Duke/Mountfort Deeds of Lease & Release, 1697 - York Co. VA Deeds of Lease & Release John & Susannah DUKE to Thomas MOUNTFORT York Co., VA, Deeds & Bonds 1 (1694-1701), pp. 130-36 abstracted by Matt HARRIS [brackets, line breaks, & surname capitalization mine] [p.] 130 This Indenture made ye thirteenth day of May in ye ninth Year of ye Reigne of our Sovereigne Lord William the third, by ye Grace of God of England, Scotland, France & Ireland King Defender of ye faith &c: And in ye Year of our Lord God according to the Computation of ye Church of England One Thousand Six hundred ninety seven. Between John DUKE of York County & P'ish Virginia gen:t and Susannah his wife of ye One p'te. And Thomas MOUNTFORT of Merchants hundred P'ish in James City County Virg.a afores:d gen:t of ye other p'te: Witnesseth that ye Said John DUKE & Susannah his wife for and in Consideration of ye Sum of five shillings of lawfull money of England to them in hand or one of them in hand paid by the Said Thomas MOUNTFORT before ye Ensealing & Delivery of these p'sents The Receipt whereof ye Said John DUKE & Susannah his wife Doe hereby confess and Acknowledge, and thereof do acquitt Release & Discharge the Said Thomas MOUNTFORT his Exec:rs Adm.rs & Assignes by these P'sents, Hath granted bargained & Sold, And by these p'sents do grant bargaine & Sell unto ye Said Thomas MOUNTFORT his Exec:rs Adm.rs & Assignes All that his plantation houses land & P'mises, Scituate lying & being in ye P'ish and County of York aforesaid Containing by estimac'on two hundred Acres (be ye Same more or less) And bounded As followeth (Viz:t) begining at a corner White Oak upon ye Swamp Side near the Mill, thence runing North west Along the line of Thomas HILL three hundred twenty Eight Poles to a Corner Hickory, thence East two degrees, Northerly two hundred Seventy four poles upon ye line of David CONDON's land to ye Maine Swamp, thence ye Severall Courses Along ye Said Swamp to ye place Where it first began, the said two hundred Acres of Land as appe's by A Pattent under ye hand of S:r William BERKELEY Kn:t then Governor and Seale of this Coloney dated September ye 23:d 1663: And Pattented in ye name of Coll John SCASEBROOK dec:d doth appe: Who by his last Will & Testament gave ye Afores:d two hundred Acres of land to his Daughter Jane DUKE & as by ye Records of York County Co.rt doth likewise appeare, Which Said Jane DUKE Dyed late Wife of ye Said Thomas MOUNTFORT & Mother of ye Said John DUKE by whose D['ea']th he the Sai['d'] [torn] Right Descended to him as next heir [torn] Together w:th All & Singular the houses [torn- 'barns, sta'-] bles; Orchards gardens backsides[?] Wayes, Wa[-'ters, woods, underwoods, easements' - torn] [page break] [p.] 131 Passages, Profitts, comons, comodities & Appurten'ces Whatsoever to ye Said Messuage or Tennem:t plantac'on land & p'mises belonging or in any wise App'taining And ye Reversion & reversions Rem'der & Rem'ders Rents & Profits of ye Said Messuage or Tennem.t plantac'on Land & P'mises and of every or any part thereof, And all ye Estate Right tytle interest prop'ty claime & demand Whatsoever of ye S.d John DUKE & Susannah his wife off [sic] in & to ye Same To have & to hold ye Said Messuage or tennem:t plantac'on land & p'mises with their & every of their App'ten'ces unto ye Said Thomas MOUNTFORT his Exec:rs Adm.rs & Assignes from ye day next before ye date hereof unto ye full end & terme of One whole Year from thence Next Ensuing, & fully to be compleat & ended Yeilding & Paying therefore unto ye Said John DUKE & Susanna his wife their heirs & Assignes ye Rent of one Eare of Indian Corne Att ye feast of S:t Michaell ye Archangell now next ensuing if ye Same shall be demanded, To ye intent & purpose ye Said Thomas MOUNTFORT may be in ye Actuall possession of ye hereby granted P'sented, And may thereby & by force & Vertue of ye Statute for transferring uses