Benjamin and John Phipps: An 1821 Brunswick County, Virginia Deed

The following is another “tripartite” deed from Brunswick County, Virginia, this one dated 1821. Thanks to the webmaster of the “A Witcher Genealogy” website for locating and sending a copy. The deed concerns a debt, and involves both Benjamin Phipps and John Phipps.

In the record, Lucy Jackson, along with Charles Merritt and his wife Fortune, were indebted to the “said Phipps.” The record does not appear to make it clear whether the “said” Phipps was John or Benjamin.

Land, livestock, and personal property were willed to John Phipps, but the transaction would be rendered null and void if the money would be paid by a certain date to Benjamin Phipps and John P. Malone. Various other individuals were involved as well, as named in the document.

As discussed in other posts, it would appear that the “Wyche” family associated with the document were likely the same as the “Witcher” family. They were associated with the Phipps family which became more generally represented as “Fips” or “Phips” once both families migrated west from Brunswick County.

We’ve already posted a similar document, also termed “tripartite,” dated 1822. In that one, land ownership would be transferred unless money was paid to Benjamin Phipps by a certain date.

That document involved the same John P. Malone who is mentioned in the present deed. He appears in various Brunswick County, Virginia documents, and it appears that he was likely the same person of that name who later surfaces in Limestone County, Alabama. There he is described as a large planter and a veteran of the War of 1812.

Another person named in the present document is Lucy Jackson. A Lucy Jackson appears in a Brunswick County deed much earlier, 1742, which was witnessed by Edward and Jesse Tatum. We’ve noted Tatum connections very recently, including specifically Jesse Tatum.

Fortune Merritt, wife of Charles Merritt, is presumably the person listed as Fortune Marriott in an 1813 Brunswick County personal property tax list.

Thomas Delbridge, also prominent in the document, is said to have married a Woolsey, Sally Woolsey, as his second wife. We’ve noted Woolsey associations in other posts. Joseph Phipps, who died about 1809 in Brunswick County, had a daughter Mary who married a Woolsey. Joseph was the bondsman when Abner Woolsey married in 1795.

In fact, Joseph’s sons Benjamin and John would presumably be the Benjamin and John Phipps of the present document. For more on that, see Mrs. Howard (Audrey) Woodruff, The Descendants of Joseph Phipps of Brunswick County, Virginia (1735-1809), Kansas City, Missouri: Self-published, 1972, p. 3. A digital copy can be accessed in Family Search.

[p. 514] . . .

[in margin:]

Jackson &c
to Phipps &c

[body of text:]

This Indenture Tripartite made and entered into this Seventh day of March Eighteen hundred and twenty one, Between Lucy Jackson Charles Merritt [the T’s do not appear to be crossed, but are later in the document] and Fortune his wife of the first part Benjamin Phipps and John P Malone of the second part and John Phipps of the third part all of the County of Brunswick & State of Virginia Witnesseth that whereas the said Jacksons & Merritts [looks like “Merrills”] are justly indebted to the said Phipps in the sum of One hundred & eighty seven dollars sixty nine cents as will appear by their joint bond bearing [? (looks like “even”)] date with these presents and the said Charles Merritt [earlier appeared as Merrill, but now appears to have crossed T’s] is also justly indebted to the said Malone in the sum of One hundred & fifty one Dollars as will appear by his bond or note bearing date first day of May 1807 subject to Certain Credits endorsed on the bond. And the said Jackson and Merritt [looks like “Merill”] being willing & desirous of securing the payment of the said several debts have for that purpose and for the further Consideration of one Dollar by the said John Phipps to them the said Lucy & Charles in hand paid before the [?]ling & delivery of these presents the receipt whereof is hereby acknowledged they the said Lucy Jackson Charles Merritt and Fortune his wife have granted bargained and sold and by these presents do grant bargain [?] alien make over & Confirm unto the said John Phipps One certain tract or parcel of land lying & being situate in the said County of Brunswick and bounded by the lands & lines of Howell Allen thomas Delbridge [or Dolbridge?] John Robinson or Betsey [or Bolsey?] Harrison and then a new line to be run between said Dolbrididge [or Delbridge?] & Merritt Containing by estimation Eighty [six?] acres the the [sic; word repeated] same more or less the same tract or parcel of land on which the said Jackson & Merritts at present reside and also the following personal property To wit, twenty head of hogs One horse five head of Cattle, horse Cart, & wheels, all the plantation Tools house hold & kitchen furniture, To have and to hold the said described land & its appurtenances with the reversion or reversions remainder & remainders Yearly & other rents [issues?] & profits thereof & also the above mentioned personal Estate & its increase to him the said John Phipps his heirs or assigns. And the said Lucy Jackson Charles Merritt [or Merrill] and Fortune his Wife for themselves [? (this? or their?)] & [such?] of [their heirs?] do by these presents further Covenant & agree that they forever will [covenant?] and defend the legal & equitable right [title?] [?] & possession to of & in all the above described property [?] real & personal to him the said John Phipps his heirs & assigns, In Trust [a couple lines of text which are not readable in the microfilm copy]

