網頁圖片
PDF
ePub 版

1818.

Jackson

V.

Clarke.

and continued to be so seized and possessed thereof, until the time of his death. And that the last aforesaid George Clarke died so seized and possessed, in the year 1759. And the jurors aforesaid, upon their oath aforsaid, further say, that George Clarke, who was late secretary of the colony of New-York, was the eldest son, and heir at law of the before mentioned George Clarke, formerly lieutenant governor as aforesaid. And that upon the death of the said George Clarke, formerly lieutenant governor as aforesaid, the said George Clarke, late secretary as aforesaid, as son and heir as aforesaid, entered upon, and was seized in fee simple, and possessed the lands and tenements, with the appurtenances, specified in the said declaration of the said James Jackson. And being so seized and possessed, did afterwards, to wit, on the thirtieth day of November, 1776, at Hyde, in the county palatine of Chester, in the kingdom of Great Britain, make and publish, in due form of law to pass real estate, his last will and testament, and did thereby devise unto his grand nephews, the said George Clarke, the defendant in the said declaration named, and Edward Clarke, and to their heirs and assigns, as tenants in common, and not as joint tenants, the lands and tenements in the said declaration specified, with the appurtenances. And the jurors aforesaid, upon their oath aforesaid, further say, that the said George Clarke, late secretary as aforesaid, afterwards, to wit, on the tenth day of December, 1776, at Hyde aforesaid, in the said county palatine of Chester, in the said kingdom of Great Britain, died so seized and possessed as aforesaid, and without having altered or revoked his said last will and

testament. And the jurors aforesaid, upon their oath aforesaid, further say, that upon the death of the said George Clarke, late secretary as aforesaid, the said George Clarke, the said defendant, and the said Edward Clarke, claiming under the said last will and testament, entered upon and became possessed of, the said lands and tenements, with the appurtenances, in the said declaration specified. And the said George Clarke, the said defendant, and the said Edward Clarke, being actually possessed of the said lands and tenements, with the appurtenances, in the said declaration specified, as under the said last will and testament, the said Edward Clarke did afterwards, to wit, on the twenty-third day of December, 1791, by a deed of bargain and sale, duly executed, grant, bargain and sell, for a valuable consideration, to the said George Clarke, the said defendant, and his heirs, one equal moiety of the said lands and tenements, with the appurtenances, in the said declaration specified, and all the estate and interest of the said Edward Clarke, in and to the said lands and tenements last aforesaid, with the appurtenances, to have and to hold the same to the said George Clarke, the said defendant, his heirs and assigns; by reason whereof, the said George Clarke, the said defendant, entered upon, and became, and was actually possessed of, the said lands and tenements, with the appurtenances, in the said declaration specified, claiming to be seized thereof in fee simple, and so continued until the entry of the people of the state of New-York, hereafter mentioned. And the jurors aforesaid, upon their oath aforesaid, further say, that the said George Clarke,

1818.

Jackson

V.

Clarke.

1818.

Jackson

V.

Clarke.

late secretary as aforesaid, was born in the city of
New-York, in the late colony, now state of New-York,
and that in the year 1738 he went to that part of
Great Britain called England, and thenceforth con-
tinued to live and reside there on his family estate,
until and at the time when he made and published
his said last will and testament, and ever after, and
until and at the time of his death. And the jurors
aforesaid, upon their oath aforesaid, further say, that
on the fourth day of July, in the year 1776, the late
colony of New-York, together with the other colonies
of Great Britain in North America, now called the
United States of America, declared themselves free
and independent states, and that from that day to the
first day of September, in the year 1783, the said Uni-
ted States, and the citizens thereof, were at open and
public war with the king of Great Britain and his
subjects. And the jurors aforesaid, upon their oath
aforesaid, further
say, that the said George Clarke,
the said defendant, was born in England, on the
twenty-eighth day of April, in the year 1768. And
that the said Edward Clarke was born in England,
on the twenty-eighth day of November, in the year of
our Lord 1770. And that the said George Clarke,
the said defendant, and the said Edward Clarke, were
born British subjects.

And the jurors aforesaid, on their oath aforesaid,
further say,
that the said George Clarke, late secreta-
ry as aforesaid, died without issue, and that at the
time of his death one George Hyde Clarke was his
nephew; and that the said George Hyde Clarke, if
he is capable of inheriting the real estate of the said

George Clarke, late secretary as aforesaid, within the state of New-York, is the heir at law of the said George Clarke, late secretary as aforesaid; and that the said George Hyde Clarke was born in Great Britain, before the fourth day of July, in the year 1776, and hath ever since resided, and still doth reside, in Great Britain, and is still living; and that no other person than the said George Hyde Clarke is, or can be, the heir at law of the said George Clarke, late secretary as aforesaid; and that the said George Hyde Clarke is capable of inheriting the real estate of the said George Clarke, late secretary as aforesaid, within the state of New-York, unless he is incapable of inheriting such real estate, by reason of his having been born, and having resided in, Great Britain as aforesaid. And the jurors aforesaid, on their oath aforesaid, further say, that on the eighth day of February, in the year 1791, the said George Clarke, the said defendant, caused to be presented to the legislature of the state of New-York, a petition, in the words following, to wit:

To the honourable the senate and assembly of the state of New-York, in legislature convened: The petition of George Clarke humbly showeth, that your petitioner was born in England, and is great grandson of George Clarke, formerly lieutenant governor of New-York; that he resided in the city of New-York for about a year preceding the month of October last, with intention, at the end of two years, to have been naturalized under the statute of the United States: that he was unexpectedly called abroad on important business, but expects to return in the course of the

1818.

Jackson

V.

Clarke.

1818.

Jackson

V.

Clarke.

ensuing summer; and as his naturalization must now be unavoidably suspended, to the great embarrassment of his affairs, your petitioner humbly prays that his name may be inserted in the bill now before the honourable the legislature, to grant a similar privilege of holding lands within this state, notwithstanding the want of naturalization, and your petitioner shall ever pray, &c.

GEORGE CLARKE,

By GOLDSB. BANYAR, and JAS. Duane, his Attorneys.

And the jurors aforesaid, upon their oath aforesaid, further say, that on the twenty-second day of March, in the year 1791, an act was passed by the legislature of the state of New-York, in the words following, to wit: "An act to enable François Christophe Mantel, and the several other persons therein named, to purchase and hold real estates within this state. Be it enacted by the people of the state of New-York, represented in senate and assembly, and it is hereby enacted by the authority of the same, that it shall and may be lawful for François Christophe Mantel, Samuel Clows, junior, Samuel Richardet, William Robert O'Hara, Erick Glad, George Turnbull, Thomas Mounsey, and Jan Barnhard, respectively, to purchase lands, tenements and hereditaments within this state, and to have and to hold the same to them respectively, and their respective heirs and assigns, forever, as fully to all intents and purposes as any natural born citizen may or can do, any law, usage, or custom, to the contrary notwithstanding. And be it further enacted by the authority aforesaid, that it

« 上一頁繼續 »