Deed: Alexander Spotswood Lease to Thomas Thornton, 27 August 1746, Orange Co., VA Contributed for use in USGenWeb Archives by Marcine Lohman (Amelung), or Marcine's Genealogy http://freepages.genealogy.rootsweb.com/~celticlady/default.htm **************************************************************************** USGENWEB ARCHIVES 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net **************************************************************************** Deed: Alexander Spotswood Lease to Thomas Thornton, 27 August 1746: Orange County, Virginia ---------------------------------------------------------------------------- TRANSCRIBER'S NOTES: Illegible words are replaced with a underline _____ or notation in brackets [ ]. Suspected words are followed by a "?" or when the word is clear to read but not recognized, they are spelled exactly like they appeared. I leave it to the readers to decide what the word is suppose to be. Orange County, Virginia Deed Book 10, Pages 394-397. SPOTSWOOD TO THORNTON This Indenture made the 27th day of August in the year of our Lord One Thousand Seven Hundred and Forty Six between BUTLER SPOTSWOOD, ELLIOTT BENGES and ROBERT ROSS clerk ES of the Last Will and Testament of ALEXANDER SPOTSWOOD late of the county of Orange _____ on the one part and THOMAS THORNTON on the other part whereas the said ALEXANDER SPOTSWOOD by his Last Will and Testament bearing date the Nineteenth Day of April in the year of our Lord One Thousand Seven Hundred and Forty Duly proved and recorded in the court of this County of Orange did give during the minority _____ of his sons JOHN SPOTSWOOD or ROBERT SPOTSWOOD full power and authority unto these BUTLER SPOTSWOOD, ELLIOTT BENGOR and ROBERT ROSS as ES of his valid will jointly and severally and to the survivor of them to let and leave any of his lands (except as herein is excepted) for such term of years for the life or lives as he himself had heretofore at any time loaned? Any of his void lands in the Spotsylvania tract lying in Orange County with such covenants for renewal and ading ren [adding rent?] lives and upon such conditions and with such reservations of rents for the benefit of the said sons and either of them respectively as were in such leases by him made specified and appraised thereby declaring that all such leases and covenants therein should be valid and binding against his said sons and either of them respectively as by this Last Will and Testament (reference being there unto had) may more fully get large? appear non this indenture __imesseth that this BUTLER SPOTSWOOD, ELLIOTT BENGOR and ROBERT ROSS in and by virtue of this recited will and in pursuance of the power and authority thereby vested in them and for _____ on behalf of this JOHN SPOTSWOOD now an infant under the age of twenty one years and for and in consideration of the rents and covenants therein after mentioned [additional sentence has been added afterwards between the two lines which is too hard to read and is therefore omitted] on the part of this THOMAS THORNTON One Hundred and Fifty acres of land with the appurtenances (except all mines, minerals, and quarries whatsoever) lying and being in the _____ of Mark in the County of Orange on the north side the river Rapidanne being part of a tract of land of Forty Thousand acres granted by letters patient to this ALEXANDER SPOTSWOOD called the Spotsylvania Tract [scratch on microfilm roll - unable to read next line] are described by plot and survey there of endorsed on the back of this Indenture to have and to hold this land and premises (except as before excepted) to this THOMAS THORNTON and THOMAS THORNTON his son and for and during the natural life and lives of the longest liver [survivor?] of them yielding and paying therefore yearly and every year during this term this JOHN SPOTSWOOD his heirs and assigns Eight Hundred pounds weight of good sound merchantable or top tobacco clear of ground leaves and trash according to Law together with _____ to contain the same to be paid out of the crop which shall be made upon the demised premises provided as much Tobacco be made thereon that year and to be __ndered (rendered?) and delivered in one Hogshead weighty and proper for exportation at some convenient landing on Rappahannock River within the county of Spotsylvania the first of which Tob. payments to commence and become due on the Twenty Fifth day of December which shall be in the year of our Lord One Thousand Seven Hundred and Forty Six and if it shall happen that this yearly rent of Eight Hundred pounds weight of Tobacco or any part thereof shall be behind and unpaid by the space of sixty days after the days and at the places aforesaid appointed for the payment thereof and the same being lawfully demanded at the _____ of this THO. THORNTON or his assignees _____ upon these premises sufficient by distrup? to satisfy and pay the rent so in arrear that then and in that case it shall and may be lawful to and for the said JOHN SPOTSWOOD his heirs and assignees into and upon these lands and premises to reenter and the same to have again _____ and enjoy as of his or their former Estate this Indenture or anything therein contained to the contrary in any wise notwithstanding and this THOMAS THORNTON for himself his ES adm. and assignees doth covenant, promise and agree to givith this JOHN SPOTSWOOD his heirs and assigns by these presents in manner following, that is to say, that this THOMAS THORNTON or his assigns shall and will within four years after the date of these presents, plant upon the demised premises or some part thereof three hundred good fruit trees whereof one third at least to be good apple trees and the same will enclose within a good sufficient and lawful fence and that he and they shall and will from time to time and at all times during term will and sufficiently maintain and keep all and singular the _____ages, buildings and fences now upon or which at anytime hereafter shall be upon the demised premises in good and sufficient repair and at the