Is John BEVERLEY, son and heir of Major Robert BEVERLEY of Middlesex County, Viginia, the same John BEVERLEY who died testate in Bertie County, North Carolina about 1738?


Many, including myself, have speculated that he is,
though I have never seen definitive proof.

I recently found an interesting document reprinted in Hennings Statutes at Large, Vol. VIII, pp. 227-230, which appears to verify that Major Robert BEVERLEY's son John died without any male heirs.

I submit the text of that document here for your perusal.
November 7th, 1766 -- George III

An act to dock the entail of certain lands, whereof Robert Beverley, esquire, is seized, and for settling other lands of greater value to the same uses.

   I. WHEREAS Robert Beverley, the elder, of the county of Middlesex, gentleman, deceased, was in his life-time seized of a valuable estate in lands, commonly called and known by the name of Beverley Park, situate in the parish of Drysdale in the counties of King and Queen, and Caroline, containing seven thousand six hundred acres, and being so seized, by his last will and testament in writing, did devise unto his son, John Beverley, and to his heirs, for ever, three thousand acres, part of the said seven thousand six hundred acres of land, and did devise other three thousand acres thereof, unto his son, Thomas Beverley, and to his heirs, for ever.  And whereas the said Robert Beverley was in his life-time seized of one other tract of twelve hundred acres of land, commonly called and known by the name of the Plain, adjoining the said tract of seven thousand six hundred acres, and bounded as by the patents, relation being thereunto had, may more fully appear; and being so seized, did, by his last will and testament, give unto the child, whereof his wife was then ensient, be it male or female, and to it's heirs, for ever, all the residue of his lands and plantations, not specifically devised in his said will; and in case the said child should die without issue, or heirs of it's body, lawfully begotten, all such lands as were not by him, in his said will expressly given, and named, he gave unto his eldest son, Peter Beverley, and to his heirs male of his body, lawfully begotten; and for want of such heirs male of his body, then to his son, Robert Beverley, and to his heirs male, lawfully begotten; and for want of of such heirs male of his body, lawfully begotten, to his son William Beverley, and his heirs for ever.  And whereas the child unborn, at the time of making the said will, proved a son, named Christopher, who, by virtue of the said will, became seized of sixteen hundred acres, the surplus of the said seven thousand six hundred acres of land, and the said twelve hundred acres adjoining thereto, being the lands, not otherwise particularly disposed of by the said will, and died so seized without issue; and Peter Beverley, the first in remainder therin named, being before dead without issue male; William Beverley, esquire, eldest son and heir male of Robert Beverley, the second in remainder, entered into the said lands, and died seized thereof, leaving issue Robert Beverley, esquire, who is now seized thereof as tenant in tail male, and is also become seized in fee simple of the said six thousand acres, so devised to the sons, John and Thomas Beverley, as aforesaid.  And whereas the said Robert Beverley, the younger, is seized in fee simple of three thousand five hundred and fifty acres; it being one moiety of seven thousand one hundred acres of land, in the county of Culpeper, called and known by the name of Wakefield; and it will be greatly to the advantage of the said Robert Beverley, and his issue, if the said two thousand eight hundred acres of entailed lands, were vested in him in fee simple, it being contiguous to the six thousand acres aforesaid; and the said three thousand five hundred and fifty acres of land, in the county of Culpeper, being of greater value, settled in tail male, in lieu thereof: And forasmuch as notice has been published in the several churches in the said parish of Drysdale three Sundays successively, that application would be made to this present general assembly, to dock the entail of the said two thousand eight hundred acres of land, in the counties of King and Queen, and Caroline, pursuant to your majesty's intructions: May it therefore please your most excellent majesty, at the humble suit of the said Robert Beverley, that it may be enacted; And be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said tract of land, containing two thousand eight hundred acres, in the parish of Drysdale, in the said counties of King and Queen, and Caroline, be, and the same are hereby vested in the said Robert Beverley, his heirs and assigns, for ever, to his and their own proper use.  And that the said three thousand five hundred and fifty acres of land, called Wakefield, in the county of Culpeper, be, and the same is hereby vested in the said Robert Beverley, and the heirs male of his body, to pass, remain, and descend to all and every such person and persons, and for such estate or estates, and in such sort, manner, and form, as the said two thousand eight hundred acres would have reamined, gone, and descended, by virtue of the limitations, in the will of the said Robert Beverley, the elder, if this act had never been made.
   II.  Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the will of the said Robert Beverley, the elder, all such right, title, interest, claim, and demand, as they, every, or any of them, should or might have or claim, if this act had never been made.
   III.  Provided always, That the execution of this act shall be, and the same is hereby suspended until his majesty's approbation thereof shall be obtained.

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