Barnaby McKinnie Estate Petition-1760

HALIFAX COUNTY

Petition concerning the Estate of Barnaby McKinnie

Minutes of the Lower House of the North Carolina General Assembly
Wednesday the 7th May 1760.

The House met according to Adjournment
Mr. Cary Presented the Petition of Barnaby McKinnie of the Province of North Carolina Setting forth that Barnaby McKinnie late of Edgcomb County Grandfather to your said Pettr in his life time was seised in his Demesne as of fee of and into Three Hundred Acres of Land in Halifax County formerly called Edgcomb did by his last will and Testament &c. bearing date the thirteenth day of August in the year One Thousand seven hundred and thirty seven devise the same to his son Richard McKinnie with limitation over That if the said Richard should dye without Issue then to his son John McKinnie Father to your Pettr whose son and heir he is and to the Heirs of his body Lawfully begotten and to their Heirs for ever And that after the Death of the said Barnaby McKinnie Richard the son Entered and dyed seized thereof about the month of May in the year One Thousand seven hundred and fifty five without having Issue of his body lawfully Begotten by means whereof the Property of the Aforesaid Three Hundred Acres of Land vested in your said Petitioner as son and Heir to the said John McKinnie to whom the said Three hundred Acres of Land was Limitted the said John McKinnie being long since dead.
That he is apprehensive that there may be some doubt whether the aforesaid Three Hundred Acres of Land may not be thought to be Entailed, And to the end that he may Prevent Expensive and tedious Law suits—
Therefore prays that the Entail of the aforesaid Three Hundred Acres of Land may be Docked and the fee simple thereof vested in the Pettr And that other Lands may be settled in lieu thereof to the same uses

Also the Petition of John Lane of the Province of South Carolina:

Setting forth that Barnaby McKinnie late of Edgecomb County in his lifetime was seized in his Demesne as of fee of and into One thousand six hundred and ninety Acres of Land scituate lyeing and being in Halifax County (formerly Edgcomb) And by his last Will and Testament in Writing bearing date the 13th of August One Thousand seven hundred and Thirty seven devised the same with other Lands to his son Richard McKinnie with Limitation over that if the said Richard should dye without Issue then to Patience Lane (Mother of your said Pettr) and Mourning Pope Equaly to be divided between them And that after the death of the said Barnaby the said Richard Entered and died seized thereof on or about the Month of May One Thousand seven Hundred and fifty five without leaving lawfull Issue whereby the Property of One half of the said one Thousand six hundred and ninety Acres of Land vested in your said Petr as son and Heir to the said Patience Lane And that he is apprehensive that there may be some doubt whether the aforesaid Land by a strained Construction may not be thought to be Entailed and to the End that he may Prevent future Expensive and Tedious Law Suits and to Enable him to make provision for a Numerous family of young children—
Therefore prays that the Intail of the aforesaid Lands the Property whereof is in your Petr and that other Lands may be settled in lieu thereof to the same use &c.
Then on Motion Resolved That the Consideration of the Petition of John Lane be reffered till next session of Assembly And That Mr. Cary, Mr. Caswell, Mr. Swann Jr, Mr. Williams and Mr. Harvey Enquire into the Allegation of the Petr of Barnaby McKinnie and make Report thereon to the House.

Received from the Council the Bill for Establishing Vestries. Endorsed 6th May 1760. In the Upper House read the second time amended & passed.

North Carolina. General Assembly
November 07, 1760 - December 03, 1760

Mr. Ashe presented the Petition of John Lane of the province of South Carolina setting forth, That Barnaby McKinnie late of Edgcomb County in his life time was seized in his Demessne, as of fee, of and into sixteen hundred and ninety Acres of Land, in Halifax County (formerly Edgcombe) and by his last Will and Testament in Writing devised the same with other Lands to his son Richard McKinnie with Limitation over to Patience Lane Mother of your Petitioner, and Mourning Pope, equally to be divided between them &c—and that the said John Lane is apprehensive some doubt may arise whether the said Land may not be entailed, and to prevent Tedious and Expensive Law Suits—Praying an Act may Pass to dock the entail of the said Lands, and settle other Lands to the same use.

Mr. Ashe Presented the Petition of William Hurst of Granville County Setting forth that Colo Barnaby MeKinnie late of Edgcomb County in his life time was seized in his demesne as of fee, of and into Two Hundred and Fifty Acres of Land in Halifax County, (formerly Edgcomb) and by his last Will and Testament in Writing devised the same together with other Lands to his daughter Christian, (Wife to the said William Hurst) in fee Tail, &c. That the said William Hurst is desirous of advancing and promoting the Interest and Fortune of Mary, only daughter and Heir of the said Christian by Settling Lands and other Estate of Greater Value than the aforesaid 250 Acres of Land on her the said Mary—Praying an Act may pass to dock the Intail of the said 250 Acres of Land, and that other Lands may be settled to the same uses.

Mr. Ashe presented the Petition of Barnaby McKinnie of the Province of North Carolina Setting forth that Barnaby McKinnie late of Edgecomb County, Grand father of the Petitioner, in his life time was seized, in his Demesne, as of fee of and in three hundred acres of Land lying and being in Halifax County (formerly Edgecombe) and by his last Will and Testament in Writing devised the same together with other Lands to his son Richard McKinnie with Limitation over, that if the said Richard should die without issue then to his son John McKinnie father to the Petitioner, and to the Heirs of his body lawfully begotten &c That the said Barnaby McKinnie is in some doubt whether the said 300 Acres may be entailed or not &c Praying the entail (if so) may be docked, and other Lands settled in Lieu thereof to the same use.
Then on Motion ordered that a Committee be appointed to enquire into the allegations and facts set forth in the said Petition and report the same to the House, and Mr. Hewes, Mr. Harnett and Mr. Harris are accordingly appointed.

Wednesday, November 19th 1760 The House met according to Adjournment
Mr. Hewes from the Committee appointed to examine into the Allegations and Matters set forth in the Petitions of Barnaby McKinnie, John Lane and William Hurst, Reported, That it appears to them, that the Matters in the said Petitions mentioned are true, and that the Lands proposed to be settled in Lieu thereof, are of greater value than the Lands mentioned in the said Petitions.