised to Thomas Bray II by Thomas Bray I who got it via James Bray I being that inclosed land in the occupation of Thomas Jones adj. to the land of Sir John Randolph in 1732; Tutties Neck of 300 acres; land formerly Angelica Bray's; land bought by David Bray of one Bryan; and Black Creek lands in New Kent County. Upon the death of Thomas Bray II's son, James Bray III, in 1744 he inherited from him.

Thomas Bray II lived in Williamsburg at the section now known as Bassett Hall. His father, James Bray II by will had bequeathed to son, Thomas, "all his real and personal estate now in the possession of him to him forever." It is entirely probable that Thomas could have been settled on the Bassett Hall tract prior to the father's death. In 1743 his daughter married Colonel Philip Johnson. In 1744 Carter Burwell who was executor of James Bray Ill's will wrote Thomas Bray addressing the letter to "Col. Bray at Williamsburg" asking him to come for the slaves at Littletown. (James Bray III had lived at Little Town.) In 1749 the Waller Map of Williamsburg shows: "Col Thomas Brays 2 Lotts adjoin Mr. Benjamin Wallers Lott."

In the Account Book of James Bray III (now in the Burwell Papers) there is an account in 1743-1744 against "Col. Bray" for wood, wine, wheat, corn furnished him by James Bray III. In 1744 the account was to "Colo Thos Bray for wood, corn," and one item "To Wood load of at 5/6 from Little Town."

After the death of David Bray II in 1731, Thomas Bray II in May 1732 petitioned the Assembly for the right to sell certain entailed lands "for the advantage of his son the said James Bray…" [then under age]. He was so granted and did sell certain tracts. 11. He was supposed to reinvest the funds therefrom in slaves for his son's use and income. Bray never gave a strict account of these sales though he was goaded by the Assembly for some years. In 1740 James Bray III having come of age petitioned the Assembly to allow a Bill in Chancery against Thomas Bray II to compel him to execute the Act of 1732 and turn over all the funds from the sales, to his son, the said James Bray III. The records seem to stop here. However in January 1744 James Bray III died. There was litigation in 1752 and later between Frances Bray, former wife of James Bray III who had married Lewis Burwell, and Philip and Elizabeth Johnson concerning settlement of James Bray III's estate.

Thomas Bray II died in 1751 leaving a will which is not extant. In 1752 Philip Johnson and wife, (who was only living heir of Thomas Bray II) were living at "two lots between Benjamin Harrison and Benjamin Waller" plus acreage to the south of these lots. A compromise agreement between Johnson and wife and William Armistead and Judith Bray Ingles, his wife, resulted in Johnson and wife getting the above acreage noted, and the Armisteads getting two lots on York Road and land in Charles City County.

In 1758 Johnson had been granted in the settlement 17 acres and 26 poles which he laid off into 30 lots to be sold and built upon according to certain conditions. The 43 acres contiguous to the above were vested in a trustee for the benefit of Johnson's children, Bray's will had given to Johnson one messuage and three hundred and twelve acres of land adjoining to Williamsburg, 43 acres bought of John Baskerville and 600 acres called Tutty's Neck and 2 lots on Francis Street. (VIII Hening, 460.)

ARTHUR ALLEN & HEIRS (Mrs. Elizabeth Bray Allen, wife; Catherine Allen, daughter; James Allen, son.)

1728 Aug 21 (Surry County Records #4, Deeds & Wills 1715-1730, p. 841)

…
There is a bond to Mr. Arthur Allen and myself from my Brother Thomas Bray of the penalty of £1000 Stg. dated Jany 21, 1725 Conditioned for payment of 500£ at 2 payments to my late husband or myself One payment was past in Mr Allens lifetime and the money 200£ recd by him the other payment was not due in his lifetime and I claim that vizt 300 as my mony. Eliz. Allen."

1728 Feby 17th (Surry Co. Rec.#5, Deeds, p. 396)

Tripartite between Arthur Smith the younger, Elizabeth Allen and James Ingles. Smith and Allen to be married shortly. E. Allen still owes her daughter and son £300 each from est. of Arthur Allen, her husband; and Thomas Bray owed her £500 personally. Smith promises to pay the £300 each and the £500 to Allen's est if ct decides it belongs in Allen's estate.

1736/7 July 20th (Surry County Records, Book 6, p. 713)

1736 Mch 6th James Bray, guardian of James Allen, orphan. (Surry Co. Rec. #6, Deeds & Wills, p. 660)

1739 Nov. 21 (Surry County Records #6, Deeds & Wills, p. 95)

John Allen, guardian of Katherine Allen, orphan.

1744 Aug. 16 Will of JAMES ALLEN (Surry County Records #6, Deeds & Wills, 1738-1754, pp. 494-495; rec 1745 Mch)

Estate both real and personal to my sister Catherine Cocke during her natural Life and after her Decease to the Issue of her Body forever…rings to Thomas Bray, James Bray, Wm. Allen, Arthur Smith, Frances Bray, Eliz. Bray and others. Benj. Cocke, brother-in-law, executor.

1742 James Allen acct (Burwell Papers, M-96-2 Bray Account Book­Carter Burwell, exor)

1743 July

[1744] Feby 1, To 5£ tobacco searching for Peirce's Deed to Bland——
Mr. Allen's Estate hath a large demand agst Mr Brays estate."

[James Bray died Jany, 1744. He had been guardian to James Allen. Allen died in 1744, also.]

In November 1744 there was a sale of cattle, horses, sheep and other personal property of James Bray III's estate at Little Town. There were many Williamsburg buyers. Carter Burwell as executor credits James Bray's Estate with £79.3.6 which Col Bray [Thomas] "paid covering Mr. Philip Johnson's accounts to Bray's estate." (Burwell Papers — James Bray Account Book.) See: Bassett Hall House History for further data.

After the death of Thomas Bray II in 1751, the following year Philip Johnson and wife were living at the property now known as Bassett Hall tract.

In 1758 the lands were held in trust by John Robinson. Johnson petitioned to be able to layoff in lots 17 acres and 26 poles adjoining bounds of the city on the south — into 30 lots; and 43 acres given to Johnson; 19 acres & 26 poles given to Johnson in fee simple; and Tutty's Neck. In 1761 the lots were laid off into 34. The 43 acres bt from John Baskerville to be vested in trust for Johnson's children. In 1769 Johnson held a dwelling and 312 acres adj. city, 2 lots, and Tutty's Neck. In 1781 John Saunders tract was to the south of Johnson's property. (Rochambeau Map of Williamsburg.)

From the context of various data relating to James Bray III, it looks as though he was born about 1715. In 1736 he came of age and was ready to inherit property left him by his forebears in tail male. (See: Illustrations in appendix.)

He married in 1740 Frances Thacker, daughter of Edwin Thacker of Gloucester County. He lived only four years dying in January 1744 without issue. According to the wills of his forebears, the lands would descend in tail male to the male heir. In this case his only tail male was his father, Thomas Bray II. According to data (in appendix) Thomas Bray II by consent of the Assembly in 1732 had sold certain entailed lands in order to better keep up the estate "for the advantage of his son." He never gave a satisfactory account of funds from these sales. In 1740 James Bray III petitioned the Assembly for right to institute a suit in Chancery against his father to recover what was his due. When James Bray III died in 1744 he was in debt, had been making bricks at Little Town to sell &c. which seems to point to the fact that his father never settled with the son in entirety. However, no wills are extant and records so far have not completed the picture of these business deals.

