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Session Laws, 1810
Volume 599, Page 34   View pdf image
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1810.

NOVEMBER. LAWS OF MARYLAND.

CHAP.

LXII

quish all the right, title and interest, of the state, to Elinor Frazer, to by the name of Eleanor Frazer
at. d Charlotte Frazer, of, in and to, the real and personal estate of Alexander Frazer, their late
father, in the same manner as if they had been citizens of this state at the session of passing the
said law; that after the passing of the said law the said Elinor Frazer moved to the island of New-
Providence, where the said Alexander M'Kinzie, who was the natural son of the said Elinor Frazer,
was born, in the year seventeen hundred and ninety-three; that the said Elinor Frazer afterwards,
on the twenty-third day of May, seventeen hundred and ninety-five, duly made and executed her
last will and testament in writing, and devised all her estate to the said Alexander M'Kinzie, and
his heirs, and in case of the death of the said Alexander M'Kinzie under the age of twenty-one
years, and unmarried, then the said Elinor Frazer devised the said estate to the said John M'Kinzie,
and his heirs; that the said Elinor Frazer, on the nineteenth of October, seventeen hundred and
ninety-five, departed this life; that by virtue of the said act, of assembly, the said will, and the
treaty between the United States and Great-Britain, made and ratified on the nineteenth clay of
November, in the year seventeen hundred and ninety-four, the said Alexander M'Kinzie and John
M'Kinzie conceive that they are entitled to the said estate of the said Elinor Frazer; that the said
Alexander Frazer, the father of the said Elinor Frazer, did, on the eleventh day of January, se-
venteen hundred and seventy-two, mortgage to James Clarke, of Baltimore-town, a tract of land
tying in Baltimore county called Elizabeth's Diligence, of which the said Alexander was then seized
in fee, and which was afterwards sold under a decree of the court of chancery of this state, to pay
the said mortgage debt; that Samuel Chase, junior, purchased at the said sale two lots of ground,
number three and four, part of Elizabeth's Diligence, and paid the said purchase money, and did
obtain from the said James Clarke an assignment of the said mortgage; that the said Samuel Chase,
junior, hath obtained from the land-office for the western shore of this state escheat warrants to
affect the moiety of the two tracts of land called Elizabeth's Diligence and Deep Point, for want of
heirs of the said Elinor Frazer; that the said Samuel Chase, junior, hath agreed to relinquish to
the said Alexander M'Kinzie and John M'Kinzie the benefit of the said assignment of the said mort-
gage, and to assign to them the said escheat warrants, on the title of the said Samuel Chase, junior,
to the said two lots, number three and four, part of. Elizabeth's Diligence, being confirmed to him
by them; and the said Alexander M'Kinzie and John M'Kinzie have prayed that a law may pass to
relinquish to them all the right, title and interest, of the state of Maryland, to the said two tracts
of land, and to all the real estate in and to which the said Elinor Frazer had any right, title or in-
terest, at the time of her death, lying in Baltimore county, in the same manner as they would be
entitled under the will of the said Elinor Frazer, on condition that the said Alexander M'Kinzie
and John M'Kinzie, release and confirm to the said Samuel Chase, junior, and his heirs, all their
right, title, interest and estate, in and to the said two lots of ground: And whereas it is thought
reasonable and just that the said petition be granted, therefore,

II. BE IT ENACTED, by the General Assembly of Maryland, That all the right, title, interest and
estate, which the state of Maryland hath in two tracts of land, called Elizabeth's Diligence and
Deep Point, lying in Baltimore county, and in all the real estate to which the said Elinor Frazer
had any right, title or interest, at the time of her death, by virtue of escheat or otherwise, be and
the same is hereby given and relinquished to the said Alexander M'Kinzie and John M'Kinzie, and
their heirs, in the same and as full and ample a manner as if the said Alexander M'Kinzie and John
M'Kinzie had been citizens of the state of Maryland at the time of making said will; provided
always, that in case of the death of the said Alexander M'Kinzie under the age of twenty-one years,
and unmarried, then the said John M'Kinzie, and his heirs, shall hold the said estate, subject to the
payment of two hundred pounds to Miss Mary Towson, of the city of Baltimore, mentioned in the
said will; and provided also, that the said Alexander M'Kinzie and John M'Kinzie shall release and
confirm to the said Samuel Chase, junior, and his heirs, the said two lots of ground, number three
and four, being part of the said tract of land called Elizabeth's Diligence, lying in Baltimore county,
which said release and confirmation the said Alexander M'Kinzie is hereby enabled to execute, not-
withstanding his infancy, in the same manner as if he were of full age.

III. AND, whereas the said Alexander M'Kinzie and John M'Kinzie have further represented by
their said petition, that it will be greatly for the advantage of the said Alexander M'Kinzie to have
the whole or a part of the said moiety of the two tracts of land aforesaid sold for his education and
advancement, and have prayed that he may be empowered, by and with the consent of the said John
M'Kinzie, to sell and convey the same, or any part thereof, to any person or persons, in fee; and
it appears reasonable that the said petition should be granted, therefore, BE IT ENACTED, That the
said Alexander be and he is hereby empowered to sell and convey the said moieties, or any part
thereof, to any person or persons, in fee-simple, by and with the consent of the said John M'Kinzie;

to be testified by his joining in the conveyance or conveyances therefor, and that the said convey-



 
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Session Laws, 1810
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