Worldwide Smoot etc.

Prince William County
Virginia


Zephinia Crook et al to Henry M. Smoote ~ 1819
(Prince William County Virginia, Deed Book 7, page 249)
Transcription contributed by Dennis M. Smoot



Crook et al to Smoote - Deed |

     This Indenture made the sixth day of November in the year of our Lord one thousand eight hundred and nineteen between Zephinia Crook and Margaret his wife, John Nelson and Margaret his wife late Margaret Crosby, Thos Nelson and Elizabeth his wife late Elizabeth Crosby, John Smith and Verlinda his wife late Verlinda Crosby, Olley Crosby, Sylvanus Crosby and Polly his wife, and William and Grandison Crosby infants under twenty one years by Olley Crosby their guardian of the County of Prince William and Commonwealth of Virginia of the one part and Henry M. Smoote of the County of Prince William and Commonwealth aforesaid of the other part. Witnesseth the before named thirteen parties designing to convey hereby for and in consideration of four hundred ninety eight dollars lawful money of the United States to them in hand paid by the said Henry M. Smoot at and before the sealing and delivery hereof the receipt whereof they do hereby acknowledge, and thereof and of every part thereof do forever exonerate, acquit and discharge the said Henry M. Smoot, his heirs, executors and administrators by these presents have granted, bargained, sold, aliened, enfeoffed, released and confirmed and by these presents do grant, bargain, sell, alien, enfeoff, release and confirm unto the said Henry M. Smoot, his heirs and assigns forever all that tract or parcel of land lying and being in the County of Prince William containing by recent survey one hundred and sixty sic acres and bounded as follows, to wit, Beginning at a large poplar, corner to Doctor Triplett’s division in the Wells tract and thence running with Doctor Triplett’s line 1st N 74° 10' E 150 poles to a marked red oak by a stake in Triplett’s line, corner to Doctor Jno Spence’s division in the Wells tract, thence with Spence’s line 2 S 13° 50' E 154 poles to a stake supposed to be in Montgomeries line, thence 3 S 60° 30' W 132 poles to a stake in a wood, thence 4 N 45° W 143 poles to a large white oak in Bennett’s line, thence with Bennett N 27° 15' E 62 poles twelve links to the Beginning, containing one hundred and sixty six acres more or less. But if it should hereafter be ascertained that the said conveying parties as representatives of Mary H. Crosby decd should be entitled to more land than is included in said before mentioned boundaries and adjoining the same, the said Smoote is entitled to have the same at the price of three dollars for whatever may hereafter be so ascertained and the said conveying parties for themselves, their heirs, executors, etc., bind themselves to convey whenever it is so ascertained and the money paid, that is at the sale of three dollars per acre for the said surplus, where it so ascertained as above specified. Together also with all and singular the rights, members, liberties, privileges, improvements, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainder, rents, issues and profits thereof, also the estate, right, title, interest, use, possession, property, claim and demand whatsoever of them and each of them the before named conveying parties to the said Henry M. Smoot in law, equity or otherwise, however into or out of all and singular the premises and every part thereof. To have and to hold all and singular the premises hereby granted with the appurtenances unto the said Henry M. Smoot, his heirs and assigns to the only proper use, benefit and behoof of the said Henry M. Smoot, his heirs and assigns forever, and the said thirteen before named conveying parties for themselves, their heirs, executors and administrators do hereby covenant and agree to warrant and defend all and singular the premises hereby granted and conveyed unto the said Henry M. Smoot, his heirs and assigns forever free from the claim of them and of every other person, and free from all other titles and encumbrances whatsoever. In witness whereof the said thirteen conveying parties have hereunto set their hands and seals the day and year first above written.
Sealed and delivered in presence of

Phil D. Dawe as to Zephaniah Crook, Jno Nelson,
      Jno Smith, Olley Crosby, Sylvanus Crosby,
      Wm Crosby by his Guardian Olley Crosby,
      and Grandison Crosby by Olley Crosby his
      guardian

The persons whose names are undersigned are
witnesses to the above deed as to Thomas Nelson
and Elizabeth Nelson his wife.

