Deed from John Custis (BS) and Tully Wise to Thomas Custis, Peter Custis, Francis Yardly Custis and Edmund Custis, Children and devisees of Robinson Custis

Deed from John Custis (BS) and Tully Wise and Thomas Custis, Peter Custis, Francis Yardly Custis and Edmund Custis, Children and devisees of Robinson Custis - 29 May 1798 - Transcribed by Gail M. Walczyk
Spelling remains the same.

The deed made the twenty ninth day of May in the year one thousand seven hundred and ninty eight Between John Custis (BS) and Tully Wise both of the parish of St. George and County of Accomack of the one Part and Thomas Custis, Peter Custis Francis Yardly Custis and Edmund Custis Children and devisees of Robinson Custis late deceased and all of the said Parish and County of the other part. Witnesseth that where as a Certain William East late of the Parish & County aforesadi now deceased was in his life time and at the time of his death Seized and Possesed in his own right in fee simple of and in a small peice of Land lying on the road leading from Deep Creek mill to hunting Creek containing be estimation about 3 acres and being so Seized and Possessed departed this life upon the twenty 5 [----] day of August in the year of our Lord one thousand seven hundred and ninety six intestate leaving Brothers & Sisters of the whole Blood (to wit) Severn, Southy, Richard, Mary, Asa, Sally and Nehemiah East, but neither child, wife, father or mother by reason whereof the said three acres of land and its appurtenaces decended and passed in parcenary to the aforesaid Brother and Sisters, who entered and became Seized and possessed thereof and being so Seized and Possesed, the said Severn, Southy and Richard upon the twelvelth day on March 1797 commenced a suit in Chancery against the said Mary, Asa, Sally and Nehemiah East, then Infants and under the age of twenty one years for the purpose of effecting a Sale of the said land and appurtenances suggesting that the same was under the Value of thirty Pounds, in which said suit it was so proceed that upon the twenty ninth Day of August in the year last aforesaid by the Court of the County afsd, before whom the said suit was then depending, it was Decreed and ordered that the said John Custis and Tully Wise and the said Robinson Custis should make sale of the said Land and appurtenances as by reference to the said decree will more fully appear and in persuance of the said decree the said John Custis and Robinson Custis two of the said Commissioners appointed as aforesaid, upton the Sixteenth day of September 1797 did proceed to make sale of the said Lands and appurtenances at public Venue to the highest Bidder, previous Notice having been given of all the said sale, to which the said Robinson Custis being the highest bidder became the purchaser at the tprice of Sixty Five Pounds Current money of Virginia and whereas the said Robinson Custis is since died without having had in his life time any deed or other Conveyance for the said Lands and his Children aforesaid ar entitled under his will to the aforesaid Lands and appurtenances. Now this Indenture further witnesseth that the said John Custis and Tully Wise, with intent to Carry into effect the said Decree, and also in consideration of the said sum of Sixty five Pounds Current Money afsd paid to the said Severn, Southy, Richard, Mary, Asa, Sally and Nehemiah East each according to theri respective Portions at and before the ensealing and Delivery of these presents do grant bargain and Sell unto the said Thomas, Peter, Francis Yardly and Edmund Custis, children and Devisees afsd the aforesaid three acres of Land and its appertenances lying on the road aforesaid and adjoining other Lands whereof the said Robinson Custis died seized, the lands of John West (DC) and the lands of Bartholomew Shrieves being the said land which was Devised to the said William East by his Father Southey East, deceased.

To have and to hold the said lands with all and Singular its rights, members previledges and appurtenances unto them the said Thomas, Peter, Francis Yardly, and Edmund Custis their Heris and assigns forever according to their Several Rights and in the manner as directed by the will of the said Robinson Custis deceased, and for no Other use Intent or purpose whatsoever but only for their proper use, benefit and behoof In testimony whereof the said John Custis and Tully Wise have hitherto set their hands and affixed theri Seals the day and year forst within written
John Custis
Tully Wise

Signed Sealed & Deld
in presence of

At a court held in Accomack County June 25th 1798
This Deed form John Custis & Tully Wise ot the Orphans of Robinson Custis Decd was acknowledged by the the John & Tully as their act and Deed and ordered to be Recorded
Teste
Littleton Savage Clk
Examd

Sources:

_____. Accomack County Virginia Deeds 1797-1800, 189, 190.

© Copyright 2008 by Gail M. Walczyk