Family Stories

Indenture Between Henry Asley Bennett and William Winner

Loudoun County, Virginia, Deeds 1789-1790

pp. 377-380

This indenture made this first day of June in the year of our Lord one thousand seven hundred and eighty nine, between the Honorable Henry Asley Bennett, Esquire, of the Kingdom of Great Britain of one part, and William Winner and Elizabeth, his wife, administratrix of John Vanbuskirk, deceased, of the county of Loudoun of the other part.  Whereas Henry Asley Bennett, Esquire, by his letter of attorney bearing date the 15thday of August 1788, did nominate, constitute and appoint Robert Townsend Hooe and Charles Little, Esquires, of the county of Fairfax his attorneys, to take charge of all the lands, Negroes, stocks and every other article, matter or thing to which he had or might have any right, title or claim under the wills of the late John Colville of county of Fairfax and the late Charles Earl of Tankerville of Great Britain and empowering them or either of them to sell, lease or otherwise dispose of his said lands and estate as they may judge best for his interest and upon the selling, leasing or disposing of his lands or other estates or any part of them, to make and execute and also acknowledge in the name of Henry Asley Bennett, Esquire, proper and sufficient deeds, leases and instruments in writing for such purposes by the said letter of attorney, duly proven and recorded in Fairfax County Court, will fully appear, and whereas William Winner and Elizabeth, his wife, late Elizabeth Vanbuskirk, the widow and relict of John Vanbuskirk, deceased, administratrix of said deed, has proved a right in a lease of a certain lot of land to contain one hundred acres promised to a certain John Vanbuskirk for the term of three lives by John Patterson, former agent to the late Earl of Tankerville, at the annual rent of three pounds current money per annum, per hundred acres.  Now this indenture witnesseth that in compliance with the aforesaid promise and award and in consideration of the rents and covenants herein after expressed to be paid and performed the said Henry Asley Bennett, Esquire, hath demised, set and to farm let unto William and Elizabeth, the administratrix aforesaid, their heirs one lot of land lying within the tract commonly called the Catocton Manor, and bounded, beginning at two red oaks by Firestone’s fence corner to the patent, running thence N 42 W 135 poles to a box oak, then N 40 W 142 poles to a small hickory in the lane between Borders and Hickman, then S 41 W 81 ½ poles to a white oak in the line of Axline’s lot, then S 41 E 120 poles to a swamp white oak corner to Beaver’s lot and in the line of Hough’s lot, then along his line N 50 E 28 poles to a pile of stones in the field, then along another line of said Hough’s lot, S 37 E 93 poles to a gum corner of the patent, then along a line of said Patent N 87 ½ E 84 poles o the beginning, containing 111 ¼ acres and is the lot number 49 in Payne and Summers survey acres, together with all houses, orchards, profits and emoluments thereunto belonging except as is hereafter excepted, to have and to hold the said one hundred and eleven & ¼ acres of land with the appurtenances thereunto belonging, all mines, quarries and minerals excepted; unto William and Elizabeth, as administratrix, their heirs during the natural lives of him, the said William Winner, aged 57 years, his wife Elizabeth, aged 45 years, the other expired, or the longest liver of them, paying every year unto Henry Asley Bennett, Esquire, his certain attorneys, his heirs the sum of three pounds, six shillings and nine pence current money of Virginia.  And William Winner and Elizabeth, the administratrix aforesaid, for themselves, their heirs, doth agree that they shall at all times keep up a dwelling house twenty-six feet by twenty-two of square logs and also a barn or granary thirty-six by twenty-four and also an orchard containing one hundred good apple trees and one hundred good peach trees and deliver the said tenement with good fencing and the said improvements all in good order and repair at the expiration of the term aforesaid.  In withness whereof Robert Townsend Hooe and Charles Little have hereunto set the hand and affixed the seal of the said Henry Asley Bennett, Esquire, the day and year first mentioned.                  Henry Asley Bennett

Sealed and delivered in presence of Adam Shover, John Davis and Jacob Philips

At a Court held for Loudoun County December 14, 1789

This indenture was acknowledged to be the act and deed of Honorable Henry Asley Bennett, Esquire, by Charles Little, attorney for said Bennett and ordered to be recorded.

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