end or sooner determination of the term aforesaid will so yield up and leave the same to this JOHN SPOTSWOOD his heirs or assigns or his or their lawful [scratch on microfilm roll - unable to read next line] the demised premises with more than six laboring hands, that is to say, such hands as are generally allowed in the Colony of Virginia to be full sharers on a crop and reckoning so many weaker stands for a shares or labouring stand as a reasonable overseer would or ought at such time to adjudge and esteem them to be and that this THOMAS THORNTON and his assigns shall not commit or suffer to be committed any waste upon the demised premises nor without leaves? _____ aforesaid sell and dispose of any of the wood or timber thereon to be disposed of otherwise than for the buildings, fences and necessary use of the plantation or plantations on the demised premises and further that it shall and may be lawful to and for this JOHN SPOTSWOOD his heirs and assigns, his and their lawful attorney and attorneys, and his and their servants and workmen and every of them at all times during the term aforesaid in to all and any part of the demised premises (the dwelling house and other houses and orchards thereupon being only excepted) to enter and there to dig, search or drean? For any mines of stone, iron, lead, copper or other mine and to have free ingress?, egress, and regress from time to time during this term for making his and their best benefit of the same and for carrying the same away with carts, waggons, carriages, horses, and open from time to time to the use and at the pleasure of this JOHN SPOTSWOOD his heirs and assigns and that this JOHN SPOTSWOOD his heirs and assigns shall and may from time to time have free use of any part of the lands hereby demised except the houses and orchards aforementioned for the laying any of the mines aforementioned to be gotten in the demised premises he and they from time to time making such recompence to this THO. THORNTON his assigns for such loss as aforesaid on any of the demised premises during the term hereby demised and moreover that whenever eight of the tenants shall by a declaration in writing under their hands adjudge a path or road needful to be made through any part of the demised premises, it shall and may be lawful for this JOHN SPOTSWOOD his heirs or assigns or his or their lawful attorney or attorneys to cause such path or road to be made and cleared by the persons desiring the same without any interruption or molestation from this THOMAS THORNTON or his assigns and this BUTLER SPOTSWOOD, ELLIOTT BENGER and ROB. ROSS for on behalf of this JOHN SPOTSWOOD and ROBERT SPOTSWOOD respectively and their heirs respectively and do covenant, promise, grant, and agree to and with this THOMAS THORNTON and his assigns by these presents that if this THOMAS THORNTON and THOMAS THORNTON or other of them shall happen to depart this life before the twenty fifth day of December which shall be in the year of our Lord One Thousand Seven Hundred and Seventy Five that then and in such case this JOHN SPOTSWOOD or ROBERT SPOTSWOOD respectively or their heirs respectively shall and will grant ["_____ demise" written above line.] the hereby demised premises to this THOMAS THORNTON and his assigns under the like covenants as are in these presents contained for the life and lives of such other person or persons as this THO. THORNTON or his assigns shall nominate in the place and stead of this THOMAS THORNTON or THOMAS THORNTON so dying he this THOMAS THORNTON or his assigns paying to this JOHN SPOTSWOOD or ROBERT SPOTSWOOD respectively or their heirs respectively one years rent [sentence written above line - hard to read and omitted] for every life so new nominated shall happen to die before the twenty fifth day of December in the year of our Lord One Thousand Seven Hundred and Seventy Five aforesaid and lastly that this JOHN SPOTSWOOD his heirs and assigns shall and will warrant, defend, acquit, and discharge or otherwise will and sufficiently save and keep harmless and indemnified the hereby demised premises with their appurtenances for the yearly rent aforesaid for the term aforesaid and used on the covenants, conditions and reservations in these presents mentioned and expressed? Against him this JOHN SPOTSWOOD his heirs and assigns and against all other person and persons whatsoever lawfully claiming the same or any part thereof by from or under this JOHN SPOTSWOOD his heirs or assigns or by his or their means wright title consent and _____ default, or precurement in witness whereof this BUTLER SPOTSWOOD, ELLIOTT BENGER and ROBERT ROSS and this THOMAS THORNTON have here unto interchangeably set their hands and seals the day and year first written. Sealed and Delivered E Benger {Seal} In the presence of Rob. Ross {Seal} John Spotswood Mungo Marshall Memorandum that on the 27th day of August in the year of our Lord One Thousand Seven Hundred and Forty Six full quiet and peaceable possession and seizen of all the lands and Messuages? within mentioned was delivered according to the form and effect of the within written Indentures to the within named THOMAS THORNTON and his assigns by the within named ELLIOTT BENGER and ROBERT ROSS. Witnesses Rob. Ross E Benger At a court held for Orange County on Thursday the 27th Day of August 1746 with a memorandum of livery of seizen thereon endorsed this Indenture was acknowledged by ELLIOTT BENGER and ROB ROSS _____ parties thereto and ordered to be recorded Teste JOHN NICHOLAS _____ -------------------------------- I, Marcine Lohman, grant permission to persons or organizations desiring to use this material for non-profit and consider this my written consent for them to do so. Copyright (c) 2002 by Marcine Lohman. This copy contributed for use in the USGenWeb Archives. **************************************************************************** USGENWEB ARCHIVES 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ****************************************************************************