Landon Carter to Joseph Wilkinson - Lease - 1749

Submitted by Clara Lawver

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Personal Papers, Fairfax Family Proprietary
Papers, 1688 -1810. Accession #24062
Folder 40, Lease for three Lives. Landon
Carter of Richmond County to Joseph
Wilkinson, dated 27 November 1749

Carter
To Lease
Wilkinson

A Copy

This indenture made the 27th day of November
in the year of our lord one thousand seven hundred
and forty nine. Between Landon Carter of the County
of Richmond esq on the one part and Joseph Wilkinson
Planter on the other part Witnesseth that the said
Landon Carter for and in Consideration of the rents and
Covenants herein after reserved and on the part
of the said Joseph Winkinson mentioned to be paid
and performed hath demised granted set and to
form letter and by these presents Doth demise grant
set and to form letter unto the said Joseph Wilkinson
his heirs and Assigns one hundred and fifty
Acres of land with the appurtenances . except all
mines minerals and quarries whatsoever / lying
and being in the parish of in the County of Fre-
=derick on the branches of the river Opechon in the
said County of Frederick being part of a tract of land
of Eight thousand acres called the Shenan
=doah tract and bounded as followeth . Vis . Begin-
=ning at a white oak in the dividing line be-
=tween the said Carter and the land of W. Ro-
=bert Page a running thence along aline of
marked trees No. 37..30 E. 202 poles to a parcel of
stones in the outline of the original grant thence
along the said line No.79.. W 176 poles to a locust
tree standing in the said. Line thence So.37..30
W.130 poles to an oak corner to lott No. 44. thence
along the line of the said lott So.51..E. to the beginning

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the same being the lott No. 45 in a platt made by William
Garland Surveyor of Richmond County being in all one
hundred and fifty seven acres of land and no more To
have and to hold the said land and premises except
before excepted / to the said Joseph Wilkinson and his As-
=signs for and during the Natural lives of the said
Joseph Wilkinson Samuel Wilkison son of the said Joseph
Wilkison Samuel / and Massey Wilkison daughter to
the said Joseph and for and during the natural life and
and lives of the longest liver of them.. yielding and paying
therefore yearly and every year during the said term to
the said Landon Carter at the dwelling house of the
said Carter his heirs and Assigns the sum of forty
shillings Current money of Virginia. And the yearly
quitrents for the said 157 Acres the first of which payments
to commence and become due on the 25th day of
December which shall be in the year of our lord One thou
-sand seven hundred and fifty one. And if it shall
hapen the said yearly rent of forty shillings and
the quitrents as aforesaid or any part thereof should
be behind and unpaid by the space of Sixty days after
the days and at the places appointed for the payment
thereof and the same being lawfully demanded at the
Messuage* of the said Joseph Wilkison or his assigns
upon the demised premises and there shall not be goods
and chattels of the sd.Joseph Wilkison or his assigns upon
the said premises sufficient by distress to satisfy and

[[Messuage: a dwelling house with outbuildings]]

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pay the rent is in arreat that then and in that case
it shall and may be lawful to and for the said
Landon Carter his heirs and Assigns into and
upon the said land and premises to reenter and
the same to hold maintain retain and enjoy as
of his or their former estate.. this indenture or any
thing therein Contained to the Contrary in any
wise Notwithstanding. And the said Joseph Wil
kinson for himself his excr Admis or assigns doth
Covenant promise and agree to and with the said
Landon Carter his heirs and assigns by these presents
in manner following, that is to say. That he the said
Joseph Wilkison or his Assigns shall and will
within three years after the date of these presents
plant upon the demised premises or upon some
part thereof three hundred good fruit trees whereof
one third at least to be good Apple trees and the same
will inclose with a good sufficient and lawful
fence, and that he and they shall and will erect
and build agood dwelling house twenty feet by
Sixteen and a tobacco house thirty two feet by twen
=ty after the manner of Virginia building. And
will from time to time and at all times during
the said term well and sufficiently maintain &
keep all and singular the Messuages buildings and
fences which are to be built or at any time during
the said term shall be upon the demised Premises

