Captain Jeremiah Smith’s Deed to Sons Andrew, George, and Jonathan

This Indenture of three parts made this 29^th day of March in the year of our Lord one thousand Eight Hundred and ten Between Andrew Smith of Frederick County and State of Virginia of the one part, and George Smith of the County and State aforesaid of the second part, and Johnathan Smith of the County and State aforesaid of the third part. Whereas Jeremiah Smith the Elder late of the County and State aforesaid deceased, father of the said Andrew Smith George Smith and Johnathan Smith, died seized of a certain tract of Land lying and being in the County and State aforesaid on both sides of Back Creek and the great road leading from Winchester to Romney, including several Surveys and Containing Six Hundred and fifteen acres, all of which Land the said Jeremiah Smith decd. did by his last Will devise to the said Andrew Smith George Smith & Johnathan Smith. Now this Indenture Witnesseth, that the said Andrew Smith George Smith and Johnathan Smith have made partition and do by there presents make a full perfect and absolute partition of the said Lands to and ?? them the said Andrew Smith George Smith & Johnathan Smith in these presents in manner and form following (that is to say) that is the said Andrew Smith his heirs and assigns shall have hold and enjoy to the only proper and use and behoof of the said Andrew Smith his heirs and assigns forever, All that part of said Land which is contained in the following metes and bounds to wit Beginning at a white oak (near corner Robert Albins Land thence S76^o W 28 poles to a pine on a hill side thence S36^o W 100 poles to a stake and stone corner to George Smiths part of said Land, thence the partition line between the said Andrew Smith and George Smith S45^o ½ E 19 ½ poles to a stake in the line of one of the original surveys (Vi?? the 400 acre survey) thence with line of said Survey N11^o ½ E 3 poles to the place where a white oak and elm stood corner to another ?? survey (Vi?? The 1150 acre survey) then with a line of the same S78° ½ E 61 poles and 7 links to a stone in said line thence N3^o W 26 poles and 20 links to a stone on the North side of a Steep Hollow thence S78^o ¾ E 7 poles and 21 links to a stake thence N4^o ½ W 31 poles to a stake then N85^o ½ W 4 ½ poles to the Beginning containing two Hundred and Six acres for the part share and proportion of him the said Andrew Smith of in and to the above mentioned six Hundred and fifteen acres of Land so descended unto the said Andrew Smith George Smith and Johnathan Smith as aforesaid, and that the said George Smith his heirs and assigns shall have hold & enjoy to the only proper use and behoof of him the said George Smith his heirs and assigns forever. All that part of the said Six Hundred and fifteen acres of Land Contained in the following metes and bounds to with beginning at Andrew Smiths third corner (a stake and stone) thence ??? W 73 ½ poles to Jonathan Smiths corner a pine thence the Partition line between George Smith and ?? ?? ?? S36^o ½ E 260 ½ poles to a Chestnut oak on the South point of a Ridge (was corner to Henry Blackers land) thence S48^o ½ E 67 poles to the place where a Spanish oak stood, thence N41^o ½ E 110 poles to the place where a Spanish Oak and Walnut Tree stood on the South side of a hill, thence N30^o ½ W 101 poles to a white Oak in Andrew Smiths line, thence with his line reversed N78^o ½ W 45 poles and 192 links to the place where a white oak and elm stood, thence S11^o ½ W 3 poles to a stake thence the Partition line Between him and Andrew Smith reversed N45^o ½ W191 ½ poles to the Beginning containing two hundred and seven acres, for the part above mentioned and proportion of him the said George Smith of in and to the above mentioned Six Hundred and fifteen acres of Land as descended unto the said Andrew Smith George Smith and Johnathan Smith as aforesaid and that the said Johnathan Smith his heirs and assigns shall have hold and enjoy to the only proper use and behoof of the said Johnathan Smith his heirs and assigns forever, all that part of the said six hundred and fifteen acres of Land contained in the following metes and bounds, to wit Beginning at George Smiths second corner, thence S3° (?) W 138 ½ poles to a Stone corner to Jonathan Smiths land, thence S60° (?) E 102 poles to a white oak (now dead) thence S45^o E 41 poles and 20 links to a Stone on the South side of the great Road, thence N45^o E 12 poles to a stone, thence S45^o E 13 poles and 7 ½ links to a red oak on the southeast side of Back Creek, thence S45° W 12 poles to a White pine thence S48^o W 80 ½ poles to a stone, thence S11^o ½ W 14 poles and 16 links to Solomon Gores line, thence with it S78^o ½ E 154 poles to Henry Blackers land thence with it N11^o ½ E 95 ½ poles to chestnut oak on the south point of a Ridge corner to George Smiths land Henry Blackers land thence with the partition line Between George Smith and Johnathan Smith reversed N36° ½ W 260 ½ poles to the Beginning Containing two hundred and two acres for full part, share and proportion of him the said Johnathan Smith of in and to the above Six hundred and fifteen acres of Land so descended unto the said Andrew Smith George Smith and Johnathan Smith as aforesaid, and the said George Smith and Johnathan Smith do and each of them doth by these presents grant assign release and Confirm unto the said Andrew Smith his heirs and assigns the said two Hundred and Six acres as is aforesaid agreed to be held as aforesaid, as his full share or proportion of the said Six hundred and fifteen acres above mentioned and descended as aforesaid to the said Andrew Smith, George Smith and Johnathan Smith, and the whole right title Interest Claim challenge and demand whatsoever of them the said George Smith and Johnathan Smith of in and to the said two Hundred and six acres of Land above mentioned and hereby released and confirmed, or mentioned or intended so to be unto the said Andrew Smith his Heirs and assigns to the only proper use and behoof of him the said Andrew Smith and his heirs and assigns irreversibly forever. And the said Andrew Smith & Johnathan Smith do and each of them doth by these presents grant assign release and confirm unto the said George Smith his heirs and assigns the said two hundred and seven acres so ?? aforesaid, agreed to hold as aforesaid as his full share ??? proportion of the said Six Hundred and fifteen acres. Land descended as aforesaid to the said Andrew Smith, George Smith and Johnathan Smith, and all the estate right title interest claim challenge and demand whatsoever of them the said Andrew Smith & Johnathan Smith of in or to the said two Hundred and Seven acres of Land above mentioned and hereby released to the said George Smith as aforesaid. To have and to Hold the two Hundred and seven acres with the appurtenances hereby released and confirmed as mentioned or intended so to be, unto the said George Smith his heirs or assigns to the only proper use and behoof of him the said George Smith his heirs and assigns in ???? forever. And, the said Andrew Smith and George Smith do and each of them doth by these presents grant assign release and confirm unto the said Johnathan Smith his heirs and assigns the said two Hundred and two acres so as aforesaid, agreed to be held as aforesaid as his full share and proportion of the above mentioned six Hundred and fifteen acres of Land so descended unto the said Andrew Smith George Smith and Johnathan Smith as aforesaid, all the Estate right title interest claim challenge and demand whatsoever of them the said Andrew Smith and George Smith of in or to the said two Hundred and two acres of Land above mentioned and hereby released to the said Johnathan Smith as aforesaid. To Have and to Hold the said two hundred and two acres with the appurtenances hereby released and confirmed as mentioned or intended so to be, unto the said Johnathan Smith his heirs or assigns to the only proper use and behoof of him the said Johnathan Smith his heirs and assigns in severalty forever. And the said George Smith and Johnathan Smith do severally and apart and not jointly, and for their several and respective heirs Executors and administrators covenant grant and agree to and with the said Andrew Smith his heirs and assigns as hath? And may from henceforth forever hereafter hereby and quietly have, hold, occupy possess and enjoy the said two hundred and six acres of Land with the appurtenances therein belonging, so allotted and released to him the said Andrew Smith for his part or Share as aforesaid, Free and Clear of and from all this gifts grants Bargains Sales and Encumbrances whatsoever were made done or referred to be done by them the said George Smith and Johnathan Smith of any other person or persons claiming or acting by from as under them or either of them. And the said Andrew Smith & Jonathan Smith do severally and apart and not jointly, and for their several and respective heirs Executors and administrators covenant grant and agree to and with the said George Smith his heirs and assigns that he that said George Smith his heirs and assigns shall and may from henceforth forever hereafter honorably and quietly have hold occupy possess and enjoy the said two Hundred and seven acres of Land with the appurtenances hereunto belonging, so allotted and released to him the said George Smith for his part or share as aforesaid, Free and Clear of and from all other gifts grants Bargains sales and Encumbrances whatsoever made done or offered to be done by them the said Andrew Smith and Jonathan Smith or any person or person claiming by from or under them or either of them_________

