Orange Co. VA Deed of Partition executed by the heirs of John Vivion III. Source: Genealogies of Virginia Families, Vol. V: Vivion Family of Virginia by Charles Brunk Heinemann. On Family Tree Maker CD #162, Virginia Genealogies #1.

INDENTURE OF DEED OF PARTITION, ORANGE COUNTY, VIRGINIA, Deed Book 20, Page 261, Dated July 23, 1791, Finally Recorded February 24, 1794.

This indenture made this twenty third day of July one thousand seven hundred and ninety one between Vivion Daniel and Elizabeth his wife of the County of Fayette, Wm. Quarles and Frances his wife of the County of Spotsylvania. Thacker Vivion of the State of Georgia, Rhodes Thomson and Salle his wife of the County of Woodford, Charles Vivion of the State of North Carolina, Wm. Ferguson and Margaret his wife of the County of Spotsylvania, Jackey Vivion, Thacker Smith Vivion, Milton Vivion, Thomas Vivion, Harvey Vivion, Flavel Vivion, Sons of John Vivion Dec'd of the County of Fayette, Austin Webb, John Vivion Webb, William Jr., Garland Webb, Thacker Webb, Charles Webb, Wyatt Webb, children of William and Jane Webb, the said Jane being daughter of John Vivion, Decd., Reuben Lansford and Frances Vivion Lansford his wife, the said Frances being the daughter of William and Jane Webb, also, on the one part and Isaac Graves of the County of Orange of the other part.

Witnesseth that the s'd Vivion Daniel & Elizabeth his wife, Wm. Quarles and Francis his wife, Thacker Vivion, Rhodes Thomson & Salle his wife, Charles Vivion, William Ferguson & Margaret his wife, Jackey Vivion, Thacker Smith Vivion, Flavel Vivion, Austin Webb, Vivion Webb, William Webb, Garland Webb, Thacker Webb, Charles Webb, Wyatt Webb, Reuben Lansford, and Francis Vivion Lansford his wife, For and in consideration of the sum of three hundred and forty two pounds Sd in due proportion. The receipt whereof we do hereby acknowledge, have given bargained and sold, enfeoffed and confirmed and by these presents, do give, grant, bargain, sell, enfeoff and confirm unto the sd Isaac Graves, his heirs and assigns forever one certain tract or parcel of land, containing Three Hundred and Eighty acres, be the Same more or less, situate lying and being in the County of Orange, and part of a larger tract belonging to and whereof the late John Vivion, Dec'd was seized and possessed at his death, Bounded as followeth:

Beginning at a Mulberry on the North side of the North Branch of Pamunkey River, Corner to the sd Graves. Thence with his line, South 60º West 334 poles to Road, Oaks and a white Oak, in the south side of the main road, thence down the said road to a pine on the south and a white oak on the north side of the same thence north 52º East 289 pole to a Birch on the North side of the said river, Thence up the several meanders thereof to the beginning. Together with all houses, garden, orchards, woods, ways, waters, water courses, profits, comodities - Hereditaments and appurtenances thereto belonging, or in any wise appertaining thereto, Reversion and Reversions, Remainder and Remainders, Rents issues and profits thereof and of all the estate Right title interest Claim and demand of the said Vivion Daniel and Elizabeth his wife, Wm. Quarles and Francis his wife.

