Partition Deed, Heirs of Conrod Plasters, 1850 - Patrick Co. VA
Patrick County, Va., Deed Book 13, pp. 517-521
Parties to the Deed:
David Griffith, Guardian of his children by his first wife, Violet
Joseph Hall and Anna, his wife
Fleming Plasters and Jane, his wife
William Critze, Guardian of the children of Mark Plasters
by his wife, the daughter of William Sharp
Jonas Plasters, Co-executor of Conrod Plasters, deceased,
and Sarah, Jonas's wife
James Fulcher and Polly his wife
Claiborne Plasters, Co-executor of Conrod Plasters, deceased,
and Eletia, Claiborne's wife
Date: 9 March 1850
Acknowledgement by Anna Hall, Jane Plasters, Sarah Plasters, Polly Fulcher,
and Eletia Plasters: 27 June 1850
Marked on side: "delivered to E.T Plasters August 23rd 1881"
This Indenture and deed of partition, made and entered into 9th March 1880
between David Griffith Guardian of his children by his first wife, Violet,
daughter of Conrod Plasters, deceased, of the first part, Joseph Hall and
Anna his wife of the second part Fleming Plasters and Jane his wife of the
third part William Critze Gardian of the children of Mark Plasters, by his
wife the daughter of Wm. Sharp of the fourth part, Jonas Plasters co
executors with Claiborne Plasters of Conrod Plasters deceased, & Sarah the
wife of the said Jonas of the fifth part James Fulcher and Polly his wife
of the sixth part & Claiborne Plasters, co executor with Jonas Plasters of
Conrod Plasters deceased and Eletia the wife of the said Claiborne of the
seventh part; all of the county of Patrick and commonwealth of Virginia
Witness that whereas Conrod Plasters of the said county on or about the 29th
day of October 1847 departed this life leaving a will afterwards only
admitted to record in the county court of said county making his sons Jonas
Plasters & Claiborne Plasters his executors, whereby he devised all his land
save and except 63 acres called the Seabird place to be divided equally
among the following of his children & Grand children vize his sons Jonas
Fleming Claiborne his Grand children the children of David Griffith by a
daughter of the testator his sons in law, James Fulcher and Joseph Hall &
his Grand the children of his son Mark Plasters by his wife the daughter of
Wm. Sharp in the following manner: that is to say, that his said executors
should have the land devided into seven equal parts, having referance to
quality quantity and local valuation by three disinterested Judges selected
by said executors, and to be drawn for the two families of his said grand
children taking one seventh part to each family those drawing the more
valuable tracts to remunerate those drawing the less valuable lots than
those of the average value by payment of money And whereas by an appointment
of the said executors in obedience to the directions of said will and with
the consent & approbation of all the parties hereto on the day of December
1847 William J. Robterson Joseph Edwards & Thomas Hopkins having been
selected by the said executors with the like approbation for that purpose
devided the said lands amongst the said several devisees, and divided the
said several seven tracts of land according to the tenor effect, and
apparent meaning of the said will as hereinafter set fourth now therefore in
consideration of the premises & for the further consideration of one dollar
by each of the said seven parties hereto to the six other in hand paid at
and before the sealing and delivery of these presents the receipt whereof is
hereby acknowledged
All they of the six last parties above named hereto do hereby grant bargain
sell and convey to the said David Griffith gardian of his children by his
wife Violet the daughter of the said testator and the first party hereto
above named the Murphy tract of land so called by the said alloters numbered
one and by them estimated to contain sixty six acres by survey as they say
described by them as follows to wit. Begining at a white oak on a ridge
above John Williams black Smith shop on the waters of the Bull mountain fork
of the south mayo river, then No. 7 W 76 poles to pointers N. 34 W. 78 poles
to a red oak N. 15 W 26 poles to a bunch of dogwood N 10 W 22 to a small
white oak in Radfords line, Thence that line S 60 W. 34 poles to a horn beam
(?) on the creek in Burnetts line that line the same course continued, 34
poles crossing the creek to a red oak Thence S 43 Thence E 44 West to a
chestnut tree on a road Thence with the same S 89. E. 88 poles to a corner
on the road Thence S 34 E 36 poles to a corner Thence S 30 E 36 poles to a
corner Thence S 42 E 21 poles to a white S 34 E 14 poles crossing the creek
to a white oak near a bridge Thence to the begining
All those of the first third furth fifth sixth and seventh parties hereto
above named hereby gran bargain sell and convey to the said Joseph Hall
second party hereto and by them numbered two and described by them as
follows, to wit Begining at a red Oak on the top of Green Hill in an old
line Thence with the old line No 26 W 10 poles to a corner. Thence N.82 W.70
poles crossing a branch to a hickory and pointers Thence No. 87 E 38 poles
crossing a branch to a white oak Thence No 20 (?) W 56 poles to a White oak.
