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CHAP. 40
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others, and by certain documents accompanying the same, that
on or about the 25th day of January 1820 Thomas Haw-
kins, Esquire, late of Frederick county, departed this life
intestate, seized and possessed, at the time of his death, of a
large real estate lying and being in Frederick county afore-
said, and which descended equally upon his two daughters
Julia Clagett, then the wife of the said Henry Clagett, and
Elizabeth Whitaker Duvall, then the wife of said Grafton
Duvall, that partition was afterwards made of said descended
estate by the voluntary act of the parties, and separate
portions thereof allotted in severally to said Henry Clagett,
and said Julia Clagett his wife, in right of said Julia,
ard to the said Grafton Duvall and said Elizabeth Whitaker
Duvall his wife, in light of the said Elizabeth Whitaker
respectively, and that a deed of partition was accordingly
prepared and executed, in conformity with said partition and
allotment, bearing date the twenty fifth day of June, in the
year eighteen hundred and twenty one and which was duly
signed and sealed by the said Henry Clagett and said Julia
Clagett, his wife, of the one part, and said Grafton Duvall,
and said Elizabeth Whitaker Duvall, his wife, of the other
part, in the presence of two Justices of the Peace of the
State of Maryland in and for Frederick county, and before
whom the same was acknowledged by the said parties, as
appears by the certificate of the said Justices thereon in
dorsed but without any private examination of the said
Julia Clagett and said Elizabeth Whitaker Duvall by the
said justices of the peace apart from and out of the presence
and hearing of their said respective husbands, as required by
law, and under the erroneous impassion of the said justices,
and the parties that the same was not necessary to the vali-
dity of said deed and whereas it further satisfactorily ap
pears that the said parlies entered upon their said several
allotted parts of the said descended estate, agreeably to the
said partition, and that said allotted parts have thenceforth
been held and possessed in severalty, that said Julia Clagett
departed this life, intestate, on or about the sixteenth day of
December in the year of our Lord eighteen hundred and
thirty, leaving the said Henry Clagett, her husband, surviv-
ing, and leaving four children her heirs at las, to wit
Thomas Hawkins Clagett Henry Clagett, the younger,
Elizabeth Clagett, and Olivia Clagett, and that said Eliza-
beth Whitaker Duvall departed this life intestate, on of
about the thirteenth day of April, eighteen hundred and
thirty one, leaving the said Grafton Duvall, her husband
surviving, and leaving seven children her heirs at law, to wit
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