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Letter to James Welch, December
16, 1797 |
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TRANSCRIPT GLC 496.104
George Washington. Document copy: Lease to James Welch, 1797
December 16. 12 p. + doc.
This Indenture made this sixteenth of December in the year of
our Lord one thousand seven hundred and ninety seven Between
his Excellency George Washington [inserted: Esqr.] of Mount
Vernon in the State of Virginia of the one part and James Welch
of the County of of the other part Witnesseth that the said
George Washington for and in Consideration of the Rents and
Covenants therein after contained and expressed on the part
and behalf of him the said James Welch his Heirs Executors Administrators
and Assigns* [inserted in left margin of page one: * to be paid
kept & performed. Hath granted demised & to farm better
& by these presents doth grant demise & to farm let
unto him the sd James Welch his heirs Executors Administrators
and Assigns] a Tract of Land lying and being upon the River
Kanhawa in the County of Kanhawa and bounded as followeth to
wit Begining at an Ash and Hoopwood Tree standing at a point
below the mouth of a Run on the South side of the great Kanhawa
River about two miles above the confluence of the said River
with the Ohio, thence South forty five degrees West seventy
four poles to a Sugar Tree on the sid of an Hill thence South
thirty degrees East one hundred and thirty eight poles crossing
a Branch [inserted: at] forty poles to a Sugar Tree and black
Oak on the side of a , thence South seventy degrees East ninety
eight poles to a black Oak on the side of an hill, thence South
sixty degrees East crossing water at fifty four poles and [inserted:
at] sixty eight poles, two hundred and forty poles to a Chestnut
Tree on an Hill, thence South seventy degrees East, crossing
water at forty and at one hundred and forty poles, two hundred
and ten poles to a small white Oak, thence South thirty degrees
East crossing water at fifty, and one hundred and sixty poles
two hundred and eighteen poles to a Chestnut and Pine tree on
the side of an Hill, thence South sixty degrees East crossing
a Creek at one hundred and ten poles, four hundred and forty
poles to two white Oaks growing together and a black Oak, thence
South fifty degrees East, crossing Water at twenty two poles,
two hundred and twenty poles to a small Sugar and Sycamore Tree
on the Bank of a Run, thence South seventy degrees East one
hundred poles to a small white Oak standing in a flat, thence
South thirty degrees East fifty eight poles to a small white
Oake standing in an hollow, thence South seventy degrees East
crossing Water at one hundred and fourteen and one hundred and
sixty poles six hundred and twelve poles to a White Oak and
Chesnut [2] standing on a Ridge, thence South thirty degrees
East cross water at one hundred and eighty, and three hundred
and fifty six poles, five hundred and fifty six poles to a Spanish
Oak and small Ash standing on the Edge of the bottom, thence
South crossing water at sixty four and one hundred and seventy
six poles, two hundred and eight poles to a sm white Oak standing
on the West side of an Hill, thence Sout twenty degrees East
one hundred and forty two poles to a black Oake and Chesnut
Oak on an Hill side near a Lake thence South crossing water
at twenty four poles at three hundred and sixty poles a Creek
at six hundred and forty po a Branch, one thousand one hundred
and fifty four pol to two white Oaks, growing together and standing
on the edge of the Bottom, thence South twenty degrees West,
crossing waters at two hundred and sixty and three hundred and
sixty poles, four hundred and [struck: twenty] [inserted: ninty]
poles to a Run and Beech Tree on the Bank, thence South fifty
six degrees East two hundred and seventy poles (by protraction)
to a Spanish Oak on the Bank of the River at the lower side
of the mou of a Run, thence down the River the several Courses
and meanders thereof and bendind there on North twenty nine
degr East fourteen poles, North twenty four degrees East one
hundred and fifty poles, North ten degrees East forty six poles,
North seventy six degrees East sixty four poles. North eight
