Deed from Benjamin and Elizabeth Westwray to John Westwray (October 25, 1740 Isle of Wight County, Virginia)

Deed Book No. 5 Part 2 1736-1741, Pages 579-581, Isle of Wight County, Virginia

This Indenture Made the 25th of October in the year of our Lord 1740. and in the fourteenth year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain &c King Defender of the faith Between Benjamin Westroway and Eliz:a his Wife of the Isle of Wight County and Colony of Virginia of the one part and John Westroway of the same County and Colony of the other part Witnesseth that the said Benj:a Westrow for and in Consideration of four pounds Current money of this Colony to him in hand paid before the sealing and Delivery of these presents by the said John Westroway the Receipt whereof he the said Benjamin Westroway Doth hereby acknowledge and hereof and Every part & parcel thereof doth hereby likwise acquit Exonerate and Discharge the said John Westroway his Heirs ExTors. Admors. and assigns and Every of them and by these presents he the s:d Benj:a Westroway and Eliz:a his Wife hath given granted Bargained Sold Aliened Enfeoffed Confirmed and by these presents Doth give grant Bargain alien Enfeoff Sell and Confirm unto the said Jn:o Westroway his Heirs & Assigns for Ever a certain Tract or parcel of Land being part of a pattent granted to William Westroway for 750 Acres Bearing Date the 26th of Septemb: 1664. Begining at the run of the main Swamp so up the branch Called the middle branch to the head so to the line of the pattent then up the line to the Corner Tree then Turning towards the Swamp to a prong of the branch Called Phillips Spring branch so down the branch to the Swamp then Down the run of the swamp to the first station Including one Hundred Acres more or less with all the rights and members and appurtenances thereof with all the Houses Orchards gardens woods & underwoods Timber & Trees Swamps and Marshes water and water Courses and all other liberties & previledges therein or thereon contained To Have and to Hold unto the said John Westroway his Heirs & Assigns to the [-page break-] to the only use and Behoof of the said John Westroway his Heirs and assigns for Ever. And the said Benj:a Westroway for himself his Heirs & Extors. Admors & Every of them Doth Covenant promised grant and agree to and with the said John Westroway his Heirs & assigns by these presents in manner and form following, that is to say, that the said Benjamin Westroway and Eliz:a his Wife hath in themselves good eight and absolute power and authority to sell assign the hereby granted Land and premises unto the s:d John Westroway his Heirs &c: and Every of them shall or Lawfully may from time to time hearafter peaceably and quietly Have Hold occupy possess and Enjoy the s:d Land and premises with all and singular the appurtenances without the let suit or Trouble Denial Disturbance molestation or Interruption of the s:d Benjamin Westroway his Heirs & assignes or any of them or of or by any person or persons w:tsoever laying lawfull claim thereunto or any part or parcel thereof and that the s:d Land & premises with all and Singular the Appurtenances shall remain Continue and be unto the s:d John Westroway his Heirs &c free and freely Clear & Clearly acquted Exonerated and Discharged of and from all manner of former and other gifts, grants, Bargains, Sales, uses, Leases, Will, Entailes, Titles, Annuitys, Judgments, Bonds, forfitures, Rents, and Arrearages of Rents, and all other incumbrances of what nature or kind soever. And also the s:d Benjamin Westroway his Heirs &c shall from time to time and at all times hereafter within the space of Seven years next ensuing the Date hereof make any further or other reasonable act Conveyance assurance or Devise which the s:d John Westroway his Heirs and assigns or any of their Council learned in the Law shall devise or advise for further and better assurance and more perfect assuring conveying and Establishg [-page break-] Establishing the said Land and premises unto the s:d John Westroway his Heirs & assigns to the proper use and Behoof and Benefit of the s:d John Westroway his Heirs & assigns for Ever. In Witness whereof We the s:d Benjamin Westroway and Eliz:a his Wife hath hereunto set our hands and fixt our seals the day and year above Written.

Benj:a Westroway (Seal)
her
Eliz:a E Westroway(Seal)
mark

Signed Sealed & Deliv:d and livery & seizen(?) given & Received upon the Land above specified by Twigg & Turf in the name of the whole To have and to hold unto the said Jn:o Westroway his Heirs & assigns according to the perport Tenour and Effect of the above Written Deed.
Test William Eley, Henry Joyner, David Burn

I hearby acknowledge to have received full satisfaction from the within named John Westroway for the Consideration money mentioned in the within Deed In Witness whereof I have hereunto set my hand this 25th of October 1740.   Benj:a Westroway
Test William Eley, Henry Joyner, David Burn

At a Court held for Isle of Wight County Jan:y 26th 1740

Benjamin Westwray and Elizabeth his Wife came into Court presented & Acknowledged their Deed of Bargain & Sale unto John Westwray and the s:d Elizabeth being first privately Examined relinquished her right of Dower in the Lands Comprised in the s:d Deed which is Ordered to be Recorded.   Test James Baker ClCur

Truly Recorded by Ja:s Baker ClCur


Transcribed by Michael Wester