Allen/Burke/Miller Indenture, 1816 - Essex Co. VA Deed book 39. 1812- 1819 pages 256/257. Indenture between James Allen, Jr. and Graves Burke and Richard Miller This Indenture made this 15th day of July 1816 between James Allen, Jr. of the first part Graves Burke and Richard Miller of the second part and Thomas Allen of the third part Whereas the said James Allen is justly indebted to the said Thomas Allen in the sum of five hundred and fifty pounds due as a part to Benjamin Blake as surity for the said Allen and other debts due for the year of 1807 with interest thereon as by a bill penal bearing dates the first day of January 1807 for a part of the said claim and the claim of Benjamin Blake assign to John Jones for the sum of two hundred pounds with interest from the date which the said James Allen is willing and desirous to secure. Now this Indenture witness that for and in consideration of the premises and also for the further consideration of one dollar to be said Allen in hand paid by the said Graves Burke and Richard Miller the receipt whereof is truly acknowledge the same being paid at and before the sealing and delivery of these presents hath bargained and sold and by these doth bargain and sell unto the said Thomas Allen his heirs Executors and Adminstrators forever the ballence of my estate willed to me by Thomas Allen deceased, both real and personable that is now in the hands of my mother Elizabeth B. Allen. To have and to hold the said land and negroes unto the said Graves Burke and Richard Miller their executors admin' and assigns forever and the said James Allen for himself Executors and administrators doth hearby covenant promise and assure to and with the said Graves Burke and Richard Miller their heirs executors admin' and assigns forever in manner and form following to wit that he the said James Allen his heirs executors admin' shall and will warrent and forever defend the said estate devised to him by will of his farther Thomas Allen, dec'd. Graves Burke and Richard Miller their heirs, executors, admin' and assigns against the claim or claims of all and every person whatsoever upon trust neverthelest the said Graves Burke and Richard Miller their heirs, executors, admin' or assigns shall permit the said James Allen to keep the said property until the first day of August next and if a default in the payment of this said five hundred and fifty pounds then to be made wheather in whole or in part or the interest which may be due thereon that then the said Graves Burke and Richard Miller their heirs, executors, admin' or assigns shall so soon as they may be there unto required by the said Thomas Allen his executors admin' after having previously advertised for ten days the time and place of sale proved to sell at public auction to the highest bidder for redy money the said interest of bond and negros devised to the said James Allen by Thomas Allen dec'd in the hands of Elizabeth B. Allen after her death and out of the money arising from such sale shall after pay cash charges and all expenses of this trust pay to the said Thomas Allen his executors, or admin' the said sum of five hundred and fifty pounds with the interest that may have accrued there on and the ballance if any shall pay to the said James Allen his executors or admin'. but if the whole of the said five hundred and fifty pounds with interest that may be due thereon shall have been paid off and discharged on or before the first day of August 1816 then this Indenture and everything herein contained to become void or elect to remain in full force and virtue. Whereof the parties have hereunto set their hands and seal this day and year hearin first above written. Jas. Allen, Jr. seal Thos. Allen. seal signed sealed and delivered. In presence of James Dix, Addison Allen, Caty B. Allen. Tappahannock, Essex Intervening Court held 13th day of July 1816. This Indenture of trust between James Allen, Jr. of the first part, Graves Burke and Richard Miller of the second part and Thomas Allen of the third part, and bearing at present only the signatures of the said James Allen, Jr. and Thomas Allen was acknowledged by the said Thomas Allen to be his proper act and deed, and proved by oaths of James Dix and Addison Allen two of the subscribing witnesses thento as to the said James Allen, Jr. Whereupon the said deed was ordered to be recorded as to the said Thomas Allen and certified and continued for further proof as to the said James Allen. Teste. Wm B. Matthews. clerk Tappahannock, Essex County Court Office. 13th February 1817. This deed was acnowledged by James Allen to be his proper act and deed and admitted to record as to him. Teste. James R. Micou. D.clerk Wm. B. Matthews. clerk Submitted by Joan Stubbs **************************************************************** 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. Files may be printed or copied for personal use only. ****************************************************************