degrees, East fourteen poles, North thirty five degrees East,
crossing a small Cr at forty four poles, seventy poles North
twenty degrees East sixty eight poles, North thirty degrees
East crossing a Creek at ninety two poles two hundred and thirty
poles, North seventy two degrees, East one hundred and thirty
poles degrees East [struck: forty][inserted: fifty] poles North
one hundred and twenty four po North eight degrees, West one
hundred and four poles, North nineteen degrees West forty four
poles, North thirty one degrees West thirty four poles North
eighteen degrees West one hundred and sixty eight poles, to
a Creek two hundred poles, North seventy six poles North six
degrees East sixty poles, North three degrees West forty poles,
North twenty three degrees East thirty four p North twelve degrees
East seventy six poles North seventy sev degrees East seventy
two poles, North thirty five degrees Eas seventy poles North
twenty three degrees East fifty eight poles North ten degrees
East twenty four poles North five degrees Eas ninety four poles,
North ten degrees West one hundred and twenty poles, North twenty
degrees West one hundred poles North ten degrees West eighty
poles, North forty eight poles North ten degrees West one hundred
and forty six poles. North [3] twenty degrees West fifty four
poles to a Creek one hundred and thirty four poles in all North
twenty five degrees West ninety eight poles North thirty three
degrees West fifty eight poles, North forty five degrees, West
eighty six poles North forty eight degrees West eighty eight
poles North forty two degrees West forty four poles to a Creek
one hundred and sixty poles in all North thirty three degrees
West sixty poles North forty degrees West fifty eight poles
North thirty degrees West sixty six poles N 40 degrees W 30
poles N 30 degrees W 42 poles North 45 degrees W 80 poles N
58 degrees W 42 poles W 64 poles N 85 degrees W 32 poles North
75 degrees W 60 poles N 35 degrees W 68 poles North 69 degrees
W 38 poles to a Creek in all 102 poles N 56 degrees W 88 poles
North 73 degrees W 24 poles N 54 degrees W 40 poles N 60 degrees
W 70 poles N 45 degrees W 110 poles N 57 degrees W 40 poles
N 40 degrees W 180 poles N 45 degrees W 44 poles N 60 degrees
W 124 poles N 62 degrees W 552 poles N 74 degrees W 545 poles
to the Beginning containing ten thousand and nine hundred and
ninety Acres. also one other tact of Land lying [inserted: also]
upon the Kanhawa River in the said County of Kanhawa and bounded
as followeth to wit Beginning at a Beech and Hicory standing
in the point at the mouth of Pokatallico Creek on the lower
side where it falls into the great Kanhawa River the same being
a corner to a Survey made on the said Pokatallico, for twenty
one thousand nine hundred and forty one Acres, thence running
with the Lines of that survey N 52 degrees E 28 poles N 70 degrees
E 58 poles N 20 degrees E 12 poles N 18 degrees W 132 poles
N 30 degrees W 12 poles N 15 degrees W 14 poles N 10 poles N
65 degrees E 20 poles to [inserted: a] maple corner standing
opposite to a sharp Angle in the Creek thence returning to the
mouth of Pokatallico and runing from the Beech and Hucory down
the several courses of the River and bindind therewith N 45
degrees W 40 poles N 35 degrees W 62 poles N 50 degrees W 45
poles N 60 degrees W 82 poles N 45 degrees W 120 poles to an
spring Run, N 35 degrees W 176 poles N 27 degrees W 100 poles
N 20 degrees W 74 poles N 18 degrees W 180 poles N 25 degrees
W 105 poles N 35 degrees W 92 poles N 50 degrees W 120 poles
N 45 degrees W 60 poles N 50 degrees W 220 poles N 45 degrees
W 60 poles N 35 degrees W 45 poles N 42 degrees W 60 poles N
50 degrees W 54 poles N 57 degrees W 56 poles N 70 degrees W
85 poles N 80 degrees W 68 poles to a Beech marked for a Corner
at the mouth of a small Run at the Turn of the River above the
falls, thence running a Line into the Woods N 30 degrees E 195
poles to a white Oak standing by a Large Rock, thence returning
to the Beech and continuing [4] down the River as aforesaid
W 54 poles S 70 degrees W 40 poles S 60 degrees W 38 poles S
50 degrees W 24 poles S 30 degrees W 110 poles S 45 degrees
W 64 poles S 50 degrees W 274 poles S 55 degrees W 64 poles
South 60 degrees W 106 poles S 70 Deg W 22 poles S 80 degrees.
