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Trustees write new RESOLUTIONS RELATING TO THE GRANTS AND TENURE OF LANDS

Source: A True and Historical Narrative of the Colony of Georgia in America #173

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From 1741 A True and Historical Narrative
edited by Amy

The RESOLUTIONS of the Trustees for establishing the Colony of Georgia in America, in Common-Council assembled this 28th Day of August in the Year of our Lord 1739, relating to the Grants and Tenure of Lands within the said Colony.

Lands were granted by the king to his subjects
WHEREAS the Common-Council of the said Trustees assembled for that Purpose in the Name of the Corporation of the said Trustees and under their Common Seal have in Pursuance of His Majesty’s most gracious Letters Patent, and in Execution of the Trusts thereby reposed in them, granted and conveyed diverse Portions of the Lands, Tenements and Hereditaments in the said Letters Patent mentioned to many of his Majesty’s loving Subjects, natural born and Denizens, and others willing to become His Subjects and to live under Allegiance to His Majesty in the said Colony, to hold to them respectively, and to the Heirs Male of their respective Bodies, lawfully begotten, or to be begotten, under the several Rents, Reservations, Conditions and Provisos therein contained;

To encourage settlers to come, stay, and improve the land
And whereas it has been represented to the said Trustees that many of the Persons to whom such Grants have been made have no Issue Male of their respective Bodies, and that an Alteration in the Grants and Tenure of the said Lands, upon Failure of such Issue, and likewise a known certain Provision for the Widows of Tenants in Tail Male, would not only encourage all such Persons cheerfully to go on with their several Improvements but also be an Inducement and Means of inviting divers other Persons to resort to and settle in the said Colony and greatly tend to the Cultivation of the Lands, the Increase of the People, and the Defense, Strength and Security of the said Colony, which the said Trustees most earnestly desire to promote as far as in them lies:

It is therefore this Day unanimously resolved by the Common Council of the said Corporation assembled for that Purpose That the Grants of Lands or Tenements within the said Colony heretofore made and hereafter to be made by the said Trustees to any Person or Persons whatsoever shall be altered, made, and established in Manner and Form following:

Widow heirs with children
If Tenant in Tail Male of Lands or Tenements in the said Colony, not having done or suffered any Act, Matter or Thing, whereby his Estate therein may be forfeited or determined, shall happen to die leaving a Widow and one or more Child or Children, the Widow of such Tenant shall hold and enjoy the Dwelling-House and Garden (if any such there be) and one Moiety of such Lands and Tenements for and during the Term of her Life. The said Moiety to be set out and divided in case the Parties interested therein do not agree within the Space of three Months by the Magistrates of the Town-court in Georgia nearest thereunto, or any one of them. And in case such Division be made by one of such Magistrates only, then any Person or Persons finding him, her or themselves aggrieved thereby may within the Space of three Months appeal to the other three Magistrates of the said Town-court, whose Determination thereof shall be final.

Widow heirs without children
And if such Tenant shall happen to die leaving only a Widow and no Child or Children, then that such Widow shall hold and enjoy the said Dwelling-house, Garden, and all such Lands and Tenements for and during the Term of her Life. And in case the Widow of any such Tenant, whether he die without Issue by her or not, shall marry again after his Decease, then such Person to whom she shall be so married shall, within the Space of Twelve Months after such Marriage, give Security to the said Trustees and their Successors, whether Personal, or otherwise, agreeable to such Instructions as shall be given by the Common Council of the said Trustees for maintaining and keeping in repair, during such Marriage, the said Dwelling-house, Garden, and other the Premises to which she shall be so entitled in right of her former Husband. And if such Security shall not be given in manner aforesaid within the Space of twelve Months after such Marriage, the Provision hereby made or intended to be made for the Benefit of such Widow shall cease, determine and be absolutely void to all Intents and Purposes, and the said Dwelling-house and Garden and all and singular the Premises shall be and enure to such Child or Children or to such other Person or Persons who would be entitled to the same in case the said Widow was naturally dead.

Daughter heirs
And if Tenant in Tail Male of Lands or Tenements in the said Colony, not having done or suffered any Act, Matter or Thing whereby his or her Estate therein may be forfeited or determined, shall happen to die leaving one or more Daughter or daughters and no Issue Male, then that such Lands and Tenements, if not exceeding eighty Acres, shall be holden in Tail Male by any one of the Daughters of such Tenant; and if exceeding eighty Acres, by any one or more of the Daughters of such Tenant in Tail Male, as such Tenant shall by his or her last Will and Testament in Writing, duly executed in the Presence of three or more credible Witnesses, direct and appoint; and in Default of such Direction or Appointment, then that such Lands and Tenements shall be holden in Tail Male by the eldest of such Daughters; and in Default of Issue Male and Female, either born in the Life-time of such Tenant in Tail Male, or within nine Months after his Decease, then that such Lands and Tenements, if not exceeding eighty Acres, shall be holden in Tail Male by any one such Person; and if exceeding eighty Acres, by any one or more such Person or Persons as such Tenant in Tail Male by his or her last Will and Testament in Writings executed as aforesaid shall direct and appoint, and in Default of such Direction or Appointment, then that such Lands and Tenements shall be holden in Tail Male by the Heir at Law of such Tenant; subject nevertheless in all any every the said Cases, to such Right of the Widow (if any) as aforesaid, Provided That such Daughter or Daughters, and all and every such Person or Persons so intitled to hold and enjoy any such Lands and Tenements, do within the Space of twelve Months after the Death of such Tenant, personally appear, if residing in America and claim the same in any of the Town-courts in Georgia; and if residing out of America, then within the Space of Eighteen Months next after the Death of such Tenant.

