The following deeds are found in Hampshire County, Virginia Deed Book 1, 1757-1767, beginning with deed number 79. Digital copies are accessible in Family Search beginning at image 84 of 622. Two deeds are recorded, one immediately following the other. Both involved 400 acres which Benjamin Phipps had received by deed dated 9 May 1751 from the proprietor of the Northern Neck, Lord Fairfax. The land was on the North River of what is termed in the deeds “Cape Capon.” This was also called the Cacapehon, today the Cacapon.
It appears that Benjamin leased the land to Samuel Pritchard of Frederick County, Virginia on 15 December 1760, but then decided the following day to simply sell him the land. This resulted in two deeds, one dated the 15th and the other dated the 16th.
Some other events which may place these deeds in context:
- 1743/44, Frederick County, Virginia: Benjamin Phipps was the overseer for a road leading from the north branch of the Cape Capon (Cacapehon; Hampshire County did not yet exist)
- 1760, Hampshire County, Virginia: The two deeds below appeared, involving Benjamin Phipps’s land on the North River of the Cape Capon
- 1760, Granville County, North Carolina: The will of Isaiah Phipps mentions his plantation in Hampshire County, Virginia on both sides of the Little Cape Capon (Little Cacapon)
- 1797, Hampshire County, Virginia: Henry Baker received a grant on the North River of the Great Cacapehon adjoining Benjamin Fips (as current owner or as original grantee?)
Deed number 79:
- Date: 15 December 1760
- Grantor: Benjamin Phipps of the province of North Carolina
- Grantee: Samuel Pritchard of Frederick County, colony of Virginia
- Consideration: 5 shillings
- One year lease of 400 acres which Benjamin Phipps had received by deed from the proprietor of the Northern Neck dated 9 May 1751
- Land in Hampshire County on North River of Cape Capon
- Witnesses: James Keith, Alexander Wodrow, Luke Collins, George Nickson (Nixon)
Deed number 80:
- Date: 16 December 1760 (the day after Deed 79)
- Grantor: Benjamin Phipps of the province of North Carolina
- Grantee: Samuel Pritchard of Frederick County, colony of Virginia
- Consideration: £60
- Sell of the same 400 acres described in Deed 79
- Land in Hampshire County on North River of Cape Capon
- Witnesses: James Keith, Alexander Wodrow, Luke Collins
[in margin:]
79
[?]ps
to
[?]hard
[?]e
[?]ld.[to?]
[?]ed
[body of text:]
This Indenture Made this Fifteenth Day of December in the year of our Lord One thousand seven hundred and sixty Between Benjamin Phipps of the Province of North Carolina of the one Part and Samuel Pritchard of the County of Frederick and Colony of Virginia of the other Part Witnesseth That the said Benjamin Phipps for and in Consideration of the Sum of Five Shillings Current Money of Virginia to him in Hand paid by the said Samuel Pritchard at or before the Sealing and Delivery of these Presents the Receipt whereof he doth hereby acknowledge and thereof acquit and discharge the said Samuel Pritchard his Executors and Administrators Hath Granted Demised and to Farm Lett and by these Presents Doth Grant Demise and to Farm lett unto the said Samuel Pritchard a certain Tract of Land scituate lying and being upon the North River of Cape Capon in the County of Hampshire and bounded as follows to wit Beginning at a White Oak Red Oak and Chesnut Oak on the West Side of the said River and running thence North Twenty six Degrees West Three hundred and Twenty Poles to Three Pine Saplins in very Hilly Ground thence South Sixty four Degrees West Two hundred Poles to three white Oaks on the Top of a Mountain thence South Twenty six Degrees East Three hundred and twenty Poles to three White Oaks in a Hollow thence North Sixty four Degrees East Two hundred Poles to the Beginning Containing Four hundred Acres for which the said Benjamin Phipps obtained a Deed from the Proprietor of the Northern Neck bearing Date the Ninth Day of May One thousand seven hundred and fifty one and all Houses Buildings Orchards Ways Waters Water Courses Profits Commodities Hereditaments and Appurtenances whatsoever to the said Premises hereby Granted or any Part thereof belonging or in any wise appertaining of in and to the said Premises To have and to hold the said Tract of Land and all and singular other the Premises hereby Granted and Demised and every Part and Parcel thereof with their and every of their Appurtenances unto the said Samuel Pritchard his Executors and Administrators for and during and unto the full End and Term of one whole Year from hence next ensuing fully to be compleated and ended yielding and [page break] paying therefore the Rent of one Ear of Indian Corn to the said Benjamin Phipps on the last Day of the said Term if the same shall be lawfully demanded To the Intent and Purpose that by Virtue of these Presents and of the Statute for Transferring Uses into Possession he the said Samuel Pritchard may be in the more full and actual Possession of the Premises and thereby be the better enabled to accept and take a Grant and Release of the Reversion and Inheritance thereof to him and his Heirs In Witness whereof the Parties to these Presents have hereunto set their Hands and Seals the Day and year first above written
[signed:] Benjamen Phipps (LS)
Sealed & Delivered in presence of
Ja. Keith
Alexr. Wodrow
Luke Collins
George Nickson
At a Court continued and held for Hampshire County the 11th Day of February 1761 This Indenture of Lease from Benjamin Phipps to Samuel Pritchard was proved by the Oaths of James Keith and Luke Collins Two of the Witnesses to the same and Ordered to be Certified
Test Gabriel Jones Ct. Cur.
