Land Survey for Failure of Payment by Luke M. Sherry

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Botetourt

Exam.d[i]

Recorded & Exam.d

406

there is 406 Acres

in two pattons

 

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George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c To all to whom

these Presents shall come Greeting Whereas by one Patent under the Seal of this our Colony and Dominion of Virginia bearing date

the fourteenth Day of February one thousand seven hundred and sixty one there was granted –missing— unto Luke M Sherry one ____

certain Tract or Parcel of Land containing one hundred and eighty six Acres lying and being then in the County of Augusta now

Botetourt, on a branch of James River called back Creek and bounded as followeth to wit Beginning at two white Oaks on the

South Side the Creek Corner is James Elliotts[ii] Land and with his line Crossing the Creek north thirty Degrees West ninety poles

to two black and one white oaks on a ridge North Sixty Degrees East ninety four Poles to a black oak on a hill north thirty ____

poles to two white oaks by a spring North Sixty Degrees East fifty six Poles to two Pines in the head of a Hollow South ____

eighty five Degrees East one hundred and fifty eight Poles to a white oak and ash by a Creek South thirty Degrees East forty

two Poles crossing the Creek to a white and black Oaks on a hill side and thence three hundred Poles a long the hill to the ____

Beginning. Which said tract or Parcel of Land was granted on Condition of paying our Quitrents[iii] and Cultivating and ____

Improving as in the said Patent is expressed And whereas the said Luke M Sherry hath failed to pay such Quitrents

and William Thompson and William Preston[iv] Executors &c of James Patton[v] deced have made humble Seest[vi] to our ____

Lieutenant and Governor General of our said Colony and Dominion and have obtained a Grant for the same ____

Therefore Knows ye that for {divers} food Causes and Considerations but more especially for and in Consideration

of the Sum of Twenty shillings of good and lawful Money for our use paid to our Receiver General of our –illegible—iIn this our (said) Colony and Dominion. We have Given Granted and Confirmed and by these Presents for us our heirs ____

and successors Do Give Grant and Confirm unto the said William Thompson and William Preston and to their ____

heirs and assigns for—illegible—all the Tract or Parcel of Land and every part and Parcel thereof ____

____

With all Woods Under Woods Swamps Marches Lowgrounds Meadows Feedings and their due Share of all Veins Mines and

Quarries as well discovered as not discovered within the bounds aforesaid and being Part of the said Quantity of one hundred and

fifty six _____ Acres of Land and the {Kings} Waters and Water courses wherein contained together with the Privileges

Of Hunting Hawking Fishing Fowling and all other Profits Commodities and Hereditaments whatsoever to the same or and Part thereof belong

-ing or in any wise appertaining To have hold possess and Enjoy the said Tract of Parcel of Land and all other the before granted Premises

And every Part thereof with their and every of their Appurtenance unto the said William Thompson & William Preston and to their

Heirs and Assigns forever To the only Use and Behovf of them the said William Thompson & William Preston their Heirs and Assigns forever

To be held of us our Heirs and Successors as of our Manor of East Greenwich in the County of Kent in free and Common Soccage

And not in Capite[vii] or by Knights Service Yielding and Paying unto us our Heirs and Successors for every fifty Acres of

Land and so Proportionably for a lesser or greater Quanitity than fifty Acres the Fee Rent of one Shilling Yearly to be paid upon the

Feast of Saint Michael the Archangel and also Cultivating and Improving three Acres part of every fifty of the Tract abovementioned

within three Years after the Date of these Presents Provided always that if three Years of the said Fee Rent shall at any time

be in Arrear and Unpaid or if the said William Thompson & William Preston their Heirs or Assigns do not within the Space

of three Years next coming after the Date of these Presents Cultivate and Improve three Acres part of every fifty of the Tract

abovementioned Then the Estate hereby Granted shall Cease and be Utterly Determined and thereafter it shall and may be Lawful

to and for us our Heirs and Successors to grant the same Lands and Premises with the Appurtenances unto such other Person or Persons

as we our Heirs and Successors shall think fit In Witness whereof we have Caused these our Letters Patent to be made Witness

our Trusty and welbeloved John Earl of Dunmore[viii] ____ our Lieutenant and Governor General ____  of our said Colony and

Dominion at Williamsburgh Under the Seal of our said Colony the fifteenth Day of June____ One thousand Seven hundred and Seventy three ____ in the Thirteenth Year of our Reign

