Joseph Wilkison and Family to Landon Carter - Lease - Frederick County, Virginia *********************************************************** Submitted by: Clara Lawver Date: January 2008 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm *********************************************************** Please note, transcription is wide because line breaks are same as original document. Images of the original document available at the archives: http://www.usgwarchives.net/va/frederick/land/wilk-cover.jpg http://www.usgwarchives.net/va/frederick/land/wilk1.jpg http://www.usgwarchives.net/va/frederick/land/wilk2.jpg http://www.usgwarchives.net/va/frederick/land/wilk3.jpg http://www.usgwarchives.net/va/frederick/land/wilk4.jpg http://www.usgwarchives.net/va/frederick/land/wilk5.jpg http://www.usgwarchives.net/va/frederick/land/wilk5a.jpg http://www.usgwarchives.net/va/frederick/land/wilk6.jpg http://www.usgwarchives.net/va/frederick/land/wilk6a.jpg http://www.usgwarchives.net/va/frederick/land/wilk7.jpg Personal Papers, Fairfax Family Proprietary Papers, 1688 -1810. Accession #24062 Folder 40, Lease for three Lives. Landon Carter of Richmond County to Joseph Wilkinson, dated 27 November 1749 Carter To Lease Wilkinson A Copy This indenture made the 27th day of November in the year of our lord one thousand seven hundred and forty nine. Between Landon Carter of the County of Richmond esq on the one part and Joseph Wilkinson Planter on the other part Witnesseth that the said Landon Carter for and in Consideration of the rents and Covenants herein after reserved and on the part of the said Joseph Winkinson mentioned to be paid and performed hath demised granted set and to form letter and by these presents Doth demise grant set and to form letter unto the said Joseph Wilkinson his heirs and Assigns one hundred and fifty Acres of land with the appurtenances . except all mines minerals and quarries whatsoever / lying and being in the parish of in the County of Fre- =derick on the branches of the river Opechon in the said County of Frederick being part of a tract of land of Eight thousand acres called the Shenan =doah tract and bounded as followeth . Vis . Begin- =ning at a white oak in the dividing line be- =tween the said Carter and the land of W. Ro- =bert Page a running thence along aline of marked trees No. 37..30 E. 202 poles to a parcel of stones in the outline of the original grant thence along the said line No.79.. W 176 poles to a locust tree standing in the said. Line thence So.37..30 W.130 poles to an oak corner to lott No. 44. thence along the line of the said lott So.51..E. to the beginning 2 the same being the lott No. 45 in a platt made by William Garland Surveyor of Richmond County being in all one hundred and fifty seven acres of land and no more To have and to hold the said land and premises except before excepted / to the said Joseph Wilkinson and his As- =signs for and during the Natural lives of the said Joseph Wilkinson Samuel Wilkison son of the said Joseph Wilkison xSamuelx (crossed out) / and Massey Wilkison daughter to the said Joseph and for and during the natural life and and lives of the longest liver of them.. yielding and paying therefore yearly and every year during the said term to the said Landon Carter at the dwelling house of the said Carter his heirs and Assigns the sum of forty shillings Current money of Virginia. And the yearly quitrents for the said 157 Acres the first of which payments to commence and become due on the 25th day of December which shall be in the year of our lord One thou -sand seven hundred and fifty one. And if it shall hapen the said yearly rent of forty shillings and the quitrents as aforesaid or any part thereof should be behind and unpaid by the space of Sixty days after the days and at the places appointed for the payment thereof and the same being lawfully demanded at the Messuage* of the said Joseph Wilkison or his assigns upon the demised premises and there shall not be goods and chattels of the sd.Joseph Wilkison or his assigns upon the said premises sufficient by distress to satisfy and [[Messuage: a dwelling house with outbuildings]] 3 pay the rent is in arreat that then and in that case it shall and may be lawful to and for the said Landon Carter his heirs and Assigns into and upon the said land and premises to reenter and the same to hold maintain retain and enjoy as of his or their former estate.. this indenture or any thing therein Contained to the Contrary in any wise Notwithstanding. And the said Joseph Wil kinson for himself his excr Admis or assigns doth Covenant promise and agree to and with the said Landon Carter his heirs and assigns by these presents in manner following, that is to say. That he the said Joseph Wilkison or his Assigns shall and will within three years after the date of these presents plant upon the demised premises or upon some part thereof three hundred good fruit trees whereof one third at least to be good Apple trees and the same will inclose with a good sufficient and lawful fence, and that he and they shall and will erect and build agood dwelling house twenty feet by Sixteen and a tobacco house thirty two feet by twen =ty after the manner