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Old Rappahannock Co Va Deeds & Wills - 1665-1677; Page 200-202
IN THE NAME OF GOD Amen I THOMAS ERWIN of the Parish of Sittingburn in the County of Rappa being sick in body but of sound & perfect memory do hereby make & ordain this my last Will &Testament hereby revoaking and making void any Testament heretofore by me made either by word or writing & this onely to be taken for my Last Will and Testament (my Wife to be my only Executrix hereafter) Imprs I give and bequeath my Soule into the hands of Almighty God hoping and trusting through the mercies of Jesus Christ to obtaine full and perfect remission of all my Sinns & my Body to the earth from whence it was taken to be buried in comely and decent manner according to the discretion of my Wife & Relations And as for my worldly goods I thus bequeath them
Item I give and bequeath to my Wife one bay mare & if in case she bring forth a mare foale it to run for the good of all my Children and likewise there be three mares more & a horse which I do order & constitute to be given to my Children in general) & a young gelding in the same manner for the use of my Children
Item I give & bequeath to my Children eight Cows & their increase & them to be kept upon my said Plantation for the use of all my Children & no exception to be made but equally to be devided
Item I give & bequeath to my two Eldest Sonns all my land consisting of Two hundred & thirty acres & the said land to be equally devided when they come of age that is to say Sixteen yeares & then to be free to enjoy accordingly to live together upon one Plantation, that then my Eldest Sonn provide proportionably so much land in some other place convenient as my Second Sonn thinks fitt otherwise to concurr to live unanimously together according to will & desire
Item it is my will & command that my Wife have the third part of the land & half the Orchard for the use of her and likewise her children for ever without any molestation whatsoever
Item I give & bequeath to my two youngest Sonns two hundred acres of land lying in the READY WAY to Collo, WASHINGTONs & if it please God they should depart before they come of age to enjoy it then the said land to fall to my two Eldest Sons and if in case they should die then it to go to the use of my Daughters
Item it is my will that my Wife shall have all my personall estate that is to say all cattle hoggs all moveables whatsoever as tobaccoes debts dues & whatsoever belongs to me in order to the education & bringing up of the Children
Item I doe hereby make ordain & appoint my loveing Wife ANN ERWIN the whole Executrix of this my last Will and Testament to see it performed & further I do ordaine appoint my loveing Freind JOHN MATLIN & WILLIAM SERJEANT & HENRY CREIGHTON Overseers & Assistants to my Wife & in case of the death of my Wife to take care of my Childrens Estate & Education
In Witness whereof I have hereunto set my hand & Seale this 19th of January
1675
Signed sealed & delivered to be THOMAS ERWIN Seale
his last Will & Testament
in presence of us JOHN PAYNE
THOMAS BARKER
I Underwritten do depose and say that I did see the within named Testatr. signe seale & publish the within mentioned to be his last Will & Testament & that he was in prfect sence & memory at the signing sealing & publishing thereof to the best of my judgment
Juratr est PAYNE in Cur Com Rappa 3 die May 1676 Probatr et_ recordatr xx die JOHN PAYNE
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1677-1678 Old Rappahannock County, Virginia Deed & Will Book 6, Part 1; [Antient Press]; Page 165-166
KNOW ALL MEN by these prsents that I JOHN FRANKLIN & ELIZABETH my Wife doe assigns & make over all or: right & title of this wthin mentioned Deed of Sale from us or: heires unto ANN ERWIN ye Widd. & Relict of THOMAS ERWIN hir heires or assignes wth warranty, there being a valuable consideration to us paid, ye receipt whereof we hereby acknowledge & to ye true performance hereof, wee have hereunto put our hands & Seales this 28th day of Febry. 1677
Signed Sealed & Delivd, in prsence of us RICHD: WHARTON, JOHN FRANKLIN
ye marke of THO: NAPP
Recognitr in Cur Court Rappae: 6 die Martii Ano: 1677/8 et Recordatr xx7 die 1678
KNOW ALL MEN by these prsents that I JOHN FRANKLIN of ye County of Rapp: Planter, doe hereby ordaine & appoint my trusty & well beloved Friend, WILLIAM SERGEANT of ye aforesd. County to be my true & lawfull Attorney for ye acknowledging a certain tract lying & being in ye aforesaid County unto HENRY BERRY in ye County aforesd. & on ye North side of ye River, as Assignment will appeare unto ANNE ERWIN of ye aforesd. County, Widdo,, as Witness my hand & seale this 4th of March 1677/8 Signed Sealed & Delivd.
