Old Documents

1729 Indenture between Anne Linton and Son John Linton – Stafford County, Virginia

May I humbly say this is one of the documents every genealogist would love to find – and I am so glad I did!  It wasn’t easy.  Located online the University of Publications of America’s website (this was in 1999) I found the Records of Ante-Bellum Southern Plantations, From the Revolution Through the Civil War.  Series M: Selections from the Virginia Historical Society; Part 1:  Tayloe Family (1650-1870).  Within this 77 page printout were listed papers of the Linton, Scarlett, Barton, Green, Farrow, Hancock, Harrison and other families that were copied by the Tayloe family as being of interest to their lands purchased throughout the year.  Holy Guacamole!  These records are now lost, no longer available at the local courthouses because of fire or some other happenstance.  So, I have in my possession these precious papers that list information about my related families.  The earliest is dated 1685.  There are wills, deeds, indentures, etc.

Today we look at an indenture dated September 8, 1729, in which Anne Linton, widow of John Linton, gives to her son John Linton a tract of land containing 100 acres.  The senior John Linton has died earlier in the year.  I believe he was Captain of a ship, but I have no proof.  His widow, Anne Linton, was the daughter of Edward Barton and Anne Green.  When you read through the indenture you will see the name of Anne Barton, mentioned in her grandmother’s will – this grandmother was Mrs. Anne Green Scarlett, who after the death of her husband William Green, married Martin Scarlett, a Burgess and large land owner.  Also listed in the indenture is Moses Linton, a younger brother to John, and also a son of John and Anne Linton.  He is to receive the 100 acres if John dies without heirs.  I descend from Moses.  A sister of the two brothers, Anne, noted as junior, and named after her mother, is also listed.

This Indenture made the eighth day of September, in the third year of the reign of our Sovereign Lord George the Second, of Great Britain, France and Ireland, King, Defender of the Faith, and in the year of our Lord God, one thousand seven hundred and twenty nine, between Anne Linton, widow of the deceased John Linton, late of Stafford County and Colony of Virginia, Gentleman, of the one part, and John Linton, lawful son of the said John Linton and Anne Linton aforesaid, of said county and colony of the other part, witnesseth that the said Anne Linton, for and in consideration of the natural love and affection she hath and beareth to her said well beloved son John Linton and for divers other good causes and consideration her thus unto moving, hath given, granted and confirmed and by this presents for herself, her heirs and assigns, doth give, grant and confirm to the said John Linton, her son as aforesaid and to the heirs of his body lawfully begotten and for default of such heirs then to her son Moses Linton and to the heirs of his body lawfully begotten, and for default of such heirs then to her right heirs forever, all that plantation, tenant, tract and parcel of land whereon the quarter now is, containing one hundred acres, it lying on Potomac River side and adjoining to the land of Moses Linton aforesaid and is the upper part of a greater tract of land sold by Martin Scarlett, Gentleman, late of said Stafford County, to Thomas Norman, late of said county for three hundred acres lying and being in Overwharton Parish and county of Stafford, aforesaid at the mouths of Occoquan River and Neabsco Creek and bounded as be deed of sale from said Scarlett to said Norman dated the thirteenth day of March in the year of our Lord God one thousand six hundred and eighty seven.  And afterwards by said Thomas Norman bargained and sold to Anne Scarlett, widow of said Martin Scarlett and by said Ann Scarlett given and bequeathed by her last will and testament to the above mentioned Anne Linton by her maiden name and surname, called and designed Anne Barton, daughter of Edward Barton as by said will and testament dated the seventeenth day of February in the year of our Lord God one thousand six hundred and ninety seven relation thereunto being had may now at large appear, the which tract, tenant and plantation of land of one hundred acres hereby given and granted to John Linton aforesaid is intended to be so founded and laid off as that it may begin at the beginning of the greater tract of three hundred acres aforesaid and to run such courses as to leave one hundred acres of the above mentioned greater tract below it adjoining to the said Potomac River and containing the plantation whereon the Widow Kidd now dwells, which is given and granted to Anne Linton, sister of said John Linton, and likewise to tract the residue and remainder of said greater tract being the back part thereof containing the plantation whereon John Wallace now dwells, which is given and granted to Frances Linton, another sister of said John Linton, with all the usages, tenants, houses, out houses, edifices, gardens, orchards, fruit trees, woods, underwoods and meadows, pastures, swamps, marshes, ways, waters, water courses together with the royalties of hunting and hawking, fishing and fowling and of all mines, minerals and quarries and also the privileges, profits commissions and appurtenances and whatever to the said given, granted, promises belonging or in any wise appertaining together also with all yearly rent, rents and profits upon grant and grants, or of any part of them hardly intended to be given and granted and also all the rights, upon possession property claims and demands whatever of her the said Anne Linton of in and to the said tract and parcel of land containing one hundred acres as aforesaid county given and granted to have and to hold the said plantation, tenants and tract and parcel of land containing one hundred acres as aforesaid and all other the privileges before granted and every part thereof with all the right titles, names and appurtenances thereto belonging unto the said John Linton and the heirs of his body lawfully begotten, and of default of such heirs to the above said Moses Linton and to the heirs of his body lawfully begotten and for default of such heirs then to the said Anne Linton.  To the only proper aforesaid John Linton and to the heirs of his body lawfully begotten and for the default of such heirs to the said Moses Linton and to the heirs of his body lawfully begotten and for default of such heirs to the said Anne Linton forever and to no other, yielding and paying the quit rents and for the same to the chief Lord or Lords of the fee, being one shilling for every fifty acres.  And the said Anne Linton for benefit of her

heirs, executors, administrators and assigns doth covenant, promise, grant, agree to and with the said John Linton and the heirs of his body lawfully begotten and for default of said heirs to Moses Linton and the heirs of his body lawfully begotten and for default of said heirs to her right heirs forever that until the said John Linton and his aforesaid heirs own property shall be fully, absolutely and lawfully ordered in the said John Linton.  In witness whereof the said Ann Linton hath hereunto set her hand and seal the day and year above written.

Anne Linton

Signed, sealed and delivered in the presence of Francis Holt, William Davis, Joseph Jacobs, John Wallis

Just to let you know I have been ill the last week or so.  Hopefully all mended.

6 replies »

  1. Pretty fascinating. Have you found a connection back to the Jamestown Colony? The dates are close enough, there could be!Ron

  2. My ancestor James Whitehouse b1758 was transported as an indentured servant at age 14 in the ship Tayloe from England. It’s Captain was John Ogilvie. Maybe your Linton had a connection to that ship through this Tayloe family – or other ships. This bit of info may help you….

    Tamara Fulkerson

    Sent from my iPhone

    >

  3. Oh, my goodness, how wonderful for you to have this for your family! I was just looking at some Tayloe records the other day, a series of “lease for lives” in Loudoun County, VA (no Lintons listed, sorry!) for the same reason you’re looking at Tayloe records: maybe, just maybe, there’s a family connection in those Tayloe business records.

Any thoughts?

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