242 Assembly Proceedings, 1694-1728.

Liber LL, 4
Acts

bequeath and to his heirs and assignes for Ever Freely revoaking all
former wills and this to be my Last will and Testament As Wittness
my hand and Seale this fifth day of January Sixteen hundred ninety
and three which said will was Subscribed and Sealed with the

p. 402

Proper Seale of the said Elizabeth Deveghe and wittnessed by
James Maxwell, Robert Oulas and John Debruler, as by the same
will proved in Common forme by the af^d Evidences before Thomas
Stalley one of the Deputy Commissarys of Bal^t County the thirtyeth
day of July Sixteen hundred ninety and four and Remaining of
Record in the Commissarys office of this Province may more at Large
Appear.
And whereas it appears to this Generall Assembly that the said
Elizabeth Deveagh at the time of makeing of the said will was
Marryed to and under the Coverature of John Devegh in the said
will menconed and also that it was her Reall and full Intent and
Meaning that the said John Devegh his heirs and Assis, should
have all her Reall Estate from and after her Decease, and that she
was willing to secure the Same to him in due form of Law but wanted
an Oppertunity and proper advice so to doe Otherwise then by the
said will, and for as much as it may be disputed whether the said
Elizabeth Devegh being a feme Covert Could make a will in favour
of her said husband for Remedy whereof.
Be it Enacted by the R^t Honourable the Lord Prop^ry by and with
the advice and Consent of his Lordships Governeur and the upper
and Lower houses of Assembly of this province and by the Authority
of the Same That att all times hereafter the said Jn^o Devegh his heirs
and Assis, and all persons Claiming by from or under him or them
or any of them shall and may by Vertue of the said will have hold and
Enjoy all and Singular the Reall Estate whereof the said Elizabeth
Devegh dyed Seized of in fee simple or intituled unto in as full Ample
& Beneficiall a manner as if the said Last will and Testament had
been made by the said Elizabeth Devegh when a feme sole or had she
dyed unmarried, any Law or Statute or Useage to the Contrary
notwithstanding.
Provided nevertheless that nothing herein shall Extend Take away
the right of any Lawfull heir or heirs of the said Elizabeth Devegh
in Case they shall at any time within Seven Years make Good their
Claim to the Reall Estate of the said Elizabeth Devegh any thing
herein before Contained to the Contrary Notwithstanding.

Acts of
May, 1718,
ch. 15
p. 403

An Act for investing the Right heirs of Edward Day late of Sumer-
sett County, with an Estate in fee Simple of Certaine Lands in
the said County.
Whereas George Scott of Somersett County by his humble Pe-
tition to this Generall Assembly in May Last has sett forth that one
Edward Day of Sumersett County a Considerable time before his