- Harry Holdfast (place holder) vs Thomas Custis. That Thomas Custis was seized in fee of the lands in the declaration mentioned, and was also seized in tail of 1750 acres adjoining the said lands, and being so seized made his last will and testament dated 3 Oct. 1719, & bequeathed to his wife Ann Custis all the lands that he had with her, lying near Oak Hall, to his son John Custis the plantation whereon he then lived containing 1750 acres, being on Deep Creek. To his son Edmund Custis 1000 acres adjoining the land where he then dwelt, whereon Joseph Walker now dwells "I give all my and interest in the lands on Jengoteague & Morry's Island which was given by the last will of the Hon. John Custis of Arlington to me & my wife Elizabeth Custis, to my son Edmund Custis"; To his son Thomas Whittington Custis 300 acres on Old Plantation Creek in Northampton County; should Edmund die before coming to full age & without issue, I give the land given him to my son Thomas, & should Thomas die before full age & without issue, then my son Edmund to have the land given him. To daughter Tabitha; to daughter Sarah; to daughter Elizabeth; son John Custis (under age); To sister Tabitha Scarburgh Custis; wife Ann and friends Capt. John Bradhurst & Mr. Charles Snead & Mr. Henry Custis Executors. Sons to receive their estates at 18 and daughters at 18 or marriage. I give the first child born after this date of my wife Ann Custis 700 acres in the said county adjoining the lands of William Parker, near to Burton's Branch, which land descended to me from my Hon. grandmother, Mrs. Tabitha Hill. That the 1000 acres therein mentioned is the lands devised to his son Edmund, and the 1750 acres of land therein mentioned is the land devised to his son John by the said will; That the said Edmund Custis made his last will dated 27 Mar. 1747, in these words: "I Edmund Custis of Northampton County" &c. To his son Edmund Custis the plantation where I now live; to wife Catherine; to daughter Ann Custis. I give 800 acres of land that I have in Deep Creek to my Ex'rs. to be sold, and after the payment of my debts the residue to be divided between my wife, son and daughter; son to have 1/2 and wife and daughter the other half between them. To kinsman Hancock Custis; Should my son Edmund die without issue I give my plantation where I now live to my daughter, Ann Custis, reversion to my kinsman Hancock Custis, son of my brother John. Wife Exec. & guardian of children till they come to lawful age or marry. By which will the said Edmund devised 800 acres, part of the 1000 acres devised by his father, the testator Thomas, to be sold for the payment of debts; That the lessor of the plaintiff purchased the same of the testator's executrix as by deed dated 23 June, 1750, to-wit: This deed between John Wilkins of Northampton County, Gent., and Catherine, his wife, executrix of the last will and testament of Edmund Custis, late of the said County, Gent., her late husband, dec., to Littleton Eyre - Sale of 800 acres, being part of the aforesaid 1000 acres. The said Edmund Custis a short time before his death granted and sold unto Joshua James late of Accomack County, dec., 200 acres, part of the aforesaid 1000 acres. That the said testator Thomas' dwelling plantation whereon there stood a negro quarter, extended into the said 1000 acres as far as the defendant now claims of the said 1000 acres; That the aforesaid John Custis is eldest son & heir at law of the testator Thomas, and that the defendant is his eldest son and heir at law; That the defendant Thomas agreed with the lessor of the plaintiff that the plaintiff and a certain John Wilkins, who intermarried with the widow & Exec. of the said Edmund Custis, on the 30 day of November, 1749, to run the division between the said 1750 acres and the 1000 acres of land agreeable to a deed from John Custis and Tabitha his wife to the aforesaid Thomas Custis, for the said 1750 acres, which deed is in these words ------ John Custis, Sr., of the County of Northampton, Esq., & Tabitha, his wife, to "our well beloved nephew & grandson Edmund Custis, of the county of Accomack, Gent. & Tabitha, his now wife, our grandaughter, & their children after them" - Deed of Gift - All that tract of land where the said Edmund and Tabitha now live, situate at Deep Creek containing 1750 acres on the North East side of Deep Creek, & bounded on the Southern parts therewith, on the North West by a point of marsh facing the bay; on the North Eastward by a part of a little creek called Drummond's Creek and a line of marked trees drawn from the said Drummond's Creek South; South East half a point, Easterly 342 poles unto a corner tree marked at the western corner of the land formerly belonging to William Gower, and from thence on the South Eastern side by a line of marked trees drawn S. W. by West 508 poles unto Deep Creek, including in the said 1750 acres all the marshes, necks & branches within the aforesaid bounds, being 1/2 of 3500 acres more or less granted by patent to the said Tabitha, now the wife of the said John Custis, Sr., & her sister, Matilda Scarburgh, now the wife of Col. John West, both the daughters of Col. Edmund Scarburgh, dec., patent dated 29 March, 1656, to the said Edmund & Tabitha for and during their natural lives, and after their decease to their son Thomas Custis and the heirs of his body, and in default of such heirs to the next heir or heirs of their bodies, and if all such as are before mentioned are extinct, then to the next heir or heirs of the said Tabitha, now the wife of the said Edmund, male or female, and in failure of them to our grandson Smart Whittington, son of William Whittington, Gent. & brother of the said Tabitha Custis, wife of the said Edmund Custis, during his natural life, and then to his heirs male, and for want of such heirs to our grandson John Custis, the son of John Custis, Jr., of the County of Northampton aforesaid, Gent., & his heirs, and for want of such issue to the heirs of the said John Custis, Sr. That the defendant, together with the plaintiff's lessor, and the said Wilkins employed Edmund Scarburgh, Surveyor of the County of Accomack, to run the said line the next day, and for which the said defendant agreed and hath since paid the surveyor 2/3 of the fees, but on meeting the next day to complete the agreement the defendant told the plaintiff's lessor & the said Wilkins that the Surveyor might run the line, but that it would not be binding upon him. That Edmund, son of the testator Thomas, at the time of making his last will was of lawful age, and left issue; that the testator Thomas' son, Thomas Whittington Custis, to whom the remainder of the aforesaid 1000 acres was given in case of Edmund's death under age or without issue, was brother and died an infant.