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[transcribed by Sue Beach, Sept. 28, 1997]

Indenture Deed between Charles, Earl of Tankerville, and Henry A. Bennett and Joseph Braden dated 11 November 1790

Source: Loudoun Co., VA Deed Book T, page 249-252

This Indenture made this 11th day of November in the year of our Lord one Thousand seven hundred and ninety Between the right Honorable Charles, Earl of Tankerville and the Honorable Henry Astley Bennett both of the Kingdom of Great Britain of the one part and Joseph Braden of the County of Loudoun in the Commonwealth of Virginia of the other part. Whereas John Colville, late of the County of Fairfax, deceased was in his lifetime and at the time of his death, seized in fee of and in several Tracts of Land Situate lying and being in the then Counties of Fairfax in Virginia and Frederick in Maryland, and being so Seized, by his last will and testament in writing, after Specifically Devising some of the said lands to his brother Thomas Colville and John West, Jun., did give and devise all the rest and Residue of his said lands (not other ways Disposed of by his will) by particular Descriptions unto the then Earl of Tankerville, his heirs and assigns forever, as by the said will of Record in the County Court of Fairfax, relation [?] being thereunto had will fully appear and whereas the said Earl of Tankerville did by his last Will and Testament in writing bearing date the thirteenth day of August in the year of our Lord one thousand Seven hundred and Sixty Two, devise unto his eldest son Charles (the present Earl of Tankerville and party to these presents) and his heirs and assigns forever, Two ninths of a Copper mine and Tract of Land thereunto appertaining upon the branches of Difficult run; and all the rest and residue of the said Lands devised unto him by the said John Colville as aforesaid, he by his said will did give and bequeath the same unto his son the Honorable Henry Astley Bennett (party to these presents) to hold unto and to the use of him the said Henry Astley Bennett, and his assigns, for and during the term of his natural life without Impeachment of waste and from and after his Decease to the Heirs of his body to take as Tenants in Common, not as Joint Tenants. and in case of his decease without issue of his body, then unto his said Eldest son Charles, then Lord Sutton [?]his heirs and assigns forever, and did by his said will give unto his said two sons a power to sell the aforesaid Lands, if they should agree to sell the same, as by the said will of Record in the Dumfries District Court, relation being thereunto had, will more fully appear; and whereas the said Charles Earl of Tankerville and the said Henry Astley Bennett have mutually agreed

[page 250] to Sell the aforesaid Land and by their Letter of Attorney bearing date the Twenty Second day of December in the year of our Lord one thousand Seven hundred eighty nine, did nominate and ordain Constitute and Appoint, Robert Townshend Hooe [?] and Charles Little, esquires of the County of Fairfax, in the Commonwealth of Virginia their attorneys for them and each of them and in their and each of their names and according to their and each of their respective right, Title, Estate and Interest, to make Sell, Dispose of and Convey all and Singular the aforesaid Lands, as by the said Letter of Attorney of Record, in the County Court of Fairfax, relation being thereunto had, will more fully and at Large appear. Now This Indenture witnesseth that the said Charles, Earl of Tankerville, and Henry Astley Bennett, Esquires, for and in Consideration of the sum of three hundred Pounds Current Money of Virginia to them in hand paid by the said Joseph Braden at or before the sealing and Delivery of these presents, the receipt whereof they do hereby Acknowledge and thereof and every part thereof do acquit, release and Discharge the said Joseph Braden, his heirs, Executors and Administrators by these presents have Given, Granted, bargained, Sold, assigned and Confirmed, and by these presents do Give, Grant, bargain, Sell, assign and Confirm, unto the said Joseph Braden his heirs and assigns forever all that piece or parcel of Land lying and being in the County of Loudoun aforesaid and being that tract or parcel of Land Sold by the said Henry A. Bennett to the said Joseph Braden on or about the 13th day of November 1790 as by Deed recorded in the Records of said County may appear and Containing as by the said Metes and bounds therein mentioned Two hundred and Eleven Acres and for which Bargain and sale this Deed is a Deed of Confirmation the same being part of that Tract of land lying in the County of Loudoun devised by the said John Colville, unto the late Earl of Tankerville, his heirs and assigns and by him devised unto the said Henry Astley Bennett Esqr and Charles, Earl of Tankerville, as aforesaid, and all houses, buildings, gardens, orchards, Meadows, Pastures, woods, and roads, ways, waters and water courses, profits Commodities, Hereditaments[?] and appurtenances whatsoever to the same belonging or in anywise appertaining and the reversion [?] and Reversions, Remainder and remainders, rents, Issues, profits thereof. To have and to hold

[page 251] The said Tract or parcel of Land with all and Singular the appurtenances thereunto belonging unto the said Joseph Braden, his heirs and assigns forever to the only proper use and behoof of the said Joseph Braden, his heirs and assigns forever, and the said Charles, Earl of Tankerville, the said Henry Astley Bennett, Esquire, do severally for themselves, their heirs, Executors and Administrators, Covenant, promise and Grant to and with the said Joseph Braden, his heirs, Executors, administrators and assigns, that they the said Charles, Earl of Tankerville, and Henry Astley Bennett, Esq. and Each of them, and Each of their heirs, shall and will from time to time and at all times forever hereafter, at the reasonable request, and at the Cost and Charges in the Law of the said Joseph Braden, his heirs and assigns, make, do and Execute, or cause or procure to be made, done and Executed, all and Every such further and other Lawful and reasonable act and acts, thing and things conveyances and Assurances in the Law whatsoever, for the further, better and more perfect Granting, Conveying and assuring all and Singular the premises hereby Granted, with their and every of their appurtenances unto the said Joseph Braden his heirs and assigns as by the said Joseph Braden his heirs and assigns or his or their or any of their Counsel learned in the Law Shall be reasonably advised devised or required and Lastly that the said Charles, Earl of Tankerville and the said Henry Astley Bennett, Esqr. and their heirs, all and Singular the premises hereby granted, with their and every of their appurtenances unto the said Joseph Braden, his heirs and assigns against the Claims and Demand of the said Charles, Earl of Tankerville and the said Henry Astley Bennett, Esqr. and their Heirs and all and every other person or persons whatsoever shall and will warrant and forever Define by these presents. In witness whereof the said Robert Townshend Hooe, and Charles Little by Virtue of the aforesaid Letter of attorney, have hereunto set the hands and affixed the Seals of the said Charles, Earl Tankerville, and Henry Astley [sic], Esqr. the day and year first before mentioned.

Sealed and Delivered}
In presence of }

Tankerville {seal}
Henry A. Bennett {seal}

[page 252] At a Court Continued and held for Loudoun County February the 14th 1792

This Indenture was acknowledged to be the Act and Deed of the Honorable Charles, Earl of Tankerville and Henry Astley Bennett Esquire parties thereto by Robert Townshend Hooe Esqr. one of the attorneys in fact and ordered to be recorded.

Teste Chas. Binns Ct Clrk[?]