Notes |
- Wills of Old Rappahannock County, Virginia [William Montgomery Sweeny]
COX, HENRY, 22 February, 1674/5; 2 November, 1675.
Very sick and weake in body but of good and perfect memory.
I will and my meaning is that whereas Edmund Craske Clerk of Rappa County standeth engaged with me that I shall make a good assurance of the half or moiety of my land I now live upon to Mr John Hasslewood for and in consideration of his delivering up a certain bond of mine of five hundred pounds Sterling bearing date the 8th day of July 1673 as allso for the passing of bills of exchange for the payment of forty five pounds Sterling money to me or my Order now my will is that my Executors hereafter named make good the sale of the moyitie or halfe part my land according to obligation and save the said Edmund Craske harmless and indemnified from the sd Mr Hasslewood his heirs or assigns or otherwise take care for the satisfying of the ad. Haslewood his just debt and take in the bond aforesaid & for non performance then I will and my meaning is that the sd Edmund Craske shall be possessed with so much of my estate both reall and personall as shall discharge and satisfie the oblegacon wherein he stands engaged with me to the sd Haslewood untill such time as the ad debt be satisfyed and the sd Craske saved harmless from all such charges or damages he shall be at by being become bound with me as aforesaid. I give and bequeath to Mr James Miller now living with me my sword and belt to be delivered to him immediately after my death.
To my brother-in-law Richard Cawthorn my best Cloath Suite my best hatt a pair of french falls and a pair of stockings both new to be delivered to him immediately after my death.
I give unto Richard Cawthorn jr my nephew and to Amelia Cawthorn my neece each of them a Cow and Calfe to be delivered them about the beginning of June next after my death.
To Mr Thomas Gordon of Rappa County and Mrs. Jane Gordon his wife each of them tenn shillings to buy them two mourning rings to be paid them by my Executors within two months after my decease.
To my friend Edmund Craske twenty shillings to buy him a Mourning ring to be paid him by my Executors within two months after my decease. All the rest of my estate as lands goods chattels cattle and all implements of household stuffe or husbandry bills bonds ready money and debts owing me I freely and willingly give and bequeath them all to my Executors hereafter named for and during their natural lives and after their decease unto William Cox my son hereby willing and requiring my said son William within one year after he shall be possessed of my estate as aforesaid to give unto the child my wife now goeth with a good assurance of the moitie of the land he shall be possessed withall by this my will or the value thereof (as two men indifferently chosen shall adjudge it worth) at the discretion of my sd son but if the sd child should happen to die before my sd son William shall be possessed with my estate as aforesaid then the whole estate to be and remain with my son William and his heirs forever. Appoints as Executor and Executrix "my father-in-law Mr William Strachey of Glocester County and Arabella Cox my now wife hereby willing and requiring them to pay all debts as I shall Justly happen to owe at the time of my death to take care of and provide for my children during their minorities and to bring my body decently to the ground and it is my earnest desire that my father-in-law would come and live with my wife and assist her in the management of her estate.
Wit. CORNELIUS MELAGHLEN, WILLIAM HARDING, aged 28 years or
thereabouts, THOMAS HART, aged 25 years or thereabouts.
Page 191.