From the Bray Account Book (now in the Burwell Papers), we learn that Carter Burwell acted as executor of James Bray's estate; and that he held a sale or outcry shortly after Bray's death at which cattle, sheep, horses, wines, furniture, some silver &c were sold to many in and around Williamsburg. Bray lived at Little Town the four years between his marriage and his death. His father, Thomas Bray II, lived in Williamsburg on lands now known as Bassett Hall tract. Thomas Bray II, had bought Little Town for £500 sterling from his sister, Mrs. Elizabeth Bray Allen, who was to hold it by her father's will until James Bray III was twenty one. It appears that she surrendered her rights for £500 by 1728.

Legislative Journals of the Council of Colonial Virginia, Vol. II, pp.750-751.

Friday March 29th 1728

…
Resolved
That all the money due to John Page Esqr for the land upon which part of the City of Williamsburgh was built pursuant to an Act of Assembly made in the 11th year of the late King William the third be paid to Mann Page Esqr for the use of Mrs Elizabeth Page Adminrix of the Goods and. Chattels Rights & Credits of the said John Page deceased so soon as the true quantity of the said Land can be ascertained out of the money in the hands of the Treasurer of Virginia

Resolved
That the balla due to David Bray Esqr for the consideration given by the Act of Assembly made in the 11th year of the late King William the third for the land taken away by that Act from the father of the said David for building the City of Williamsburgh be paid to him out of the money in the hands of the Treasurer of Virginia so soon as the true quantity of land can be known

Resolved
That the several sums following be paid to Mr John Randolph Clerk of the House of Burgesses for the several Copies of the Laws and Journals of this Session of Assembly to be made out by him by the Duty of his Office vizt

PRO/CO 5/1389, ff. 66-68 BRAY

May 1732

An Act to enable Thomas Bray, Gent. to sell certain entailed Lands therein mentioned and to layout the purchase money in Slaves to be annexed to other entailed Lands therein also mentioned.

Whereas Thomas Bray the Elder, David Bray the Elder, and James Bray the Elder, Gentlemen deceased, were in their lifetimes and at the times of their Death seised of divers Messuages, Great Tracts of Lands, and other Hereditaments lying and being in the Counties of James City, Charles City, York, and New Kent amounting to Twenty Thousand Acres and upwards, And the said Thomas Bray the Elder by his last Will and Testament in Writing bearing Date the Twenty first Day of May in the Year of our Lord MDCC devised his Lands at Middle Plantation to David Bray the Younger in Tail Male, with the Remainder to the said David Bray the Elder in Tail Male, with Remainder to Thomas Bray the Younger in Tail Male, with Divers Remainders over and by his said will did also devise his Lands at Black Creek to the said Thomas Bray the Younger, with divers Remainders over, And the said David Bray the Elder by his last will and Testament in Writing bearing Date the Twenty first Day of October in the Year of our Lord MDCCXVII devised all his Lands to his Son the said David Bray the Younger and Thereby declared his will and meaning to be that his said Son should not sell or dispose of any part of the said Lands til he had Issue of his Body Lawfully begotten and in case he should die without such Issue he gave all his Lands to the said James Bray the Elder in Tail Male with divers Remainders over, And the said James Bray the Elder did by his last will and Testament in Writing bearing Date the XVII Day of November in the Year of Our Lord MDCCXXV devised his Plantation called Little Town to his Daughter Elizabeth Allen till James Bray the Younger Son of the said Thomas Bray the Younger should attain the Age of Twenty One years and then he gave that Plantation and also the residue of his Estate in the Parishes of Wilmington and Bruton to the said James Bray the Younger in Tail Male with divers Remainders over, As by the said last Wills respectively more fully doth appear, And Whereas the said David Bray the Younger only child of the said David Bray the Elder is dead without Issue, so that the said Thomas Bray the Younger as son and Heir of the said James Bray the Elder and by Virtue of the Wills of the said Thomas Bray the Elder and David Bray the Elder respectively, is seised in Tail Male of all the Lands of 28. the said Thomas Bray the Elder and David Bray the Elder, And the said James Bray the Younger by Virtue of the Will of the said James Bray the Elder is seised of the Lands called Little Town Bruton, And Whereas the said Thomas Bray the Younger for the advantage of his son the said James Bray the Younger hath purchased for the sum of five hundred pounds Sterling the Town devised to the said Elizabeth Allen and the said Thomas Bray the Younger hath not a sufficient Number of Slaves to work such large Quantities of Lands so that the said Lands are a Burthen instead of a Benefit to him, And the same being entailed he cannot sell any part thereof to purchase Slaves which would be of great Advantage to the said Thomas and the said James his Son and those in Remainder after them when the same shall fall in if the said Thomas Bray the Younger was impowered so to do, And to enable him to make such Sale and purchase the said Thomas Bray the Younger hath applied to this General Assembly for an Act to be passed to impower him to sell so much of the entailed Lands herein after named as will raise the sum of Two thousand pounds Sterling (to wit) the Messuages, Plantations, pieces or parcels of Land called Black Creek in New Kent; Toryham, Naamans fields, and Grires in Charles City; Sanders, Peppers, Carloss, and three other small peices in James City and York Counties; (that is to say) fifty Acres of Land which Thomas Ballard by Deed bearing Date the Sixth Day of December MDCCIV conveyed to David Bray the Elder, Sixty Acres joyning to Williamsburg which is part of two hundred and ninety Acres devised by the Will of Thomas Bray the Elder and was purchased of Henry Wyatt by James Bray Esqr. father of the said Thomas Bray the Testator, And that parcel of Land which lies in York County parcel of One hundred and Ninety Acres which was formerly Angelica Bray's containing by Estimation forty Acres more or less, and the same to be laid out by the said Thomas Bray the Younger in purchasing Slaves to be settled by an Act of Assembly on the other Lands according to the Uses of the said Wills respectively and according to the Value of the Lands sold under such Will and to order an Account thereof to be laid before the House of Burgesses at the next Session of Assembly and hath made poulication [sic] of such his Design in the Churches of the Parishes respectively where the said Lands lie three Sundays successively and no Person hath appeared 29. to oppose the same, May It Please Your Most Excellent Majesty at the Humble petition of the said Thomas Bray the Younger 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 Thomas Bray the Younger is hereby impowered and enable to sell in Fee simple so much of the said Messuages, Plantations, Tracts, pieces or parcels of Land, called Black Creek, Toryham, Naamans Fields, Grires, Sanders, Peppers, Carloss's, and the said three other small pieces in the said Counties of James City and York before mentioned as will raise two thousand pounds Sterling, And that the Purchaser or Purchasers of the said Lands hereby mentioned to be in Fee Simple of the premises or any part thereof respectively which shall be so as aforesaid purchased and the said purchaser may conveyor sell any part thereof upon Paiment of the purchase Money arising by the sale of the said premises be laid out in the Purchase of Slaves to be annexed to the remaining Lands according to the Uses of the said Wills respectively and according to the Value of the Lands sold under such Will, And Be It Further Enacted by the Authority aforesaid, That the said Thomas Bray the Younger shall lay on Account of the Lands sold under which will held for what Consideration sold, of the Slaves bought and to what Lands annexed before the next Session of the General Assembly and that George Nicholas of the City of Williamsburg Gentleman Henry Power of the County of James City Gentleman and Samuel Cobbs of the said City Gentleman or any two of them be and they are hereby appointed Trustees for the due execution of this Act, Saving and reserving to the Kings most excellent Majesty, his heirs, and Successors and to all and every other Person and persons,Bodies Politic and Corporate, and their respective Heirs and Successors, All such Right, Title, Estate, Interest, Claim, and Demand of in and to any of the Lands before mentioned to be sold by Virtue of this Act other than the Persons claiming under the last wills of the said Thomas Bray the Elder, David Bray the Elder, and James Bray the Elder, or any of them as they every or any of them should might claim if this Act had never been made, Provided that the Execution of this Act shall be suspended till his Majestys Approbation shall be obtained."

