Ritchey and I just finished a wonderful week in Canada with our daughter, son-in-law and grandchildren – first visit since moving to Kentucky in October.  What a glorious time together!  Kate has a small garden in their yard and we enjoyed fresh veggies – she is a marvelous cook!  Both grands have grown, but Julian’s head is at the top of my glasses!  And his voice has deepened!  Percy is so slim and looks taller because of it!  She is our outdoors girl.  Both spent time in the pool with granddaddy!

While searching for deeds in Nelson County, for my early Mason and Linton families, I came across this deposition of Hancock Lee for George Mason, Defendant, for a land suit with George Wilson, Plaintiff.  At first, I thought this was perhaps the brother of my Ann Mason who married Captain John Linton?  But once I saw the amount of land involved, I knew it wasn’t.  They weren’t the ‘famous and fabulously rich’ Masons, just a lower branch!  But I wanted to share this with you as we have many of the old names from Virginia in Kentucky.

Col. George Mason was the owner of Gunston Hall Plantation in the County of Fairfax, Virginia.  He was a great proponent of states rights. 

At this time, in 1789, Kentucky was still part of Virginia.  Mason worked with George Washington in 1769 when both were members of the Virginia House of Burgesses.  As a man who continually had health issues he died at the age of 67.

The second character of our story is Hancock Lee, a Virginia surveyor and pioneer who came to Kentucky about 1774-1775, where he and his brother Willis Lee founded Leestown, now part of Frankfort.

Our story begins in 1779, or possibly a year earlier, when Col. George Mason asked Hancock Lee to go to the ‘western country’ – Kentucky – and locate land for him.  Col. Richard Henderson told Col. George Mason there was much good land, especially near Panther Creek.  Hancock Lee started his journey and met Col. Henderson in Kentucky, who told him how to find the particular lands.  Hancock traveled on to what is now western Kentucky, just southwest of Owensboro and in what is now Daviess County.  There he found the property laid off by Edward Hogan and Leonard Helm, in the spring of 1780, with their initials on trees – EH and LH.  A survey of the land was made in the fall of 8,400 acres on the upper side of Panther Creek.

And the third character is a George Wilson who sued Col. George Mason for the said 8,300 acres of land. Yes, there is a discrepancy of 100 acres!

As with many Kentucky lands during that time, there were questions about land ownership.  Hancock Lee gave a deposition about his journey to Kentucky and the lands claimed for George Mason June 30, 1785, in Prince William County, Virginia. 

Virginia, Prince William County Court

1785

The deposition of Hancock Lee of the County of Fauquier, aged about fifty years, take in the suit in Chancery depending in the Supreme Court of the District of Kentucky, between George Wilson, Plaintiff, and George Mason, Defendant.

The said Hancock Lee, being duly sworn, deposeth and sayeth, that he was employed by Col. George Mason to explore the Western Country, and to locate for him several warrants for a considerable quantity of land, which the said Mason had obtained, upon titles prior to purchasing warrants, and that he told the Deponent he was desirous of having the said warrants located upon the waters of Great Licking Creek, if it could be done without interfering with other people’s claims or settlements, but rather than interfere with other people’s claims he directed the deponent to go ever so far out of the settlements to locate his said warrants, at the same time given him some memorandums or locations from Col. Richard Henderson, describing the situation of a large body of good lands upon Panther Creek, a few ? miles from the mouth of the said creek and of another body of good land upon the Ohio River, about twenty miles above the mouth of Green River, and directing this deponent, in case he found much risk of interfering with other people’s claims or settlements upon the waters of Great Licking Creek, then to examine the lands mentioned in the said memorandum or locations which has been furnished him by Col. Henderson, near the mouth of Panther Creek, and upon the Ohio River, and if he, the Deponent, liked the lands, to locate his warrant on them.  That the Deponent went out into the western country upon the business on the latter end of the fall or beginning of the winter in the year 1779, and meeting with Col. Richard Henderson (who was then in that country) and conversing with him, concerning the lands described in his said memorandum or locations, Col. Henderson told him that he had furnished the said Mason with the said memorandums or locations and had recommended the lands to him, particularly that body of lands upon Panther Creek within a few miles of the mouth of the creek; which the said Henderson informed the Deponent had been explored by Edward Hogan and Leonard Helms, and some tract on the creek marked by them with the initial letters of their names in order to ascertain the plans and find them by afterwards and that the said Col. Henderson was kind enough to give this Deponent particular directions how to find and know the said lands

And that the said special entry is only explanatory of the said first entry of eight thousand four hundred acres and is the identical land that his deponent meant to include in the said first entry and further this deponent saith not.

Hancock Lee

Fauquier County –

The above deposition taken and sworn to before us on the thirtieth day of June 1785 at the dwelling house of the said deponent, given under our hands the day and year above mentioned.

Jamess Bitt, Edward Digger, Thomas Bronaugh

One of the most interesting parts of this suit is that George Mason was to appear before the judges of our Supreme Court for the District of Kentucky at the Courthouse in Danville.

The Commonwealth of Virginia

To the Sheriff of Fairfax County

Greetings.  We command you to summon George Mason to appear before the judges of our Supreme Court for the District of Kentucky, at the Courthouse in Danville, in Lincoln County, on the ninth day of the next March Court, to show cause why eight thousand and three hundred acres of land in Jefferson surveyed on the south side of Panther Creek, adjoining another survey of said Mason of eight thousand four hundred acres on the upper side may not be granted to George Wilson or so much as interfere with his entry made on secondary warrant for the 926 acres ? day of April 1784, the said George Mason, having surveyed contrary to his location which caused and also on according to the vagueness of his entry, the said George Wilson, claiming the same and hath entered a Caveat against a grant issuing therefore to the said George Mason and hath then there this writ, Witness Christopher Greenup, Clerk of our said Court at the Courthouse aforesaid the 10^th day of October 1785 and in the tenth year of our Commonwealth.  Christopher Greenup’

Fairfax County

This day Benjamin Lawless came before me, the subscriber, a Justice of the Peace for the said County and made oath that he delivered Col. George Mason a true copy of the within notice the twenty sixth day of May 1789.

Given under my hand this 26th day of May 1789 – Martin Cockburn

Can you imagine Col. George Mason traveling to Kentucky?  Actually he did not, most likely due to health issues.  He did send his son William Mason.  Such interesting documents!