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1819, Aug 2 - Deed: Robert Rutherford Estate to William Hughes, 126 Acres, Mill Creek

This Indenture of bargain and sale made this 2nd day of August in the year of Christ 1819 between John Morrow acting executor of the last will and testament of Robert Rutherford esquire deceased of Shepherdstown in the County of Jefferson and State of Virginia of the one part and William Hughs of the county of Mason and State aforesaid of the other part Witnesseth that the said John Morrow being duly appointed executor of the last will and testament of the said Robert Rutherford dec.d together with others who refused to qualify; and by said will duly recorded in the clerks office of Jefferson County (as by a reference thereunto will more fully appear) duly improved and instructed to sell lands belonging to the said Robert Rutherford; for and in consideration of the sum of three hundred dollars current and lawful money of the United States to him in hand paid or secured to be paid by the said William Hughs at or before the sealing and delivery of these presents the receipt whereof the said John Morrow executor as aforesaid doth hereby acknowledge Hath granted bargained sold aleined enfeoffed Confirmed and Conveyed and by these presents doth hereby grant bargain sell alien enfeoff confirm and convey unto the said William Hughs his heirs & assigns forever a certain tract or parcel of land lying and being on Mill Creek in Mason County aforesaid and bounded as follows to wit

Beginning at a beech corner to David Sayres and also to a tract of land now owned by the said William Hughs and running Thence S 45 E 129 poles to a beech and hickory other corner to said Hughs

thence S 45 degrees W 28 poles to the middle of Mill Creek on a line of Wrights pre emption tract of nine hundred and sixty seven acres

thence up the middle of the creek S 85 degress E 47 poles

thence S 69 degrees E 28 poles to the lines of the _______ _______ near where an old gum stood this line

thence with that line N 50 degrees E 90 poles to a sugar tree standing in a bottom on the bank of a run

thence S 55 degrees W 120 poles to the beginning

Containing One hundred and twenty six acres and lies entirely without the lines of the Lands conveyed by Sarah Provance to Benjamin Wright: which said tract of One hundred and twenty six acres is part of a larger tract of three thousand acres which was granted by the commonwealth patent bearing date the the 20 day of December 1785 unto the said Robert Rutherford by virtue of a survey bearing date the 16 July 1784 and described in line and as lying in Monongalia county To have and to hold the said tract of One hundred and twenty six acres of land situate on Mill Creek and now Mason County together with all and singular the appurtenances there unto belonging or in any wise appertaining unto the said William Hughs his heirs and assigns in fee simple forever.

And the said John Morrow acting executor as aforesaid doth for himself and the heirs of the sad Robert Rutherford dec'd covenant promise and agree to and with the said William Hughs his heirs and assigns by these presents that the promises before mentioned now are and for ever hereafter shall remain free of and from all manner of former gifts or grants, dower, or right of dower or other incumbrances whatsoever done or suffered to be done by the said Robert Rutherford in his life time or him as his executor since his death in and about the premises aforesaid hereby conveyed to the said William Hughs. And the said John Morrow acting executor as aforesaid doth further covenant promise and agree to and with the said William Hughs his heirs and assigns that the the said John Morrow acting executor will warrant and for ever defend the right and title to the said tract or parcel of land unto the said William Hughs his heirs and assigns against him the said John Morrow and the heirs of the said Robert Rutherford dec'd and against the claim or claims of all and every other person or persons whatsoever.

In Testimony whereof the said John Morrow acting executor of the aforesaid hath hereunto set his hand and affixed his seal the day date in this said indenture first written.

John Morrow {Seal}
acting Ex.r of Robt Rutherford dec.d

Mason County Clerks Office August 2nd 1819

This day John Morrow acting executor of the last will and testament of Robert Rutherford dec.d personally acknowledged the aforesaid deed to the William Hughs before in my office and desired the same to be recorded as by act and deed.

Given under my hand

W. Sterrett C. M. C.

Sources:

Mason County, WV, Deed Book E, Page 113, 1819, Aug 2 - Deed: Robert Rutherford Estate to William Hughes, 126 Acres, Mill Creek.