356 Assembly Proceedings, 1694-1728.

Liber LL, 5
Acts

provement thereunto belonging and all the Residue of his Lands
except Four hundred Acres to be divided equally betwixt the said
James and Anthony And the said four hundred Acres to be equally
divided betwixt the daughters Mary and Martha and all his Personall
Estate except the Stock on Phillips Island to be equally divided
amongst his said four Children and appointed his Eldest Son James
to be Executor that it appears the Testator Intended that all his
Children should have Estates of Inheritance in the severall Parcells
of Land devised to them which last will and Testament was either
lost or Purposely destroyed and by that means the Intentions of
the Testator were frustrated and the devisees without remedy with-
out the aid of the Assembly the said James Phillips the Son Claiming
all his fathers reall Estate by descent as heir at Law of his father
And Whereas the said Anthony Phillips in his life time by his last
will and Testament in writing duely Executed gave and devised
severall Parcells of Land which lie claimed by Virtue of his fathers
Will to severall Persons which his the said Anthonys devisees are in
danger of being defeated of by the loss or destruction of the said will
wherefore it is Prayed that it may be Enacted. And be it Enacted
by the right honourable the Lord Proprietary by and with the advice
and Consent of his Lordships Governeur and the upper and lower
houses of Assembly and the Authority of the same that the reall
Estate of the said James Phillips the elder except Phillips's Islands
and four hundred Acres of his other Lands shall be deemed the Estate
of Inheritance in fee Simple of the said James Phillips the Son and
Anthony Phillips their heirs and devisee or of others having their
Estate as if the last will and Testament of the said James Phillips
the elder had been Subscribed in the Presence of Three Creditable
Witnesses duely Proved and Recorded and that the said Lands were
thereby expressly devised to the said James and Anthony to be equally
divided between them and their heirs for ever. And be it further
Enacted that the said Mary Phillips now Mary Smithers wife of
Richard Smithers and Martha Phillips now Martha Paca Widow
and Relict of Aquila Paca deceased and their heirs and assignes
forever shall have as good an Estate in fee Simple in four Hundred
Acres Part of the lands of their said father James Phillips as if his
said Will had been Subscribed Proved and Recorded as af^d And
that the said four hundred Acres were thereby Expressly devised to
be equally divided between the said Mary and Martha and their heirs
and assignes forever. And be it further Enacted that the said
James Phillips the son Anthony Phillips Mary Smithers and Martha
Paca their Executors Adm^rs or other legall representatives shall be
and are by this Act Entituled to the same Shares and distributions
of the Personall Estate of the said James Phillips the Elder as if his
said Will had been duely Proved and recorded Any Law Usage or
Custom to the Contrary Notwithstanding Saving to his most Sacred