Deeds from Elizabeth Clothier to Benjamin Westwray
(October 23, 1736 Isle of Wight County, Virginia)
Deed Book No. 5 Part 1 1736-1741, Pages 57-60, Isle of Wight County,
Virginia
This Indenture Made the 23:d day of October Anno Domoi One thousand Seven
hundred and thirty Six between Elizabeth Clothier of the Isle of Wight County
of the one part and Benjamin Westray of the same County of the other
Witnesseth that the said Elizabeth for and in Consideration of the Sum of five
Shillings lawfull money to her in hand paid the said Benjamin Westray
the Receipt whereof and her & fully Contented and paid she doth thereby
Acknowledge and for divers other good Causes and Considerations she thereunto
hath [-page break-] hath bargain`d Sold remisd Releas'd and to farm letten and
by these presents doth Grant bargain sell demise lease and to farm let unto the
said Benjamin Westwray his heirs Executors Administrators and assigns
all that tract of Land Containing One hundred Acres be the same more or less in
the said County bounded as followeth that is to beginning at a Gum standing in
the Cyprus Swamp at the mouth of a Branch so running up the side of the to a
pine a Corner tree between Elizabeth Clothier & Mary Clothier so along the
s:d Clothiers line to a black Oak so down a line of Markd trees to the head of
a branch being the divideing branch so down the Branch to the said Swamp the
said Divident Land being part of a pattent of Two hundred thirty five acres
Granted by the Honourable Alexander Spotswood his Majesty's Governour of the
Colony as aforesaid the Sixteen day June One thousand Seven hundred and
fourteen and now by the said Elizabeth Clothier for ever Sold unto Benjamin
Westray with all Mesuages Tenements houses Orchards fields Woods Meadows
waters Water Courses to with all the Royalties of hunting hawking fishing and
fowling and Minds & Minibells(?) and Quarries and all other priviledges
Advantages & profitts Appurtenances Whatsoever to said Demise premises To
have and to hold the said Demis'd premises and every part thereof Appurtinance
to the said Benjamin Westwray heirs Executors Administrators &
Assigns from the day of the Date hereof during the Term and of three years to
be fully Compleated & Ended Yielding and paying theres... yearly On the
tenth day of December to the said Elizabeth Clothier her Executors
Administrators & Assigns One grain of Indian if it be demanded to the
Intent & purpose that by Virtue these presents and for the Statue for
transferring uses into possession the Benjamin Westwray may be in Actual
& peaceable possession of the premises before Granted and may be there by
the better enabled to accept of a Grant or Conveyance Revertion(?) heritance
thereof to him and his heirs for ever In Witness whereof the said Elizabeth
Clothier hath hereunto Set his hand and Seal the day & year above Written.
| her | |
| Elizabeth E Clothier | (Seal) |
| mark | |
Sign'd Sealed & Deliverd In the presence of us
Geo: Washington, W:m Pope, Giles Smelly
This Indenture Made the twenty third day of October Anno Dommini One thousand
Seven hundred and thirty six between Elizabeth Clothier of the Isle of Wight
County of the one part and Benjamin Westray of the Same County of the
Other part Witnesseth that the said Elizabeth Clothier for divers good causes
and Considerations her thereunto moveing but more Especially for and [-page
break-] in Consideration of twenty Barrels of good Tarr to her in hand paid
before the Sealing and Delivery of these presents to the Receipt whereof she
doth hereby Acknowledge have given granted Sold Remis'd Releas'd Aliend
Transferd Enfeoffd & Confirmd and by these presents for herself her heirs
and Assigns do give grant Sell Remise Release Alien Transfer Enfeoff and
Confirm unto the s:d Benjamin Westwray and his heirs for ever being
Already in peaceable possession of the premises by Virtue of a lease thereof
made & bearing date the day before the date of these presents all the Right
title Intrest possession claim and Demand of her the said Elizabeth Clothier of
in and to all that tract of Land Containing One hundred Acres more or less
