ref. Harrison Co., (W)Va, Deed Book 13, pp. 438-439

Benneger & Smith heirs

To // Deed

Smith

THIS INDENTURE made the twenty second day of October in the year

Eighteen hundred and seventeen between Samuel Benneger & Judith his wife

William Begle and Catherin his wife heirs and devisees of Andrew Smith

deceasd all of Harrison County & State of Virginia of the one part and

George Smith of the County of Frederick & State aforesaid of the other

part

WITNISSETH that the said Samuel Bennagar & Judeth his wife William

Begle & catherin his wife for and in consideration of the sum of six

hundred dollars to them in hand paid, the receipt whereof is hereby

aknowledged hath granted bargained sold released and confirmed and by

these presants doth grant bargain sell and confirm unto the said George

Smith one third part of an undivided tract or parsle of land in the

county of Frederick & State aforesaid situate on the north westerly side

of Back Creek, and bounded by the lands of said George Smith and lands

claimed by the heirs of Robert Albin decesd it being the same tract of

land heretofore owned and occupied by the aforesaid Andrew Smith

deceas'd and containing one hundred and ninty three acres and one fourth

of an acres also all their rite title intrust and claim that the said

Samuel Bennegar & Judeth his wife William Begle and Catherin his wife

claim in and to two tracts or parcles of land on Simpsons Creek in

Harrison County & containing six hundred and thirty six acres with said

intrust in said last described lands is by them claimed as heirs of

Andrew Smith deceased to have and to hold their rite title intrust and

claim either in law or equity to the before mentioned tracts or parcels

of land with all their appurtenances unto the said George Smith and his

heirs and assigns forever and they the said Samuel Benniger & Judeth his

wife William Begle and Catherin his wife for themselves and their heirs

&c doth covenant that they will forever warrant and defend (all the rite

and title either in law or equity which they claim as the heirs at law

of Andrew Smith deceas'd) to the before mentioned tracts or parsle of

lands with all the appurtenances unto the said George Smith and his

heirs and assigns from themselves and their heirs and from any person or

persons claiming by from or under them. In witness whereof they the said

Samuel Bennegar and Judith his wife William Begle & Catherin his wife

hath hereunto set their hands and affixed their seals the day and year

first above writen

Samuel (his X mark) Bennagar (Seal)

Judath (hir X mark) Bennagar (Seal)

William (his X mark) Begle (Seal)

Catharin (hir X mark) Begle (Seal)

Harrison County towit

This day Samuel Bennagar & Judath his wife William Begle

Catharin his wife parties came before us the subscribers Justices of the

peace in & for said County and acknowledged the within deed of

conveyance to George Smith the said Judath & Catharin being examined

seperate and apart from their husbands and consenting and have desired

that we certify the same to the County Court of Harrison & Frederick to

be recorded given under our hands and seals this 23d day of October 1817

James Fleming (Seal)

N. Shuttlesworth (Seal)

Harrison County Clerks Office 3 Nov. 1817

This deed was presented to my office and admtd to record with

annexed certificate

Teste

J Wilson Jr C H C