Deed: Fitzpatrick, Boyce Source: Nelson County VA Deed Bk 16, Pg 486 - 488. Contributor: Shirley Houk --------------------------------------------------- This deed made and entered into this 10th day of December 1866 between Alexander Fitzpatrick of the first part, John M. G. Fitzpatrick and Henry G. Boyce of the second part, and Behetheland S. Fitzpatrick wife of the said Alexander of the third part. Witnesseth that whereas by the last will and testament of Breckenridge Fitzpatrick late of the county of Nelson the said Behtheland S. Fitzpatrick became entitled to a negro boy slave named Rueben free from the claim of her said husband to be held and enjoyed by her in her possession with power to dispose of him by will or otherwise at her death and whereas the said Alexander Fitzpatrick has sold the said boy Reuben and appropriated the proceeds of sale to his own use which with the legal interest on the same amounts to thirteen hundred and twenty dollars. And whereas the said Behetheland S. Fitzpatrick having a contingent right of dower in the lands of said Alexander Fitzpatrick which she is willing to relinquish upon receiving a fair and equitable settlement and compensation for the same, and the said Alexander Fitzpatrick being also desirous to release his lands from the said contingent dower interest. It is therefore understood and agreed by and between the said parties that the said Bethetheland S. Fitzpatrick shall release and relinquish all right of dower in and to the following lands - To wit, fifty acres in Nelson County on Buck Creek, being the same on which the widow of Thomas Meeks now lives. One hundred and fifty four and a half acres near Walnut Grove Church in Nelson County, an improved lot at Arrington Depot containing eleven acres, fourteen acres on Tye River below Goodman Saw Mill, twenty six and a half acres in the Piney Woods adjoining the lands of Washington Campbell and others. One hundred and thirty acres on the head waters of the north fork of Tye River called the White Oak flat, four hundred and ten acres and 117 square poles sold to Albert W Harris being the place where he now lives, two hundred and fifty eight acres sold to Benjamin A. Dickinson being the place whereon he now lives, two tracts sold to William G Smith adjoining each other, one containing two hundred and eighty nine acres the other forty eight acres and is the same on with the said Smith now lives, the place sold Moses H Fitzpatrick supposedly to contain three hundred acres and is the same upon which he lives. A place sold to William H Harris supposed to contain four hundred acres joining the lands sold to Moses H Fitzpatrick, a small lot sold to Samuel Woods containing about ten acres joining the two last named tracts, a tract sold to the trusee (sic) of William Witts wife and children supposed to contain three hundred acres joining the lands of John J Witt and others, a tract containing about sixty acres sold to Col. Thos. J. Massie and joining the lands on which he lives, a lot of about nine acres sold to Dr. Albert G. Loving (Fleetwood) and is the same upon which he now lives, a lot of about four acres sold to John Spears and is the same upon which he now lives, a lot of about two acres sold to Johnson Thacker joining Dr. Albert G. Loving, a lot of about three acres sold to Fitzpatrick and Witt adjoining the same, a tract of two hundred acres sold to William W. Coffey on the headwaters of the north fork of Tye River and is the same on which he now lives, and a tract containing one hundred and eight three acres on the head waters of the north fork of Tye River which has been sold to Benjamin F. Copper. And the said Behetheland S. Fitzpatrick in consideration of a fair and just settlement to be made upon her by her said husband in lieu of her said Dower interest agrees and by these presents doth relinquish all her right in and to the aforesaid tracts and parcels of land and will furthermore join and unite with her said husband if necessary and required so to do in sepperate (sic) deeds to the purchases of the several tracts or parcels of land. And the said Alexander Fitzpatrick in consideration of his aforesaid in debtness of thirteen hundred and twenty dollars and the further consideration that the said Behetheland S. Fitzpatrick doth relinquish all her dower interest in and to the lands and lots before enumerated and doth also relinquish her right of dower in that portion of the tract of land upon which the said Alexander Fitzpatrick now lives and which he does not convey to her in this deed it being about three hundred acres divided into two tracts one at the lower and the other at the upper end of the place on which he lives, doth give grant bargain sell and convey to the