into possession in y.t [that] behalfe made & provided be enabled to take a grant or Release of ye Said Messuage or tennem:t Plantac'on land & P'mises, And every parte & P'cell thereof with their App'ten'ces hereby bargained & Sold or menc'oned to be bargained & Sold to ye use of ye S.d Thomas MOUNTFORT his heirs & Assignes for Ever In Witness Whereof ye p'ties above Said to these p'sent Indentures of bargaine & Sale their hands & Seales interchangeably have put ye day & Year first Above Written. John DUKE ~ ye Seale Susannah DUKE ~ ye Seale Sealed & Delivered in ye P'sence of John COOPER. Joseph MOUNTFORT. the marke of Ellis. HUES. Att a Co.rt held for York County May the 24:th 1697; The Within Deed was then personally acknowl.d In Co.rt by ye within named John DUKE & Susanna his wife, and according to Ord'rs is Com'ited to Record. Test: Willm SEDGWICK Cl Cur This Indenture made this fourteente day of May in ye [torn- 'ninth Year of ye']] Reigne of our Soveraigne Lord William the third by the [torn- 'Grace of God of England'] Scotland France & Ireland King, [torn- 'Defender of the faith &c. And in'] ye Year o:f Lord God according to ye [torn- 'Computations of ye Church'] of England One thousand six hundred [page break] [p.] 132 Ninety Seven Between John DUKE of York P'ish & County Virginia gen.t and Susanna his Wife of the One P'te. & Thomas MOUNTFORT of Merchants Hundred P'ish in James City County Virginia Afores:d gen:t of ye Other P'te: Witnesseth that ye Said John DUKE for & in Consideration of ye Sum of fifty pounds Sterl: Money to him in hand well & truly paid by ye Said Thomas MOUNTFORT before ye ensealing and delivery of these P'sents, the Receipt Whereof ye Said John DUKE & Susanna his wife Doe hereby confess & Acknowledge, And thereof doth acquitt release and discharge ye Said Thomas MOUNTFORT his heirs & Assignes for Ever by these P'sents, Hath granted, bargained, Sold, enfeoffed, released & confirmed, And by these P'sents doth grant, bargaine, Sell enfeoffe release & Confirme unto ye Said Thomas MOUNTFORT his heirs & Assignes in peaceable possession now being by force & Vertue of a certaine Indenture of bargaine and Sale bearing date ye day before ye date hereof, And made between ye Said John DUKE & Susanna his wife, of ye One p'te, And ye S:d Thomas MOUNTFORT of ye Other p'te of ye Statute for transferring uses into Possession All that his plantation houses land & P'mises Scituate lying and being in ye Parish and County of York Aforesaid, containing by Estimac'on two hundred Acres (be ye Same more or less) And bounded as followeth (Viz.t) begining At A corner White Oak upon ye Swamp Side neare ye Mill thence runing North west Along ye line of Thomas HILL three hundred twenty Eight Poles to a corner Hickory, thence East two Degrees Northerly two hundred Seventy four poles upon ye line of David CONDON's land to ye Maine Swamp, thence ye Severall Courses Along ye Said Swamp to ye place Where it first began, the Said two hundred Acres of land being part of a Divident of four hundred Acres of land, As appears by A Pattent under the hand of S:r William BERKELEY kn:t then Governor & Seale of this Coloney dated September ye 23:d 1663: & Pattented in ye Name of Coll John SCASEBROOK dec:d doth appeare, Who by his last will & Testam.t gave ye Afores:d two hundred Acres of Land to his Daughter Jane DUKE &c: as by ye Records of York County Co:rt doth likewise app['eare, Which Said'- torn] Jane DUKE Dyed late Wife of ye Said Thoma['s MOUNTFORT &' -torn- 'M']other of ye Said John DUKE, by whose D['eath' -- torn] Descended to him As Next heir att law [torn] [page break] [p.] 133 And Singular ye houses, Edifices, buildings, barnes, Stables, Orchards, Gardens, backsides[?], Wayes, Waters, Woods, underwoods, easem:ts Passages Profitts Comons, Comodities & App'ten'ces Whatsoever to ye Said Messuage or Tennem.t Plantation land & P'mises belonging or ing