In a message dated 3/1/2004 8:25:51 AM Pacific Standard Time,
[log in to unmask] writes:


> MessageThanks; that helps a lot.  I have always known that one can transfer
> anything to anyone, even tranfer such to your dog or cat.  So, that question
> is easy.  Whether or not that child can do anything atall by way of sale,
> further transfer, or disposition is still a very different question.  To that
> query, I think the answer is that the child can ONLY act through an appointed
> guardian or court order.
>

Hello Everyone,

As the person who began this particular query, I'll recap by saying I was
curious whether you all thought that the Samuel Bentley, baptised in 1719, No.
Farnham Parish, Richmond Co. could also be the Samuel Bentley who has a land
patent in 1734 in then Prince George Co., now Amelia Co. (Raleigh Parish).   My
assumption was that one had to be 21 to obtain a patent, and that baptisms
usually followed soon after birth.  FYI, I am still looking for more information
on the baptism question, as Samuel had a sister baptised about two years before
him, and a brother two years after him, I feel confident the parents didn't
wait until all three were what we'd now consider school age.

I was quickly disabused of the notion of needing to be 21 to be granted a
patent, though it is unclear to me whether or not this is something that can be
done independently by an under 21 year old alone.  ALL the examples given to me
had to do with patents obtained as a result of a person's will -- a
grandfather directing patents be obtained for all his grandsons, a father bequeathing
land which he had already entered but apparently not patented to an unborn
child if a son (Andrew Moorman,
see:http://homepages.rootsweb.com/~lksstarr/reports/andmrwll.txt..A patent was taken out for an Andrew Moorman in 1792).

But nevertheless...About six months following the above mentioned Samuel
Bentley obtaining his patent in 1734, he turned around and leased six acres to his
probable cousin/brother John Bentley, who I believe was then the Sexton of
the Flat Creek Chapel per Bristol Parish Records.

Here are the abstracted entries (for which I have the originals transcribed).
  Do you think Samuel Bentley would have had to have been 21 to lease a
portion to John Bentley?  FYI, I have already been told no, especially if John were
a brother who trusted Samuel Bentley not to later renounce the lease when he
turned 21.

1734 - SAMUEL BENTLEY'S (w 1784) 1734 LAND PATENT

1734- 3 Oct  Prince George {later Amelia} in 1734 == Samuel BENTLEY receives
a VA Land Grant for 400 acres s. side of the Appomatox river.  Both sides of
Pruits Creek, adjoining Joseph ECHOLS.  Book 15, p. 354.

Amelia Co., Deed book 1 page 2
 Samuel Bentley of the county of Amelia <snip>  lease unto John Bentley of
the above said county one parcel of land lying and being in the county of Amelia
on Pruits Creek. Beginning on Richard Eckholses line <snip> containing about
six acres <snip> the said John doth agree to and with the Said Samuel to pay
him One ear of corn for 2 Year rent in acknowledgment of the said land to be
paid yearly upon demand every Christmas Day <snip> In witness whereof the
parties above I have hereunto set their hands and seals this -Day of July 1735.
James Clark John Forguson Samuel Bentley.

FYI, I am not necessarily looking for definitive answers.  I am looking for
the judgments of other researchers if presented with this information.

Best Regards,
Janet (Baugh) Hunter

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