said John M. G. Fitzpatrick and Henry G. Boyce and their heirs forever all that portion of the tract of land upon which he now lives lying and being within and between the following lines, to wit, a line to being in the line of John W. Witts of the land in possession of Teritia J. Bailey at the public road and running north of west to the fork of Davises Creek thence with the north fork of the same to the second bend of said creek, thence a straight line to within 25 yards of the northeast corner of a post in the ground barn (or shelter) thence to strike the road 28 years north west of a gate near the plaster house thence along said road to the branch at the foot of the hill thence a straight line to a large Chesnut (sic) oak on the side of the mountain, thence to a larger Spanish oak still higher up on the side of the mountain thence in the same direction to the line of Pleasant D. Roberts and said Alezander Fitzpatrick. And the other line beginning in the line of Albert W. Harris at or near a large Poplar on the north hill side thence a straight line now the saw mill dam up the hill and across the field to a marked chesnut tree corner, on a ridge, in the woods west of draw bars, thence to a marked chesnut fore an (and?) aft in a westerly direction thence in the same direction to Albert W. Harris line all of which aid land within the said specified lines and bounded on the south and south east by the lands of John W. Witt, and Albert W. Harris, and on the west and north west by the lands of Albert W. Harris and Pleasant D. Roberts which boundary is supposed to contain about three hundred and fifty acres together with all the household and kitchen furniture with the plantation tools and farming utensils waggons (sic) and carriages now in possession of said Alexander Fitzpatrick he conveys to the said John M. G. Fitzpatrick and Henry B. Boyce their heirs and assigns forever, upon this special trust that the said property, real and personal, shall be held for the sole and sepperate (sic) use, and as the sole and sepperate estate of the said Behetheland S. Fitzpatrick to be managed as she shall direct, and the profits appropriated to her support and the support of her family and the said parties by and with the written consent of the Behetheland S. Fitzpatrick may sell and despose of the while or any part of the said property hereby conveyed and invest the proceeds in other property, to be held for the like uses and trust. And the said Alexander Fitzpatrick agrees that his said wife, Behetheland S. Fitzpatrick shall have the power and authority to convert the said property or any part thereof by will or deed to take effect at her death to such of her issue as she may think proper and in default of such appointment the said Alexander Fitzpatrick agrees that the said property shall pass to her issue generally. And the said Behetheland S. Fitzpatrick agrees to and hereby relinquishes her right of Dower in that portion of the tract of land upon which her husband now lives which is not conveyed to her use the same being about three hundred acres and she further agrees that if the same shall be necessary and required of her that she will join in sepperate deeds conveying it to the purchasers when it shall be sold and she accepts the provisions and settlement made by this deed in full of all her dower right in the real estate herein described and full satisfaction of the debts due her for the boy Reuben. In testimony whereof the parties have herewith set their hands and affixed their seals the day and year first above written. $5 stamp annexed} Alexander Fitzpatrick {seal} John M. G. Fitzpatrick {seal} Henry G. Boyce {seal} Behetheland S. Fitzpatrick {seal} State of Virginia County of Nelson Court We Moses H. Fitzpatrick and Wm. W. Harris Justices of the peace for the state and county aforesaid, do certify that Behetheland S. Fitzpatrick the wife of Alexander Fitzpatrick whose name is signed to the writing hereto __?__ bearing date the 10th day of December 1866 personally appeared before us in the county aforesaid and being examined by us prively and apart from her husband and having the writing aforesaid fully explained to her she acknowledged the said writing to be her act and declare that she had willingly executed the same and she dose (sic) not wish to retract it given under our hands this 15th day of December 1866. Moses H. Fitzpatrick, JP William W. Harris JP ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, this document may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor or a legal representative of the contributor, AND you provide the listed USGenWeb archivist with proof of this consent. ******************************************************************