bounded as followeth that is to say beginning at a Gum standing in the Cyprus
Swamp at the mouth of a branch so up the branch to a pine a Corner tree between
Elizabeth Clothier and Mary Clothier so along the said Clothiers line to mark'd
black Oak so running down a line of mark'd trees so down to the head of the
divideing branch so from thence down to the Swamp and then up the Swamp to the
first Station the said Divident of Land being part of a pattent for two hundred
and thirty five acres Granted by the Honourable Alexander Spotswood his
Majesty's Lieut: Gover: of the colony aforesaid the sixteen day of June one
thousand Seven hundred and fourteen and now by the said Elizabeth Clothier for
ever sold unto Ben Westwray with all mesuage Tenement houses Woods
Pastures Water together w:th the Royalties of hunting fishing and fowling and
all mines Quarries and all Other priveledges Advantage whatsoever to the said
granted premises To have and to hold the said Tract of Land and all other the
premised herein before granted bargaind and Sold & every part thereof with
all Rights Members Appurtenances thereto belonging unto the said Benja:
Westwray his heirs and Assigns for ever to the Only proper use and behoof
of him the said Westwray his heirs & Assigns for ever to be held of
our Sovereign Lord the King his heirs & Successors of the Manner of East
Greenwich in the County of Kent in fee and Common Soccage(?) yielding and
paying the Quit rents due & Accustomed to be paid for the same & the
said Elizabeth Clothier for herself her Execut: Adm: & every of them do
covenant grant & agree to & with the said Benjamin Westwray his
heirs Execut: Admin: & Assigns and every of them in manner following that
is to say that She hath a good Right full power and lawfull Authority to convey
the same in manner herein before Express'd unto the Westwray and his
heirs for ever & the said Westwray & his heirs for ever
hereafter yielding and paying the Quit rents for same as aforesaid may and
Shall peaceable have hold Occupy and enjoy the said granted premises &
every part thereof & with the appurtenances fully freely & Absolutely
Exonerated Acquitted & discharg'd of and from all manner of former &
other bargains Sales lifts grants Estates Rents Releases & of and from all
Joynters Dowers Statues Recognizance Bridgments Executions forfeitures [-page
break-] tures Seisures Issues Extents Escheats & all other charges Titles
troubles Incumbrances and Demands whatsoever have made Committed Suffer'd
Acknowledg'd Executed or done or hereafter to be Acknowledg'd had made
Committed suffer'd Executed or done by her the s:d Elizabeth Clothier her heirs
Execut: Administ:or or Assigns & free and clear of and from any lets(?)
Such troubles or charge whatsoever of or by the said Clothier her heirs
Executors Administrators and Assigns that the said Elizabeth Clothier her heirs
Execut: Ad:rs all & Singular the herein before granted premises with the
Appurtenances unto the said Benjamin Westwray his heirs and Assigns
shall full warrant & for ever defend by these presents against her the
said Eliz:th Clothier her heirs Execut: Adm: and Assigns & every of them
& lastly that from time to time & at all times within Seven years next
coming the s:d Eliz:th Clothier her heirs and Assigns & every of them at
the Reasonable Request and Changes in Law of the said Benjamin Westwray
his heirs Execut: Administrators or assigns or either of them shall will
Acknowledge & perform all & every Such further and other acts
Conveyance & Confirmation in law for the better assurance & Sure making
of the premises before granted with the Appurtenances unt Benj: Westwray
& his heirs for ever as by the said Eliz:th Clothier have here unto set her
hand & Seal the day & year above Written
| her | |
| Elizabeth E Clothier | (Seal) |
| mark | |
Sign'd Seald Deliver'd in presence of us
Geo: Washington, W:m Pope, Giles Smelly
At a Court held for Isle Wight County Octo: 25:th 1736
Elizabeth Clothier came into Court presented and Acknowledgd her Deeds of lease
and Release unto Benjamin Westwray and they are Admitted to Record
Test James Baker Clk Cur
Vera Recordatur Test Ja:s Baker ClCur
Transcribed by Michael Wester