This Indenture made the seventh Day of November in the Year of our Lord Christ,
One Thousand, seven Hundred, and fifty one, and in the twenty fifth Year of the
Reign of our Sovereign Lord King George the second, Between John Westray the
Younger of Isle of Wight County and Ann his wife of the one Part,
and David Atkins of the same County, and Susannah his Wife of the other Part
[-page break-] Part, Whereas Robert Exum late of the same County deceased died
seised of two certain Tracts or Parcels of Land, each of which said Tracts or
Parcels of Land, Contains One Hundred Acres, or thereabouts, with the
Appertinances lying, and being, in the Parish of Newport in the County
aforesaid, which were devised to him, and the Heirs of his Body, lawfully
begotten, by the last Will and Testament, of William Exum deceased, proved and
Recorded in the Court of the said County of Isle of Wight the Twenty second
Day of August, One Thousand seven Hundred and Twenty, leaving Issue the said
Ann and Susannah, his Daughters and Coheirs, to whom the said Lands
descend, and the said John Westray and Ann his Wife, and David
Atkins and Susannah his Wife are now siesed of the said Lands, in
Coparcenery(?), and they being minded and agreed, that the said Premises shall
be equally devided and that a just Partition thereof by Consent may be made
between them, so as each of them the said John Westray, and Ann
his Wife and David Atkins and Susannah his Wife may have their own Part and
Portion, in Certainty and Severalty, they have by mutual Consent made full and
perfect Division, Seperation, and Partition of the said Lands and Tenements,
with the Appertinances in Manner and Form following, that is to say, that they
the said John Westray and Ann his Wife shall have hold and injoy
to them and the Heirs of the Body of the said Ann lawfully begotten in
Severalty and her equal Moity Part and Portion of the said Premises, all that
Tract, piece, or Parcel of Land and Premises where Robert Exum Father of the
said Ann and Susannah formerly lived, Containing One Hundred Acres or
thereabouts, And that the said David Atkins and Susannah his Wife shall have
hold and injoy to them and the Heirs of the Body of the said Susannah lawfully
begotten, in Severalty, as her equal Moity Part and Portion of the said
Premises, all that Tract, piece, or Parcel of Land and Premises lying between
the Lines of Col:o William Roscow, and the Lines of Joseph Wombwell and Mary
Exum. Now this Indenture Witnesseth That the said John Westray and
Ann his Wife, and David Atkins and Susannah his Wife, are fully
satisfied [-page break-] satisfied. contented, and agreed with the said
Partition and Division so made as aforesaid, and do hereby for themselves
severally and their several Heirs, assent, consent, and agree, unto the same
accordingly, and for a sure Confirmation and Ratification of the said Partition
and Division so as aforesaid made, and for avoiding all ambiguitys, Doubts,
Variances and Contentions, which might hereafter chance to arise touching and
concerning the same. It is hereby Covenanted, Granted, Promised, and Agreed by
and between the said Partys to these Presents, for them their Heirs, Executors,
and Administrators in Manner and Following. That is to say, that the said
Partition and Division of the Premises, so made as aforesaid, shall be and
innure and shall be adjudged, deemed, and taken, to be as good effectual, and
available, in the Law, to all Intents and Purposes whatsoever, as any Division
or Partition, might or could have been made in any Manner or Ways whatsoever
and howsoever And the said John Westray and Ann his Wife for
themselves their Heirs, Executors and Administrators, Do Covenant, and grant,
to and with the said David Atkins and Susannah his Wife, and the Heirs of the
Body of the said Susannah lawfully begotten by these Presents, That they the
said David Atkins and Susannah his Wife, and the Heirs of the Body of the said
Susannah lawfully begotten and their Assigns, shall and may at all Times
hereafter have hold and injoy, from the said John Westray and Ann
his Wife and their Heirs devided in Severalty and not in Jointure for the said,
Susannahs full Moity, Purpart and Portion of all the Lands and Premises
aforesaid so devised by the said William Exum to the said Robert Exum, and from
him descended to the said Ann and Susannah, and in full Recompence and
Satisfaction thereof and of evry Part thereof all and singular the said Lands,
and Premises, with the Appertinances above in and by these presents Recited,
allotted and set forth, or meant or expressed, to be allotted and set forth,
for the Moity, Part, Purport, and Portion of the said Susannah And the said
David Atkins and Susannah his Wife, for themselves their Heirs, Executors, and
Administrators, Do Covenant and grant to and with [-page break-] with the said
John Westray and Ann his Wife and the Heirs of the Body of the
said Ann lawfully begotten by these Presents, That they the said John
Westray amd Ann his Wife and the Heirs of the Body of the said
Ann lawfully begotten and their Assigns shall and may at all Times
hereafter, have hold and jnjoy from the said David Atkins, and Susannah his
Wife, and their Heirs devided in Severalty and not in jointure for the said
Amys full Moity Purpart and Portion, of all the Lands and Premises aforesaid
so devised by the said William Exum to the said Robert Exum and from him
descended to the said Ann and Susannah, and in full Recompence and
Satisfaction thereof and of eviry part thereof all and singular the said Lands,
and Premises, with the Appertinances above in and by these Presents, recited,
allotted and set forth, or meant or expressed to be allotted and set forth for
the Moity, Part, Purpart, and Portion of the said Ann.
In Witness whereof the Partys to these Presents have hereunto interchangably
set their Hands, and affixed their Seals the Day and Year first within written.
Sealed and Delivered in Presence of
| John Westray | (L.S.) |
| her | |
| Ann o Westray | (L.S.) |
| Mark | |
| his | |
| David A Atkins | (L.S.) |
| Mark | |
| her | |
| Susannah o Atkins | (L.S.) |
| Mark |
At a Court held for Isle of Wight County November 7:th 1751
John Westray the younger and Ann his Wife, David Atkins and Susannah his Wife personally and severally came into Court and acknoledged their Indenture of Partition between them made, and the said Ann and Susannah having been first privately examined also acknoledged the same, which said Deed together with the said privy Examination is Ordered to be Recorded.
Test ... Baker ClCr(?)