of Virginia building. And will from time to time and at all times during the said term well and sufficiently maintain & keep all and singular the Messuages buildings and fences which are to be built or at any time during the said term shall be upon the demised Premises 4 in good and sufficient repair and at the end or sooner a determination of the term aforesaid will so yield up and leave the same to the said Landon Carter his heirs or assigns and that the said Joseph Wilkison and his Assigns shall not at any time during the said term without the leave or license of the said Landon Carter his heir or Assigns or his or their lawful Attorney or Attornies first obtained in writing work or cause or suffer to be worked the demised premises with no more than four labouring hands. that is to say such hands as are generally allowed in the Colony of Virginia to be full shares in a Crop and reckoning so in any weak hands 'for a shearer' or labouring hand as a reasonable overseer would or ought at such time to adjudge and esteem them to be and that the said Joseph Wilkison or his Assigns sHall not commit or suffer to be committed any waste upon the demised premises nor without leave obtained as aforesaid sell and dispose of or suffer any of the wood or timeber thereon to be disposed of otherwise than for the buildings and fences and necessary uses of the plantation or plantations on the demised pre- =mises. And further that it shall and may be lawful to and for the said landon Carter his heirs and Assigns his and their lawful Attorney and Attornies and his and their servants and workmen and ever of them at all times during the term aforesaid into all or any part of the demised premises. the dwelling house 5 and other houses and orchards thereupon being only excepted to enter and thereto dig search or drain for any mines of iron led Copper of other mine and have free ingress egress and digress from time to time dur- =ing the same and for carrying the same away with Carts waggons Carriages horses and oxen from time to time to the use and at the pleasure of the said Landon Carter his heirs and assigns and that the said Landon Carter his heirs and Assigns shall and may from time to time xxduringxx xxthexx xxsaidxx xxtermxx (xx denotes crossed out words) have free use of any part of the lands hereby demised except the houses and orchards afore mentioned for the laying and of the mines afore- mentioned to be gotten in the demised premises he and they from time to time making full recompence to the said Joseph Wilkison or his as- =signs for such loss as he or they shall sustain by reason of the digging carrying away or laying the Mines aforesaid on any of the demised Premises during the term hereby demised. And moreover that which ever eight of the Tenants shall by a declaration in writing under their hands adjudge apath or road needful to be made this any part of the demised premises it shall and may be lawful for the said Landon Carter his Heirs or Assigns or his or their lawvul Attorney or 6 Attornies to cause such path or road to be made and cleared by the persons desiring the same without any interruption or Molestation from the sd. Joseph Wilkison or his Assigns and for the preventing any claim or pretence or right in him the said Joseph Wilkison his heirs or Assigns the said Joseph Wilkison doth further Covenant and agree to and with the said Landon Carter at the end of the term aforesaid it shall and may be lawful for the said Landon Carter his heirs or assigns to reenter the said land and premises dem8 the same to hold again retain and enjoy as if this deed had never been made. & the said Joseph Wilkison doth further Covenant and agree to and with the said Landon Carter his heirs or assigns that if he shall at any time make a breach or failure of any part of the above Covenants that then it shall and may be lawful for the sd. Landon Carter his heirs or assigns to reenter again retain and enjoy as if this deed had never been made In Witness whereof the said Joseph Wilkison and the said Landon Carter have hereunto inter- =changeably set their hands and Seals the day and year first above written Sealed and Delivered in the Landon Carter Ls presence of William Garland Landon Carter Jr David Smith Wm. Smith John Love a. Joseph Robins John Bryan his John (A) Armstrong mark 7 At a Court held for frederick County on Tuesday the 13th day of february 1749 This lease for lives from Landon Carter esq. to Joseph Wilkinson was heard in open court by the oaths of Joseph Robins John Bryand and John . Armstrong [[??]] thereto and on the motion of the said Joseph was admitted to record teste CWood CC [[copied by marred out]] Notes: The words demise and/or devise may have been used interchangeably a conveyance or transfer of an estate. to transfer (an estate) for a limited time; lease Surname: Wilkinson: 6 times Wilkison: 13 times Winkinson: 1 time The word: messuage n. Law. A dwelling house with its out- buildings and adjoining lands. [Middle English, from Norman French, household, probably based on a misreading of Old French mes(s)nage, MENAGE.] Above definition from: The American Heritage Dictionary of the English Language, Seventh Printing (c) 1971