[copy made from Acts not in Hening's Statutes, 1702-1732 by Waverly Keith Winfree (1959) A thesis presented to William and Mary College for Master of Arts.]

Statutes at Large, William Waller Hening, Richmond (1820), Vol IV, pp. 370-376 [1732]

An Act to confirm and establish an Agreement therein mentioned, made between Thomas Bray, gent. and John Randolph, Esq. for the settlement of their respective rights to certain Lands, whereof David Bray, the elder, gent. deceased, died seised; and for other purposes therein also mentioned.

WHEREAS David Bray, the elder, late of the parish of Bruton, in the county of James City, gent. deceased, was in his lifetime seised in his demesne, as of fee, of several messuages, lands, tenements, and hereditaments, lying and being in the counties of James-City, Charles-City, York, and New-Kent; and was also seised in fee-tail, with the revertion in fee expectant thereon, of a tract or piece of land, lying and being in the counties of James-City, and York, containing one hundred and ninety acres, more or less, by virtue of the last will of his mother Angelica Bray; and by his last will and testament in writing, bearing date the twenty first day of October, in the year of our lord one thousand seven hundred and seventeen, devised all his lands to his son David Bray, the younger; & thereby declared his will & meaning to be, That if his son David should live 'til he came to the age of twenty one years, and should not have issue of his body, lawfully begotten, that he should not sell or dispose of any of the said lands until he had such issue; but if he should live to have such issue of his body, and attain the age of twenty one years, if both these things should happen, he gave his said son, all his lands, to him and his heirs for ever; but in case he should die before he had lawful issue, he gave all his said lands to his brother James Bray, and the heirs male of his body, lawfully begotten; and in default of such issue, his will was, that all his said lands should be equally divided between the heirs of his said brother James, and the lawful heir of his late deceased sister, Anne Ingles, late wife of Mongo Ingles, as by the said will more fully may appear, and died so seised: After whose death, the said David Bray, the younger, entered into the tenements aforesaid, with the appurtenances, and was thereof seised: And the said David Bray, the younger, was also seised in his demesne, as of fee, of one messuage, plantation, piece or parcel of land, commonly called and known by the name of Tuttie's Neck, containing by estimation, three hundred acres, more or less, lying and being in the parish of Bruton, in the county of James-City, which was purchased by Judith Bray, the mother of the said David Bray, the younger, of one Frederick Jones; and also of fourteen acres of land, with the appurtenances, lying and being in the parish of 31. -2- Bruton, in the county of James City, aforesaid; which the said David Bray purchased of one Bryan, and his wife: And by his last will, bearing date the fourth day of June, in the year one thousand seven hundred and thirty one, among other things, devised the residue of all his estate, both real and personal, and all revertions and remainders thereof, to John Randolph, esq. and his heirs, for ever, upon certain trusts therein mentioned, as by the said last mentioned will more fully doth appear; and died without issue: After whose death, several disputes and controversies have arisen between Thomas Bray, gentleman, who is son and heir of the said James Bray, and the said John Randolph, concerning their respective rights, to the messuages, lands, tenements, and hereditaments, whereof the said David Bray, the elder, at the time of his death was seised in fee: the said Thomas claiming the same under the will of the said David Bray, the elder, and the said John Randolph insisting, that as the said James Bray died in the life-time of the said David Bray, the younger, the said Thomas could take nothing by the said will; but the said John Randolph, claimed the same under the will of David Bray, the younger; and the said John Randolph, also claimed the revertion in fee, in the one hundred and ninety acres of land aforesaid, the estate-tail being extinct.

II. Whereupon, it was agreed between them, for the final ending, settling, and determining the said disputes and controversies, That the said Thomas would convey to the said John Randolph, and his heirs for ever, all and singular the lands, tenements, and hereditaments, with the appurtenances, lying and being in Martin's-Hundred, in the county of James-City, aforesaid; which the said David Bray, the elder, purchased of Aristotle Grice, John Thorp Grice, Edward Grice, Thomas Grice, William Fuller, and Charles Barret, or of any other person within that neck, called Barret's-Neck: Also one messuage and plantation, piece or parcel of land, commonly called Hicks's, containing by estimation, one hundred acres,more or less, lying and being in the Parish of Bruton, in the county of York, aforesaid; which was purchased by the said David Bray, the elder, of one Mary Whaley: And all that piece or parcel of land, containing fourteen acres, more or less, which is part of a tract of two hundred and ninety acres, devised to the said Thomas Bray, by his uncle Thomas Bray, deceased, being that parcel of inclosed land, in the occupation of Thomas Jones, gentleman, adjoining to the land of the said John Randolph: And that the said John Randolph should 32. -3 ­ convey to the said Thomas Bray, and his heirs for ever, all that messuage and plantation, piece or parcel of land called Tuttie's-Neck; also all that piece or parcel of land, formerly the land of Angelica Bray, aforesaid; and also all that piece or parcel of land, purchased by the said David Bray, the younger, of Bryan, and his wife, with their and every of their appurtenances: And also release all his right and pretensions, to all the lands, tenements, and hereditaments, with the appurtenances, of which the said David Bray, the elder, was seised in fee, at the time of his death; except what is before mentioned to be conveied to the said John Randolph, as aforesaid.

