- That Elisha Stephens, late of the County of Accomack, departed this life on the ____ day of Dec. 1800, seized in fee simple of the lands in the declaration mentioned; that on the ____ day of ____ 1799, he duly made and published his last will & testament which was proved on the 29 Dec. 1800; that the unborn child referred to in said will was born after the date of the said will and was called Sally; the said Damey Stephens referred to in said will departed this life an infant without issue in the year 1802, leaving her mother Sally and her sister the said Sally Stephens living; that the said Elisha at his death left no children except the said Damey & Sally, and the said Damey at her death left no brother or sister except the said Sally; that Sally Stephens departed this life about three months after the death of the said Damey, being at the time of her death an infant & without issue, leaving her mother, the said Sally Stephens, and having no brother nor sister nor the descendant of any brother or sister; that she left no grandfather or grandmother living, either paternal or maternal; the said Sally left the following paternal relations, viz: the lessor of the plaintiff, Polly Stephens, who is the only child of William Stephens, a brother of the whole blood to the said Elisha Stephens, and Hepsey Stephens the only child of Southy Stephens, a brother of the whole blood to the said Elisha; that there were no brothers or sisters of the said Elisha Stephens living at the time of the death of the said Sally Stephens, nor descendants of a deceased brother or sister, except the lessor of the plaintiff and the said Hepsey Stephens; that the said Hepsey Stephens left this Commonwealth unmarried and without issue in the year 1816, since which time she has not been heard from; that when she so left, and at the expiration of seven years thereafter, had no father, mother, brother or sister nor their descendants living, nor any grandfather, grandmother, uncles or aunts maternal or paternal living, nor any descendant of any such uncle, aunt, except the lessor of the plaintiff, who is the only child of William Stephens, a brother of the whole blood to Southy Stephens, the father of the said Hepsey Stephens; that the lessor of the plaintiff attained the age of 21 years on the 10 Feb. 1820; that after the death of the said Elisha Stephens his widow, Sally Stephens, entered into the lands in the declaration mentioned, and continues seized thereof; that the said Hepsey Stephens departed this life intestate and without issue on the 25 Dec. 1823; That Sally Parks, the widow of Elisha Stephens, was married to Elijah Parks on the ____ day of ____ 1802 or thereabouts, and that the said Elijah departed this life since the institution of this suit; that Damey Stephens in the said cause mentioned departed this life about the 1 day of Jan. 1801 instead of the time in said cause first mentioned; that at the death of the said Elisha Stephens he had other lands besides the 4 1/2 acres devised to Damey Stephens.
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