No parcel shall be created less than 50 or more than 500 acres
And Provided also, That no such Devise or Appointment shall be made by any such Tenant of Lands exceeding eighty Acres, in any lesser or smaller Portion or Parcel than fifty Acres to any one Daughter, or other Person. And that no Daughter or other Person shall be capable of enjoying any Devise which may thereby increase his or her former Possession of Lands within the said Colony to more than Five Hundred Acres; but such Devise to be void, and the Lands thereby given to descend in such manner as if no such Devise had been made.

If no one claims inheritance, the land defaults to the Trustees
And in Default of such Appearance and Claim as aforesaid, that all and singular the said Lands and Tenements shall be and remain to the said Trustees and their Successors forever. Provided also that all and every such Estates hereby created or intended to be created, shall be subject and liable to the several Rents, Reservations, Provisos and Conditions, as in the original Grants thereof are particularly mentioned and contained; save and except so much thereof as is hereby altered, or intended to be altered, in case of Failure of Issue Male, and the Provision hereby made or intended to be made for Widows.

Grantees can designate heirs in their will
And that in every Grant hereafter to be made by the said Trustees or their Successors of any Lands or Tenements in the said Colony, all and every Grantee therein named, not doing or suffering any Act, Matter, or Thing whereby his or her Estate therein may be forfeited or determined, shall have good Right, full Power, and lawful Authority to give and devise the same by his or her last Will and Testament in Writing, duly executed in the Presence of three or more credible Witnesses, in manner and form following, that is to say, Every Grantee of Lands not exceeding eighty Acres, to any one Son or any one Daughter in Tail Male; and every Grantee of Lands exceeding eighty Acres, the whole or any part thereof, but not in lesser Lots or Portions than fifty Acres to any one Devisee to his or her Son or Sons, Daughter or Daughters in Tail Male; and in Default of such Devise as aforesaid, then that such Lands and Tenements shall descend to the eldest Son in Tail Male; and in ‘Default of Issue Male, to the eldest Daughter in Tail Male; and in Default of Issue Male and Female, then that such Lands ‘and Tenements shall be holden in Tail Male, if not exceeding eighty Acres, by any one such Person; and if exceeding eighty Acres, by any one or more such Person or Persons, but not in any smaller Lot or Portion than fifty Acres to any one Person as such Grantee shall by his or her last Will and Testament in Writing, executed as aforesaid, direct and appoint; and in Default of such Direction or Appointment, then that such Lands and Tenements shall be holden in Tail Male by the Heir at Law of such Grantee; subject nevertheless to such Right of the Widow (if any) as aforesaid, Provided always, That no Son, Daughter or other Person shall be capable of enjoying any Devise which may thereby increase his or her former Possession of Land within the said Colony, to more than five Hundred Acres; but such Devise to be void, and the Lands thereby given, to descend in such manner as if no such Devise had been made.

Heirs must claim the land in person within 12 or 18 months
Provided also, That such Son or Sons, Daughter or Daughters, and all and every such Person or Persons intitled to hold and enjoy any such Lands and Tenements, do within the Space of twelve Months after the Death of such Grantee, or of those under whom they claim, personally appear, if residing in America, and claim the same in any of the Town-courts in Georgia; ‘and if residing out of America, then within the Space of eighteen ‘Months next after such Death; and in Default of such Appearance and Claim as aforesaid, That all and singular the said Lands and Tenements shall be and remain to the said Trustees, and their Successors forever.

All inherited land will remain under the same governance as the original
And Provided also, ‘That all and every such Estates shall be subject and liable to ‘he like Rents, Reservations, Provisos and Conditions as in the former Grants of Lands heretofore made, save and except so much thereof as is hereby altered, or intended to be altered, upon the Failure of Issue Male.

Grantees will be notified and grants modified free of charge
And it is hereby required that Public Notice of these Resolutions be forthwith given by the Magistrates of the respective Town-courts in Georgia, and also by the Secretary of the said Trustees in London, that all and every the Grantees of Lands or Tenements within the said Colony may enter their respective Claims, either at the Georgia Office near Old Palace Yard in Westminster or in any of the Town-courts in Georgia, within the Space of twelve Months from the Date hereof, to the end that they may receive the Benefit hereby intended, and that proper Grants and Conveyances in the Law may be forthwith prepared and executed for that Purpose. And it is hereby expressly declared, That no Fee or Reward shall be taken for the Entering of any such Claim, directly or indirectly, by any Person or Persons whatsoever.

Signed by Order of the said Common Council, Benjamin Martyn, Secretary.