At a Court held for Hampshire County the 8th Day of September 1761 This Indenture of Lease from Benjamin Phipps to Benjamin Pritchard was further proved by the Oath of Alexander Wodrow another of the Witnesses to the same and Ordered to be Recorded
Test Gabriel Jones Ct. Cur.
[in margin:]
Phipps to
Pritchard
Release
Exd. & deld.
to Pritchard
[body of text:]
This Indenture Made this Sixteenth Day of December in the Year of our Lord One thousand seven hundred and Sixty Between Benjamin Phipps of the Province of North Carolina of the one Part and Samuel Pritchard of the County of Frederick and Colony of Virginia of the other Part Witnesseth That the said Benjamin Phipps for and in Consideration of the Sum of Sixty Pounds Current Money of Virginia to him in Hand paid by the said Samuel Pritchard at or before the Sealing and Delivery of these Presents the Receipt whereof he the said Benjamin doth hereby acknowledge and thereof and of every Part and Parcel thereof doth acquit discharge and exonerate him the said Samuel Pritchard [page break] his Heirs Executors Administrators and Assigns by these Presents Hath Granted Bargained Sold Aliened Released and Confirmed and by these Presents Doth Grant Bargain Sell Alien Release and Confirm unto the said Samuel Pritchard (in his actual Possession now being by Virtue of a Bargain & Sale to him thereof made for one Year by the said Benjamin Phipps by Indenture bearing Date the Day next before the Day of the Date of these Presents and by Force of the Statute for transferring uses into Possession) and to his Heirs and Assigns forever a certain Tract of Land situate lying and being upon the North River of Cape Capon in the County of Hampshire and bounded as follows to wit Beginning at a White Oak Red Oak and Chesnut Oak on the West Side of the said River and running thence North Twenty six Degrees West Three hundred and Twenty Poles to three Pine Saplins in very Hilly Ground thence South Sixty four Degrees West Two hundred Poles to three White Oaks on the top of a Mountain Thence South Twenty six Degrees East Three hundred and Twenty Poles to three white Oaks in a hollow thence North Sixty four Degrees East Two hundred Poles to the Beginning Containing Four hundred Acres for which the said Benjamin Phipps obtained a Deed from the Proprietor of the Northern Neck bearing Date the Ninth Day of May One thousand seven hundred and fifty one and all Houses Buildings Orchards Ways Waters Water=Courses Profits Commodities Hereditaments and Appurtenances whatsoever to the same belonging or in any wise appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits thereof and of every Part and Parcel thereof with the Appurtenances And also all the Estate Right Title Interest Claim and Demand whatsoever of him the said Benjamin Phipps as well in Law as Equity of in and to all and singular the said Premises and of in and to every Part and Parcel thereof with the Appurtenances To have and to hold the said Lands Hereditaments and Premises before mentioned and every Part and Parcel thereof with the Appurtenances unto the said Samuel Pritchard his Heirs and assigns to the only proper use and Behoof of him the said Samuel Pritchard his Heirs and assigns for ever And the said Benjamin Phipps for himself his Heirs Executors Administrators and assigns doth Covenant and Grant to and with the said [page break] Samuel Pritchard his Heirs and assigns that he the said Benjamin Phipps now is the lawful and rightful Owner of the said Lands Hereditaments and Premises before mentioned and of every Part and Parcel thereof with the Appurtenances and also that he the said Benjamin Phipps now is lawfully and rightfully seized in his own Right of a good sure perfect absolute and indefeasible Estate of Inheritance in Fee Simple of and in all and singular the Premisses before mentioned with the appurtenances without any manner of Condition Mortgage Limitation of Use or Uses or other Matter Cause or Thing to alter change charge or determine the same And also that they the said Benjamin Phipps now hath good Right full Power and lawful Authority to Grant Bargain Sell and Convey the said Lands Hereditaments and Premises before mentioned with their and every of their Appurtenances unto the said Samuel Pritchard his Heirs and assigns To the only proper Use and Behoof of him the said Samuel Pritchard his Heirs and Assigns for ever according to the true Intent and Meaning of these Presents And further that he the said Samuel Pritchard his Heirs and Assigns shall and may from Time to Time and at Times for ever hereafter peaceably and quietly have hold occupy possess and enjoy all and singular the said Lands Hereditaments and Premises before mentioned and intended to