| Notes |
Ann Bland is likely the sister of Theodrick Bland. It appears that Robert II and Ann named one of their sons Theodrick in honor of Ann’s brother. Sons Robert III and Theodrick and daughter Elizabeth are mentioned in Robert Mumford II’s will.
Robert II’s will dated 8 September 1743 is restated in part in the case Kennon v. McRobert (1 Va. 96, 1792 WL 335 Va. 1792). At the time of his death in 1745, Robert II owned lands called Ocheneacy Island, Finney Woods, and Cargills. He also possessed an equity of redemption in a tract of land called Whitehall containing 711 acres, which had greater value at the time of his death than the Ocheneachy Island and Finney Woods land. The Whitehall land was mortgaged to Theophilus Field, one of the named executors of his will. The other executor was his son-in-law Theodrick Bland. The will names sons Robert II, to whom be gave the lands at Ocheneachy Island and Finney Woods, and Theodrick Mumford, to whom he gave the lands at Cargill on the Roanoke River conatining 690 acres. He bequeathed his wife Ann and only daughter Elizabeth the rest of his estate real and personal. Elizabeth is identifed as the wife of the lessor of the plaintiff.
Theodrick died in 1772 and Robert died in 1783. Robert III was 8 years old when his father died, placing his birth in 1737. The widow Ann remarried Currie and died in 1770. Ann and her daughter Elizabeth brought suit in Chancery to redeem the Whitehall estate and received also 830l. 16s. 4d. on that account. Tthe widow Ann and her daughter Elizabeth, along with their husbands conveyed the Whitehall etate to Theodrick Mumford for 1000 pounds, reserving the use of the moeity of the land with the houses to Mr. Currie and his wife, and to the survivor for life, and afterwards half the moeity to Mrs. M’Roberts during widowhood upon the contingency of her being widowed. No petition or severance as made between Ann and her daughter.
The suit was an action for ejectment brought by M’Roberts and his wife (appellee) against Kennon (appellant), who apparently leased property from Elizabeth’s husband. The plaintiff M’Roberts and wife claimed title to the lands of Robert Mumford II through his wife Ann, who was granted the remainder of the esate of Robert Mumford II. M’Roberts and wife claimed that the land reverted to the heirs of Ann Mumford upon the deaths of Robert II and Theodrick Mumford. The issue was whether the devise of land to Robert and Theodrick in the will without words of inheritance to describe the estate being granted (e.g., in fee simple) conveys a life estate or an estate in fee simple. The district court ruled that the grant of lands in the will without words of inheritance to describe the estate being granted conveyed only a life estate to the sons of Robert Mumford II and ruled in favor of M’Roberts and wife. Kennon appealed. The Suppreme Court ruled that the grant of land to an heir without words of limitaitons conveys the land in fee simple and reversed the ruling of the district court.
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