in ye presence of us JNO MOTLIN, JOHN FRANKLIN
FRANCIS TAYLOR
Recordtr xx7 die Marti' 1678
KNOW ALL MEN by these prsents that I ANNE ERWIN of ye County of Rappae:, late Wife of THOMAS ERWIN deced, for diverse good causes me thereunto moving & espectially out of ye naturall love & affection I beare unto my Sonne, BENJA: ERWIN, doe give & forever make over unto my sd Sonne, BENJA: ERWIN, all that parcell of land lately by me purchased of JOHN FRANKLIN & by ye sd FRANKLIN purchased of one THOMAS EVERIST as by Deed of Sale in ye Records of ye sd County will appeare, To have & to hold the said tract of land & every part thereof according to ye said Deed, to him ye sd BENJA: ERWIN his heires forever, but it shall happen that ye said BENJA: ERWIN shall die wthout issue of his body lawfully begotten that then ye sd land & every pte thereof by these prsents granted to be possessed by EDWARD ERWIN & his heires &c. And if ye sd EDWARD ERWIN shall happen to depart this life wthout issue of his body lawfully begotten then ye said land & every pte & parcel! thereof by these prsents granted to be possessed by my Sonne, GEORGE ERWIN, & his heires, and if ye said GEORGE ERWIN shall happen to depart this life without issue of his body lawfully begotten, then to be possessed by my Sonne, THOMAS ERWIN, & his heires, & if it shall soe happen that my said Sonne, THOMAS, shall die wthout issue of his body as aforesd, that then ye sd land & every part thereof by these prsents granted to be possessed by my Sonne. JOHN ERWIN, his heires or assignes for ever. And doe warrant ye said land & every part & parcell thereof by these prsents granted according as before mentioned from any psons whatsoever clayming any right or interest to ye prmises or any part thereof from me or my heires or assignes and in confirmacon thereof I have hereunto setting hand & seale this 3th: day of March 1677/8
Signed Sealed & delivered in
prsence of HONORIA JONES, ANNE ERWIN
THO: FRESHWATER
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1714 Richmond County, Virginia Deed Book 6, Part 2 [Antient Press]; Page 248-253
KNOW ALL MEN by these presents that I JOHN FRANKLYN of the Parish of Sittenburne and County of Richmond by these presents do make and appoint and in my place and stead depute and put my well beloved Wife ELIZABETH
FRANKLYN, my true and lawfull Attorney for me and in my name to appear in Richmond County Court and acknowledge certaine Indentures of Bargain and Sale by Lease and Release for Two hundred and Thirty acres of Land scituate in the Parish of Sittenburne and County of Richmond and made betweene me said JOHN FRANKLYN and the said ELIZABETH my Wife. and WILLIAM WILLIAMS of the County of NEW CASTLE in the Government of PENSILVANIA of the one, NICHOLAS SMITH of the Parish of Sittenburne and County of Richmond and Colony of Virginia, Gent., of the other part and also to acknowledge my Bond for the performance of the covenants mentioend in the said Indentures hereby allowing and confirming all my said Attorney shall lawfully do or cause to be done in and about the premises in as large and ample manner to all intents and purposes as if I were personally present and did the same my selfe: In Wittness whereof I have hereunto sett my hand and seale the eighth day of June 1714
Signed Sealed and Delivered in the presence of
AARON THORNLEY, JOHN the marke of FRANKLYN
THOS DICKENSON
Ata Court held for Richmond County the 7th day of July 1714
This Power of Attorney from JOHN FRANKLYN to his Wife, ELIZABETH FARNKLIN, was proved in open Court by the Oathes of AARON THORNLEY and THOMAS DICKENSON, wittnesses thereto and admitted to Record Test M. BECKWITH, Cl Cur
