578 Appendix.

Session
Laws

Thousand Six hundred & ninety Seven made his Last will and
Testament in writeing and among other things therein Contained
made the following Devise, Item I give & bequeath unto my Daughter
Jane Doyne to her and to her heirs of her Bodv Lawfully Begotten
for Ever three hundred and Sixteen acres of Land being above the
Head of Piscadaway Creek in the woods in Prince Georges County
which I purchased of Major John Wheeler as bv the said will proved
and remaining in the Prerogitive Office may appear which said Tract
of Land is Called Exeeter and in a short time thereafter Departed
this Life after whose death the said Henry Wharton, Intermarried
the said Jane by whom the said Henry has Issue. Two sons and Six

p. 382

Daughters & whereas the said Land Devised as aforesaid is Intituled
on the heirs of the Body of the said Jane and that the said Henry
and his wife Cannott Sell and Dispose of the Same and that the said
Land is remote from their habitation which render it Inconvenient
and of Little or no Service to them and Whereas the said Henry
Wharton by his Petition to this Generall Assembly has set forth that
he is possest of a Tract of Rich fine Land in S^t Marys County his now
Dwelling Plantation Called Notly Hall Alias Mannahoick Neck Con-
taining Six hundred Acres and that for the payment of his Creditors
will be obliged to sell part of his said Dwelling Plantation which will
be a greater prejudice to the heirs of the Body of the said Jane than
if the aforesaid Entailed Land Were to be sold and that he is willing
to Entaile an Equall Quantity of the aforesaid Tract of Land Called
Notley Hall Alias Mannahoick Neck on the Heirs of the said Jane
in the Same Mannor as Devised by the said Will and whereas the
truth of the Premisses is Sufficiently made appear to this Present
Generall Assembly it is therefore prayed that it may be Enacted
And be it Enacted by the Right Honourable the Lord Prop^ry by and
with the Advice and Consent of his Lordships Governour & the Upper
and Lower Houses of Assembly & the Authority of the Same that
the said Henry Wharton and his wife Jane be hereby Invested with
an Absolute Estate of Inheritance in Fee Simple to them & their heirs
for ever in the said Tract of Land Called Exeter and be thereby
Enabled to Convey an absolute Estate of Inheritance in Fee Simple
thereof to any purchaser or purchasers their heirs and Assigns & that
the same by virtue hereof be and remain in absolute Estate of Inher-
itance to the purchaser or purchasers their heirs and Assigns in as
full & ample manner as if the said Lands had been Devised to the
said Jane & her heirs for Ever by the will of the said Joshua Doyne
the Devisor without any Limitation of Estate therein. Provided
that the said Henry Wharton and Jane his wife do and shall within
three months after the End of this present session of Assembly make
and Execute sufficient Deeds & Conveyances in Law with Generall
Warranty for the Conveying and Settling three hundred Sixteen
Acres of the said Land Called Notley Hall Alias Mannahoick Neck