CHAP. XVIII.

CONVEYANCES of LANDS and NEGROES in Barbadoes, Antigua, St. Christopher's, and Jamaica.—

A CONVEYANCE by Leafe and Releafe of Lands in Barbadoes, with the POWER of ATTORNEY, &c. this being the Releafe.

THI

HIS Indenture, made the 20th day of July, anno Domini 1728, and in the fecond year of the reign of our Sovereign Lord King George the Second, &c. between Sir Abel Ash of Bardon, in the county of Cornwall, Bart. eldest furviving fon and heir of Sir David Ash late of the fame place, Bart. and of Dame Eliza Afh, his late wife, both deceased, and also brother and heir of Sir David Afh, late of the fame place, Bart. alfo deceased, who, whilft living, was eldest fon and heir of the faid Sir David Ath the father, and of the faid Dame Eliza, of the one part; and Francis Afh of Bardon aforefaid, Efquire, younger brother of the faid Sir Abel Afh, and Gilbert Gill and Henry Hart, both of the Inland of Barbadoes in America, Efquires, of the other part. Whereas the faid Sir David Afh the father, in and by his Laft Will and Teftament in writing, by him duly published, bearing date on or before the 10th day of April 1716, did (among other things) give to his then wife, the laid Dame Eliza Afh, her heirs, executors, and affigns, all his Plantations, houses, buildings, mills, Negroes, and all other his real and perfonal eftate whatsoever in the faid Inland of Barbadoes upon truft, to fell and difpofe of the fame, and

every of them, as foon as conveniently might be after his deceafe; and, with the money arifing by fale or fales thereof, in the first place to pay all his juft debts, and afterwards the legacies and fums of money in his faid Will mentioned and expreffed; and if his faid then wife thould die before the feveral eftates were fold that were devised to her for that purpose, then the said teftator gave fuch of thofe eftates as remained unfold at her death, to the said Sir David Ash his eldest fon, then David Afh, Efq; his heirs, executors, and affigns, to be by him or them fold for the performance of his faid Will; and the faid Sir David Ash the teftator, did thereby conftitute the faid Dame Eliza, his then wife, fole executrix of his faid Will: And whereas the faid Dame Eliza Afh died inteftate foon after the death of the faid Sir David Afh her late husband, and before fhe had proved his faid Will, or fold or difpofed of the faid truft-eftate and premifes, or any part thereof, and foon after her decease Letters of Administration of her goods and chattels, and alfo Letters of Administration of the goods and chattels of the said Sir David Afh the father, with his faid Will annexed, were granted by the Prerogative Court of Canterbury unto the faid David Afh the fon, who fome years fince alfo departed this life without iffue, and without having fold or difpofed of the faid truft-eftate and premifes, or any part thereof, upon whofe deceafe the faid truft-eftate and premifes defcended, or otherwise legally came to and vefted in the faid Sir Abel Afh, upon the truft, and for the purposes aforefaid, and the faid Sir Abel Afh, foon after the decease of the faid Sir David Afh, obtained Letters of Adminiftration out of the faid Prerogative Court of Canterbury of the goods and chattels, Hh with

with the Will annexed of the faid Sir David Afh, the father, unadministered by the faid Sir David Afh the fon; and alfo Letters of Administration of the goods and chattels of the said Dame Eliza Ash, unadministered as aforefaid: And whereas the faid Francis Afh hath contracted and agreed with the faid Sir Abel Afh for the abfolute purchafe of the meffuages, buildings, Plantations, lands, Negroes, and other hereditaments herein after mentioned, to be hereby granted and releafed, being part and parcel of the said trusteftate, and premises fo given to the faid Dame Eliza Afh in trust, to be fold as aforefaid; and alfo of all the crop of fugars and other the produce of or upon the fame Plantation, lands, and premises, or which hath arifen from, or been produced upon the fame premifes, or any part thereof, from and after the Feast of St. Michael the Archangel laft paft, before the date hereof, for the fum or price of 10,000 1. of lawful money of Great Britain. NOW THIS INDENTURE WITNESSETH, That in pursuance and performance of the faid recited agreement, and for and in confideration of the fum of 10,000 1. of lawful money of Great Britain to the faid Sir Abel Afh, in hand, well and truly paid by the faid Francis Afh, at or before the enfealing and delivery of thefe prefents, to be by him the faid Sir Abel Afh applied and difpofed of for the purposes in the faid recited Will in that behalf mentioned and directed, the receipt and payment of which said sum of 10,000l. he the faid Sir Abel Afh doth hereby acknowledge, and thereof, and of every part thereof, doth acquit, release, and discharge the faid Francis Ash, his heirs, executors, administrators, and affigns, and every of them, for ever, by thefe prefents; and in confideration of the fum of 5 s