THIS INDENTURE made this eighth day of June in the yeare of our Lord one thousand seven hundred and fourteene betweene JOHN FRANKLYN and ELIZABETH his Wife of the Parish of Sittenburne in the County of Richmond and Colony of Virginia, WILLIAM WILLIAMS and ANNE his Wife of the County of NEW CASTLE within the Government of PENSILVANIA of one part and NICHOLAS SMITH of Parish of Sittenburne in the County of Richmond within the Dominion of Virginia, Gent., of the other part; Wittneseth that JOHN FRANKLYN and ELIZABETH his Wife and WILLIAM WILLIAMS and ANNE his Wife for the sume of Five shillings Sterl. to them in hand paid by NICHOLAS SMITH, by these presents do bargaine and sell unto NICHOLAS SMITH his heirs all that Plantation tract of land scituate in Parish of Sittenburne in the County of Richmond containing Two hundred and Thirty acres of land, part of Six hundred and Sixty acres of land granted to THOMAS LUCAS deced., and of Three hundred and Fourty acres of land granted to THOMAS HAWKINS and by said HAWKINS sold and assigned to JOHN PAINE deced., and by the said JOHN PAINE sold and conveyed to THOMAS ERWIN deced., Father of the aforesaid ELIZABETH and ANNE, parties to these presents: and is also since granted to THOMAS ERWIN by Patent dated the Twentieth day of Febry. one thousand Six hundred and Sixty two and is by several! mean descents fallen to and become the inheritance of the aforesaid ELIZABETH and ANNE as by the Deeds and Patents and the Will of THOMAS ERWIN appear; which Two hundred and Thirty acres of land is bounded; Begining where the Land of JOHN JENNINGS endeth by or nigh PEPETICK CREEK and extendeth into the Woods Northeast three hundred and twenty poles, thence Southeast Parallel! with the said Creek one hundred and fifteene poles to the land of JOHN PAINE, and along the said PAINEs land to the Creek and along the Creek to the begining; Together with all houses out houses orchards profitts and appurtenances belonging; To have and to hold the hereby bargained and sold land and premises with the appurtenances unto NICHOLAS SMITH his heirs during the terme of one whole year paying therefore unto JOHN FRANKLYN and ELIZABETH his Wife and WILLIAM WILLIAMS and ANNE his Wife the rent of one pepper come on the five and twentieth day of March next if lawfully demanded; to the intent that by virtue of these presents and by force of the Statute for transferring uses into possession the said NICHOLAS SMITH may be in the actuall possession of the premises and be thereby the better enabled (without attournment, livery of seizin or other ceremony whatsoever) to accept a release of the reversion and inheritance thereof to said NICHOLAS SMITH his heirs; In Witness whereof the parties to these presents have hereunto interchangeably sett their hands and seales the day and year first above written
Signed Sealed and Delivered in the presence of
AARON THORNLEY, JOHN the marke of FRANKLYN
THOS: DICKENSON ELIZA FRANKLYN
WM WILLIAMS
ANNE the marke of WILLIAMS
Att a Court held for Richmond County the Seventh day of July 17 4
ELIZABETH FRANKLYN and ANNE WILLIAMS by virtue of powers of Attorney from their Husbands JOHN FRANKLYN and WILLIAM WILLIAMS. to them in that hehalfe made, acknowledged this the said JOHN FRANKLYN and WILLIAM WILLIAMS Deed unto NICHOLAS SMITH, Gent., and it was admitted to Record, also the said ELIZABETH FRANKLYN and ANNE WILLIAMS being privately examined relinquished their right of Dower in the land conveyed in this Deed unto the said NICHOLAS SMITH wch: is also admitted to Record
Test M. BECKWITH, Cl Cur
