Heirs of Richard Thompson

Deed among the Heirs of Richard Thompson

Russell County, Virginia
Executed 17 May 1828 & 27 Feb 1830

This indenture made this seventeenth day of May in the year of our Lord 1828 between Thomas Cecil and Nancy His wife of the first part, Isabella Thompson of the second part, and Abner Thompson of the third part; whereas Richard Thompson, late of Russell County hath departed this life having first made his last Will and Testament, and and devising therein his lands and tenaments amongst other things to his daughter the said Isabella, who hath since agreed to make a division thereof with the said Nancy her sister, and with the said Abner her brother equally with herself and to reserve to her mother Mildred, during her natural life also a portion thereof and whereas the said Richard Thompson at the time of his death was seized in fee of two certain tracts of land lying in the New Garden in the said county of Russell adjoining each other the one containing 208 acres, and the other 10 acres and had also an equitable title to another tract containing 200 acres lying in said New Gatrden, which has since been decreed by the Superior Court of Chancery to be conveyed by John Thompson Sr. In whom was the legal title to the said Nancy, Isabella and Abner. And whereas the said Nancy, Isabella and Abner have agreed to a division of all the said land in the following manner, that is to say; It is covenanted and agreed by and between the parties to these presents, that the aforesaid Nancy Cecil her heirs and assigns, shall henceforth have, hold, possess and enjoy in severalty the said piece or parcel of ten acres and ninety acres of said tract of 208 acres, being all that part of the same which lies east of a line beginning at a white oak on the south side of said tract, and running a north course to a poplar on the opposite side, together with all the buildings and improvements therein. That the sd. Abner Thompson his heirs and assigns shall henceforth have, hold, possess and enjoy in severalty 118 acres the balance of the said tract of 208 acres, and 33 1/3 acres of the said tract of 200 acres, and lies west of a line beginning at a white oak on the north side of said tract, thence a south course to a stake in the publick road, thence with the road a west course to another white oak, at or near the line of the same, together with all the buildings and other improvements thereon. That the said Isabella Thompson her heors and assigns, shall henceforth have, hold and enjoy in severalty 166 2/3 acres the balance of the said tract of 200 acres, she having paid her sister the said Nancy Cecil in consideration of 66 2/3 acres thereof, one hundred dollars, the receipt of which the said Nancy Cecil hereby acknowledges, to have and to hold the same with the buildings and other improvements thereon reserving out of the said tract of 200 acres to the said Mildred Thompson her life estate in 66 2/3 acres thereof at the place where she now resides.

This indenture therefore, witnesseth, that in consideration of the promises aforesaid, they, the said Isabell Thompson and Abner Thompson, do grant, release and confirm to the said Nancy Cecil her heirs and assigns forever, the said tract of ten acres, and 90 acres of the said tract of 208 acres, so as aforesaid allotted to the said Nancy Cecil, as and for her full share, part and proportion of and in the said pieces or parcels of ground devised by the said Richard Thompson to have and to hold the same with all the privileges and appurtenances thereto belonging to her the said Nancy Cecil her heirs and assigns forever, in severalty as aforesaid, and to her and their own use and behoof forever. And the said Isabella Thompson and Abner Thompson do, by these presents, for themselves, their heirs, executors and administrators, covenant and grant to and with the said Nancy Cecil her heirs and assigns, that she and they, shall and may from henceforth forever, peaceably and quietly, have, hold, use, occupy, posses and enjoy the same, free and discharged of all right, and title, interest claim or demand whatsoever of the said Isabella Thompson & Abner Thompson or of their heirs or assigns, or of any person or persons, claiming by, from, or under them, or either of them.

And this indenture further witnesseth, that the said Thomas Cecil and Nancy his wife and Isabella Thompson, do hereby also, in consideration of the premises aforesaid, grant, release and confirm, to the said Abner Thompson the said 118 acres, part of the said tract of 208 acres, and the said 33 1/3 acres, part of the said tract of 200 acres, so as aforesaid allotted to the said Abner Thompson as and for his full share part and proportion, of and in the said pieces or parcels of ground devised by the said Richard Thompson, to have and to hold the same, with all the privileges and appurtenances thereto belonging to him the said Abner Thompson his heirs and assigns forever, in severalty as aforesaid and to his and their own use and behoof forever. And the said Isabella Thompson & Thomas Cecil and Nancy his wife, do, by these presents, for themselves, their heirs, executors and administrators, covenant and grant, to and with the said Abner Thompson his heirs and assigns, that he and they, shall and may from henceforth forever, peaceably and quietly, have, hold, use, occupy possess and enjoy the same, free and discharged of all right, and title, interest, claim or demand whatsoever, of the said Isabella Thompson and Thomas Cecil and Nancy his wife, or of their heirs or assigns, or of any person or persons claiming by, from or under them, or either of them.

And this indenture further witnesseth, that the said Thomas Cecil & Nancy his wife and Abner Thompson, do hereby also, in consideration of the premises aforesaid, grant, release and confirm to the said Isabella Thompson the said 166 2/3 acres, the balance of the said tract of 200 acres, so as aforesaid allotted to the said Isabella Thompson, as and for his full share, part and proportion, of and in the said piece or parcel of ground devised by the said Richard Thompson, to have and to hold the same, with all the privileges and appurtenances thereto belonging to her the said Isabella Thompson her heirs and assigns forever, in severalty as aforesaid and to her and their own use and behoof forever. And the said Thomas Cecil & Nancy his wife & Abner Thompson, do, by these presents, for themselves, their heirs, executors and administrators, covenant and grant, to and with the said Isabella Thompson hher heirs and assigns, that she and they, shall and may from henceforth forever, peaceably and quietly, have, hold, use, occupy, possess and enjoy the same, free and discharged of all right, and title, interest, claim or demand whatsoever, of the said Thomas Cecil & Nancy his wife and Abner Thompson, or of their heirs or assigns, or of any person or persons claiming by, from or under them, or either of them; she reserving to the said Mildred her mother her life estate in the said part thereof, before mentioned.

In witness whereof the parties, to these presents, have hereunto set their hands & seals the day & year aforesaid.

Thomas Cecil (Seal)
Nancy Cecil (Seal)
Isabella Thompson (Seal)
Abner Thompson (Seal)

Russell County SC: We Jacob Helms & Jas. P. Strother justices of the peace in the county aforesaid in the state of Virginia, do hereby certify that Nancy Cecil the wife of Thomas Cecil, parties to a certain deed bearing date on the 17th day of May 1828 and hereunto annexed personally appeared before us in our county aforesaid, and, being examined by us privatly and apart from her husband, and having the deed aforesaid fully explained to her she the said Nancy Cecil acknowledged the same to be her act and deed, and declared that she had willingly signed sealed and delivered the same and that she wished not to retract it. Given under our hands and seals this 16th day of July 1829.

Jacob Helms (Seal)
Jas. P. Strother (Seal)

This indenture of partition was acknowledged before me in the Clerk's office of Russell County on the 17th day of May 1828 by Thomas Cecil, Isabella Thompson & Abner Thompson parties thereto, to be their act and deed, and on the 27th day of February 1830, the acknowledgement & privy examination of Nancy Cecil thereto annexed was produced to me in the clerks office aforesaid & admitted to record.

James P. Carrell CRC

This file contributed by: Michael A. Dye

visitor since May 1, 1998

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