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December 2004

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From:
nelhatch <[log in to unmask]>
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Date:
Sat, 11 Dec 2004 18:31:13 -0700
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HATCHER website: http://homepages.rootsweb.com/~nhatcher/faq.htm
HATCHER DNA project: http://homepages.rootsweb.com/~nhatcher/hatDNA.htm
Researching: Cook, Hall, Hatcher, Miller, Shepherd, Timberman
"Genealogy without Documentation is Nothing" - Paul Drake

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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