be hereby Bargained and Sold with their and every of their Appurtenances without the Lett Trouble Hindrance Molestation or Interruption of him the said Benjamin Phipps his Heirs Executors Administrators or Assigns and of all and every other Person or Persons whatsoever and that freed and discharged or otherwise well and sufficiently kept harmless and indemnified of and from all former and other Gifts Grants Bargains Sales Leases Joyntures Mortgages Dowers Uses Wills Issues Amerci amen to [sic; as written] Seizures Bonds Annuities Writings Obligatory Recognizances Extents Judgments Executions Rents Arrearages of Rents and of and from all other Charges Estates Rights Titles Troubles and Incumbrances whatsoever had made committed done or suffered or to be had made committed done or suffered [page break] by the said Benjamin Phipps or any other Person or Persons whatsoever claiming or to claim from by or under him The Quit-rents and Land Taxes due and to become due only excepted And Lastly that the said Benjamin Phipps and his Heirs and all and every other Person or Persons any Thing having or claiming in the said Lands Hereditaments and Premises before mentioned and intended to be hereby Bargained and Sold or any Part or Parcel thereof with the Appurtenances by from or under him them or any of them shall and will from Time to Time and at all Times for ever hereafter at the reasonable Request and at the Cost and Charges in the Law of him the said Samuel Pritchard his Heirs or Assigns make do execute levy and suffer or cause or procure to be made done executed levied and suffered all and every such further and other lawful and reasonable Act and Acts Thing and Things Device and Devices Conveyances and Assurances in the Law whatsoever for the further and more perfect assuring suremaking and Conveying of all and singular the Lands Hereditaments and Premises beforementioned with the Appurtenances unto him the said Samuel Pritchard his Heirs and Assigns to the only proper Use and Behoof of him the said Samuel Pritchard his Heirs and Assigns according to the true Intent and Meaning of these Presents as by the said Samuel Pritchard his Heirs or Assigns or any of them his heir or any of their Council learned in the Law shall or may be reasonably advised devised or required In Witness whereof the Parties to these Presents have hereunto set their Hands and Seals the Day and Year first above written
[signed:] Benjamin [sic; as spelled] Phipps (L S)
Sealed and Delivered
in presence of
The words (and twenty) between the 15 & 16 Lines being first Interlined
Ja Keith
Alexr. Wodrow
Luke Collins
George Nickson [the above 3 names joined by a bracket pointing to George Nickson]
Received the within mentioned Sum of Sixty Pounds
[signed:] Benjamin Phipps
Witness
Ja. Keith
Alexr. Wodrow
Luke Collins
[page break]
At a Court continued and held for Hampshire County the 11th Day of February 1761 This Indenture of Release and the Receipt endorsed from Benjamin Phipps to Samuel Pritchard were proved by the Oaths of James Keith and Luke Collins two of the Witnesses to the same and Ordered to be Certified
Test Gabriel Jones Ct. Cur.
At a Court held for Hampshire County the 8th Day of September 1761 This Indenture of Release and the Receipt endorsed from Benjamin Phipps to Samuel Pritchard were further proved by the Oath of Alexander Wodrow another of the Witnesses to the same and Ordered to be Recorded
Test Gabriel Jones Ct. Cur.
For additional reading:
- Andrew Wodrow (Wikipedia, regarding Alexander Wodrow)
- Another Hampshire County, Virginia Record (past post)
- August 1769 (George Washington Papers, National Archives, regarding Alexander Wodrow)
- Benjamin Fips Land in Hampshire County, Virginia, 1796 (past post)
- Benjamin Phipps/Fips: Frederick AKA Hampshire County, Virginia (past post)
- George Washington’s Surveys in Hampshire County (Historic Hampshire County, West Virginia)
- He Left All This for a Hunting Lodge in Virginia: Thomas, Sixth Lord Fairfax and Leeds Castle (Historic Hampshire)
- James Keith (Early Colonial Settlers of Southern Maryland and Virginia’s Northern Neck Counties)
- Luckman, Gene, and Ann Brush Miller, Frederick County, Virginia Road Orders 1743-1772, Charlottesville: Virginia Transportation Research Council, 2005 (pdf, regarding Benjamin Phipps, p. 3)
- Luke Collins of Augusta and Hampshire County (We Relate)
- Northern Neck Proprietary (Wikipedia)
- Report of the Commissioners to Examine the Accounts of the Militia, 9 November 1764 (George Washington Papers, National Archives, regarding Luke Collins)
- Washington, George, Journal of My Journey Over the Mountains, Albany, New York: Joel Munsell’s Sons, 1892 (Project Gutenberg, regarding George Nickson)