Thence with Carters original line a north course to a three forked dogwood.
Thence new lines agreed on between parties to some former conveyance a
westwardly course to a dogwood in the said old line, formerly Carters Thence
S.82 W 66 poles to a White oak or chestnut oak on the yellow ridge Thence S.
43 W 20 poles to a chestnut tree Thence a new line down the ridge a new
marked line to a red oak and pointers on the sag of the ridge Thence a
straight line to the head of the still house branch leading a southwestern
course Thence down said branch a new marked line to a white oak Thence
crossing said branch and the main road to a corner chestnut tree west of the
state house Thence crossing a branch a Southward course to a corner hickory
and pointers, Thence with the main top of the ridge a new marked line to a
corner chestnut on the top of Green Hill, Thence with the old line to the
begining
All they of the first second fourth fifth sixth and seventh parties hereto
above named hereby grant bargain sell and convey to the said Fleming
Plasters the third party hereto the lot on which the said James Plasters
lived at the time of a said allotment numbered three by the said allotters &
by them supposed to contain one hundred and fifty acres and described by
them as follows, to vize Begining at a corner white oak in Richard Fains
line Thence down the ridge to a corner chestnut oak on the yellow redge
Thence S 43 W.20 poles to a chestnut tree, Thence a new marked line down the
redge to a red oak and pointers on the sag of the ridge Thence a strat line
to the head of the still house branch leading a Southwestern course, thence
down said branch a new marked line to a white oak, Thence crossing said
branch and the main road to a corner chestnut tree west of the still house
Thence crossing a branch a southward course to a corner hickory and pointers
Thence with the main top of the ridge a new marked line to a corner chestnut
tree on the top of Green Hill, Thence with the old line to a corner red oak
Thence a new marked line to a double poplar Thence S. 66 E 20 poles to
pointers. Thence a new line S26 E26 poles to a hickory at the head of a
Branch, Thence down the same S.37 E 18 poles to a Black Gum Thence off S 35
E 48 poles to two chestnut trees, Thence S 65 W 41 poles crossing a branch
to a Beech marked a corner, Thence up said branch to a white oak, Thence
with a new dividing line to a white oak in the field. Thence a straight line
crossing the field and main road to a corner poplar on the south side of the
branch runing down to the meeting house thence up the branch as it meanders
to pointers at the fork of said branch, Thence up the west fork of said
branch to the head of the same. Thence with the main leading to a corner
walnut tree Thence with a new marked line to a white oak in Richard Fains
line to the begining
All they of the first second, third fifth, sixth and seventh parties hereto
above named, hereby grant bargain sell and convey to the said William Critze
guardian of the children of Mark Plasters by his wife the daughter of Wm.
Sharp and the fourth party hereto the lot on which Fleming Plasters lived at
the time of the said allotment numbered four by the said allotters and by
them supposed to contain one hundred and twenty five acres and described by
them as follows, vize, Begining at a Beach on a branch of the 75 acres
survey patented to C. Plasters Thence a new line up the Branch as it
meanders to a corner Gum in the 27 acre survey on a branch Thence up the
same as it meanders to a corner chestnut tree on the west side of said
branch thence up the same crossing the old line Thence up the branch to
where it forks at a new marked corner white oak thence a straight line a
northward direction to a white oak corner tree Thence a straight line to a
corner poplar on the south side of the branch running down by the meeting
house Thence up the branch as it meanders to pointers at the fork of said
branch Thence up the west fork of said branch to the head of the same Thence
with the mean leading hollow to a corner walnut tree thence a straight line
leading up the south side of the Hollow to the top of the main ridge to a
corner white oak in Richard Fainns line Thence up the top of said ridge with
Fains line to pointers in a new marked line that divides a portion of a
survey patented to James Plasters called the Turkey scratch tract, Thence
crossing the ridge and down the Spur of said ridge a southward course to
pointers opposite the head of the hollow. Thence down the main hollow to
the head of the branch Thence down the branch crossing the back line of
Conrod Plasters old tract a new marked line crossing the main road near the
meeting house west thereof, to the fork of the branch thence down the branch
a southwestern course to a white oak a new marked corner in Logans or ?