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in good and sufficient repair and at the end or sooner
a determination of the term aforesaid will so yield up
and leave the same to the said Landon Carter his heirs
or assigns and that the said Joseph Wilkison and his
Assigns shall not at any time during the said term
without the leave or license of the said Landon Carter
his heir or Assigns or his or their lawful Attorney or
Attornies first obtained in writing work or cause or
suffer to be worked the demised premises with no more
than four labouring hands. that is to say such hands
as are generally allowed in the Colony of Virginia
to be full shares in a Crop and reckoning so in any weak
hands 'for a shearer' or labouring hand as a reasonable
overseer would or ought at such time to adjudge and
esteem them to be and that the said Joseph Wilkison or his
Assigns sHall not commit or suffer to be committed
any waste upon the demised premises nor without leave
obtained as aforesaid sell and dispose of or suffer any
of the wood or timeber thereon to be disposed of otherwise
than for the buildings and fences and necessary uses
of the plantation or plantations on the demised pre-
=mises. And further that it shall and may be lawful
to and for the said landon Carter his heirs and Assigns
his and their lawful Attorney and Attornies and
his and their servants and workmen and ever
of them at all times during the term aforesaid into
all or any part of the demised premises. the dwelling house

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and other houses and orchards thereupon being only
excepted to enter and thereto dig search or drain for
any mines of iron led Copper of other mine and have
free ingress egress and digress from time to time dur-
=ing the same and for carrying the same away with
Carts waggons Carriages horses and oxen from
time to time to the use and at the pleasure of the
said Landon Carter his heirs and assigns and
that the said Landon Carter his heirs and Assigns
shall and may from time to time during the
said term have free use of any part of the lands
hereby demised except the houses and orchards afore
mentioned for the laying and of the mines afore-
mentioned to be gotten in the demised premises
he and they from time to time making full
recompence to the said Joseph Wilkison or his as-
=signs for such loss as he or they shall sustain by
reason of the digging carrying away or laying
the Mines aforesaid on any of the demised
Premises during the term hereby demised. And
moreover that which ever eight of the Tenants shall
by a declaration in writing under their hands
adjudge apath or road needful to be made this
any part of the demised premises it shall and
may be lawful for the said Landon Carter his
Heirs or Assigns or his or their lawvul Attorney or

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Attornies to cause such path or road to be made
and cleared by the persons desiring the same without
any interruption or Molestation from the sd. Joseph
Wilkison or his Assigns and for the preventing any
claim or pretence or right in him the said Joseph
Wilkison his heirs or Assigns the said Joseph Wilkison
doth further Covenant and agree to and with the
said Landon Carter at the end of the term aforesaid
it shall and may be lawful for the said Landon
Carter his heirs or assigns to reenter the said land
and premises dem8 the same to hold again retain
and enjoy as if this deed had never been made. &
the said Joseph Wilkison doth further Covenant
and agree to and with the said Landon Carter
his heirs or assigns that if he shall at any time
make a breach or failure of any part of the above
Covenants that then it shall and may be lawful
for the sd. Landon Carter his heirs or assigns to reenter
again retain and enjoy as if this deed had never
been made In Witness whereof the said Joseph Wilkison
and the said Landon Carter have hereunto inter-
=changeably set their hands and Seals the day
and year first above written
Sealed and Delivered in the Landon Carter Ls
presence of
William Garland Landon
Carter Jr David Smith Wm. Smith
John Love a. Joseph Robins John Bryan
his
John (A) Armstrong
mark

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At a Court held for frederick County on Tuesday
the 13th day of february 1749
This lease for lives
from Landon Carter esq. to Joseph Wilkinson was
heard in open court by the oaths of Joseph Robins
John Bryand and John . Armstrong [[??]]
thereto and on the motion of the said Joseph
was admitted to record

teste CWood CC

[[copied by marred out]]

 

Notes:

The words demise and/or devise may have been used interchangeably
a conveyance or transfer of an estate. to transfer (an estate) for a limited time; lease

Surname: Wilkinson: 6 times
Wilkison: 13 times
Winkinson: 1 time

The word: messuage n. Law. A dwelling house with its out-
buildings and adjoining lands. [Middle English, from Norman French, household,
probably based on a misreading of Old French mes(s)nage, MENAGE.]
Above definition from: The American Heritage Dictionary of the English
Language, Seventh Printing (c) 1971

 

 

 

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