III. And whereas, by one indenture made the twenty eighth day of May, in the year of our lord, one thousand seven hundred and thirty two, between the said Thomas Bray, of the one part, and the said John Randolph, of the other part, in pursuance of the said agreement, and for the considerations therein mentioned, the said Thomas Bray did give, grant, bargain,and sell unto the said John Randolph, his heirs and assigns, all and singular the said lands, tenements, and hereditaments, with the appurtenances, lying and being in Martin's-Hundred aforesaid, in the county of James-City, aforesaid, which the said David Bray, the elder, purchased of Aristotle Grice, John Thorp Grice, Edward Grice, Thomas Grice, William Fuller, & Charles Barret, or of any other person within that neck, called Barret's-Neck, (in exchange for the said messuage and plantation, piece or parcel of land, called Tuttie's-Neck;) also all that messuage, and plantation, piece or parcel of land, commonly called and known by the name of Hick's, (in exchange for that tract, piece or parcel of land, formerly the land of the said Angelica Bray;) and all that said tract, piece or parcel of inclosed land, in the occupation of the said Thomas Jones, (in exchange for that tract, piece or parcel of land, purchased by the said David Bray, the younger, of the said Bryan, and his wife,) with their and every of their appurtenances, and the revertion and revertions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, possession, claim, and demand whatsoever, of the said Thomas Bray, of, in, and to the premises, with the appurtenances, to have and to hold the premises, with the appurtenances, unto the said John Randolph, his heirs, and assigns, for ever, to the only use and behoof of the said John Randolph, his heirs, and assigns, for ever: And in consideration thereof, and of the sum of five shillings, 33. -4 ­ the said John Randolph did give, grant, bargain, and sell, to the said Thomas Bray, his heirs, and assigns, for ever, all that said messuage and plantation, piece or parcel of land, commonly called and known by the name of Tuttie's-Neck, in exchange for the said land in Martin's-Hundred, and Barret's­Neck; also all that said tract, piece or parcel of land, formerly the land of the said Angelica Bray, in exchange for the said messuage and plantation, piece or parcel of land, called Hicks's; and also all that said tract, piece or parcel of land, purchased by the said David Bray, the younger, of the said Bryan, and his wife, in exchange for that said tract, piece or parcel of inclosed land, in the occupation of the said Thomas Jones, with their and every of their appurtenances, and the revertion and revertions, remainder and remainders, rents, issues, and profits; and all the estate, right, title, interest, property, possession, claim, and demand whatsoever, of him, the said John Randolph, of, in, and to the said premises, with the appurtenances last mentioned, to have and to hold the last mentioned premises, with the appurtenances, to the said Thomas Bray, his heirs, and assigns for ever, to the use of the said Thomas Bray, his heirs, and assigns for ever: And the said Thomas Bray, for himself, his heirs, executors, and administrators, did covenant with the said John Randolph,and his heirs, that the said Thomas Bray, his heirs, and assigns, shall and will stand seised, of the tenements last mentioned, with the appurtenances, to such uses, intents, and for such estates, and remainders, as are expressed in the will of the said David Bray, the elder: And the said John Randolph, did further, by the said indenture, give, grant, bargain, sell, remise, release, quit-claim, and confirm, unto the said Thomas Bray, and his heirs for ever, all and singular the messuages, lands, tenements, and hereditaments, with the appurtenances, whereof the said David Bray, the elder, was seised in his demesne as of fee, at the time of his death, in the actual possession of the said Thomas Bray, except the messuages, lands, and tenements, with the appurtenances before mentioned to be granted, bargained, and sold to the said John Randolph, and the revertion and revertions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, property, claim, and demand whatsoever, of him the said John Randolph, of, in, or to the same, and every part and parcel thereof, to have and hold the tenements, last above mentioned, with the appurtenances, to the said Thomas Bray, his heirs, and assigns for ever, to the only use of the said Thomas Bray, his 34. -5 ­ heirs, and assigns for ever. And the said Thomas Bray, for himself, his heirs, executors, and administrators, did covenant with the said John Randolph, and his heirs, that the said Thomas Bray, and his heirs, shall and will stand seised, of the tenements last above mentioned, with the appurtenances, to such uses; and for such estates and remainders, as are ex­pressed in the will of the said David Bray, the elder, and to no other uses, intents, or purposes whatsoever: And the said John Randolph, the tenements last mentioned, did warrant, against himself, and his heirs, as by the said indenture, relation being thereunto had, more fully and at large may appear.

IV. And whereas, the said Thomas Bray, and John Randolph, have applied to this general assembly, for an act, to confirm and establish the said agreement, having made publication of their design, three Sundays successively, in the churches of the parishes where the premises respectively lie: And forasmuch as the same is very just and reasonable,

V. May it please your most excellent Majesty, For preventing all future disputes between the said Thomas Bray, and John Randolph, and their families, touching the premises, at the humble suit of the said Thomas Bray, and John Randolph, that it may be enacted:

VI. 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 agreement, settlement, and provisos, in the indenture above recited, mentioned between the said parties, be and is hereby confirmed and established, and shall for ever hereafter be valid and binding upon them and their heirs, and all others claiming under the will of the said David Bray, the elder. And that the messuages, plantations, lands, tenements, and hereditaments, with the appurtenances, by the said John Randolph given, granted, bargained, sold, remised, released, and confirmed, to the said Thomas Bray, his heirs, and assigns, as aforesaid shall pass in descent, revertion, and remainder, according to the limitations and estates, mentioned in the last will of the said David Bray, the elder; any thing to the contrary thereof, in any wise, notwithstanding.

35. -6 ­

VII. Saving to the king's most excellent majesty, his heirs, and successors; and to all and every other person and persons, bodies politic and corporate, their respective heirs, and successors, all such right, title, estate, interest, claim, and demand of, in, and to any of the lands before mentioned (other than the persons claiming under the last will and testament of the said David Bray, the elder, or any of them) as they, every, or any of them, should or might claim, if this act had never been made.

VIII. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained.

JOURNALS OF THE HOUSE OF BURGESSES (1724-1734)
p. 228

Wednesday, October 2, 1734

" …
Mr Attorney General reported, That the Persons appointed had, according to Order, enquired, what Lands have been sold by Mr Thomas Bray, by Virtue of an Act of the last Session of Assembly; and how the Money, arising from the Sale thereof, has been applied, or disposed of; and had agreed upon a Report of the Matter, as it appeared to them; which he read in his place, and afterwards delivered the Report in at the Table; where the same was again read, and is as follows, viz.

The Committee having called Mr Bray before them, he exhibited an Account of the Lands sold by him, amounting to Nine Hundred Twenty Two Pounds Eighteen Shillings and Four Pence, which he has actually received; and also an Account of divers Negros, by him purchased, amounting, according to the Prices therein Charged, to Six Hundred Fifty Three Pounds Ten Shillings, Sterling, out of the Monies arising from the Sale of the said Lands; and made Oath, That he had sold no other Lands, nor received any more Money for Lands sold by Virtue. of the said Act; and that the Prices of the Negros, charged in his said Account, were just: And did also acknowledge, That he had not settled one Negro to the Uses of the other Entailed Lands, in the said Act mentioned; and insisted, That Seventy Pounds, by him charged in his said Account, for procuring and passing the said Act, ought to be deducted from the Value of the Slaves, by him to be settled to the Uses of the said other Entail'd Lands.

Resolved, That Mr Attorney General be impowered to exhibit a Bill, in his own Name, and the Names of the surviving Trustees, in the Act of the last Session, intituled, An Act to oblige [enable] Thomas Bray, Gent. to sell certain Entail'd Lands, therein mentioned; and to layout the Purchase Money in Slaves, to be annex'd to other Entail'd Lands, therein also mentioned, which has since receiv'd His Majesty's Assent, to compel the said Thomas Bray to execute the said Act, according to the true Intent and Meaning thereof.

Ordered, That Mr Attorney General do carry the said Resolve to the Council, and desire their Concurrence; and that he also attend the Governor, for his Assent thereto.

JOURNALS OF THE HOUSE OF BURGESSES (1736-1740)
P 330

Wednesday, November 8, 1738

" …
A Petition of Henry Power, and Samuel Cobbs, Trustees appointed by an Act of the General Assembly, passed in the Fifth and Sixth Years of His present Majesty's Reign, to enable Thomas Bray, Gent. to sell certain entailed Lands therein mentioned; and to layout the Purchase Money in Slaves, to be annexed to the other entailed Lands therein also mentioned, was presented to the House, and read; setting forth, That they apprehend the said Thomas Bray has received near the Sum of Two Thousand Pounds for Lands by him sold, by Virtue of the said Act; and that they do not know that any Slaves have been annexed to the other entailed Lands, pursuant thereunto: And praying the Consideration of the House therein.