W 24 poles W 42 poles N 30 degrees W 26 poles N 70 degrees W
36 poles N 60 degrees W 40 poles N 55 degs. W 204 poles N 50
degs. W 320 poles N 45 degs. W 160 poles N 40 degs. W 118 poles
N 30 degrees W 120 poles N 45 deg W 52 poles N 55 degrees W
244 poles N 50 degrees W 64 pole to a Sycamore marked for a
Corner, standing at the mouth of a Run, thence leaving the River
and runing a Line out int[o] the Woods N 35 degrees E 195 poles
to a white Oake marked for a Corner standing on the side of
a Ridge, thence by protraction S 75 degrees E 1800 poles to
the white Oake standing at the large Rock marked as aforesaid
for a Corn thence by protraction S 42 degrees E 1775 poles to
the Mapl[e] Corner standing opposite the sharp angle in Pohatallico
Cre the same being likewise Corner to the Survey made upon the
mouth of Pohatallico aforementioned containing seven thousand
two hundred and seventy six acres which first mentioned Tract
of Land was granted unto him the said George Washington his
Heirs and assigns forever by patent baring date the fifteenth
day of December one thousand seven hundred and seventy two the
other Tract was granted by patent bearing date the first day
of December one thousand seven hundred and seventy three unto
him the said George Washington and a certain George Muse who
by Indenture of Lease and Release bearing date the seventh and
eighth days of April one thousand seven hundred and eighty four
Sold and conveyed his proportion thereof unto him the said George
Washington his Heirs and assigns for ever Also one other Tract
of Land lying in the said County of Kanahawa and bounded as
followeth to wit Beginning at a Sycamore at the mouth of a Draft
on the bank of Cole River marked GW and running down the several
courses thereof and binding thereon five hundred and eighty
eight poles to its Junction with the great Knahawa and up the
several courses thereof and binding thereon fourteen hundred
poles to a Sycamore at the mouth of a small Draft marked GW
then leaving the River S 45 degrees W 178 poles to the Hill
and along the same six hundred and sixty poles to the first
Station containing two thousand acres which tract of Land was
granted by the State of Virginia [5] [struck: unto him the said]
[inserted: unto him the said] George Washington his Heirs and
assigns forever by patent bearing date the tenth day April one
thousand seven hundred and eighty four. Also one other Tract
of Land lying upon the north east side of the great Kanhawa
about a mile and an hlf above the mouth of Cole River and adjoining
the upper end of Pokatallico Survey in the said County of Kanhawa
and bounded as followth to wit Bigining at a white Oak on the
head of Run Corner to the Pokatallico Survey and with a line
of the same S 45 degrees W 320 poles to a Sycamore standing
on the Bank of the River thence up the Several courses of the
River one thousand nine hundred and thirty nine poles to a large
Cherry Tree standing against the upper end of an Island thence
by protraction N 58 degrees W 1638 poles to the first Station
containing two thousand nine hundred and fifty Acres which tract
of Land was also granted by the State of Virginia unto him the
said George Washington his Heirs and assigns by patent bearing
date the twelfth day of April one thousand seven hundred and
eighty four To have and to hold the said several Tracts of Land
with the appiertenances unto him the said James Welch his Heirs
Executors Administrators and assigns from the first day of January
next insuing the date of these presents for and during the full
term of one hundred and twenty nine years from thence next ensuing
fully to be compleated and ended herein the said James Welch
his Heirs [inserted: Executors] Administrators and assgns yellding
and paying therefore unto him the said George Washington his
Heirs and assigns at their Dwelling or place of Residence or
any person legally appointed by him or them to receive the same
upon the thirty first day of December one thousand seven hundred
and ninety eight the rent of five thousand Silver Dollars or
the amount thereof in any other Silver or Gold coins Current
in the United States of America upon the thirty first day of
December one thousand seven hundred and ninety nine the Rent
of eight thousand Silver Dollars or the amount thereof in any
other Silver or Gold Coins Current in the United States of America
