DEED: Thomas Berry/Esther Berry,Transcription of Deed to son James Berry, 21 June 1763 Augusta County Courthouse, Staunton, Virginia SOURCE: Augusta Co., VA Deed Book 11, Page 242, 243, 244 CONTRIBUTOR: Carol Vass ---------------------------------------------------------------------------------------- Page 242 {Margin Notation: Examined and Delivered James Berry __ April 1765} THIS INDENTURE made the Twenty first Day of June in the year of our Lord one Thousand Seven Hundred and Sixty Three Between Thomas Berry of Augusta County and Colony of Virginia and Esther his wife of the one part and James Berry Son to the said Thomas of the other part Witnesseth that for and in Consideration of the sum of twenty five pounds Current Money of Virginia To the said Thomas Berry and Esther in hand paid by the said James Berry at or before the Sealing and Delivery of these presents the receipt whereof they do hereby acknowledge and thereof doth release acquit Exonerate and discharge the said James Berry his heirs Executors & Administrators by these presents They the said Thomas Berry & Esther have Given Granted Bargained Sold Enfeoffed Aliened Released and Confirmed and by these presents doth give grant Bargain Sell Enfeoff Alien Release and Confirm to the said James Berry and to his heirs and Assigns forever one Certain piece or parcel of Land containing one hundred and Sixty eight acres to the same more or less being the land which the said Thomas Berry purchased in fee Simple of Arthur Kennedys situate lying on both sides of Capt. Joseph Kennedys Mill Creek Within the bounds of a large tract of land Commonly Called and Known by the name of Burdens Tract in Said County of Augusta and more particularly Described and bounded as Follows Viz Beginning at a large white oak by a Small Dogwood on the East Edge of the Creek Corner to Robert Grays Land and runneth thence with his lines South Thirty Deg.s East five poles to a Post South four Degrees west nineteen poles to a white oak below a Spring head by a road South twenty eight Degrees West ninety two poles to McNutt's line to two small hiccorys Corner to Robert Grays Land North fifteen Deg.s West with Said McNutts new line to the Corner Sugar tree on the s.d Creek & thence North fifteen Degrees West two Hundred and Eighty [rest of this line unreadable] Page 243 with a line of McNutts old Survey to a white oak and an hiccory Saplin by a Dry Valley South Seventy five degrees East one hundred and Sixty poles to a hiccory and white oak Corner to Francis Beatey's Land thence with his line South fifteen Degrees East Sixty poles to a black oak and hiccory South Seventy five Degrees West twenty four poles to a two white oak Saplins Growing out of one Root South fifteen Degrees East fifteen poles to a Walnutt by the fork of said Creek in Said Beatey -- line and thence down the Several Courses of the said Creek to the Beginning and all Houses Buildings Orchards Gardens Inclosures Improvements woods Trees Marshes Swamps Meadow Ways Waters Water Courses Easments Profits Commodities Hereditaments and Appurtenanus hereto Belonging in any wise --Appurtaining and the Reversion and Reversions Remainder and Remainders Rents Issues & Profits thereof and also all the Estate Right Title Interest use trust property claim and Demand whatsoever of them the said Thomas Berry and Esther Either in law or Equity of in and to the said premises and all Deeds Records Evidences and writings touching or in any wise Concerning the Same TO HAVE AND TO HOLD the said Described one hundred and sixty eight acres of Land Hereditaments and Premisses be the same more or less and -- all and Singular other the Premises hereby --Given and Released and every Part Parcel and Member thereof with their parts Priviledges Incomes Advantages and Appurtenances unto the said James Berry his heirs & Assigns forever to the only Proper use and Behoof of him the said James Berry and of his heirs and assigns forever and they the said Thomas Berry and Esther for themselves their heirs Executors and Administrators doth Covenant Promise and Grant to and unto the said James Berry and his heirs and assigns by these presents that they the s'd Thomas Berry and Esther have and done Committed or Suffered any act Matter Cause or thing whatsoever whereby the said one hundred and sixty eight acres of Land Hereditaments and Premises or any Part Parcel or Member thereof are is may or shall be Impeached Charged or Incumbred in Charge Estate or otherwise however and that the s.d Thomas Berry and Esther have good and sure power and lawfull and absolute authority to grant and convey the same to the said James Berry his heirs assigns in Manner and Form afores.d And Further that the said James Berry and his heirs and assigns Shall and may forever hereafter -- HAVE HOLD USE OCCUPY POSSESS and Enjoy the said Described one hundred and Sixty eight acres of Land Hereditaments and Premises without any let hindrance Disturbance or Molestation Whatsoever of them the said Thomas Berry and Esther their --heirs or assigns or any other Person or Persons whatsover Lawfully Claiming from by or and him them or Either of them and that the said Premises now at the time of Sealing and Delivering of these Presents are free and clear and freely and Clearly Acquited and Discharged of and from all arrearages of Quit Rents and Incumbrances whatsoever/the Quit Rents hereafter to grow due and payable to our Sovereign Lord the King his heirs and Sucessors for and in Respect of the said premises only excepted and -- proposed AND LASTLY that the said Thomas Berry and Esther and their heirs all and singular for the primeses here by Granted and Released with their and every of their -Appurtunances unto the said James Berry his heirs and assigns against them this said Thomas Berry and Esther and their heirs and all and Every other person and persons whatsoever Shall and will warrant and - forever Defend by these presents IN WITNESS whereof the said Thomas Berry and Esther his wife have hereunto set their hands and affixed their Seals the Day month and year first above written. SIGNED SEALED & DELIVERED IN PRESENCE OF Alexander McNutt Thomas Berry (L.S) Jas. McNut Thomas Berry Jun.r Esther Berry (L.S.) At a Court held for Augusta County Ju__ 21st 1763 Page 244 Thomas Berry and Esther Berry his wife She being first privately examined a acknowledged this their Deed of Feoffment to James Berry which is Ordered to be Recorded. Teste: John Madison ****************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ******************************************************************