Smelly/Burt Deed, 1746 -Isle of Wight Co. VA Deed Book 7, Pages 374-378 This Indenture made the 13th Day of November In the Year of our Lord Christ One Thousand Seven Hundred & forty Six, Between Robert Smelly and Rebeckah his Wife and Thomas Smelly & Martha his Wife of the County of Isle of Wight of the one Part and William Burt of the County of Warwick of the other part ~ ~ Witnesseth That they the sd Robert Smelly & Rebeckah his Wife and Thomas Smelly and Martha his Wife for and in Consideration of the Sum of Eighty Pounds Current Money of Virginia to them by the said William Burt in Hand paid before the Sealing & Delivery of these Presents the Receipt whereof they the said Robert Smelly & Rebeckah his Wife and Thomas Smelly and Martha his Wife do hereby acknowledge Have Given, Granted, Bargained, Sold, Enfeofed, Remised, Released, and Confirmed and by these Presents Do Give, Grant, Bargain, Sell, Enfeof, Remise, Release & Confirm unto the said William Burt, his Heirs and Assigns forever, a certain Tract or Parcell of Land, Situate lying and being in the Parish of Newport in the aforesd County of Isle of Wight. Containing by Estimation Five Hundred Acres be the same more or less. Part thereof being part of a Patent Granted to William Joiner bearing Date the 20th day of September 1683. And William Joiner, and Abraham Joiner (Sons of the aforesaid William Joiner) Exchanged the same with Robert Smelly Deceased, by a Deed thereof Recorded the 9th June 1708. The other part being a Patent for Two Hundred Acres Granted to John Mackmiell the 28th day of October 1697. And the sd Mackmiell Conveyed the same two Hundred Acres to John Cotton by a Deed recorded the 9th day of April 1701. And the said Cotton Conveyed the same to Robert Smelly by a Deed Recorded the 10th Day of February 1706. Fifty Acres part of the above Five Hundred was given & Devised by the Last Will & Testament of the above Robert Smelly (Recorded the 27th Day of Jamuary 17340 to his Son the aforesd Thomas Smelly. And the Remainder being four Hundred & fifty Acres was likewise given and Devised by the said Robert Smelly to his Son the aforesd Robert Smelly. As by the Several Deeds & Will above mentioned duly Recorded in the County Court of Isle of Wight aforesd. Relation being thereunto had may more fully and at large appear. The said five Hundred Acres of Land being Bounded as followeth. /Viz/ Beginning at a white Oak standing at the Mouth of Jacob Darden’s Mill Path a corner Tree between Arthur Covington Holladay thence S: 14d:E:110:Pole (Note by BJA: Presumed to read: South 14 degrees East, 110 Poles.) to a white Oak a corner Tree of John Marshall, then along John Marshall’s line 118: Pole to a pine in a Branch, then adjoining on John coggan’s Line 184: Pole to a pine a Corner Tree of Jacob Darden, then adjoining on Jacob Darden’s Line 364: pole to a pine a Corner Tree of the sd Darden’s then adjoining on the sd Darden S: 37d:W:270: pole to a Pine a Corner Tree of John Applewhaite, then adjoining on Applewhaite’s Line 66: Pole to Lightwood Stump, then adjoining on Applewhaite’s Line N: 10d:W:284: pole to a Gum, a Corner Tree of the said Applewhaite in John Hardy’s Patent, the adjoining on Hardy’s line N: 40d:W:72: pole to a Pine Tree blown Down then along Hardy’s Line N: 10d:W:50 pole to a pine a Corner of John Smelly then along John Smelly’s line East 248: pole to the first Station. And the Reversion & Reversions Remainder & Remainders of all and Singular the Premises with the Appurtenances. And all the Estate, Right, Title Possession, Claim & Demand whatsoever of them the said Robert Smelly and Rebeckah his wife and Thomas Smelly & Martha his wife of in or to the Premises or of in or unto any Part thereof, or of in or unto every Part or Parcel of the aforesaid Land & Premises. To Have & to hold the said Land and Premises with the Appurtenances and every Part thereof unto the sd William Burt his Heirs and Assigns forever. To the only Proper Use & Behoof of the Said William Burt his Heirs and Assigns forever. And they the said Robert Smelly and Rebeckah his Wife and Thomas Smelly & Martha his Wife, Do for themselves their Heirs, Executors and Administrators hereby Covenant and Grant to and with the said William Burt his Heirs and Assigns in manner and form following (That is to say) That they the said Robert Smelly and Rebeckah his Wife, and Thomas Smelly & Martha his Wife for and Notwithstanding any Act or thing, by them or by their Means, Consent, Privity or Procurement, had made Committed or done or Wittingly or Willingly Suffered to the Contrary, Now and at the Time of Sealing & Delivery of these Presents Standeth & is Solely and Rightfully Seized of the aforesd Land & Premises of Good, and Absolute and Perfect Estate in fee Simple to them and their Heirs forever. And have good Right full Power and Lawfull Authority in their own Rights to Grant, Convey