Southampton-Surry County Virginia USGenWeb Archives Deeds.....Drew, Holt & Ward to Phillips, 1765 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Deeds William WARD & wife Faith, James HOLT & wife Elizabeth, Martha DREW, & Alice (widow of John) DREW, to Benjamin PHILLIPS, indenture & memorandum dated 3 Aug 1765, proved 8 Aug 1765 [margin notes] W.m Ward &c to Phillips This Indenture made this third day of august in the year of our lord christ one thousand seven hundred and sixty five Between William Ward and Faith his his wife James Holt and Elizabeth his wife and Martha Drew which said Faith Elizabeth and Martha are the daughters and coheirs of John Drew late of the - county of surry deceased and Alice Drew widow and relict of the said John Drew of the one part and Benjamen Phillips of the parish of Southwark in the county of Surry of the other part Whereas the said John Drew was in his lifetime seised in his desmesne in fee simple of and in a certain tract or parcel of land in the parish of nottoway in the county of Southampton containing one thousand and seventy acres granted to him by letters patent and being minded to sell and dispose of seven hundred and ninety acres part thereof sometime before his death did agree with the said Benjamen Phillips party hereto for the consideration of two hundred pounds to be paid and secured to him the said John Drew his heirs and assigns to sell and convey to the said Benjamen Phillips the fee simple and inheritance of and in the afores'd seven hundred and ninety acres and to execute proper deeds for the same whenever the said two hundred pounds shou'd be bona fide paid or secured And whereas the said Benjamen Phillips hath actually paid and advanced to the said John Drew in his lifetime the sum of one hundred and eighty pounds and is now ready and willing to pay and satisfie the residue and remainder of the said two hundred pounds but the said John Drew hath departed this life without conveying the said lands to the said Benjamen Phillips or making any disposition of the same by means whereof the fee simple hath descended and come to the aforesaid Faith Elizabeth and Martha and subject also to the dower of the said Alice therein And whereas the said William Ward and Faith his wife James Holt and Elizabeth his wife and Martha Drew and the said Alice the widow and relict of the said John Drew are willing and desirous that such agreement of the said John Drew as above recited be complied with and carried into execution on receipt of twenty pounds current money the residue and remainder of the said two hundred pounds so to be paid as aforesaid Now this indenture witnesseth that the said William Ward & Faith his wife James Holt and Elizabeth his wife and Martha Drew as well for confirming the agreement aforesaid as for and in consideration of twenty pounds (being the residue of the said sum of two hundred pounds so agreed to be the consideration to be paid to the said John Drew as aforesaid) to the said William Ward and Faith his wife James Holt and Elizabeth his wife and Martha Drew in hand paid and also for and in consideration of the sum of five shillings to the said Alice Drew in hand well and truly paid by the said Benjamen Phillips at or before the ensealing and delivery of these presents the receipt of which said several sums they the said William Ward James Holt Martha Drew and Alice Drew do hereby acknowledge and thereof acquit and discharge the said Benjamen Phillips his heirs executors and adm'ors by these presents Have and each of them Hath granted bargained [page break] [p.] 360 sold aliened released enfeoffed and confirmed and by these presents Do and each of them Doth grant bargain sell alien release enfeoff and confirm unto the said Benjamen Phillips and to his heirs and assigns forever All that tract or parcel of land situate lying and being in the parish of nottoway in the county of Southampton and on the north side of the lightwood swamp containing seven hundred and ninety acres it being part and residue of the said three tracts or parcels of land formerly granted to the said John Drew in manner following that is to say five hundred & thirty acres part thereof by patent dated the fifth day of September one thousand seven hundred and twenty three and two hundred and seventy acres other part by patent dated the fifth day of September one thousand seven hundred and twenty three and two hundred and seventy acres the other part by patent dated the ninth day of July one thousand seven hundred and thirty seven