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1692-1693 Essex Co VA Orders; Antient Press: (Page 17)
At a Court held for Essex County August ye 10th Ano: 1692
- Mr. JOHN SMITH appeared in Court and acknowledged a Deed of Sale of a parcell of land to Mr. JOHN TALIAFERRO to be his real act and deed, ye same was admitted to Record
- Capt. JOHN BATTAILE by vertue of a power from Mrs. ELIZA: SMITH, Wife to ye above named Mr. JNO: SMITH, relinquished her ye said ELIZABETHs right of dower of in & to a pcell of land sold by her Husband, Mr. JNO. SMITH, to Mr. JNO. TALIAFERRO, ye same is admitted to Record
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1692-1693 Essex Co VA Deed & Will Book; Antient Press: (Page 38-41)
THIS INDENTURE made this ninth day of August in ye year of our Lord One thousand six hundred and ninety two Between JOHN SMITH of the Parish of Ware and County of GLOCESTER, Gent., of ye one parte, and JNO: TALIAFERRO of ye Parish of St. Maries and County of Essex of ye other parte. Witnesseth that ye said JOHN SMITH for sum of Fifty pounds of good and lawfull money of England to him before ye ensealing of these presents by ye said JOHN TALIAFERRO well and truely contented and paid, whereof and wherewith he acknowledged himselfe satisfied, and thereof hath sold unto ye said JNO. TALIAFERRO and to his heires and assignes forever all that tract of land being in ye Parish of Saint Maries and County of Essex containing Three hundred acres bounded as followeth, (Videlt.) begining at a Pocoson over agt: ye DOEGS LAND and running its several courses it being the one half moiety of a certaine tract of land taken up and patented by CHARLES GRIMES & bequeathed to MARY DEBNAM bearing date 1 lth: of 9br: 61; it may appear, with all appurtenances thereun to belonging as houses orchards fencing &c., To have and to hold ye said Plantacon with all rights whatsoever from ye said JOHN SMITH his heires for ever to ye said JNO, TALIAFERRO his heires and assignes for ever, And ye said SMITH for him his heires covenanteth with ye said TALIAFERRO in manner following, that he ye said SMITH is now the very true and lawfull owner of all the premisses in fee, and that ye said JNO. SMITH hath full power to sell ye premisses and also that ye said JNO. SMITH and his heires will at any time at ye cost of said JNO. TALIAFERRO or his heires make and execute a good sure perfect estate in ye Law in fee simple as by said JOHN TALIAFERRO his heires shall be reasonably devised, And that JOHN TALIAFERRO shall from henceforth for ever lawfully and quietly have and enjoy all ye said tract of land without any hindrance of ye sd JOHN SMITH his heires or any other persons whatsoever And farther ye said SMITH cloth agree to acknowledge this Instrumt: in Essex Court next. In Witness whereof ye said SMITH hath put his hand and affixed his seals ye date above said
Signed sealed and delivered in ye presence of
JNO: BATTAILE JOHN SMITH
KATH: BATTAILE, DAVID GITTINGS
At a Court held for Essex County Augt: ye 10th: ano 1692
The wthin named JOHN SMITH appeared in Court and acknowledged ye within contents to be his real act and ded, ye same was admitted to Record
Test F. MERIWETHER Cl Cur
Also Capt, JNO: BATTAILE appeared in Court & did by vertue of a Power from ELIZA: SMITH, Wife to ye within named JOHN SMITH, relinquish her ye sd ELIZABETHs right of ower of in & to ye within granted land & premisses ye same was admitted to Record
Test F. MERIWETHER CI Cur
(The first part oI JOHN SMITH's Bond to JOHN TALIAFERRO Is In Latin.)