Thacker Vivion, Rhodes Thomson and Salle his wife, Charles Vivion, William Ferguson and Margaret his wife, Jackey Vivion, Thacker Smith Vivion, Milton Vivion, Thomas Vivion, Harvey Vivion, Flavel Vivion, Austin Webb, John Vivion Webb, William Webb Jr., Garland Webb, Thacker Webb, Charles Webb, Wyatt Webb, Reuben Lansford and his wife, Frances Vivion Lansford, of in and to the same, to have and to hold the sd tract or parcel of land and all and singular the premises, hereinbefore mentioned. Or to intend to be hereby granted, to the said Isaac Graves, his heirs and assigns forever, to the only use of him the sd Isaac Graves, his heirs and assigns and the sd Vivion Daniel and Elizabeth his wife. William Quarles and Frances his wife, Thacker Vivion, Rhodes Thomson and Salle his wofe, Charles Vivion, William Ferguson and Margaret his wife. Jackey Vivion, Harvey Vivion, Flavel Vivion, Austin Webb, Vivion Webb, William Webb, Junior, Garland Webb, Thacker Webb, Charles Webb, Wyatt Webb, Reuben Lansford and Francis Vivion Lansford for themselves, their heirs, Executors, adrurts and assigns, Doth covenant and grant to and with the said Isaac Graves, his heirs and assigns, that he the said Isaac Graves, his heirs and assigns shall and may from time to time and at all times hereafter peacably and quietly, have, hold, occupy, possess, and enjoy the said tract or pracell of land and all and singular the premises hereunto before mentioned, or intend to be hereby granted without lett, suit trouble, molestation, interruption, or hinderance of us the sd Vivion Daniel and Elizabeth his wie, William Quarles and Francis his wife, Thacker Vivion, Rhodes Thomson and Salle his wife, Charles Vivion, William Ferguson and Margaret his wife, Jackey Vivion, Thacker Smith Vivion, Milton Vivion.

Thomas Vivion, Hervey Vivion, Flavel Vivion, Austin Webb, John Vivion Webb, William Webb, Junior, Garland Webb, Thacker Webb, Charles Webb, Wyatt Webb, Reuben Lansford and his wife Frances Vivion Lansford, or of any other person or persons whatsoever, and further the said Vivion Daniel and Elizabeth his wife, William Quarles and Francis his wife, Thacker Vivion, Rhodes Thomson and Salle his wife, Charles Vivion, William Ferguson and Margaret his wife, Jackey Vivion, Thacker Smith Vivion, Milton Vivion, Thomas Vivion, Hervey Vivion, Flavel Vivion, Austin Webb, John Vivion Webb, William Webb, Junior, Reuben Lansford and his wife Frances Vivion Lansford, Forever their and each of their heirs, respectively the above granted premises with the appurtenances and every part and parcel thereof unto the said Isaac Graves his heirs and assigns against the lawful claim and demand of all and every person and persons whatever, Shall and will warrant and forever Defend in the following proportion that is to say: For Vivion Daniell and Elizabeth his wife, Forty Seven and 1/2 acres, For William Quarles and Frances his wife, Forty seven and 1/2 acres. Forty Seven and a half acres for William Ferguson and Margaret his wife, forty seven and a half acres for Jackey Vivion, Thacker Smith Vivion, Milton Vivion, Thomas Vivion, Harvey Vivion, Flavel Vivion - forty seven and a half acres for Austin Webb, Vivion Webb, Wm. Webb, Jr., Garland Webb, Thacker Webb, Charles Webb, Wyatt Webb, Reuben Lansford and Frances Vivion Lansford forty seven and a half acres.

By these presents in witness whereof the said Vivion Daniel and Elizabeth his wife, William Quarles and Francis his wife, Thacker Vivion, Rhodes Thomson and Salle his wife, Charles Vivion, William Ferguson and Margaret his wife, Jackey Vivion, Thacker Smith Vivion, Milton Vivion, Thomas Vivion, Hervey Vivion, Flavel Vivion, Austin Webb, John Vivion Webb, William Webb, Junior, Reuben Lansford and his wife Frances Vivion Lansford, hath hereunto set their hands and affixed their seals the day and year first above written.

Be it remembered that this is the proportion in which the above mention land decended in parcenary from John Vivion Decd to his descendants.

In presence of Teste: James McMillion, William Bush, Robert Campbell

Signed by Vivion Daniel, Elizabeth Daniel, Thacker Webb, Rhodes Thomson, Sara Thomson, Thos. Vivion, Hervey Vivion, Flavel (his mark X) Vivion, John Vivion Thacker Smith Vivion, Milton Vivion.