containing in the whole one thousand and seventy acres one hundred acres part of which the said John Drew in his lifetime sold and conveyed to one Robert Booth one hundred and eighty acres other part was also conveyed by the said John Drew to one William Bailey and the remaining seven hundred and ninety acres is the lands agreed by the said John Drew to be sold trees to and conveyed to the said Benjamen Phillips in manner as is herein recited the same being according to the most known antient and reputed bounds thereof And all houses outhouses edifices buildings yard gardens orchards woods trees ways waters water courses profits commodities hereditaments and appurtenances whatsoever to the said tract or parcel of land belonging or in any wise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and also all the estate right title interest use trust possession property claim & demand whatsoever of them the said William Ward and Faith his wife James Holt and Elizabeth his wife Martha Drew and Alice Drew of in and to the same or any part or parcel thereof and all deeds evidences and writings touching or in any wise concerning the same To have and to hold the said tract or parcel of land and premises with the appurtenances unto the said Benjamen Phillips his heirs and assigns to the only use and behoof of the said Benjamen Phillips his heirs and assigns forever And the said William Ward and Faith his wife James Holt and Elizabeth his wife Martha Drew and Alice Drew for themselves his heirs executors and adm'ors do hereby covenant promise and grant to and with the said Benjamen Phillips his heirs & assigns by these presents that they the said William Ward and Faith his wife James Holt & Eliz.a his wife Martha Drew & Alice Drew and their heirs the afors'd tract or parcel of land & premises with the appurt's unto the said Benjamen Phillips his heirs and assigns against the title claim or demand of any person or persons whatsoever claiming by from or under them or any of them shall and will warrant and forever defend by these presents In Witness whereof the said Will Ward and Faith his wife James Holt & Elizabeth his wife Martha Drew and Alice Drew have hereunto Set his hand and seals the day and year first above written Seal'd & Deliver'd William Ward ĪLSĪ in presence of her her Robert Booth Nich.o Faulcon ju.r Alice x Drew ĪLSĪ Faith + Ward ĪLSĪ John Bailey William Ruffin mark mark Moses Booth James Holt ĪLSĪ her Eliz.a + Holt ĪLSĪ mark Martha Drew ĪLSĪ [page break] [p.] 361 Memorandum that on third day of August 1765 full possession and seisen of the lands and premises within mention'd was had and taken by the within named Will.m Ward and Faith his wife James Holt & Elizabeth his wife Martha Drew and Alice Drew and by them delivered to the within named Benj.a Phillips his heirs and assigns according to the true intent & meaning of the within written indenture Witness William Ward ĪLSĪ Robert Booth her John Bailey Faith + Ward ĪLSĪ Moses Booth mark James Holt ĪLSĪ her Eliz.a + Holt ĪLSĪ mark Martha Drew ĪLSĪ her Alice w Drew ĪLSĪ At a Court held for the county of Southampton 8.th day of August 1765 This indenture and the memorandum of livery of seisen thereon endorsed were proved by the oaths of Robert Booth Moses Booth and John Bailey the witnesses thereto and ordered to be recorded R. Kello Cl. ~^~ Southampton Co., VA, Deed Book 3 (1760-1767), pp. 359-61 The Library of Virginia, Southampton Co. Microfilm Reel 4 images online at The Brantley Family Association Southampton Project: http://www.brantleyassociation.com/southampton_project/southampton_project_list.htm [John DREW patented 3 tracts- 270 acres, 5 Sep 1723 (PB11:250); 530 acres, 5 Sep 1723 (PB11:258); & 270 acres, 9 Jul 1737 (PB17:375) - the residual 790 acres of which were sold by his heirs to Benjamin PHILLIPS, of Southwark Parish, Surry Co., 3 Aug 1765, for Ģ200. PHILLIPS sold the land on 8 Aug 1765, to the 3 witnesses- 295 acres, more or less, to John BAILEY, for Ģ64.10. 0., 200 acres, more or less, to Moses BOOTH, for Ģ35. 0. 0., & & 295 acres, more or less, to Robert BOOTH, for Ģ64.10. 0. (DB3:359-64). Portions of Drew's patents were sold to one Robert BOOTH (100 acres), and to William BOOTH (180 acres), the father of John. These deeds have not been found in the Southampton Co. indices; possibly they appear in Isle of Wight Co. records (before 1749).] Contributed for use in USGenWeb Archives by: Matt Harris, Zoobug64@aol.com [brackets & line breaks mine] [BAILEY, BRITTLE, DREW, HOLT, JUDKINS, PHILIPS, PHILLIPS, WARD]