THIS INDENTURE made the ninth day of June in year of our Lord one thousand seven hundred and fourteene Betweene JOHN FRANKLYN and ELIZABETH his Wife of the Parish of Sittenburne in the County of Richmond in the Colony of Virginia, WILLIAM WILLIAMS and ANNE his Wife of the County of NEWCASTLE within the Government of PENSILVANIA of one part and NICHOLAS SMITH of the Parish of Sittenburne in the County of Richmond and Dominion of Virginia of other part; Wittnesseth that JOHN FRANKLYN and ELIZABETH his Wife, WILLIAM WILLIAMS and ANNE his Wife for the sume of Fourty pounds Sterling to them in hand paid by NICHOLAS SMITH by these presents do bargaine sell release and confirme unto NICHOLAS SMITH his heirs all that Plantation tract of land (in his actual) possession now being by virtue of a Lease thereof made to him and by force of the Statute for transferring uses into possession), (the two tracts of land, the description of their bounds, the Patents, Will and sales are as in the foregoing Release); To have and to hold the hereby granted premises with the appurtenances unto NICHOLAS SMITH his heirs and JOHN FRANKLYN and ELIZABETH his Wife and WILLIAM WILLIAMS and ANNE his Wife their heirs shall warrant and for ever defend by these presents, the yearly rent which shall from hence forth grow due to the Cheif Lord or Lords of the Fee or Fees of the premises onely excepted and foreprized; In Wittness whereof the parties to these presents have hereunto interchangeably sett their hands and seals the day and year first above written
Signed Sealed and Delivered in the presence of
AARON THORNLEY JOHN the marke of FRANKLYN
THOS. DICKENSON ELIZABETH the mark of FRANKLYN
WILL, WILLIAMS
ANNE the marke of WILLIAMS
Alt a Court held for Richmond County the 7th day of .July 1714
ELIZABETH FRANKLYN and ANNE WILLIAMS by virtue of powers of Attorneys from their Husbands, JOHN FRANKLYN and WILLIAM WILLIAMS, to them in that behalfe made acknowledged this the said JOHN FRANKLYN and WILLIAM WILLIAMS Deed of Release unto NICHOLAS SMITH, Gent., and it was admitted to Record, also the said ELIZABETH FRANKLYN and ANNE WILLIAMS being privately examined relinquished their right ot Dower in the land conveyed in this Deed to the sd. NICHOLAS SMITH which is Also admitted to Record Test M BECK W ITH. Cl Cur
KNOW ALL MEN by these presents that I JOHN FRANKLYN of the Parish of Sittenburne and County of Richmond and WILLIAM WILLIAMS of the County of NEWCASTLE in the Governmt. of PENSILVANIA are held and firmly bound unto NICHOLAS SMITH of the Parish of Sittenburne in the County of Richmond, Gent., in the full and just sume of Eighty pounds Sterl., to the which payment well and truly to be made we bind ourselves our heirs firmly by these presents; Sealed with our seales and dated the Ninth day of June Anno Dom: 1714
THE CONDITION of this obligation is stub that if the above bound JOHN FRANKLYN and WILLIAM WILLIAMS their heirs do att all times hereafter performs and keep all the covenants which on their part ought to be kept comprised in certaine Indentures of Lease and Release bearing date the eighth and ninth day of this Instance according to the tenor forme and effect of the aforesaid Indentures, That then this obligation to be void and of none effect otherwise to remaine in full force and virtue
signed Sealed and Delivered in the presence of
AARON THORNLEY JOHN the marke of FRANKLYN
THOS. DICKENSON WM. WILLIAMS
Att a Court held for Richmond County the 7th day of July 1714
ELIZABETH FRANKLYN and ANNE WILLIAMS by virtue of Powers of Attorneys from their Husbands. JOHN FRANKLYN and WILLIAM WILLIAMS, to them in that behalfe made, acknowledged this the said JOHN FRANKLYN & WILLIAM WILLIAMS Bond unto NICHOLAS SMITH. Gent , which is admitted to Record
Teste M. BECKWITH, CI Cur
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
Bef 1644 - 1676 (> 32 years)