upon the thirty first day of December one thousand eight hundred
and yearly and every year for the next suceeding twenty seven
years thereafter upon the said thirty first day of December
in each year the Rent of eleven thousand one hundred and forty
three Silver Dollars or the amount thereof in any other Silver
or Gold coins current in the United States of North America,
and upon the thirty first day of December one thousand [6] eight
hundred and twenty eight and yearly and every year fo the next
succeeding ninety eight years thereafter upon the said thirty
first day of December in each year the Rent of twenty tw[o]
thousand two hundred and eighty six Silver Dollars or the amo[unt]
thereof in any other Silver or Gold coins Current in the United
States of America. And the said James Welch doth for himself
his Heirs Executors Administrators and assigns and every of
them covenant grant and agree to and with said George Washington
his Heirs and assigns that he the said James Welch his Heirs
Executors Administrators or assigns will well and truly satisfy
and pay unto him the said George Washington his Heirs or assigns
at his or their Dwelling or place of residence or any person
or persons by him or them legally appointed to receive the same
upon the thirty first day of Decem one thousand seven hundred
and ninety eight the said Rent [of] five thousand Silver Dollars
or the amount thereof in some other Silver or Gold Coins Current
in the United States of Ame upon the thirty first day of December
one thousand seven hun and ninety nine the said Rent of eight
thousand Silver Doll&TLars> or the amount [inserted:
thereof] in [struck: any] [inserted: some] other Silver or Gold
Coins Current in the United States of America upon the thirty
first day of December one thousand eight hundred and yearly
and every year for the next suceeding twenty seven years thereafter
upon the said thirty first day of December in each year the
said rent of eleven thousand one hundred and forty three Silver
Dollars or the amount thereof in [struck: any] [inserted: some]
other Silver or Gold Coins Current in the United States of America
and upon the thirty first day of December one thousand eight
hundred yearly and every year for the next suceeding twenty
seven years thereafter upon the said thirty first day of December
in each year the said rent of eleven thousand one hundred and
forty three Silver Dollars or the amount thereof in [struck:
any] [inserted: some] other Silver or Gold Coins Current in
the United States of America and upon the thirty first day of
December one thousand eight hundred and twenty eight yearly
and every year for the next succeeding ninety eight years thereafter
upon the said thirty first day of December in each year the
said Rent of twenty two thous two hundred and eighty six Silver
Dollars or the amount thereof in some other Silver or Gold Coins
Current in the United States of a America and also that in case
the said Rents as they shall respecting become due and payable
or any part of any Rent shall at any time during the said Demise
be in Arrear and unpa for the space of two Kalendar Months after
the day on whi the same ought to be paid it shall and may be
lawfull him the said George Washington his Heirs and assigns
whenever and as often as the [struck: the] same shall happen
in and upon all and singular the premises hereby demis with
the apperatinances to Enter, and [inserted: the] Goods and Chall
[7] thereupon found to take lead drive and carry away and thereof
make sale according to Law or so much thereof as will be sufficient
to satisfy and pay the Rent or Rents on the part of a Rent in
arrar and unpaid at the time of such Entry and Disless provided
always and It is hereby Conditioned Covenanted and agreed upon
by and betwen the said parties that if at any time during the
continuation of the said demise the Rent which shall be then
payable or any part thereof shall be in arrear and unpaid for
the space of two Kalender months after the day in which the
same ought to be paid and there cannot be found upon the said
premises Effects [inserted: sufficient] to levy the Rent so
in Arrear and unpaid upon by Distess and Sale then presents
and everything herein contained shall cease determine and be
absolutely void and it shall and may be lawfull for him the
said George Washington his Heirs and assigns. thereupon or at