Ordered, That a Committee be appointed to enquire what Lands have been sold, by Virtue of the said Act, and how much the whole Purchase Money amounts to; and whether any Slaves, and to what Value, have been settled to the Uses of the other entailed Lands, pursuant to the said Act; and that they report the Matter, as it shall appear to them, to the House.

And a Committee was appointed accordingly, of the following Persons: Mr Attorney-General, Mr Randolph, Mr Burwell, Mr Eaton, and Mr Buckner: And they are to have Power to examine Mr Bray, in the most solemn Manner, and to send for Persons, Papers, and Records, for their In[for]mation."

JOURNALS OF THE HOUSE OF BURGESSES (1736-1740)
p. 395

Friday, May 23, 1740

" …
Mr Attorney-General moved for Leave to present a Petition of James Bray, Gentleman, Son and Heir Apparent of Thomas Bray, Gentleman: Which was received by the House, and read; setting forth, That by an Act passed in the Fifth and Sixth Years of His present Majesty's Reign, intituled, An Act, to enable Thomas Bray, Gentleman, to sell certain entailed Lands therein mentioned, and to lay out the Purchase Money in Slaves, to be annexed to other entailed Lands therein also mentioned. The said Thomas Bray is impowered to sell certain entailed Lands, to the Value of Two Thousand Pounds Sterling; and is directed to layout the Purchase Money in Slaves, to be annexed to other entailed Lands, in the said Act mentioned.

That upon Application made to this House, at the last Session of Assembly, a Committee was appointed to enquire what Lands the said Thomas Bray had sold, by Virtue of the said Act, and what Slaves has been settled by him, and annexed to the said other entailed Lands, pursuant to the said Act. Which Committee made a Report, That the said Thomas Bray had sold Lands, to the Value of Fifteen Hundred Twenty One Pounds Eighteen Shillings and Four Pence Sterling; and had annexed Slaves to the other entailed Lands, of the Value of Eight Hundred Twelve Pounds Thirteen Shillings and Four Pence Sterling: And that he had expended, in the Execution of the said Act, Seventy Pounds Sterling: And that there remained in his Hands, Six Hundred Thirty Nine Pounds Five Shillings Sterling; which ought to have been laid out in Slaves, and annexed to the entailed Lands, in the said Act mentioned. And thereupon, this House was pleased to come to a Resolution, That unless the said Thomas Bray should annex Slaves to the said entailed Lands, to the Value of Six Hundred Thirty Nine Pounds Five Shillings Sterling, before the Last Day of August then next, Mr Attorney­General should exhibit a Bill against him, to compel him to execute the said Act.

That the said Thomas Bray had not, since the last Session of Assembly, annexed any Slaves whatsoever to the said entailed Lands, to the Knowledge of the said James Bray: And a Bill in Chancery is exhibited against him in the General Court, by Mr Attorney­General, in order to compel him to execute the said Act, pursuant 39. to the Resolution before mentioned; but the said Thomas Bray hath not, as yet, put in any Answer to the said Bill.

That the said Thomas Bray, since the last Session, had sold more of the said entailed Lands, by Virtue of the said Act; but had not laid out the Purchase Money in Slaves, and annexed the same, as the said Act directs; but had converted the said Purchase Money, as well as the said Six Hundred Thirty Nine Pounds Five Shillings, to his own Use, to the great Damage of the said James Bray, and all Others, having any Estate in Remainder in the said entailed Lands. And praying the Consideration of the House in the Premises; and that the said Thomas Bray might be restrained from selling any more of the said entailed Lands, until he should annex Slaves t.o the Value of the Lands already sold by him. Whereupon, it was

Ordered, That a Committee be appointed to enquire into the Allegations of the said Petition; and that Mr Thomas Bray attend the said Committee, and lay before them, an Account of the Slaves annexed by him to any of the said entailed Lands, since the last Session of Assembly; and also an Account of the Lands sold by him, since the said Session; and for what Consideration. And that the Committee report the Matter, as it appears t.o them, to this House. And it is accordingly referred to

Mr Attorney,	Mr Willis, and
Mr Fitzhugh,	Mr Richard Randolph."

WALLER

Source: Waller Collection, CWI (Microfilm) from original ms.

[Article of Agreement December 1743 between Mann Page and Benj. Waller]

ARTICLES OF AGREEMENT Indented made and concluded upon this Thirteenth Day of December in the year of our Lord One thousand seven hundred and forty three BETWEEN Mann Page of County of Gloucester Gent of the one Part and Benjamin Waller of the City of Williamsburgh Gent. of the other Part WITNESS That Whereas Mann Page late of the said commy of Gloucester Esq. deced was in his Lifetime seized of the Reversion in Fee simple Expectant upon the Death of Elizabeth Brayl Widow deced of certain Lands adjoining the City of Williamsburgh on the East West and North sides thereof containing by Estimation seven hundred & forty five Acres be the same more or less And also of two hundred Acres of Land by him purchased of the said Elizabeth adjoining the said other Lands on the East Side of the said City and by his Last Will & Testament did devise there said Reversionary Lands to his Son Carter Page in Fee Tail And Whereas the said Carter Page is since dead without Issue and the said Mann Page Party to these Presents now claims the said last mentioned Lands as next in Remainder to the said Carter and the said Two hundred Acres of Land as Heir to Mann Page Esq deced his Father and being minded to sell the said Lands in Order to Discharge the Debts of his said Father and the Legacies given by his Will Hath agreed with the said Benjamin Waller to convey the same in Fee Simple to him for the Consideration of Twenty shillings sterling for every Acre thereof one Half of the said Money to be paid when the said Benjamin Waller shall be put in Possession and the other half when the said Mann shall obtain an Act of Assembly with the Kings Assent thereto to enable him to make such Conveyance In Pursuance of which said Agreement the said Benjamin Waller hath paid unto the said Mann Page one Moiety of the said Consideration being Three hundred & seventy two Pounds ten Shillings sterling And the said Mann Page hath put him into the Actual Possession of the said Lands Now the said Mann Page for himself his Heirs Executors and Admors Doth hereby covenant and grant to and with the said Benjamin Waller his Heirs and Assigns That he the said Mann Page shall and will at the next session of Assembly Use his utmost Endeavours to obtain an Act of 41. Assembly to enable him to sell and convey the said Lands in Fee Simple And will also endeavour as soon as conveniently may be to obtain the Kings Assent thereto at his own proper Costs & Charges And that if the same shall be obtained That he the said Mann Page and his Heirs will at the Reasonable Request and Costs in the Law of the said Benjamin Waller his Heirs or Assigns Execute by Deliver unto the said Benjamin Waller his Heirs & Assigns good and sufficient Deed or Deeds in Law for conveying and assuring to him or them the Fee simple Estate of the said Lands with the Appurtenances And That in case the said Act of Assembly and the Kings Assent thereto cannot be obtained That he (the said) Mann Page his Heirs Execrs or Admors shall and will repay unto the said Benjamin Waller his Heirs or Assigns the said sum of Three hundred & seventy two Pounds ten shillings sterling at his or their reasonable Request and quitting the Possession aforesaid And the said Benjamin Waller for himself his Heirs Executors & Administrators Doth Covenant and grant to and with the said Mann Page his Heirs and Assigns That when the said Mann Page shall execute and deliver the Conveyance aforesaid according to the true Intent and Meaning of these Presents That he the said Benjamin Waller his Heirs Exors and Admors shall and will pay unto the said Mann Page his Heirs or Assigns the further Sum of Three hundred & seventy two Pounds ten Shillings Sterling being the full consideration for the Lands and Appurtenances aforesaid And that if the said Act of Assembly or the Kings Assent cannot be obtained That the said Benjamin his Heirs and Assigns as soon as the Crop on the Ground if any shall be finished will quit and give up unto the said Mann Page and his Heirs the Possession of the Lands and Appurts aforesaid And That he the said Benjamin his Heirs or Assigns shall not sell any Wood or Timber or commit any wilful Waste on the Premises until it can be known whether the said Act and Assent can be obtained To the true Performance of which Covenants the said Parties to these Presents do hereby bind themselves their Heirs Execrs & Admors each to the other in the Penalty of One Thousand Pounds sterling IN WITNESS whereof the said Parties to these Presents have hereunto interchangeably set their Hands and affixed their Seals the Day and Year first within written
Ben Waller

