Preamble.
Devises of
Lands, &c.
to the Use of/
any Church,
&c. in general
Words,
shall be good
in Law.
Where the
Intent of the
Testator is at
large, the
Land, &c.
shall go to the
Parish, &c.
wherein it
lies.
Such Will to
be signed by
three Witnesses,
and duly
proved. |
WHEREAS for a considerable Time (from the first Settlement of
this Province) there were few or no Ministers to dispense the
Word and Sacraments, that the Country was in an unsettled Condition
as to Religion, and few or no Parishes erected during that Time:
And
whereas several pious and well disposed Persons, for promoting the Protestant
Religion, and for Encouragement of Ministers, have given or devised several
Parcels of Land for that Use; but that notwithstanding the good Intent
of
several of the Devisors have been frustrated through the Negligence or
Unskilfulness
of the Writers of Wills, which is a great Injury to the Church, and
has and may be a Discouragement to Persons charitably inclined, to give
any
Lands for Glebes where they are wanted, as they are in many Parishes;
which
makes the Incumbent unsettled and reduces him to Streights as to his
Residence:
For Remedy whereof for the future;
II. Be it Enacted,
by the Right Honourable the Lord Proprietary, by and
with the Advice and Consent of his Lordship's Governor, and the Upper and
Lower
Houses of Assembly, and the Authority of the same, That any Person
or Persons,
being of sound and disposing Mind and Memory, that have heretofore devised,
or shall hereafter devise, any Lands or Tenements to the Use of any
Church or Chapel within this Province, or for Support or Maintainance of
the Clergy or Ministry of the Church of England, as by Law established,
or
to the Use of the Church, or Support of the Protestant Religion in general,
without particularly mentioning to what Church, Chapel or Person, shall
be
good and effectual in Law, notwithstanding such Omission, or any Ambiguity
or Uncertainty in the Wording of any Will, if the Intent of the Testator
can be reasonably collected from the Words of the Will.
II. And for
putting an End to Disputes about the Right to such Lands;
Be it Enacted, by the Authority,
Advice and Consent aforesaid, That where the
Intent of Testator is at large, and it does not appear to what Church,
Chapel or Person he devised such Land, in such case the Land so devised,
shall
go to the parish or Incumbent where such Land lies, in the same Manner
as
Glebes are commonly held; and that no Want or Insufficiency of Words,
(where the Intent appears) shall defeat such Parish or Incumbent of such
Land.
IV. Provided
nevertheless, That this Law shall in no wise affect any
Lands that have been heretofore disputed in Law, or Escheated, or about
which there is at this Time any Contest or Law-Suit depending. And
provided
likewise, That such Will or Wills, have, and shall be Signed by
the
Testator so devising the same, or by some other Person in his Presence,
and |