called Daniel Vippermans line Thence with that line S 57 E supposed to be 30
to 40 poles to a white oak it being the begining of Conrod Plaster old
survay Thence S 40 E 58 poles to a chestnut tree Thence N. 6 W 16 poles to a
white oak Thence S 74 E 24 poles to a dogwood in Hairstons line Thence N64
E32 poles to a maple Thence S.20 E 80 poles with the ridge to a white oak
on the ridge Thence N 70 E 18 poles to a poplar Thence N 16 W 42 poles to
the begining.
All they of the first second third fourth sixth seventh parties hereto
hereby grant bargain sell and convey to the said Jonas Plasters the fifth
party hereto, the Turkey scratch trace of land so called numbered five by
the said alloters and by them supposed to contain One hundred and thirty
acres and described by them as follows, to wit, Begining on a corner white
oak near the main road on the south side in Daniel Vippermans line, Thence
up the south fork of the branch to a corner mahogany at the fork of the
branch Thence with the north fork of the branch as it meanders and a new
marked line near the said branch a north course to the back line of Conrod
Plasters old tract Thence up the main hollow from the head of said branch a
straight line to pointers on the ridge opposite the head of said hollow,
Thence up the Spur of the ridge and crossing the ridge to pointers in Moses
Hyltons line N47 W. about 30 poles to a black walnut Thence S39. W74 poles
to a locust tree Thence S 52 W 90 poles to a white oak, Thence S 24 W 86
poles with the ridge to a red oak Ingrums corner. Thence S40 W.10 poles to
a red oak in John Ingrums line Thence N11 W 24 poles a new line to a red oak
Thence N77 E 172 poles crossing two branches to a Spanish oak Thence S30 E28
poles to pointers in Helms line Thence with Helms line S51E Supposed about
40 poles to the begining.
All They of the first second third fourth fifth and seventh parties hereto
above named hereby grant bargain sell and convey to the said James Fulcher
the sixth party hereto the walnut knob tract so called Numbered six by the
said allotters and by them supposed to contain one hundred and thirty acres
and described by Them as follows, to Wit, Begining at a ? tree on the north
side of a creek, Thence N47 W231 poles crossing said creek and two branches
to pointer in a field formerly a chestnut tree Thence S11 W62 poles crossing
a branch to spanish oak formerly a hickory on the side of the mountain by
the main road where a path turned out Thence S 65 W 30 poles to pointers in
said road thence with said road as it meanders 108 poles to a chestnut tree
on the west side of said road a new corner Thence a new line S 80 W 60 (?)
poles to a white walnut on the creek Thence up the said creek as it meanders
80 poles to three lines on the northside of the creek. Thence off N.65 W 40
(?) poles to a white oak new corner on old line Thence with that line N 15 E
about 45 poles to Chithams corner dogwood & hickory then N 3 (?) W 80 poles
to a spanish oak and pointers, Thence N 4 E about 20 poles to a chestnut oak
new corner ops the south side of the main road leding from Wills Spur to the
Floyd line Thence with the road a new marked line to a corner chestnut tree
ops the south side of the road Thence crossing the road a straight line
crossing a branch to a chestnut corner tree Thence down the branch as it
meanders to a Spanish Oak near the fork of the branch: Thence up the south
side of the redge to a locust tree a new marked line; Thence a straight line
under the brow of the hill to a corner chestnut tree just on the Spur of the
naked ridge Thence a straight line a north course to the back line of the
walnut Knob tract near a chestnut oak corner not found Thence S65 E 134
poles to the begining.
