Benjamin Phipps in Brunswick County, Virginia, 1822

The following is a transcription of an extremely long-winded “tripartite” agreement dated 18 December 1822, a copy of which was sent by the webmaster/editor of the website known as A Witcher Genealogy. The document transfers 550 acres in Brunswick County from George Hardaway and his wife Margaret to John P. Malone.

This was conditional, however: If Hardaway would pay Benjamin Phipps $409.60 by 1 February 1823, then the agreement would be considered null and void.

The land is described as being on what is called “the Stage Road.” This 550 acres adjoined land belonging to James Huskey or Husky and Christopher Thrower.

[p. 431] . . .

[in margin:]

Hardaway
to
Phipps

[body of text:]

This Indenture Tripartite made and entered into this 18th day of December Eighteen hundred and twenty two by and between George Hardaway & Margaret his wife of the first part, Benjamin Phipps of the second part and John P [Malone?] of third part, all of the County of Brunswick and State of Virginia. Witnesseth that whereas the said George Hardaway is justly indebted to the said Benjamin Phipps in the sum of five hundred and nine dollars and Sixty cents as will more fully appear by his bond having [?] date with these presents and the said George Hardaway being willing and desirous of Securing & ensuring the certain and prompt payment of the sd. [i.e. said] debt with the Interest thereon doth of his own free will & Motion for that purpose and for the further Consideration of One dollar by the said John P [Malone?] to him the said George Hardaway in hand paid before the [? (looks like “annaling”)] and delivery of these presents the receipt whereof is hereby acknowledged and the said John forever acquitted they the said George Hardaway and Margaret his wife have granted bargained and Sold, and by these presents do give grant sell [?]y make over and Confirm unto the said John P [Malone?] his heirs [?] or assigns five hundred & fifty acres of land lying & being [situate?] in [(unreadable, likely “the county of”)]

[page break]

[p. 432]

Brunswick and to be Surveyed and laid off from the land on which the said George Hardaway at present resides and to adjoin the Stage Road James Huskey Christopher Thrower and a new line which may be run in any direction the said Benjamin May choose so as to take off the said five hundred and fifty Acres adjoining the Stage Road James Husky and Christopher Thrower To have and to Hold the said described five hundred & fifty Acres of land with all & Singular the appurtenances and the Reversion & reversions remainder or remainders Yearly & other rents Issues & profits thereof & of every part & parcel thereof, to him the said John P Malone his heirs or assigns free from the claim or claims of them the said George Hardaway & Margaret his wife their & each or either of their heirs And they the said George Hardaway and Margaret his wife for themselves & their heirs do by these presents further Covenant & agree with the said John P Malone that they will forever warrant and [defend? (looks like “defent”)] the legal & equitable right title use & possession to of & in the said described land & its appurtenances to him the said John P [Malone?] his heirs & assigns free from & against the claim or demands of all & every other person or persons whatsoever Upon trust nevertheless and it is distinctly understood and agreed by and between all the above named Contracting parties that if the said George Hardaway on or before the first day of February next shall well & truly pay or Cause to be paid to the said Benjamin Phipps his certain attorney his heirs Exors. [i.e. executors] Admrs. [i.e. administrators] or assigns the above named sum of four hundred and nine dollars & Sixty Cents, with legal Interest thereon from this day til paid and the Costs of drawing and recording this Indenture then & in that Case this Indenture and all rights & titles by it Conveyed or intended to be Conveyed shall Cease determine & be utterly null & void & of no effect or virtue to all intents & for every purpose the same as if it had never been Executed or entered into. But should it so happen or fall out that the said George Hardaway should fail or neglect to pay the said sum of five hundred and nine dollars and Sixty Cents with the Interest thereon and all Cost attending the same then & in that Case it shall & may be lawful for the said John P Malon [sic] his Certain Attorney his heirs Exors. Admrs. or assigns whenever and at whatever time he may be requested by the said Benjamin Phipps or George Hardaway their or either of their Exors admrs. or assigns so to do after advertising the time & place of sale at Powelton Gholsons Store [Jetts?] Tavern & Brunswick Court house door at least ten days before the sale day to proceed to sell to the highest bidder for ready money or Cash the said described five hundred & fifty acres of land or so much thereof as shall be of Value sufficient to raise the said Sum of five hundred & nine dollars & Sixty cents with the Interest thereon and all Costs accruing under this Indenture Surveying & Selling the said lands and out of the proceeds of such sale proceed in the first place to pay all Cost as aforesaid and in the second place to pay the said Sum of five hundred & nine dollars & Sixty Cents with the Interest thereon or so much of the principle & Interest as may then remain due & unpaid by the said Hardaway, And in the third place recovery to the said Hardaways their heirs or assigns the balance of the said land should the whole five hundred & fifty acres not be sold or pay over to the said George Hardaway his certain attorney or his heirs Exors. admrs. or assigns whatever [acres?] or [?] may remain after satisfying the said Debt to Benjamin Phipps & all Cost that may or shall [have?] [?]ed. In Witness whereof the parties have hereunto set their hands & affixed their seals the day & Year first above written.

[signed:]
George Hardaway (Seal) Margaret Hardaway (Seal)
Benjamin Phipps (Seal)
John P. [Malone?] (Seal)

Signed Sealed Acknd. [for “Acknowledged”] & delivered before [signed:]
John [Manning?]. Winfield Phipps
John [Wyche?] John Phipps

One of the witnesses there looks like John Manning, although the copy is dark and fuzzy at that point. Mrs. Woodruff, in her book about Joseph Phipps and his descendants, wrote that she believed that Joseph Phipps had a daughter whose name was unknown but who married Joel Manning. The Benjamin Phipps in this manuscript is presumably the one who was Joseph’s son.

Also subscribing at the bottom of the Hardaway agreement was Winfield Phipps. He was Benjamin’s son, according to the Benjamin Phipps family Bible at the Library of Virginia and according to the Phipps and Steed papers at the University of North Carolina.

The John Phipps who also signed the Hardaway agreement is presumably the one who was Joseph’s son and Benjamin’s brother.

The agreement was also signed by John Wyche, and the 1803 will of Joseph Phipps is signed by James Wyche.

The George Hardaway of this document appears to have moved on into Warren County, Georgia, according to a secondary source, although a vintage printed source has him moving to Morgan County, Georgia. John P. Malone, also named in the document, is presumably the one named in a DAR lineage.

An online record in Virginia Memory at the Library of Virginia is a coroner’s inquisition in Brunswick County, apparently undated. That record names some of the same people who appear in the above agreement: John Wyche, John Phipps, and John P. Malone. Some of the other names – or at least surnames – are recognized from other Brunswick County records, some of which are in the process of being transcribed and will be posted later.

One of those names is Sims or Simms. Christopher Thrower, also named in the tripartite agreement above, is said to have married a Sims.

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