CULPEPER COUNTY VIRGINIA - DEED BOOK E File Contributed for use in USGenWeb Archives by: GaleFuller@aol.com ************************************************************************ 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. ************************************************************************ Henry and Esther Field to daughter Mary James and her children 1766 Culpeper Co., VA DB:E: pgs. 210-211 Know all men by these Presents that we Henry Field and Esther his Wife of Culpeper County and Saint Marks Parish hath ever since the Marriage of our Daughter Mary to Joseph James had Negro's in her or their Possession as a lone or Gift of the Profits and Benefit of them to her with a faithfull promise that the said negroes and their Increase should be, her Childrens but never intended to give them to her and whereas the said Negores hath this Day Increased (with themselves) to the Amount or Number of Eleven namely Dick, Judy, Hannah, Rachell, James, Mill, Fan, Kein, Filles, Janey & Sarah and it appears to us that their is sum Reason at this Time to make it known how for our Daughter property ---- in the Above Eleven Negroes and how they are to be Divided and given amongst her Children According to faithfull promise by us made to her and her Husband that is to say We Continue the Lone and we give the Use Profits an Benefit of the Above Eleven Negroes and their future Increase to our Daughter Mary for her Support and Succour during her Natural Life or Marriage to another Man and after either her Death or Marriage to Another Man that then in either Case when Compleate we fully & freely Give the above said Eleven Negroes and their future Increase Equally to be Divided amongst all her Children that then shall be Living by her present Husband Joseph James the said Eleven negroes and their future Increase when Divided each Child's part or portion we give to them and their Heirs forever and whereas it may be that some of her Children then Living may not be of full age to Act for theirselves it is our Devise that on Application made to the Court of Any of her Children that is of Age the Court to whom such Application is made I hereby Required and Impowered to Order three or more proper persons as the Said Court shall se fit to make such Division as Above said and make return of their Report to the Court and such Division, made by Virtue of such Court Order and Recorded shall be deemed taken & Granted for an equal Division and shall be definitive amongst our Grand Children that then shall be Living of our Daughter Mary by her present Husband Joseph James In Witness hereof we, have hereunto set our Hands & Seals this Nineteenth Day of November One Thousand Seven Hundred Sixty Six Not before signed interlined in second line (Marriage) H. Field (L.S.) in the eighteenth line (all) Signed Sealed and Delivered in presence of Esther Field (L.S.) Daniel Field Anne Field At a Court held for the County of Culpeper on Thursday the 20the Day of November 1766 This Deed of Gift from Henry Field and Esther his Wife to their Daughter Mary James & her Children was Acknowledged by the said Henry & Esther and Ordered to be Recorded Teste Roger Dixen Clk Joseph James indenture to Henry Field, Sr. 1767 Culpeper Co., VA DB:E: pgs. 230-231 This Indenture made the tenth day of March in the Year of our Lord One Thousand, seven hundred & sixty seven Between Joseph James of the St. Mark Parish in the county of Culpeper in the Colony of Virginia, Planter of the one Part and Capt. Henry Field of the Parish, County and Colony aforesaid, Gent of the other part, witnesseth That the said Joseph James for divers good causes and considerations him thereunto Moving, but more Especially for and in consideration of the said Henry Field Paying off and discharging two Judgments agst. me to the amount of one hundred & thirty eight pounds three shillings and two pence current money of Virginia and Three hundred & forty one pounds of nett Tobacco (Viz) Seventy five Pounds three shillings & eleven pence and one hundred and sixty three pounds of tobacco together with the sherifs Fee for serving the Execution at five H cent[?] Three Pounds fifteen shillings & three pence of the like money and Eight Pounds of Tobacco to satisfy Anthony McKettrick's judgment, as also a Judgment Confest by the said Joseph James to John Pollard for Fifty Nine Pounds of like Money and one hundred & seventy Pounds of Tobacco. Now know ye that for the Considerations aforesaid, I the said Joseph James Do assign and make Over and by these Presents do freely fully and Absolutely assign and make over unto the said Henry Field his heirs and assigns from this day the labors Benefit and profit of eleven negroes (Viz) Dick, Judey, Hannah, Rachel, Milly, James, Fanny, Keen, Fillis, Jenny, and Sarah together with seven feather Beds with their furniture, Twenty head of Cattle, one Oval Table and one Desk & Corner Cubbard, six pewter Dishes and four Dozen of plates, Twenty head of Sheep, one Waggon and four Waggon Horses with all their Harness, and one Riding Horse, four breeding Mares & three Yearling Colts, all which the benefit of the Labours of the above mentioned Eleven Negroes and all and Singular the Goods & Chattels above mentioned with all their benefit and profit. I the said Joseph James do for myself, my heirs Executors & Admin's or Assigns Covenant, Promise and agree to and with the said Henry Field aforesaid his Heirs and assigns forever that the said Henry Field his Heirs and assigns shall and May from Time to Time and at all Times forEver hereafter Have, hold, make use of and Enjoy all the Benefit and Profit of the above mentioned Negroes together with all and singular the Goods and Chattels above mentioned in as full & ample a manner as if they were Actually now in his Possession, clear and clearly Acquitted of and from all manner and former Gifts, Grants, Bargains, Sales, Mortgages, Wills, Judgments, Executions, or Incumbrances Whatsoever. Furthermore I the said Joseph James for myself, my heirs, Executors and Administrators Do Covenant and Promise at and upon the reasonable Request and at the proper Cost & Charges in the law of the said Henry Field his Heirs, and to make do, Perform and Execute any further or other Lawful and reasonable Act or Acts, thing or things, Device or Devices in the Law needful and requisite for the more perfect Apurance Selling and the sure making over to him the said Field, his heirs~and assigns as above mentioned. Provided nevertheless and it is the true intent & meaning of both the above mentioned Parties Joseph James and Henry Field in these Presents anything herein contained to the Contrary notwithstanding That if the above named Joseph James his heirs, Executors, Admor's or Assigns do well and truly pay or Cause to be Paid to the above~Mentioned Henry Field his heirs or Assigns the above mentioned sum of one hundred and thirty eight Pounds three shillings and two pence and Three hundred & forty one Pounds of Nett Tobacco with Lawful Interest on the same. Then this above written Deed or Obligation and every Clause and Article therein Contained shall be null, void & of none Effect or Else shall abide in full force and Virtue Sealed with my seal and dated the Day and Year first above Written. Joseph James (LS) Signed Sealed and Delivered in the presence of us. Benj. Roberts Henry Field jun. At a court held for the County of Culpeper on Thursday the 19th of March 1767. This Indenture of Mortgage from Joseph James to Capt. Henry Field, Gent. was acknowledged by the said Joseph [James] and ordered to be Recorded. Teste Roger Dixon, Clk