Sealed and Delivered in Presence of

Henry Potter	Page
Philip Finch	Int & Art of Agreement
Wil Prentis	Waller

[Passed by Burgesses Oct 3, 1744]

M-284
British Museum MS
Add. MS 36, 218, p. 138-143 [1752]

Lewis Burwell & Frances, his wife Appellants, vs. Philip & Elizabeth Johnson, respondents re settlement of slaves of James Bray's estate:

"APPELLANTS
The DEPOSITIONS and EXHIBITS taken and returned, in a Suit formerly depending in this Court, between Thomas Bray Plaintiff, and the Executors of James Bray deceased, Defendents, read in Evidence by Consent of the Parties in the above Cause

February 6 AUGUSTINE BROWN, aged Thirty-two Years, or thereabouts, being sworn, deposeth and saith, That Benjamin Tureman and John Green (who were Overseers to James Bray deceased, at Utopia and Tutty's Neck) told this Deponent, That the Waggon and six Steers (which this Deponent knew to be gone out in the Night) was loaded with China and Furniture, enough to furnish a Room, and were carried to the White Marsh, or Cappahosick Ferry, in order to be carried to Colonel Thacker's in Middlesex, soon after the Death of the said James Bray, and before the Outcry. That the said Benjamin Tureman and John Green told this Deponent, that the Defendant Frances Burwell gave to each of them a Suit of good Clothes, which he knew to be the wearing Clothes of the said James Bray; and that one was broad Cloath, and the other a German Serge; That the said Frances (as this Deponent was also told by the said Green) gave to the said Green several old Chairs that were thrown by, before Mr. Bray died and some Cotton and Holland Waistcoats and Shirts half worn: That there was about thirteen or fourteen Bushels of Wheat, that was lost and destroyed by the Weasels getting into it, before the Death of the said James Bray: That about four or five Days before the Time of the Death of the said James Bray, he the Deponent was in his Cellar, and saw the Cyder Casks all tight; and soon after his Death, the Deponent saw several Pieces of Casks of Cyder in the Cellar, which leaked out; and that the said Green told this Deponent, that Colonel Carter Burwell gave a Cask of Cyder among the Overseers, of which this Deponent was to have Part; but being sick, had no more than four Bottles; and Mrs. Bray sent to this Deponent an old Coat and two Pair of old Breeches, when he was sick: That there were two Negroes named Jeremiah and Sarah, that waited on Mrs. Bray, which were always reputed in the Family 43. to have come by the said James Bray's Wife, and were always thought to be and called Mr. James Bray's Negroes; which said Negroes were carried away, and by the Order of Colonel Thacker, as this Deponent has heard, and further saith not—Augustine Brown A his Mark.

ELLYSON ARMISTEAD, aged about Forty-four Years, being first sworn, deposeth and saith, That he this Deponent was well acquainted with James Bray, late of the County of James City, Gentleman deceased; and that he this Deponent apprehended the Slaves, of which the said James Bray died possessed, were entailed, because this Deponent believes the said James Bray would have given a greater Legacy to the Son of this Deponent, than he did by his Will, if the said Slaves had not been entailed. This Deponent further saith, That he believes the Neighbours of the said James Bray did believe the said Slaves were entailed, but this Deponent doth not remember to have heard any of the said Neighbours declare such their Opinion, or the Reasons thereof.

DAME Susannah Randolph being first sworn, deposeth and saith, That she this Deponent was at the House of James Bray, the Day on Which he died; and observing the said James Bray to be very uneasy, asked the said James Bray what occasioned his Uneasiness; who said that it was his Wife who caused his Uneasiness: That this Deponent told the said James Bray, that his Wife was well provided for; but the said James Bray answered, No, she had not half enough: That he had given her all he could, and wished it was ten Times more; but this Deponent did not hear the said James Bray mention his Negroes at that Time; and this Deponent further saith, That she hath seen Plate at the House of the said James Bray, but that the same was of inconsiderable Value.

ELIZABETH SMITH,of full Age, being first sworn, deposeth and saith, That after the Death of this Deponent's Father, who was the Grandfather of James Bray, she this Deponent went to Mr. Holloway, and consulted him on the Will of her said Father, who told her that the Lands and Slaves given in the said Will were firmly entailed; and that if James Bray died without an Heir-male, the Estate would come to the Plaintiff Thomas Bray: That the said James Bray often told this Deponent, that if he should not have a Son, it would make well for his Sister Betty, and his Estate would go to her: That Colonel Thacker the Father of James Bray's Wife told this Deponent the said James Bray was much in Debt, and obliged to set about making Bricks, in order to raise money to pay his Debts, for that he could not dispose of his Estate: That this Deponent knew the Plate belonging to said James Bray, and that the same was of small Value.

44.

GRISSEL HAY, of full Age, being first sworn, deposeth and saith, That Mr. Thacker, the Father of Mr. James Bray's Wife, desired this Deponent to inform the Plaintiff, or this Deponent's Son, who married the said Plaintiff's Daughter, that the Widow of Mr. Bray was willing to take 500 [£]. for her Right of Dower of her Husband's Estate, for that the said Mrs. Bray wanted to have nothing to do with the Brays: That the said Thacker told this Deponent, as the said James Bray's Estate was entailed, he thought it was the best Way for the said Mrs. Bray to accept the said 500 [£]. That this Deponent's Son, Philip Johnson, in a Conversation with the said Thacker at this Deponent's House, about giving the said 500 [£]. objected that an Agreement with him would not be binding on Mrs. Bray, the Widow of the said James Bray, and the said Thacker told the said Philip, that it was by Desire of his Daughter Mrs. Bray that he made the Proposal aforesaid.

BENJAMIN WALLER, aged 34 Years, being first sworn, deposeth and saith, That he was very well acquainted with James Bray deceased, and believes he always understood that his Slaves were entailed; for he remembers that the said James applied to this Deponent, and asked him this Deponent, Whether he could suffer a Judgment to go against him for some of his Debts, and let the Sheriff serve an Execution upon his Slaves, which he said were entailed, particularly, upon some of his old Slaves which were of little Use to him? And that this Deponent has often had Discourses with the said James Bray, about the Slaves that he had from his Grandfather, and by them understood, that the said James looked upon the said Slaves to be entailed: That this Deponent did also think that the Slaves were entailed, and told the said James that he might suffer such Judgment to go against him, but must take Care to keep his Cattle and other personal Estate out of the Way; for the Sheriff could not levy an Execution on the Slaves, if he could find other personal Estate sufficient: That he always thought the said James a fond, affectionate Husband.