any wise App'taining, And ye Reversion & Reversions, Remainder & remainders, Rents & Services thereof, And of Every part & parcell thereof, & all ye Estate Right tytle interest prop'ty claime & demand Whatsoever of them ye Said John DUKE & Susanna his wife off in & to ye Same. To have & to hold the said Messuage or Tennem:t plantac'on land & P'mises and Every Part & parcell thereof With their & Every of their App'ten'ces unto ye Said Thomas MOUNTFORT his heirs & Assignes, to ye use and behoofe of ye S:d Thomas MOUNTFORT his heirs & Assignes for ever. And ye Said John DUKE for ye Consideration abovesaid, the said granted Messuage or Tennem:t plantac'on land & p'mises & every part & thereof with ye App'ten'ces unto ye S:d Thomas MOUNTFORT his heirs and Assignes against them ye Said John DUKE & Susanna his Wife their heirs and Assignes & all Persons whatsoever Shall & will Warrant & for ever defend by these P'sents, And ye S:d John DUKE doth Covenant grant & Agree for himself his heirs Exec:rs and Adm:rs and every of them to & with ye Said Thomas MOUNTFORT his his heirs & Assignes, by these P'sents that he ye S:d ensealing & delivery hereof shall be lawfully Seized in their Demeasne as of Fee Simple off & in ye S:d Messuage or tennem:t plantac'on land & P'mises and every Parte thereof Without Any Condition Power of Revocation or limitac'on of any use or uses to Alter change determine or make Voyde ye Same: And that have good Reight, full power & Absolute Authority in the law to grant, bargaine, Sell, release & confirme ye Same & every part & P'cell thereof, With their & every of their App'ten'ces unto ye Said Thomas MOUNTFORT his his heirs & Assignes According to ye [torn- 'true Meaning'] of these P'sents. And alsoe y.t [that] ye S:d bargained [torn- 'Messuage, tennem:t'] Plantac'on lands & p'mises & every p'te & ['parcell thereof'- torn] hereof & for ever remaine [torn- 'T']homas MOUNTFORT his his heirs and [page break] [p.] 134 Assignes according to ye true meaning hereof free & clear & freely & clearly cquitted Exonerated & discharged or otherwise upon every reasonably request thereof to be made Sufficiently Saved & harmless and kept indemnified by ye ye Said John DUKE his Exec:rs Adm:rs or assignes or Some of them off & from all manner of former & Other bargaines, Sales, guifts, leases, Estates, Joyntures, Dowers Wills, uses, entailes, rents, Arearages of rents, Fynes, issues, Amerciam:ts[?], Statutes Merchant of ye Staple, recognizances Mortgages, Annuitties, Rent charges, Execuc'ons, Extents, Seizures, And off & from all Other Estates, tytles, charges, troubles & incumbrances whatsoever heretofore had made, comitted done or Suffered, or hereafter to be had made, comitted done or Suffered by ye Said John DUKE his heirs or Assignes or by any Other P'son or P'sons Whatsoever: And ye Said John DUKE for himself his heirs Exec'rs & Adm'rs and for every of them do further Covenant grant & Agree to & With ye Said Thomas MOUNTFORT his heirs & Assignes by these P'sents. That he ye S:d John DUKE & Susanna his Wife & all & every person & P'sons lawfully claiming or pretending to have any Estate Right tytle or interest Off in or to ye Said bargained Messuage or tennem:t plantac'on land & p'mises or any part thereof, by from or under ye S:d John DUKE or his Estate shall or Will at all time & times during ye Space of Seven Years Now Next Ensuing after ye date hereof upon ye reasonable request rest & Charges in ye law of ye Said Thomas MOUNTFORT his heirs And Assignes Make, do, Acknowledge levy, Execute & Suffer, Or cause to be done & Executed all & Every Such further & Other reasonable act & acts, thing & things, devices, Assurances & conveyances of What kind or Nature Soever for ye more P'fect Assuring, Sure making, Establishing & confirming ye Said granted Messuage or Tennem:t Plantac'on land & P'mises And every part & parcell thereof W:th ye App'ten'ces