[p. 515:]

that if the said Jackson and Merritt or either of them on or before the first day of January Eighteen hundred & Twenty Two pay to the said Benjamin Phipps and John P Malone their heirs or assigns the Debts above described as belonging to them respectively that then & in that Case this Deed shall [cease?] determine [sic] and be to all intents & for every purpose utterly null & Void as if the same had never been Executed & entered into, But should it so happen that the said Jackson & Merritt should fail to pay & discharge the said Debts & Interest accruing thereon before the said first day of January Eighteen hundred and twenty two then & in that Case it shall & may be lawful for the said John Phipps his heirs Exors. [i.e. executors] or admrs. [i.e. administrators] and he or they are hereby empowered & required to advertise at four of the most public & Convenient places (to the above described land) at least twenty days before the sale, all the property above Conveyed both real & personal and in the premises on the day as above Stated to be advertised [as?] sale day [proceed?] to sell to the highest bidder for Cash all the aforesaid property or so much thereof as shall be of Value sufficient to pay the said Debt Interest & Cost of this Indenture and of the said Sale or whatever balance thereof may then be due Commencing by selling the personal property first. And out of the proceeds of such sale proceed in the first place to pay the expences of the sale and Costs of this Indenture in the second place whatever of principle and Interest may be then due on the land to Benjamin Phipps; in the third place whatever principle & Interest may be due on the land or note to John P Malone, And the balance of the property remaining unsold if any or the surplus of the sale of any [recovery?] or pay over to the said Lucy Jackson and Charles Merritt [or Merrill?] or to their heirs Exors. Admrs. or assigns. In witness whereof they the said Lucy Jackson Charles Merritt & Fortune his wife Benjamin Phipps & John P Malone and John Phipps have hereunto set their hands & affixed their seals the day and Year first above Written.

[signed:]
Lucy her X mark Jackson (seal)
Charles X Merrill [no crossing evident] (seal)
Benja. [with superscripted “a” indicating abbreviation] Phipps (seal)
John P Malone (seal)
John Phipps (seal)

Signed Sealed acknowledged & delivered before [signed:]
John Wyche as to J. P. M. [i.e. John P. Malone] & L Jackson B. Phipps & C[?]
R H H Walton as to [Jos?] Polk
Thomas Delbridge (as B Phipps L Jackson & C[?]
Howell his X mark Allen as to Do.
Sally [M?] Delbridge as to Do.

Wyche & Malone for Malone Bond before & within described is entitled to a Credit of $47.62 1/2 pd. 11th January another [?]25 pd. November 1814.
[?] 72.62 1/2 [pd.?]

Brunswick County April Court 182[3?].
This Deed in Trust was proved by the Oaths of John Wyche as to Malone Jackson Phipps & Merritt, Thomas Delbridge as to Phipps Jackson & Merritt and Howell Allen as to the same parties three of the witnesses thereto and having been before proved by the Oath of Richard H. H. Walton as to Jackson Phipps & Merritt also a witness thereto, the same is Ordered to be Recorded.
Exd.

Teste [signed:]
[R?] [Turnbull?] [Ct C.?]

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