and Assure the said Land & Premises, with the appurtenances, and every Part and Parcel thereof unto the said William Burt his Heirs and Assigns in manner aforesd. And that the sd William Burt his Heirs and Assigns and every of them shall and may at all Times hereafter Peaceably and Quietly, Have, hold, Use and Enjoy, all & Singular the sd Land and Premises with the Appurtenance without the Lett? Suit? Trouble or Charge whatsoever of or by them the sd Robert Smelly and Rebeckah his Wife and Thomas Smelly and Martha his Wife their Heirs or Assigns, or any other Person or Persons whatsoever Lawfully having or Claiming any Estate Interest, or thing, of in or out of sd Land and Premises or any Part thereof. And the sd Robert Smelly and Rebeckah his Wife and Thomas Smelly and Martha his Wife for rhemselves their Heirs Executors & Admrs Do further Covenant, Promise and Grant to and with the sd William Burt his Heirs and Assigns in mannere following (that is to say) That they the said Robert Smelly and Rebeckah his Wife and Thomas Smelly and Martha his Wife and their Heirs the said Land and Premises aforesd with the Appurtenances unto the sd William Burt his Heirs and Assigns against all Persons will forever Warrant and by these presents Defend. And Lastly that they the said Robert Smelly and Rebeckah his Wife and Thomas Smelly and Martha his Wife will at any Time within the Space of Seven Years after the Date hereof make any other farther Conveyance or Conveyances unto the said William Burt his Heirs or Assigns, as he or they shall be advised shall be Necessary for the more sure Conveying the aforesd Land and Premises with the Appurtenances. In Witness whereof they the said Robert Smelly and Rebeckah his Wife and Thomas Smelly and Martha his Wife have hereunto set their Hands & Affixed their Seals the day and Year first Written. Signed Sealed & Delivered } Robert Smelly {S} In Presence of } Rebeckah (her mark) Smelly {s} JA Holt. Phillip Moody } Thomas Smelly {S} Martha (her X mark) Smelly {S} Memorandum That on the 13th day of Movember in the Year of our Lord Christ, One Thousand Seven Hundred & forty six Peaceable & Quiet Possession and Seizin of the within Land and Premises was had and taken by the within named Robert Smelly and Rebeckah his Wife and Thomas Smelly & Martha his Wife & by them Delivered to the within named William Burt according to the form & Effect of the within Written Indenture. Robert Smelly In Presence of } Rebeckah X Smelly JA Holt. Phillip Moody } Thomas Smelly Martha + Smelly Reced: this 13th day of November 1746, of the above } named, William Burt the sum of Eighty Pounds Currt } Money the same being the Consideratiuon within }L 80. mentioned. As Witness our Hand & Seals the day } and Year above Written. } Test Robert Smelly {S} JA Holt, Phillip Moody} Thomas Smelly {S} Know all Men by these Presents That We Robert Smelly and Thomas Smelly of the County of Isle of Wight are held & firmly Bound unto William Burt of the County of Warwick in the Sum of One Hundred Sixty Pounds Current Money of Virginia to be paid to the said William Burt his Certain Attorney, Execrs or Admrs To which Payment well and truly to be made, We Bind our Selves our Heirs, Executors and Administrators firmly by these Presnts. Sealed with our Seals and Dated the 13th day of November 1746. The Condition of the above Obligation is such, That if the above bound Robert Smelly and Thomas Smelly their Heirs Executors and Administrators do and shall from Time to Time and all Times hereafter well and truly Observe, Perform, fulfill and keep all and every the Covenants, Grants, Articles and Agreements which on their Parts, are & Ought to be Observed, Performed, fulfilled and Kept, Particularly mentioned & Expected in one Indenture of Feofment bearing even Date with these Presents, and made or mentioned to be made between the above Bound Robert Smelly and Rebeckah his Wife, and the above Bound Thomas Smelly & Martha his Wife, of the one Part, and the above named William Burt of the other Part, in all Things, according to the True Intent & meaning of the said Indenture. Then the above Obligation to be Void. Otherwise to remain in full force & Virtue. Signed Sealed & Delivered } Robert Smelly {S} In Presence of } Thomas Smelly {S} JA Holt, Phillip Moody. } At a Court held for Isle of Wight County Novr 13th: 1746 Robert Smelly & Rebeckah his Wife and Thomas Smelly and Martha his Wife acknowledged their Deed of Feofment with Livery and Seizin and Receipt thereon Indorsed with Bond to perform Covenants to William Burt. And the said Rebeckah & Martha being both Privily Examined relinquished their Rights of Dower to the Lands mentioned in the said Deed which are Ordered to be Recorded. Test ?IA Baker ?Cl C?? Submitted by Donna Warner **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. 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