unto ye Said Thomas MOUNTFORT his heirs & Assignes according to ye true intent And Meaning of these P'sents, Bee it fyne' feoffm:t Recovery With double or Single Voucher or Vouc['chers, Deed or'- torn] Deeds enrol'd or not enrol'd, ye enrollm:t of th [torn] or confirmac'on or by any [torn] many of [torn] Whatsoever Other [illegible] or Assur [torn] [page break] [p.] 135 Devised or reposed by ye Said Thomas MOUNTFORT his heirs & Assignes, or by his their or Any of their Councell learned in ye law, & likewise y:t ye S:d John DUKE together with Susanna his Wife do Acknowledge this P'sent Indenture to ye S:d Thomas MOUNTFORT his heirs & At ye Next Co:rt to be held for y:e Said County of Yorke or upon all demandes When thereunto required After ye date hereof. And it is further Expressed, declared & Agreed by & between ye Said partyes to these p'sents that all & every Sure fyne & fynes act & Acts assurances & Conveyances hereafter So to be requested to be made & p'sented of ye Said granted P'mises According to y:e true Meaning hereof shall be & enure, and So shall be construed Adjudged & taken to be & enure to ye only use & behoofe of ye S:d Thomas MOUNTFOR [sic] his heirs & Assignes for ever, & to no Other use intent or Purpose Whatsoever. In Witness whereof ye p'tyes aboves:d to these P'sent Indentures of bargaine & Sale their hands & Seales Interchangeably have putt, ye day & Year first Above Written. John DUKE ~ ye Seale Susannah DUKE ~ ye Seale Sealed & Delivered, And ye Words (of any use or uses) in ye Within Deed Was interlined before Signing & Sealing in ye P'sence of John COOPER. Joseph MOUNTFORT. the marke of Ellis HUES. York County May yee 24:th 1697; The Within Deed was then p'sonally Acknowledged In Co.rt by ye Within Named John DUKE and Susanna his wife unto Capt Thomas MOUNTFORT, & according to Ord'r is comitted to Record. Test: Willm SEDGWICK Cl Cur Know all men by these p'sents That I John DUKE of Yorke Parish ['& County in Virg:a'- torn] gen:t am held & firmly bound to Thomas MOUN[-'FORT of Merchants'- torn] Hundred Pish in James City County [torn] ye Sum of One Hundred Pounds Sterling [torn] Thomas MOUNTFORT, his Execut'rs [page break] [p.] 136 Adm'rs or Assignes to ye which payment well & truly to be made I bind my self, my heirs, Execut'rs & Adm:rs firmly by these p'sents, Sealed with my Seale dated ye fourteenth day of May In ye ninth Year of ye Reigne of our Sovereigne Lord [William] ye third, by ye Grace of God King of England, Scotland, France & Ireland, Defender of ye Faith &c Annog, Dom' 1697~ The Condic'on of this Obligation is Such That if ye above bounden John DUKE his heirs Exec:rs and Assignes and Every of them do well & truly observe, p'forme fulfill & keep All & Every ye Covenants, grants, Articles & Agreem:ts whereon his their & every of their parts & behalfs are to be Observed, p'formed, fulfilled, and kept, the same being mentioned & Expressed in a certaine paire of Indentures bearing even date With ye Above Written Obligation. And made between ye above bounden John DUKE & Susannah his wife of ye One p'te, And ye Above named Thomas MOUNTFORT of ye Other p'te, And that from time to time & in all things According to ye p'porte true intent & meaning of ye Said Indentures Then this Obligation to be Void, or else to remaine in full force And Vertue &c: John DUKE ~ ye Seale Sigillat & Deliberat in P'sentia Nostrum. John COOPER. Joseph MOUNTFORT. the marke of Ellis. HUES. Att a Co.rt held for York County May the 24:th 1697~ The above bond was then p'sonally Acknowledged in open Co.rt by ye above Bounden John DUKE to ye within Named Thomas MOUNTFORT, And according to Ord'r is Recorded. Test: Willm SEDGWICK Cl Cur Submitted by Matthew W. HARRIS of Richmond, VA **************************************************************** 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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