of like money to the faid Sir Abel Afh, in hand paid by the faid Gilbert Gill and Henry Hart, at or before the enfealing and delivery of these prefents, the receipt whereof is hereby acknowledged: he the faid Sir Abel Afh hath granted, bargained, fold, aliened, released, and confirmed, and by thefe prefents doth grant, bargain, fell, alien, release, and confirm unto the faid Francis Ash, Gilbert Gill, and Henry Hart, and the heirs and afligns of the faid Francis Afh, all that the Upper Plantation land or ground of him the faid Sir Abel Afh, commonly called or known by the name of Jag Hall, fituate, lying, and being in the parish of Knowt, in the faid Island of Barbadoes, and containing by eftimation three hundred and ninety-fix acres, or thereabouts, be the fame more or lefs; and alfo all meffuages, tenements, edifices, erections, buildings, houfes, ftorehoufes,fugar-houses,boiling-houses, curing-houses, ftill-houses, mills and kilns, erected, built, ftanding, or being; or to be erected, built, standing, or being in or upon the faid Plantation, land, ground, hereditaments, and premifes, every or any part thereof, with their and every of their rights, privileges, members, and appurtenances; and also all Negroes and flaves, men and women, and children, and the increase and progeny of the fame Negroes and flaves; and alfo all horfes, cows, oxen, fheep, and other cattle whatfoever; and all coppers, ftews, ladles, fkimmers, potting basons, fugarpots, ftills, ftill-heads, worms, worm-tubs, coolers, cifterns, Plantation tools, and all other implements, goods and chattels whatfoever, to the faid meffuages, buildings, Plantation, land, ground, hereditaments, and premifes hereby or mentioned and intended to be hereby granted and released, every or any of them, or any part thereof, beHh 2 longing

longing or in any wife appertaining, or with them or any of them ufed, occupied, poffeffed, or enjoyed; and alfo other the meffuages, buildings, lands, ground, and hereditaments whatsoever, of him the faid Sir Abel Ash, fituate, lying, or being in the faid parish of Knowt, in the faid Island of Barbadoes, with their and every of their appurtenances (except and always referved out of these prefents, and the grant or conveyance hereby made or intended to be made, all that small flip or parcel of ground of him the faid Sir Abel Afh, lying and being in the faid parish of Knowt, but being part of and ufed and enjoyed with the lower Plantation, lying in the parish of Loke, in the faid Inland of Barbadoes, and all erections, buildings, hereditaments, Plantations, tools, implements and appurtenances whatsoever, upon the faid excepted fmall flip or parcel of ground, or any part thereof, now being thereunto belonging or appertaining, or therewith used or enjoyed), all which faid meffuages, buildings, Plantation, lands, grounds, Negroes, flaves, cattle, utenfils, hereditaments, and other the premises hereby or mentioned or intended to be hereby granted and releafed (except before excepted), are now in the actual poffeffion of the faid Francis Afh, Gilbert Gill, and Henry Hart, by virtue of a bargain and fale to them thereof, made by the faid Sir Abel Afh for the term of one whole year, in confideration of 5 s. to him paid by the faid Francis Afh, Gilbert Gill, and Henry Hart, in and by one Indenture, bearing date the day next before the day of the date hereof, and by force of the Statute for transferring ufes into poffeffion, made and provided; and the reversion and reverfions, remainder and remainders, rents, iffues, and. profits, and produce thereof, and of every part