any time thereafter, in and upon all and singular the said premises
with their appurtenances to ReEnter and him – the said
James Welch his Heirs Executors Administrators and Assigns from
the [inserted: said] premises and every part [inserted: and
parcel] thereof with the appurtenances to remove eject and expell
and the same again to have hold occupy and possess as in the
former Estate of him the said George Washington anything herein
contained to the contrary thereof in anywise notwithstanding
And in case the said George Washington his Heirs or assigns
shall and do make such ReEntry in and upon the said premisis
the said James Welch doth by these presents for himself his
Heirs Executors Administrators and assigns and every of them
Release and Relenquish all and every Right and Claim which he
or they might or could have to be reinstated in the possession
or Ocupation of the same again by any Application which –
[inserted: he] the said James Welch his Heirs Executors Administrators
or assigns or any of them might or could be intituted to make
to a Court of Chancery And the said George Washington doth for
himself his Heirs Executors and Administrators covenant grant
and agree to and with the said James Welch his Heirs Executors
Administrators and Assigns that in case he the said James Welch
his Heirs Executors Administrators or Assigns do pay unto [inserted:
him] the said George Washington his Heirs or assigns Fifty thousand
Silver Dollars or the [strike-out] [inserted: amount] thereof
in any other Silver or Gold coins current in the [8] United
States of America, upon the first day of January one thousand
eight hundred and four that he the said George Washington his
Heirs and assigns will deminish two thousand sev hundred and
eighty five Dollars and three Quarters of a Dollars of the said
Rent of eleven thousand one hundred and forty Th Dollars payable
upon the thirty first day of December then no insuing and in
case he – the said James Welch his Heirs Executors Administrators
or assigns pay the further Sum of fifty thousand Dollars, or
the amoun thereof in any other Silver or Gold coins Current
in the United States of America, unto him the said George Washington
Heirs or Assigns upon the first day of January one thousand
and eight hundred and five that he or they will demini[sh] the
further sum of 2785 Dollars and [struck: 3/4] [inserted: three
quarters] of a Dollars of the Rent payable upon the 31st [inserted:
day] of December then next ensu[ing] and in case the said James
Welch his Heirs Executors Administrators or Assigns do pay the
ful Sum of 50000 Silver Dollars or the amount there of in a
other Silver or Gold coins Current in the United States of America
unto him the said George Washington His Heirs or Assigns upon
the firs day of January 1806, that he or they will deminish
the furth sum of 2785 Dollars and [struck: 3/4] [inserted: three
quarters] of a Dollars payable upon the 25th day of Decemr.
then next ensuing, and in case the said James Welch Heirs Executors
Administrators or a do pay the further sum of 50000 Silver Dollars
[strike-out] or the amount there of in any other Silver or Gold
coins Current in the United States of America, unto him the
said George Washington his Heirs or Assigns upon the 1st day
of January 180< that he or they will extinguish the whole
of the Rents issu out of the premises hereby demised and that
he the said Georg Washington his Heirs and assigns will whenever
thereto afwards required by the said James Welch his Heirs Executors
Administrators or Assigns and at his and Cost and Charge execute
and acknowledge a good and suffi Deed or Deeds for Conveying
all and singular [strike-out] the said premises with there appurtenances
unto him or them with General Warranty free from every Incumbrance
had made thereupon by him the said George Washington hi Heirs
or assigns Provided always and it is hereby conde covenanted
and agreed upon by and between the said parti and It is declared
to be their true Intent and meaning and true Intent and meaning
of their presents, that if he said James Welch his Heirs Exec
administrators or assigns shall and unto them this [9] George
Washington his Heirs and assigns upon the first day of January
1804 the said sum of 50000 Silver Dollars and s[inserted: h]all
fail to pay the next sum of 50000 Dollars upon the day herein
stipulated for that payment or having made that payment also,