      Barnaby Cannon
      Th Lawson
      M.B. Sinclair
Zephaniah Crook
                her
Margaret X Crook
               mark
John Nelson
                her
Margaret X Nelson
              mark
Thomas Nelson
Elizabeth Nelson
John Smith
               her
Verlinda X Smith
              mark
Olley Crosby
Silvanus Crosby
          her
Mary X Crosby
        mark
William Crosby by
Olley Crosby his
guardian
Grandison Crosby by
Olley Crosby his
guardian

The Commonwealth of Virginia
To the Justices of the Peace of Prince William County, Gentlemen, Greeting. Whereas Zephiniah Crook and Margaret his wife, Jno Nelson and Margt his wife, Jno Smith and Verlinda his wife, Olley Crosby, Sylvanus Crosby and Mary his wife, Wm Crosby and Grandison Crosby by Olley Crosby their guardian on the 6th November 1819 sealed and delivered to Henry M. Smoot a writing purporting to be a conveyance to him in fee simple of and in one hundred and sixty six acres of land situate, lying and being in the County of Prince William and Commonwealth aforesaid, and whereas the said Margaret Crook, Margaret Nelson, Verlinda Smith and Mary Crosby cannot conveniently travel to the said county court to acknowledge the said writing, therefore you or any two or more of you are hereby empowered to examine them privily and apart from their said husbands and to take their acknowledgement of the said writing which is hereunto annexed and which you are to shew and explain to them and certify to our justices of our said county court whether they willingly signed and sealed the said writing and whether they consenteth that the said writing may be recorded in the County Court of Prince William aforesaid and when you have taken their acknowledgement and examination aforesaid you shall return this commission and thereunto annex a certificate under your hands and seals of such privy examination by you taken and of such declaration and consent yielded by the said Margaret Crook, Margaret Nelson, Verlinda Smith and Mary Crosby. Witness Philip D. Dawe, clerk of our said court at the court house aforesaid this 6th day of Novr 1819 and the 44th year of the Commonwealth.
P.D. Dawe

Prince William County, to wit:
Pursuant to the above commission we have examined Margt Crook, Margaret Nelson, Verlinda Smith and Mary Crosby privily and apart from their husbands and do hereby certify that they acknowledged they freely and willingly signed and sealed the writing (to the commission annexed) which we then shewed and explained to them and further they consented that the said writing may be recorded in the County Court of Prince William. Given under our hands and seals this 5th day of November one thousand eight hundred and nineteen.
James Deneale
Wm Smith

The Commonwealth of Virginia
To the Justices of the Peace of Prince William County
     Gentlemen - Greeting
Whereas Thomas Nelson and Elizabeth Nelson his wife on the 6th day of November sealed and delivered to Henry M. Smoot a writing purporting to be a conveyance to him in fee simple of and in one hundred and sixty six acres of land situate, lying and being in the County of Prince William and Commonwealth aforesaid and whereas the said Elizabeth cannot conveniently travel to the said county court to acknowledge the said writing. Therefore you or any two of you are hereby empowered to examine the said Elizabeth privily and apart from her said husband and to take her acknowledgement of the said writing which is hereunto annexed and which you are to shew and explain to her, and certify to our justices of our said county court whether she consenteth that the said writing may be recorded in the County Court of Prince William aforesaid, and when you have taken her acknowledgement and examination aforesaid you shall return this commission and thereunto annex a certificate under your hands and seals of such privy examination by you taken and of such declaration made and consent yielded by the said Elizabeth Nelson. Witness Philip D. Dawe, clerk of our said court at the Court House aforesaid this 14th day of December 1819 and in the 44th year of the Commonwealth.
P.D. Dawe

Prince William County, to wit:
Pursuant to the above commission we have examined Elizabeth Nelson privily and apart from her husband and do hereby certify that she freely and willingly signed and sealed the writing (to the said commission annexed) which we then shewed her and explained to her and further she consented that the said writing may be recorded in the County Court of Prince William.
          Given under our hands and seals this 14th day of December 1819.
Wm Smith
Th Lawson

At a court held for Prince William County Dec 6th 1819 this deed from Zephaniah Crook and Margt his wife, John Nelson and Margt his wife, Thomas Nelson and Elizabeth his wife, John Smith and Verlinda his wife, Olley Crosby, Silvanus Crosby and Mary his wife, William Crosby and Grandison Crosby by Olley Crosby their guardian to Henry M. Smoot was proved by the oaths of P.D. Dawe, John T. Linton and Barnaby Cannon and (together with two deds for the privy examination of the Femes retd executed) ordered to be recorded.
Teste                               
P.D. Dawe Cl Court







Page and graphics © Fred Smoot 2002
Transcription © Dennis M. Smoot 2002
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