PETER HAY, aged 40 Years, being first sworn, deposeth and saith, That he remembers in the General Court after the Death of the said James Bray, Colonel Edwin Thacker, Father of Mrs. Bray, (the Widow of said James) was at his House, and offered to Philip Johnson to give up all his said Daughter's Claim to the Estate of said James Bray for 500 [£]. That said Philip objected, that said Thacker could not make such Agreement: To which said Thacker, answered, that his said Daughter was very willing to have it so: That this Deponent mentioned to said Thacker, that he thought it too little for her Dower, as it would bring an Hundred a-Year; and the said Thacker said he did not like the Family, and was willing to get rid of it as soon as he could.

1744, Decem. 26.
A Letter from one Executor to Thomas Bray to take the Negroes. SIR,—December 26th 1744—This is to let you know, that as an Executor to Mr. Bray, I do not pretend to have any Thing more to do with the Negroes; and therefore desire you will send some Person to receive them; but must beg the Favour of you to let the Things remain in the Cellar at Little Town, till they are sold.—I am your humble Servant—Carter Burwell—To Colonel Bray, at Williamsburgh.

1744, Decem.26.
A Letter from another Executor to Thomas Bray to receive the Negroes. SIR,—We desire you'd please to let us know, whether we shall send the Negroes to you, or whether you will send any Person to receive them; the Negroes from King William are come down to Little Town; the rest of them are upon the several Plantations where they were employed by your Son Mr. James Bray deceased; and that we are not to be charged with them any longer.—We are your humble Servants—Edwin Thacker.—December 26th 1744.—To Colonel Bray.

Statutes at Large, William Waller Hening, Richmond (1819), vol. VI, pp. 412-416.

[1753]

An Act for establishing an agreement made between Philip Johnson, and William Armistead, gentlemen.

WHEREAS David Bray the elder, late of the parish of Wilmington, in the county of James City, gentleman, deceased, in his lifetime, and at the time of his death, was seised in fee-simple, of, and in four lots of land in the city of Williamsburg, and several tracts or parcels of land, in the said county of James City, containing by estimation nine hundred and fifty acres, or thereabouts, and of, and in another tract or parcel lying the county of Charles-City, containing by estimation, eighteen hundred and fifty acres or thereabouts, known by the name of Nance's-Neck; and being so seised, by his last will and testament in writing, bearing date the twenty first day of October, one thousand seven hundred and seventeen, devised all his lands to David Bray his son, and declared his will and meaning to be, that if his said son David should live till he came to the age of twenty one years, and should not have issue of his body lawfully begotten,he should not sell or dispose of any of the said lands, until he had such issue; but if he should live to have such issue of his body, and attain the age of twenty one years, if both the things should happen, he gave his said son all his lands to him and his heirs forever; but in case he should die, before he had lawful issue, he gave all his said lands to his brother James Bray, and the heirs male of his body lawfully begotten, and in default of such issue, declared his will to be, that his said lands should be equally divided between the heirs of his said brother James Bray, and the lawful heir of his late deceased sister, Ann Ingles, late wife of Mungo Ingles, as by the said will, recorded in the court of the said county of James-City, may, among other things appear. And after the death of the said David Bray the father, the said David Bray the son, entered into the said lands, and died seised thereof, without issue of his body; and the said testator's brother James Bray in the said will named died, leaving issue Thomas Bray, the eldest son, and heir male of his body, who after the death of the said David Bray the son, entered into the said lands, and died seised thereof, without heir male of his body, leaving a daughter named Elizabeth, then and now the wife of Philip Johnson, of the county of King and Queen, gentleman, having first made his last will and testament in writing, bearing date the seventh day of May, one thousand seven hundred and fifty one, and thereby devised the remainder in fee-simple, of one moiety of the said lands to Benjamin Waller, and William Prentis, gentleman, in trust, to, and for several uses in the said will 47. -2 ­ mentioned, as by the said will remaining of record, in the court of the said county of James City, may among other things appear. And whereas one Judith Bray Ingles, was heir at law of the said Ann Ingles, the sister of the said David Bray the father, and named in his will, and is intitled to the other moiety of the said lands, and hath lately married one William Armistead, gent. And whereas at a general court, held at the court-house in Williamsburg, the eleventh day of October one thousand seven hundred and fifty two, in a suit in chancery, between the said Philip Johnson, plaintiff, and the said Benjamin Waller, and William Prentis, defendants, it was decreed and ordered by the said court, that the said Benjamin Waller, and William Prentis, should convey unto John Robinson, esquire, all the lands and slaves devised to them by the said Thomas Bray, to hold to the said John Robinson, his heirs and assigns, in trust, as to one moiety thereof, to, and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, to, and for the use of such child, or children, as the said Philip then had, or might thereafter have by the above-named Elizabeth, his wife, to whom he should give or devise the same; by his deed, will, or other instrument in writing, duly made and executed, and to his, her or their heirs and assigns forever; subject nevertheless, to the dower of the said Elizabeth therein; and as to the other moiety in trust, to and for the use of the said Philip Johnson, his heirs and assigns forever, in case he shall pay unto such child or children, of him and the said Elizabeth, all and every such sum and sums of money, as the said Elizabeth, notwithstanding her coverture, shall by any deed or instsument, [sic] duly executed by her, give, direct and appoint, according to a proviso and his covenant, contained in a certain indenture of release: But in case the said Philip Johnson, shall not pay such sum of money, then in trust, to and for the use of such child or children aforesaid, to whom the said Elizabeth, by such deed or instrument in writing, shall give, direct and appoint the same: And in case the said Elizabeth, shall execute no such deed or instrument, then in trust to and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, and to, and for the use of such child or children as the said Philip Johnson then had or might thereafter have by the said Elizabeth, to whom he shall give or devise the same, by his deed or will as aforesaid, and to the heirs and assigns of such child or children forever; subject nevertheless to the dower of the said Elizabeth, therein, as by the record and proceedings of the said suit in chancery, remaining in the general court aforesaid 48. -3 ­ may among other things appear: And the said Benjamin Waller, and William Prentis, have accordingly conveyed to the said John Robinson, and his heirs, the said lands and slaves in trust, and to, and for the several uses in the said decree mentioned. And whereas in the case partition shall be made of the said lands, between the said Philip Johnson and Elizabeth his wife, the said William Armistead and Judith Bray, his wife, the value of the said lands will be considerably diminished, and it will be more beneficial to all parties claiming the same, if they shall remain entire; and the said Philip Johnson, and William Armistead, have agreed, that all the said tract of land known by the name of Nance's neck, with the appurtenances, and two of the said lots of land, adjoining the lots of Dudley Digges, gentleman, and James Spiers, in Francis-street, in the said city, shall be vested in the said William Armistead, and Judith Bray his wife, and the heirs of the said Judith Bray; to hold to them in the same manner, and for the same estate, as they would have had and held the moiety thereof, if this act had not been made: And that the other two lots of land lying in the said street, between the lots of Benjamin Harrison, gentleman, and the said Benjamin Waller, and all the said tracts or parcels of land in the county of James City aforesaid, with the appurtenances, shall be vested in the said John Robinson, to hold to him, his heirs and assigns in trust, and to and for the same uses, and in the same manner, as the said John Robinson and his heirs would have had and held one moiety thereof, if this act had not been made: And that the said William Armistead shall pay to the said John Robinson the sum of three hundred and ninety pounds, the value of one moiety of the said tract of land, known by the name of Nance's-neck, more than the value of the said tracts or parcels of land in the said county of James-City, to be laid out by the said John Robinson in purchasing slaves, to be held by him in trust, to and for the same uses, and in the same manner, as the lands and slaves conveyed to him by the said Benjamin Waller and William Prentiss, as aforesaid, which agreement the said Judith Bray, the wife of the said William Armistead, and the said Elizabeth, the wife of the said Philip Johnson, are willing to have confirmed.

