JAMES CITY COUNTY – DEED: WILSON C. DURFEY AND SIDNEY SMITH, 1859

Submitted by Fran Florence (h.florence@worldnet.att.net)

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James City County, Deed Book I, pages 365-366, October 3, 1859

     James City County Deed Book I, pages 365-366, October 3, 1859:

Wilson C. DURFEY, representative of estate of father William DURFEY

This Deed made the 3rd day of October 1859, between "Wilson C. DURFEY and Sarah 
Jane, his wife, of the first part, and Sydney SMITH, Trustee of the second part. 
Witnesseth that the said parties of the first part for and in consideration of 
____ provisions hereinafter contained and of one dollar to them in hand_____by 
said Sydney SMITH, the receipt whereof is hereby acknowledged, have granted, 
bargained and sold, and, by these presents do grant bargain and sell unto the 
said Sydney SMITH his heirs and assigns the following property to wit: All that 
tract of land in the County of James City lying on the Road from Williamsburg to 
James Town known as "Strawberry Fields," which was conveyed to said Wilson C. 
DURFEY by the deed of Robert H. ARMISTEAD, special commissioner, dated July the 
9th, 1855, and admitted to record in the Clerk's office of the County Court of 
James City the 24th July 1855 to which deed and the papers therein referenced is 
now made for the boundaries of said land which tract contains by estimation 
three Hundred and thirty five acres, and also the following personal property, a 
Negro woman called Frances and her future increase, one gray mare, four head of 
cattle, and spring waggon, one large four horse waggon, one cart, household and 
kitchen furniture, all of the interest of every kind of the said Wilson C. 
DURFEY in the estate real and personal of his deceased father, and whatever may 
be due him from the heirs or legatees of his father, an account of overpayments 
or over credits made them or extended to them by said Wilson C. DURFEY, as the 
personal Representative of his father Wm. DURFEY deceased, or an account of 
receipts by said Wilson C. DURFEY of the rents and profits of the real estate of 
said Wm. DURFEY's Heirs, inherited from said Wm. DURFEY. In trust to indemnify 
and secure Robert Saunders, John H. BARLOW and Peter S. POWELL, as the 
securities of said Wilson C. DURFEY in his administration bond entered into 
before the Hustings Court for the City of Williamsburg, by said Wilson C. DURFEY 
and his said three sureties above named upon the qualification of said Wilson C. 
DURFEY as personal Representative of said William DURFEY for the faithful 
discharge by said Wilson C. DURFEY of his duties as such personal 
Representation.
Also to secure a bond to Edward (?) CAMM Dated Oct. 1st, 1859, for the payment 
of one hundred and sixty nine dollars & 85/100 on demand, executed by said 
Wilson C. DURFEY to said Edward CAMM. But no sale shall take place under this 
deed to satisfy said debt to Edward CAMM until said sureties in said 
administration shall be fully indemnified, or it shall be ______ ascertained 
that all responsibility on their part has been removed or discharged. Witness 
the following signatures & seals.
                Wilson C. DURFEY, (Seal)
                Sarah J. DURFEY (Seal)

City of Williamsburg to wit:
We Richard M. BUCKTROUT & John C. MERCER justices of the peace for the City of 
Williamsburg in the state of Virginia, do certify that Sarah Jane DURFEY the 
wife of Wilson C. DURFEY whose names are signed to the writing appeared before 
us in our Corporation aforesaid and being of____ by us ______ and apart from her 
husband, and having the writing aforesaid, fully explained _____the said Sarah 
Jane DURFEY acknowledged the said writing to be her act and decision that she 
had willingly executed the same and does not wish to retract it. Given under our 
Names this 14th Day of October 1859.
                Richard M. BUCKTROUT, J.P.
                John C. MERCER, J.P.

In Williamsburg Hustings Court Clerk's Office October 15th 1859___
     This day the foregoing Deed of Land was acknowledged before me in the 
office aforesaid by Wilson C. DURFEY a party hereto to be his act and deed, with 
the certificate of the privy examination and acknowledgement of Sarah J. DURFEY 
the wife of the aforesaid Wilson C. DURFEY before the justices of the peace for 
the City of Williamsburg herein endorsed, and thereupon together with the said 
certificate admitted to account.
                Teste
                Wm. C. YERBY, C.H (?) C.