and shall fail to make other of the subsequent payments upon
the day herein stipulated for that purpose that upon such failure
all the Right and Claim intended to be given hereby unto the
said James Welch his Heirs Executors Administrators and assigns
to purchas the Fee Simple Estate in the premises hereby demised
shall cease and the full Rent of [strike-out] 11143 Silver Dollars
shall from the day of such Failure recommence and be payable
upon the 31st day of December then next insuing and the sums
of money which may be paid by the said James Welch his Heirs
Executors Administrators or assigns unto him the said George
Washington his Heirs or Assigns towards the Extinction of the
Rents issuing out of the said premises; shall be retained by
him or them and applyed to the discharge of the next Rent issuing
out of the said premises untill the whole Sum [struck: is] [inserted:
so] paid shall be applyed in that manner and the said James
Welch doth for himself his Heirs Executors Administrators and
assigns and every of them covenant grant and agree to and with
the said George Washington his Heirs and assigns that the said
James Welch his Heirs Executors Administrators or Assigns shall
and do pay unto him the said George Washington his Heirs and
assigns one or more of the [inserted: said] Sums or Dividinds
of 50000 Silver Dollars towards the extinction of the aforesaid
Rents issuing out of the premises hereby demised upon the day
or days herin stipulated and shall fail to pay the next succeeding
Dividend, the intire Rent of 11143 Silver Dollars shall recommence
and become payable upon the 31st: day of December then next
ensuing the day of such failure, and the sum or Sums of money
paid unto him the said George Washington his Heirs or Assigns
towards the extintion of the said Rents shall and may be retained
by him or them and applyed to the payment of the Rents hereby
received and issuing out of the said premises as the same shall
annually become payable; untill the whole sum so paid shall
be applyed in that manner and that he the said James Welch his
Heirs and assigns will after the said Sums shall be fully applyed
to the dischange of the said rents, yearly and every [inserted:
year] thereafter pay the Rents hereby reserved subject to the
Recovery thereof by Distress according to the terms [inserted:
herein] set forth and to a ReEntry into the premises whenever
such Rent cannot be [10] levied by Distress. And also that no
wast shall be made or commited of any of the Timber upon apportioning
to the said premises or any wood Timber or Stones &c or
disposed of at any time during the said Term without the licence
of him the said George Washington his Heirs and assigns being
first obtained in writing and also that within one year from
the date of these presents certain portions of the said premises
shall be laid off and alloted for the particular use and occupation
of him the said James Welch his Heirs Executors Administrators
and assigns, no one of which shall contain more than three hundred
Acres nor shall mor than 1000 acres be alotted in the whole
for these purposes and that he the said James Welch his Heirs
Executors Administrators or assign will erect upon each portion
so alloted within Seventy five years a good comfortable and
commodious Dwelling House of Brick Stone or Frame with a Brick
[inserted: or] Stone Chimney and fuish the same in a neat and
decent manner also a large commodious Barn and Stabble, and
increase any of the said Buildings shall before the experation
of the said Term be destroyed by Fire or any other Casualty
that he will rebuild the Houses which may be so destroyed and
from time to time repair any Injuries which the Buildings so
erected shall from time to time sustain, and upon each of the
said portions of Land w in six years, plant an Orchard of Winter
apple Trees contain not less than 100 Trees for each 100 acres
and in that propon for a greater or smaller number of Acres
at the distance of Forty feet every way from each other and
like number of – Peach Trees and the same shall always
during the conten of the said term be kept well pruned fenced
in and secure from Horses Cattle and other creatures which may
ingure them and if any of the said Trees shall die decay or
be destroyed that others of the same kind shall be planted in
their place and the entire number kept up during the said term.