The Condicon of this obligacon is such that if ye above bounden JOHN SMITH his heires and every of them shall for his part in all things keep all and singular ye agreements which are or ought to be observed in one Instrumt: of writeing bearing even date with these presents made between ye said JOHN SMITH of ye one part and JOHN TALIAFERRO of other part WITHOUT fraud or covin, Then this present obligacon to be void or else to be and remaine in full force
Signed sealed and delivered in ye presence of
JNO: BATTAILE JOHN SMITH
DAVID GITTI NS
Vere Recordatr: Test F. MERIWETHER, Cl Cur
KNOW ALL MEN by these presents that I ELIZA: SMITH of ye Parish of Ware and County of GLOUR: do authorize and appoint Mr. JOHN BATTAILE of ye Parish of St. Maries and County of Essex my true and lawful! Attorney for me and in my name to make acknowledgment of a certain parcell sould by my Husband, JNO. SMITH, unto Mr. JOHN TALIAFERRO, of the Parish and County aforesaid; it being the land whereon ye said JOHN TALIAFERRO now liveth and what my said Attorney shall lawfully act and do in ye premisses I do hereby confirm as Witness my hand and seale this (blank) day of (blank) Ano 1692
Test WILLI: JOURNEY ELIZABETH SMITH
FRAN: TALIAFERRO
Vere Recordatr: Test F. MERIWETHER Cl Cur
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1694-1695 Essex Co VA Deed & Will Book; Antient Press: (Page 259)
At a Court held for Essex County 10th of September 1695
- In the difference between JOHN SMITH and ELIZABETH his Wife, Daughter & heir of HENRY COX, late of RAPPA: County deced. Pits. & JOHN GRIFFING Defendt., in an accon: of Trespass & ejectment is (after the severall pleas offer'd by Pits. & Defendts.) wth: ye consent of both Plt. & Defendt. refer'd till next Court in order that ARABELLA WHITE, Orphan who may be thought to have right to ye Lands in dispute. may then appear & make choice of a Guardian to defend ye same & ordered that ye Sheriff of this County or his Deputy give the sd WHITE notice hereof
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1694-1695 Essex Co VA Deed & Will Book; Antient Press: (Page 268)
At a Court held for Essex County 10th of December 1695
- JOHN SMITH & ELIZABETH his Wife, Daughter & heir of HENRY COX late of RAPPA: County deced, complaines against JOHN GRIFFING in a plea of Trespasse and ejectment for that, that is to say, she ye sd Complt. ELIZABETH, hath good right title and interest in fee unto a certain tract of land containing Eleven hundred & fifty acres lyeing & being in this County near HOBBS HOLE & on the uper side of PISCATTAWAY CREEKE wch : land was formerly granted unto Mr. JOHN COX and by the last Will and Testamt. of him the sd JOHN COX given to ye Complts. Father, HENRY COX, wch: he dyed seiz'd of into which the said JOHN GRIFFING with force & armes &c. on or about the moneth of December last did upon part thereof enter, And the Timber & trees thereon growing did cutt fall maule & destroy & divers & many other injuries & trespasses before & since daily hath and doth comitt & ye possession hereof from ye Complainants doth wrongfully keep and withold contrary to the Peace &c., And to ye Complts. damage two hundred pounds Sterling for wch: he have brought suit and prayes Judgment with costs, And that ye Sheriff be commanded by Writt of Habere facias possessionem to eject ye sd GRIFFIN and to put the Complts. in quiet & peaceable possession of the premisses to which the Defendt. by Capt. ARTHUR SPICER his Attorney appear'd & after several! arguments offered to come to tryall, provided he the sd Complt., JOHN SMITH, would allow to be good a Deed of Gift from the aforesd. JOHN COX to NICHOLAS WHITE for One hundred & fifty acres of Land adjoyneing to ye land of WILLIAM JOHNSON dated ye 8 day of February 1655. which was accordingly allowed of & granted to be good by ye sd Complt., JOHN SMITH, who moved that ye land in difference might be laid out by a Jury & Surveyed. Wherefore this Court have ordered that the Sheriff of this County or his Deputy summon an able Jury of ye Neighbourhood who are no wise concern'd by affinity, consanguinity or interest (being first sworne) on ye fifth day of February next if fair, if not the next fair day, to go upon ye land in difference in Company of Mr. EDWIN THACKER. Surveyr:, & lay out the same according to ye Patent thereof as alsoe the aforesd. One hundred and fifty acres of land of NICHOLAS WHITE according to ye Deed of Gift thereof from the aforesd. JOHN COX, haveing regard to all evidences that shall be produced by the Complt. and Defendt., And if they find the Defendt. a Trespasser to enquire of the damage and report their proceedings to the next Court held for this County And Mr. THOMAS EDMONDSON is hereby requested to swear the said Jury
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