568 Assembly Proceedings, July 11-August 8, 1732.

Session
Laws
Chap. XVI
P SO
[Repeals
1724, ch. 15]

An Act to Repeal an Act Intituled an Act for the Relief of the Dev-
isees of James Philips the Elder and Anthony Philips late of
Baltimore County Deced

Whereas it was Represented to the Assembly held in the month of
October Seventeen hundred and Twenty four that James Philips
the Elder late of Baltimore County Deced made and Duly executed
his last Will and Testament in Writing and thereby Devised and
Bequeathed his real and Personal Estate to his four Children Viz.
James Philips his eldest son Anthony Philips Mary and Martha his
Daughters in manner and form following Viz. unto his Eldest son
James Philips all his Tracts of Land at Gunpowder River called
Philips Islands with the Stock and Improvements thereunto belonging
and all the residue of his Lands he Devised and Bequeathed unto his
Sons James and Anthony to be divided equally between them Except
Four Hundred Acres to be equally Divided betwixt the Daughters
Mary and Martha and all his personal Estate except Stock on Philips's
Islands to be equally Divided amongst his said four Children and
Appointed his Eldest Son James to be Executor And it was further
represented that the Testator intended that all his Children should

p. 51

have Estates of Inheritance in the severall parcells of Land Devised
to them which last Will was then represented either to have been lost
or purposely Destroyed and by that means the Intentions of the Tes-
tator Frustrated and the Devisees without Remedy without the Aid of
the then Assembly the said James Philips the son claiming all his
Fathers real Estate by Descent as Heir at Law of his Father and
that the said Anthony Philips in his life time by his last Will and
Testament in Writing duely Executed gave and Devised severall
parcells of Land which he claimed by Virtue of his Fathers Will to
several persons which his the said Anthony's Devisees were in Danger
of being Defeated of by the Loss or Destruction of the said Will
Whereupon it was then Enacted by an Act Intituled an Act for the
Relief of the Devisees of James Philips the Elder and Anthony Philips
late of Baltimore County Deced That the real Estate of the said James
Philips the Elder except Philips's Island and Four hundred acres of
his other Lands should be deemed the Estate of Inheritance in fee
Simple of the said James Philips the Son and Anthony Philips their
Heirs and Devisees or of others having their Estates as if the last
Will and Testament of the said James Philips the Elder had been
Subscribed in the presence of three Credible Witnesses duely proved
and recorded And that the said Lands were thereby expressly Devised
to the said James and Anthony to be equall Divided between them
and their Heirs for ever And it was further Enacted that the said
Mary Philips now Mary Smithers then Wife of Richard Smithers
lately Deceased and Martha Philips then and now Martha Paca
widow and Relict of Aquilla Paca Deced and their Heirs and