 

Dunmore [Signature]

 

 

 

—————

Date:             June 11, 1773

Subject:        Land Survey for Failure of Payment by Luke M. Sherry

Author:        John Earl of Dunmore

Keywords:   Botetourt County, County of Augusta, Luke M. Sherry, William Thompson, William Preston, James Patton, John Earl of Dunmore, Land Survey

Summary:     This document is a land survey. A tract of land was given to Luke M. Sherry given that he pays rent to James Patton. James Patton became deceased, and control of his land was given to William Thompson and William Preston, his executors. Luke M. Sherry failed to pay rent, therefore the land was returned to William Thompson and William Preston. If William Thompson and William Preston, or their heirs, do not pay rent or better a specific numbers of acres within three years, the land will be taken away from them as well.

 

[i] Exam.d is the abbreviation for examined.

 

[ii] Elliott, James (m. Sarah Moore)- lived in the township of Captain Bollar’s Company in Botetourt County, Va in 1785. Married to Sarah Moore on February 22, 1778 in Rockbridge County, Virginia. To the best of our ability, this matches closest to the James Elliott mentioned in this document based on locations and years recorded. https://search.ancestry.com/cgi-bin/sse.dll?indiv=1&dbid=3578&h=32568544&tid=&pid=&usePUB=true&_phsrc=gvR8&_phstart=successSource.  https://search.ancestry.com/cgi-bin/sse.dll?indiv=1&dbid=3002&h=35949&tid=&pid=&usePUB=true&_phsrc=gvR12&_phstart=successSource.

 

[iii] Quitrent- a fixed rent payable to a feudal superior in commutation services; specifically: a fixed rent due from a socage tenant.  https://www.merriam-webster.com/dictionary/quitrent.

 

[iv] Preston, Colonel William (December 25, 1729-1783 m. Susanna Smith)- Son of Colonel John Preston and Elizabeth Preston, and born in Limavady, Ireland. He moved with his family to Augusta County, Virginia in 1738. He survived the Draper’s Meadow Massacre that his uncle James Patton was killed during the incident. He married Susanna Smith on January 17, 1761 and had twelve children. His family moved to Smithfield Plantation in Blacksburg, Virginia in 1774, after living at Greenfield Plantation at Fincastle, Botetourt County, Virginia. He was a Captain of a Company of Rangers of Augusta County, Virginia in the French and Indian War. He was a Burgess for Augusta County in 1765 and 1766-1768 and for Botetourt County in 1769-1771. He was County Lieutenant, Sheriff and Surveyor of Fincastle County, Virginia 1772-1776 which included the present State of Kentucky. He is buried in the Preston Family Cemetery at Smithfield Plantation. https://en.wikipedia.org/wiki/William_Preston_(Virginia). http://www.holstonia.net/files/PattonPart1.pdf. https://www.findagrave.com/memorial/7727600/william-preston.

 

[v] Patton, James (c1692-1755)-Royal Navy Officer from Ireland, moved with his sister Elizabeth Preston and her husband Colonel John Preston to Augusta County, Virginia in 1738. Between 1740 and his death in 1755, he held the Augusta County offices of Justice of the peace, Colonel of Militia, Lieutenant, President of the Court, and Sheriff. He was also the President of the Augusta Parish Vestry, and a member of the House of Burgesses. He is the uncle of William Preston. It is reported he was killed by Native Americans near the present Smithfield Plantation house in Blacksburg, Virginia.  http://www.holstonia.net/files/PattonPart1.pdf.

 

[vi] Seest- (archaic) second-person singular simple present form of see. http://www.yourdictionary.com/seest.

 

[vii] In Capite- holding immediately of one’s lord; especially: holding directly of the crown.  https://www.merriam-webster.com/dictionary/in%20capite.

 

[viii] Murray, John (1730-February 25, 1809 m. Charlotte Murray)- Murray was born in Taymouth, Scotland. His parents are William and Catherine Murray. He is the nephew of John Murray, the second Earl of Dunmore. Becomes Virginia’s last royal Governor and John Earl of Dunmore in 1770. On November 7, 1775, he issued a proclamation that offered freedom to slaves and indentured servants who would leave their masters to fight with the British. He is buried at the Church of St. Lawrence in Ramsgate, Kent. http://www.history.org/almanack/people/bios/biodun.cfm.

 

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