All they of the first second third fourth fifth & sixth parties hereto above
named, hereby grant bargain sell & convey to the said Claiborne Plasters,
seventh party hereto above named the Chitham tract of land so called one
other and the last lot of the land as divided as aforesaid numbered seven
supposed by the said allotters to contain 144 acres described by them as
follows, to Wit, Begining on a chestnut oak on the south side of the main
road leading from Wills Spur to the Floyd line thence with said road to a
new marked line to a corner chestnut tree on the south side of the road,
Thence crossing the said road a straight line crossing a branch to a corner
chestnut tree...[words marked out] meanders to a Spanish oak near the fork
of the branch Thence up the south side of the ridge to a locust tree, a new
marked line: Thence a straight line under the brow of the ridge to a corner
chestnut tree just on the Spur of the named ridge Thence a straight line a
north course to the back line of the walnut Knob tract Thence with that line
to a corner chestnut oak in the cow gap Knou (?) by the Sheltons corner tree
Thence with the line made by John D Chitham to Conrod Plasters embracing a
portion of the walnut Knob tract with the survey made by the said John D
Chitham to said Plasters to the main road at The begining.
To have and to hold each and every of the aforenamed tracts of land with
their appertinances to all of them the said Seven parties above alternately
named as grantees, to them and each of them, to each of his, her & their
heirs executors administrators and assigns to his her and their own use &
behoof forever.
And each of the said seven parties hereto alternately herein named as
grantors for himself herself and themselves for his her and their heirs
executors administrators and assigns hereby covenant and agree to and with
all the other six parties granted interchangeably to and with their heirs
executors and assigns that they will forever warrant and defend the right
title and interest to the said several tracts of land against the claim of
any and all persons whatsoever claiming under by or through themselves or by
or through the testator Conrod Plasters.
In witness whereof the said seven parties hereto have set their hands &
affixed their seals The day and year first above Written.
David Griffith (Seal)
his
Joseph (x) Hall (Seal)
mark
her
Anna (x) Hall (Seal)
mark
his
Fleming (x) Plasters (Seal)
mark
her
Jane (x) Plasters (Seal)
mark
Wm. Critze Guardian (Seal)
Jonas Plasters (Seal)
her
Sarah (x) Plasters (Seal)
mark
his
James (x) Plasters (Seal)
mark
his
James (x) Fulcher (Seal)
mark
her
Polly (x) Fulcher (Seal)
mark
his
Claiborne (x) Plas[ters (Seal)]
ma[rk]
her
Elitia (x) P[lasters (Seal)]
[mark]
[Note: bottom corner of deed appears torn]
Patrick County ss
We Wm. Critze & Martin S. Spencer Justices of the peace in the county of
Patrick aforesaid in the state of Virginia, do hereby certify that Anna Hall
the wife of Joseph Hall, Jane Plasters the wife of Fleming Plasters, Sarah
Plasters the wife of Jonas Plasters Polly Fulcher the wife of James Fulcher
and Eletia Plasters the wife of Claiborne Plasters parties to a certain deed
bearing date on the 9th March 1850 and hereunto annexed personally appeared
before us in our County aforesaid and being examined by us privately and
apart from their Husbands and having the deed aforesaid fully explained to
them they the said Anna Hall, Jane Plasters, Sarah Plasters, Polly Fulcher,
and Eletia Plasters acknowledged the same to be their act and deed and
declared that they had willingly signed sealed and delivered the same and
that they wished not to retract it.
Given under our hands and seals this 27 day of June 1850
Wm. Critze (Seal)
M. L. Spencer Seal
In Patrick Clerks office 27th May 1850
This deed of partition between the heirs of Conrod Plasters decd
with the certificate of acknowledgement thereon endorsed was acknowledged in
the clerks office by the parties and admitted to record.
Test
Samuel G. Staples D.C.
(Transcribed by Mary C. Smith from a photocopy provided by the Patrick
County Circuit Court, Stuart, Va.)
Submitted by Mary C. Smith <carthage42@hotmail.com>
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