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Lambert's Lessee v. Paine U.S. 97 (1805)

handle is hein.slavery/ussccases0035 and id is 1 raw text is: FEBRUARY, 1805. LAMBERT'S LESSEE v. PAINE. LANszwT's V. THIS was an ejectment brought in the circu court of A de'se of the United Staues, for the middle circuit in the Virginia all tAt atore district ; in which John Doe, a subject of the king of roxb~c. in Great Britain, residing without the state of Virginia. lt- the county of see of John Lambert, another subject of the king- of Great Henry, con- tainiztg ls cs- ,Britain, complains of Richard Roe, a citizen 6f Virginia, tiain, ,585 residing woithin the said state, and claims possession eif acresoflwid, a messuage and tenement containing 166 acres of land in carmesthefee. O-titre, whe- the county of Henry, being part of a tract of lhnd called thtra Wltish Marrowbone. subject, bor in Enghlnd, in The jury found the following special verdict, viz. thc )ct1750, That George Harmer, being se'ized in fee of the lands and who al. ways resided in the declaration mentioned, on the 2z5th of June, 1782, in 'England, made a paper-writing . purporting to b: his last will and could, in thb testament, all written with his proper hand, and signed year 1786, take and hold by him ; which will we find in these words: In the lands in Vir. name of God, Amen. I George Harmer, of the common- ginia by de. wealth of Virginia, being perfectly well and of sounq scent, or by mind and memory, do make and ordain my last will and devise . testament, in manner and form following, that is to sixv, all the estate, both, real and personal, that I possess or am entitled to, in the commonwealth of Virginia, I hit-rby give and devise unto my'friend, Thomas Mlann Ran- dolph, of Tuckabo, and Henry Tazewell, *of the city of Williamsburgh, in trust, upon these condiions, that when John Harmer, mv brother, now a subject of the king of Grea. Britain, shall be capable of acquiring pro- perty in this country, that they, or the survivor of them, do convey, or cause to be conveyed to him in fee simple, a good and iiidefeasible title in the said estate; and in case the said John Harmer should not be capable of ac- quiring such right before his death, then that my said trustees, or the survivor of them, do couvey the said estate hn manner aforesaid, to John Lambert, son of my sister, Hannah Lambert, when he shall be capable of ac- quiring property in this country ; and in case John Lam- bert should not, before his death, be capable of a, quiring a title to the said estate, then I direct the same to be con- Vol. I. 0

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