(written on margin of page 264): "Acknowledged by John Vivion for himself and for all the rest of the Vivions, Except Flavel Vivion who is not of age. By a power of attorney from the rest of the said Vivions before us."

Witnesses: James Taylor, Jr., James Taylor, Charles Bell.

Following are the required acknowledgments and releases of dower.

COMMISSION TO INVESTIGATE ORANGE COUNTY, VIRGINIA. Deed Book 20, pg. 264

The Commonwealth of Virginia to Wm. Bush and Jas. McMillion, Gentlemen Greeting whereas Vivion Daniel and Elizabeth and his wofe of the county of Fayette, Wm. Quarles and Frances his wife of Spotsylvania County, Thacker Vivion of the State of Georgia, Rhodes Thomson and Salle his wife of the County of Woodford, Charles Vivion of the state of North Carolina, Wm. Ferguson and Margeret his wife of the County of Spotsylvania, Jackey Vivion, Thacker Smith Vivion, Milton Vivion, Thomas Vivion, Harvey Vivion, Flavel Vivion sons of John Vivion Dec'd of the County of Fayette. Austin Webb, John Vivion Webb, Wm. Webb, Junior, Garland Webb, Thacker Webb, Charles Webb, Wyatt Webb, children of Wm. and Jane Webb. The said Jane being the daughter of John Vivion, dec'd.

Reuben lansford and Frances Vivion Lansford his wife the said Frances being a daughter of William and Jane Webb.

By this indenture of bargain and sale bearing the date the 23^rd day of July, 1791 have conveyed the fee simple Estate of three hundred and eighty acres of land be the same more or less. Lying and being in the County of Orange unto Isaac Graves and whereas the said Elizabeth Daniel and Salle Thomson cannot conveniently travel to our County Court of Orange to make acknowledgment of the conveyance aforesaid. Therefore we do give unto you or to any two of you power to receive the acknowledgement which the said Elizabeth Daniel and Salle Thomson shall be willing to make before you of the conveyance aforesaid contained in the s'd Indenture, which is hereunto annexed, and we do command you that you do personally go to the said Elizabeth Daniel and Salle Thomson and examine them privately and apart from their husbands and whether they doth the same freely and voluntarily without the persuasion or threats of the said Vivion and Rhodes Thomson and whether they be willing that the same should be recorded in our County Court of Orange and when you have received their asknowledgement and examined them as aforesaid, that you distinctly and openly certify our justice therof in our said County Court of Orange, sending them there the said Indenture of this writ.

Witness James Taylor, Clerk of our said Court at the Court House the day of 1791 in the 15 year of the Commonwealth. James Taylor

RETURN REPORT ON COMMISISON, ORANGE COUNTY, VIRGINIA. Deed Book 20, Pg. 265.

Fayett Co. jstc.

Agreeable to the within commission to us directed. We have examined the within named Elizabeth Daniel and Sarah Thomson privately and apart from their Sd husbands who freely and voluntary relinquished their rights of dower in and to the premises within mentioned and that they are willing that this acknowledgement may be recorded in County Court of Orange.

Given under our hands and seals this 23^rd day of July 1791.

James McMillion and William Bush

Having received the necessary acknowledgement and releases, the Court admitted the deed for recording as follows:

ORDER FOR RECORDING, ORANGE COUNTY, VIRGINIA. Deed Book 20, pg. 266 February 24, 1794

At a Court held for Orange County the 27 day of June 1791 this Indenture with a commission from Vivion Daniel and othes to Isaac Graves was acknowledged by William Quarles and Elizabeth hsi wife, she being first privately examined, Thacker Vivion, Wm. Ferguson and margaret his wife she bing first privately examined and at another Court held for said County the 25^th day of July 1791 was acknowledged by Augustine Webb, John B. Webb, Wm. C. Webb, Jr. and Frances Lansford she being first privately examined, and at another Court held for the said County the 24^th day of February 1794 was acknoweledged by Thacker Webb another of the parties thereto and ordered to be recorded.

Teste: James Taylor, C.O.C.