II. BE it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the agreement above mentioned between the said parties, be, and is hereby confirmed and established, and shall forever hereafter 49. -4 ­ be valid and binding between them and their heirs, and all others claiming under them. And that all the aforesaid tract of land, known by the name of Nance's neck, and every part thereof with the appurtenances, and the said two lots of land adjoining the lots of the said Dudley Digges and James Spiers, shall be, and the same are hereby vested in, and shall be held, possessed and enjoyed by the said William Armistead, and Judith Bray his wife, and her heirs, and they shall be seised thereof in the same manner, and of and in the same estate, as they would have had, held, and been seised of, in the one moiety thereof, if this act had not been made. And that all the aforesaid tracts or parcels of lands, in the said county of James City, with the appurtenances, and the said two lots of land, lying between the lots of the said Benjamin Harrison, and Benjamin Waller, shall be, and the same are hereby vested in, and shall be held by the said John Robinson, his heirs and assigns, and he, and they shall be seised of the same, in the same manner, and of, and in the same estate, and in trust, and to, and for the same uses as the lands and slaves conveyed to him the said John Robinson, by the said Benjamin Waller, and William Prentis as aforesaid; and that the said John Robinson, his heirs, executors, and administrators, after the above mentioned three hundred and ninety pounds shall be paid to him or them, shall layout the same in purchasing slaves, and the said John Robinson, his heirs, executors, and administrators, shall hold and be possessed of such slaves so to be purchased, in trust, and to, and for the same uses as the lands and slaves conveyed to him by the said Benjamin Waller, and William Prentis, as aforesaid, a list of the names of which slaves shall be, by the said John Robinson, returned to the court of the said county of James City, there to be recorded.

III. Saving to the king's most excellent majesty, his heirs and successors, and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim, and demand, of, in, or to either of the above mentioned tracts of land, other than the persons claiming under the said Judith Bray, the wife of the said William Armistead, and the last will and testament of the above named Thomas Bray, or either of them, as they, every, or any of them should or might claim, if this act had not been made.

Statutes at Large, William Waller Hening, Richmond (1819), vol. VI, pp. 412-416.

Legislative Journals of the Council of COlonial Virginia, Vol. III, p. 1196

Wednesday, October 11th 1758

A Message from the House of Burgesses by Mr Lewis Burwell, that they had passed a Bill intituled An Act for vesting certain Lands therein mention in Philip Johnson Gent. adding the same to the City of Williamsburg, and for other Purposes therein mentioned, to which they desired the Concurrence of the Council.

Which Bill was read the first Time, and the Parties attending to prove the Allegations, was order'd to be read a second Time immediately—Read accordingly a second Time, and the Allegations being proved to the Satisfaction of the Council, was order'd to be read a third Time immediately—Read accordingly a third Time.

Resolved
That the said Bill be agreed to.

PRO/PC 2/109 [Reel not in yet]
SR: 6111
pp 130-135

Council Chamber Privy Council 16 March 1762

[Report of the Committee at length on the appeal of Lewis Burwell and Frances, his wife, pursuant to Order in Council of April 1759. Frances, his wife, having been formerly the widow of James Bray and one of the Executors of sole residuary legatee devisee of her former husband, decd.

On 10 October 1751 the petitioners filed their Bill of Complaint in Virginia against Carter Burwell, an executor of James Bray, the grandson, and Philip Johnson and Elizabeth, his wife.

In 1762 on 3 April the Committee approved the decree of the General Court of Virginia of date April 11, 1758. Appeal should be affirmed. Lewis Burwell and Frances had asked for the reversal of the General Court decree.]

Journals of the House of Burgesses of Virginia 1766-1769, p. 279

Wednesday, the 22nd of November, 10 Geo. III. 1769.

…
A Petition of Philip Johnson, Gentleman, was presented to the House, and read; setting forth, that under the Last Will and Testament of Thomas Bray, Gentleman, deceased, and a decree of the General Court, and several Conveyances executed pursuant thereto, the Petitioner is seized, for the Term of his natural Life, of and in a Dwelling-House, and Three Hundred and Twelve Acres of Land, adjoining the City of Williamsburg, of a Moiety of four Lots or half Acres of Land, lying in the said City, and of a Tract of Land called Tutty's Neck, lying in the County of James City, and containing Six Hundred Acres, together with several Slaves; of which Lands and Slaves, charged with the Payment of Five Hundred Pounds to the Petitioner's Daughter Elizabeth, he hath Power to dispose to and among his younger Children by his late Wife Elizabeth, the Daughter of the said Thomas Bray; and that having six of such younger Children, some of whom will soon have Occasion of some Provision, if the Petitioner should be obliged to make a Partition of the said Lands and Lots among them, the Whole would be rendered by such minute Divisions of much less Value than it now is, and it would be for their Interest, as well as his, that the said Lands and Lots should be sold, and the Money placed in the Hands of Trustees, who may, in the first Place, pay the said Five Hundred Pounds to the Daughter Elizabeth, when payable, and the Interest of the Surplus to the Petitioner's Trustees, during his Life, and the Principal, at his Death, to his younger Children, as he shall appoint, pursuant to his Power aforesaid; and therefore praying that an Act may pass for that Purpose, under such Regulations as to the House shall seem proper.

Ordered, That Leave be given to bring in a Bill pursuant to the Prayer of the said Petition; and that Mr Edmund Pendleton and Mr Treasurer do prepare and bring in the same.

Journals of the House of Burgesses of Virginia 1770-1772, p. 8

Tuesday, the 22d of May, 10 Geo. III. 1770

…
Mr Edmund Pendleton reported, from the Committee to whom the Bill to vest certain Lands, whereof John Robinson, Esquire, died seized, in Trust for Philip Johnson, Gentleman, and his Children, in Trustees, for the Purposes therein mentioned, was committed, that the Committee has examined the Allegations of the Bill, and found the same to be true, and that the Committee had gone through the Bill, and made an Amendment thereunto, which they had directed him to report to the House, and he read the Report in his Place, and afterwards delivered the Bill, with the Amendment, in at the Clerk's Table; where the Amendment was twice read, and, upon the Question put thereupon, was agreed to by the House.

Ordered, That the Bill, with the Amendment, be ingrossed

.

Thursday May 31st 1770.

Present

AS YESTERDAY
The Bill intituled An Act to vest certain lands whereof John Robinson Esquire died seized in trust for Philip Johnson Gentleman and his Children in Trustees for the purposes therein mentioned, was read, a second time, and the Allegations being proved to the Satisfaction of the Council, and Certificates produced of the publications of Notice it was ordered that the said Bill be read a third time immediately.

The said Bill was accordingly read a third time.
Resolved,
That the said Bill be agreed to.

In 1814 held only 400 A.

In 1816 50 A. to Gideon Ratcliffe