Frederick County Virginia

Deed - Joseph Fry from Zane Estate
Submitted by Dick Rush

Deed of Joseph Fry
1 March 1813
Deed Book 35 pages 33-36
Frederick County, Virginia

This Indenture made the first day of March in the year of our Lord one thousand eight hundred thirteen between Jacob Rinker, Robert Mackey and Sarah Zane surviving Executors and Executrix of the Last Will and Testament Isaac Zane late of Marlbro Iron Works in the Sate of Virginia deceased of the one part and Joseph Frye son of Benjamin Frye of the County of Frederick in the Commonwealth of Virginia of the other part. Witness that the said Executors and Executrix and consideration of the sum of two hundred and fifty dollars current money to them in hand paid, by the said Joseph Frye at or before the sealing and delivery of these present the Receipt whereof is hereby acknowledged and by virtue of the power and authority to them by the said Will have granted bargained sold lien released and confirmed and by these do grant bar gain sell alien release and confirm unto the said Joseph Fry and his heirs a certain piece parcel or tract of Land situate lying being in the County Frederick at the big North Mountain and is part of a larger Tract of eighteen hundred and forty two acres granted to the said Isaac Zane by Deed from the Proprietors Office of the Northern Neck of Virginia bearing date the 19th day of October one-thousand seven hundred and seventy eight and that part there of which is here by conveyed to the said Joseph Frye is Bounded as followeth to wit: Beginning at three chesnut [sic] oaks on a spur of the Mountain corner to another tract of said Zanes land then along a line of the same to 49Eº two hundred and sixty pole to a white oak and a large fallen white oak and Black oak corner to Jacob Cacklys heirs thence with Cacklys line N44Et one hundred and six poles crossing Hog creek to where an old corner Black oak stood among stones on a ridge marked a small sassafras and the same course continues forty poles farther crossing another Branch to two chesnut [sic] oaks near a black oak thence Nº52 Wº (Scraping a branch) two hundred and sixty poles to a heap of stones put together on the spur of the mountain near a cornered pine and two chesnut [sic] oaks and then 43 Wt one hundred and forty six poles to the Beginning containing two hundred thirty seven acres be the same more or less together with also houses Buildings Orchard ways waters water course profits commodities hereditaments and appurtenances Whatsoever to the said premises hereby granted or any part thereof belonging or in any wise appertaining and also all the Estates right titles Interest use trust property also in and demand. Whatsoever of him the said Isaac Zane deceased and of them the said Executors and Executrix as in and to the said premises and all Deeds or devises and writings touching or in any wise concerning the same. To have and to hold the land hereby conveyed and all and singular the premises hereby granted and related and part and parcell [sic] there of with their appetencies unto the said Joseph Frye his heirs and assigns forever as the only proper use and Behoves [sic] of him the said Joseph Frye his heirs and assigns forever that freed and discharged of and from all the Estate Right title use trust property and demand. Whatsoever of him the said Isaac Zane deceased, and of them the said Executors and Executrix of in and to the said premises and every part there of and the said Executors and Executrix for themselves their heirs Executors and administrators do covenant promise and grant to and with the said Joseph Frye his heirs and assigns that the said Executors and Executrix now at the time of sealing and delivering of these present have full power and lawful and absolute authority to convey the said premises to the said Joseph Frye his heirs and assigns in manner & form aforesaid. And lastly that the said Executors and Executrix and their heirs all and singular the premises hereby granted and Released with the appurtenances unto the said Joseph Frye his heirs and assigns against the said Isaac Zane deceased, and all persons claiming by from and under shall and will warrant and forever defend by these present. In Testimony whereof the said parties have here unto set their hands and seal the day and year just above written.

Signed Sealed & delivered} Jacob Rinker
In presence of } Executor of I Zane decd {seal}
Frederick Macky
Jo Tidball Robt Macky Executor
John Duffield of I Zane decd {seal}
Jos _ Pewbrough {seal}

At a court held for Frederick County the 1st day of March 1813. This Indenture was proved by the oaths of Frederick Macky, John Duffield and Joshua Pewbrough Witnesses thereto and Ordered to be Recorded.
By the Court
J. Keith CFC

---