And the said Andrew Smith and George Smith do severally and apart and not jointly, and for their several and respective heirs Executors and administrators Covenant grant and agree to and with the said Johnathan Smith his Heirs and assigns that he the said Johnathan Smith his heirs and assigns shall and now from henceforth forever hereafter peaceably and quietly have hold occupy possess and enjoy the said above two hundred and two acres of Land with the appurtenances thereunto belonging, so allotted and released to him the said Johnathan Smith for his part or share as aforesaid, Free and Clear of and from all other gifts grants bargains sales and Encumbrances whatsoever made done or offered to be done by the said Andrew Smith and George Smith or any other person or persons claiming by from or under them or either of them. In Witness whereof, the said Andrew Smith George Smith and Johnathan Smith have here unto set their hands and affixed their seal the day and year first above written.

Signed Sealed and acknowledged

in the presence of _ _ _ his

John Wiley Andrew x Smith (AS)

Johnathan Lovett mark

Ann Lovett George Smith (GS)

Johnathan Smith (JS)

At a Superior Court of Law held for Frederick County at the Court house of the said County on Monday the 7^th day of may 1810-

This Deed of partition between Andrew Smith of the one part George Smith of the second part and Johnathan Smith of the third part was acknowledged by the said parties and ordered to be recorded.

Teste

D. Lee

This land deed was deciphered and typed by M. Blaire Wilson. The deed was written in a very small hand writing making it hard to clearly interpret some individual words. Every attempt was made to record this deed as accurately and as close to the original format as possible. In places where a word could not be defined or not clearly understood a (?) is inserted beside or in place of the word.

Blaire Wilson

21 February, 1998