And also that there sall be within six years from date of these
presents twelve and an half Acres for each hundred Acres a in
that proportion for a greater or smaller number of Acres up
each of the said portions of Land sown and laid down in go English
grass, and the same number of Acres of Grass of the sa kind
shall always during the said term kept in Meadow fenced in upon
each of the said pieces of Land, and that there shall be reserved
upon each of the said pieces of Land in a Body for the use therof
during the first thirty years of the Term one full fourth part
of the Wood untuched and inte [11] and during the remainder
of the said Term one full fifth part there of And that all Taxes
of every kind which may during the said Term be assessed upon
the said premises shall be paid by him or them – And that
no Assignment Sale Transfurence or Conveyance of any kind shall
be made of the said premises (except to certain Subtenants under
the provisions herein after mentioned) without the consent of
the said George Washington his Heirs and assigns first had and
obtained in writing and paying to him or them at the time giving
such consent the value of one years Rent of the whole premises
extraordinary And also that it shall be lawfull for him the
said George Washington his Heirs and Assigns, or any person
appointed by him or them from time to time during the said demise
to enter in and upon all and singular the premises hereby demised
with the appertinances to view and examine the State and Condition
thereof with the Improvements and to warn and direct the said
James Welch his Heirs Executors Administrators and Assigns to
amend and repair the same in a reasonable time according to
the Intent and purport of the Covenants and Agreements herein
contained and that the whole of the said premises shall at the
experation of the Term be peaceably and quietly and in good
sufficient and tenantable Order and condition surrenderd and
deliverd up to him the said George Washington his Heirs and
Assigns. And also that in the spac of three years from the date
of [inserted: these presents] the said James Welch his Heirs
Executors Administrators or Assigns shall and will allot and
lay off all the remainder of the said [inserted: several] Tracts
of Land not apportioned for his or their – own particular
use and Occupation into convenent farming Lotts not Less than
50 Acres nor exceeding 300 Acres each and grant Leases for the
same to persons of respectable Character for terms not exceeding
what shall then remain of the Term herby granted in the said
premises in each of which Leases so granted shall [inserted:
be] contained on the parts of such Tenants respecitively all
the covenants herein contained on the part of the said James
Welch his Heirs Executors Administrators and Assigns (except
that Covenant respecting the alienation and fine paid there
upon) and a further Covenant that such Tenants shall not admit
of a Sub Tenant or Sub Tenants upon the Lands so him her or
them, under the penalty of forfuting the Terms granted And It
is further Conditioned Covenanted and agreed upon by and between
the said parties that if any Breach be made in any of the Covenants
herein contained on the part and behalf of the said James Welch
his Heirs Administrators and assigns [12] to be kept fulfilld
and performed immediately upon such Breach being made these
presents and every thing herein contained shall cease determine
and be absolutely void and it s[inserted: h]all and may be lawfull
for him the said – George Washington his Heirs and assigns
thereupon or at any time thereafter in and upon all and singular
the said premises with the appurtinances to ReEnter and him
– the said James Welch his Heirs Executors Administrators
and Assigns from the said premises to eject remove and expell
and the same again to have hold occupy and possess as in the
former Estate of him the said George Washington And Lastly the
said George Washington [inserted: doth] for himself his Heirs
Executors [inserted: and] Administrators covenant – grant
and agree to and with the said James Welch his Heirs Executors
Administrators and Assigns that he and they by paying the Rents
hereby reserved at the times appointed for payment and performing
fulfulling and keeping the several Covenants and Agreements
herein before mentioned and which on his and their parts and
behalf are or ought to be paid done and peformed may peaceably
and quietly have hold possess and enjoy all and singular the
premises hereby demised with the appurtenances during the Term
aforesaid without the Trouble Hindrance Molestation or Interruption
of him the said George Washington his Heirs and assigns or any
other person or persons whatsoever claiming by from or under
him or them In Witness wherof the said [inserted: ] parties
have hereunto set their Hands and Seals this day and year first
before mentioned
George Washington
James Welch
Sealed and Delivered in presence of
Clevn Moore
Samul Craig
John Gadsby
James Keith
At a Court Convd & held for Fairfax County the 16th day
of December 1797. This Deed from George Washington to James
Welch was proved to be the acts and deed of the parties by the
Oaths of John Gadsly James Keeth and Samuel Craig. And Ordered
to be Certified to the General Court and the County Court of
Kanhawa
Test
P. Wagonor
[docket:
Copy
Lease from G: Washington
to James Welch – dated
16th. December. 1797.]
Notes: Underline space represents a series of curled dashed
in the original document. |
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