Ms.Nel:  As I see it, tis is not a will, and there is no contained answer to your precise question here.  

IF YOU HAVE SET FORTH THE ENTIRETY OF THE DOCUMENT, this is a simple provision by which this landowner created a lease for a term of years, that lease term ending at the at the death of the last survivor of those three individuals.  

At any time after the death of the others, the termination of that lease also could be brought about by the last survivor (with the consent of Taylor), should that survivor choose to do so.  The age of the son at the date of the document is irrelevant to the determination of the term, since the death of the parties is but a measure of lease term and not of their capacity to contract.  Paul      
  ----- Original Message ----- 
  From: nelhatch 
  To: [log in to unmask] 
  Sent: Saturday, December 11, 2004 7:31 PM
  Subject: Question about a will.........

  Hi All,

  Several of us are debating the age of son, Samuel Bowling, in the following
  record. I believe he should be an adult but another believes he could be a
  minor, based on the use of the term "longest liver" and a definition of
  "longest liver" as he explains it:
  "It is my understanding that in Virginia the phrase: longest liver was used
  at times to include an underage child.  I believe that was explained in the
  Magazine of Viginia Genealogy."

  And my belief is that if Samuel were a minor whose parents died before he
  reached 21, he could walk away from any legal responsibilities as outlined
  in this record. This also appears to be some sort of life-time lease where
  Samuel, if he's a minor, seems to be tied into a legal responsibility
  without his consent.

  This is the record in question:

  Indenture 24 Aug. 1749:  Between George Taylor, Gent., of Orange County and
  William Bowling of same...in consideration of covenants hereafter mentioned,
  hath granted to farm lett...one plantation containing 57 acres, it being the
  land formerly belonging to William Donathan on which Francis Hensley lately
  lived.  To hold during the natural lives of the said William Bowling, Anne,
  his wife, and Samuel Bowling, his son, or longest liver...paying on 5 Dec.
  500 pounds of Tobacco...also every year, first day of Febraury one fat hen,
  capon, or pullet and delivering it at the dwelling house of George Taylor...
         George Taylor
  Witnesses:  Matthew Hubbard, William Isbell   Recorded Orange County 28th
  November 1751

  What say you? Adult? Or minor?

  Thanks bunches!
  Nel Hatcher

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