and not as joint tenants. And that the lands and tenements, with their appurtenances specified in the foregoing declaration of the said James Jackson, were part and parcel of the said tract of land granted, as aforesaid, by the said letters patent. And the jurors aforesaid, upon their oath aforesaid, further say, that the said Sampson Broughton, and the said other persons to whom the said tract of land was granted as aforesaid by the said letters parent, being so seized in fee simple, and possessed of the said tract of land by virtue of the said letters patent, did afterwards, to wit: on the twelfth day of April, in the year last aforesaid, by good and sufficient conveyance and assurance in the law, for a valuable consideration, grant, bargain, sell, and convey unto George Clarke, now deceased, (who was formerly lieutenant governor of the said colony, and who was then a subject of England, and who remained so until the time of his death,) and to his heirs, one equal undivided ninth part of the said tract of land granted as aforesaid, in and by the said letters patent, to have and to hold to him, his heirs and assigns, forever. And the jurors aforesaid, upon their oath aforesaid, further say, that partition of the said tract of land mentioned in the said letters patent was afterwards, to wit, in the year last aforesaid, made in due form of law, between the last aforesaid George Clarke, and the other proprietors of the said tract of land mentioned and granted in and by the said letters patent. And that by virtue of the said partition, the last aforesaid George Clarke became, and was sole seized in fee simple, and possessed of the lands and tenements, with the appurtenances specified in the said declaration of the said James Jackson, 1818. Jackson Clarke. 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 aforesaid, 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 specifi ed in the said declaration of the said James Jackson. And being so seized and possessed, did afterwards, to wit, on the thitieth 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 2 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 appur tenances, 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 his said last will and testament, and And the jurors aforesaid, on their oath aforesaid, further say that the said George Clarke, late secretary 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 NewYork, 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, inthe 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 NewYork; 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 ensuing sum 1818. Jackson V. Clarke. |