Deed - Division of the Lands of Peter Evans Decd - 29 September 1883 - Transcribed by Gail M. Walczyk
This deed made this 29th day of September, A.D. 1883 between Mitchell Evans and Adaline his wife, John Evans and Mary his wife, George W. Evans and Nelly his wife, Noah Evans and Tabitha his wife, and John W. Marsh and Margaret A. his wife all of the County of Accomack in the State of Virginia Witnesseth, that whereas, the said Mitchell Evans, John Evans, George W. Evans, Noah Evans, and John W. Marsh and Margaret A., his wife in right of said wife, are seized in fee simple of and have equal shares as coparcenus in to a certain tract, piece or parcel of land, situate lying and being in the County and State aforesaid on Chesconnessex Creek containing one hundred and nineteen and 115/1000 acres (119.115 A.) and bounded as follows: on the north and north east by said creek, on the east by the land of Littleton Ayres and Thomas C. Pitts; on the south by the land of John K. Rodgers' heirs; and on the west by the land of William M. Riley's heirs; which tract , piece or parcel of land descended to the said Mitchell Evans, John Evans, George W. Evans, Noah Evans, and Margaret A. Marsh as children and heirs-at-law of Peter Evans deceased and which is more fully set forth in, by and upon the plat and survey thereof which is hereto conveyed as part of this deed and to which plat reference is hereby made for a fuller and more accurate description thereof. Now, therefore, to the end and intent that a perfect partition may be had and made between them, the said heirs-at-law, of all and singular the tract piece or parcel of land aforesaid, and that every of them, their and ever of their heirs, executors, administrators and assigns may from henceforth, severally, have and enjoy in severalty, his and her portion and part of the said tract, piece or parcel of land, they, the said parties to this deed by their own mutual consent and agreement, have made partition and division, and by these presents, do, for them and their heirs make partition and division of the said tract, piece or parcel of land subject to the road or right of way and of drainage herein after set forth in manner and form as herefore mentioned, that is to say: First, the said Mitchell Evans shall have for his part and portions of said tract of land, 1st that lot or parcel containing eleven an 15/1000 acres, and bounded in the northwest by Lot No.4, on the north east by the land of Littleton Ayres; on th south west by Lot No.2; and on the south west by Lot No.1; 2nd, that lot or parcel, containing ____ acres, bounded on the north by said creek on the east, by Lot. No.5 and No.4; on the south by Lot No.1; and on the west, and north west by the land of William M. Riley's heirs; and 3rd, that lot or parcel of woodland, containing 11.014 acres, bounded on the north east by Lot No.1; on the south east by woods Lot No.4; on the south west by the land of John K. Rodgers' heirs and on the north west by woods Lot No.5 and the land of William M. Riley's heirs, the said three lots or parcels hereby assigned to the said Mitchel Evans, all being marked No.3 on the said plat to have and to hold the said three lots or parcels unto him the said Mitchel Evans, his heirs, and assigns forever in severally and divided from the parts and portions of said tract of land herein assigned to the other parties to this deed, their heirs and assigns. Second, the said John Evans shall have of his parts and portions of said tract of land 1st that lot or parcel containing 11.015 acres and bounded on the north west by said creek, on the south east by Lot No.3; on the south west and west by Lots 1 and 3; on the north west by Lot No.5 and second that lot or parcel of woodland, containing 11.014 acres bounded on the north east by Lot No.1; on the south west by the land of John K. Rodgers' heirs; and on the northwest by woods Lot No.3. The said lots or parcels hereby assigned to John Evans, being marked No.4 on the said plat, to have and to hold the said lots or parcels so marked No.4 unto him, the said John Evans, his heirs and assigns , forever, in severally and divided from the parts and portions of said tract of land herein assigned to the other parties to this deed, their heirs and assigns. Third, the said George W. Evans shall have for his parts and portions of said tract of land, 1st that lot or parcel containing 16 acres and bounded on the north east by the land of Littleton Ayres; on the south by the land of Littleton Ayres and woods Lots No.2 and No.1; on the south west by Lot No.1; and on the north west by Lot No.3; and 2nd, that lot or parcel of woods land containing 11.014 acres bounded on the north by Lot No.2; on the south east by the land of Littleton Ayres and of Thomas C. Pitts; on the south west by the land of John K. Rodgers' heirs; and on the north west by woods Lot No.1, the two lots or parcels so marked No.2, unto him, the said George W. Evans, his heirs and assigns forever, in severally and divided from the parts or portions of said tracts of land herein assigned to the other parties to this deed, their heirs and assigns. Fourth, the said Noah Evans shall have for his parts and portions of said tract if land, 1st that lot or parcel, containing 15 acres and bounded on the northeast by Lots No.4, No.3, and No.2; on the south and south west by woods Lots No.1, No.4, No.3 and No.5 and the land of William M. Riley's heirs; and on the north west by the land of William M. Riley's heirs and by Lot No.3; and 2nd that lot or parcel of woodland containing 11.014 acres bounded on the north by Lots No.1 and No.2; on the south east by woods Lot No.2; on the south west by the land of John K. Rodgers' heirs; and on the north west by woods Lot No.4, the said two lots or parcels, hereby assigned to the said Noah Evans being marked No.1 on the said plat to have and to hold the said two lots or parcels, so marked No.1, unto him, the said Noah Evans, his heirs and assigns forever in severally and divided from the parts and portions of said tract of land herein assigned to the other partied to this deed, their heirs and assigns. Fifth, the said Margaret A. Marsh shall have for her part and portions of said tract on land 1st, that lot or parcel containing 11.015 acres and bounded north west and northeast by the said creek on the south east by Lot No.4; and on the west by Lot No.3; and 2nd that lot or parcel of woodland containing 11.014 acres; bounded on the north east by Lot No.1; on the south east by woods Lot No.3; and on the south west, west, and northwest by the land of William M. Riley's heirs the said two lots or parcels hereby assigned to the said Margaret A. Marsh being marked Lot No.5 on the said plat; to have and to hold the said two lots or parcels so marked No.5; unto her, the said Margaret A. Marsh, her heirs and assigns forever, in severally and divided from the parts and portions of said tract of land herein assigned to the other parties to this, deed, their heirs and assigns. And it is understood and agreed between the parties the parties to this deed, and ther hereby conveyed to and with each other, as follows: that the said parties their heirs and assigns shall have the use and enjoyment of a road or way, fifteen feet wide, in, though and over the said tract, piece or parcel of land commencing at the line between cleared Lots No.5 and No.4 on the east side of the glade, on the edge of the high land so as to be fit for a road, and running southwardly along the said glade on said Lot No.4 to cleared Lot No.3, on said Lot No.3 along the ditch separating said Lot No.3 from cleared Lot No.1, until reaches the south west corner of said cleared Lot No.3, and thence south westwardly by direction over the cleared Lot No.1 to the main or public road, byt any of the said partied over whose lots the said road or way passes as aforesaid shall have the right to erect and maintain such necessary gates, as they may desire across the said road or way so as to avoid fencing and that any and all the parties, to his deed, their heirs or assigns, shall have the right of drainage in through and by and all ditches, and esterways, now existing in or upon the said tract of land. And the parties to this deed hereby further consent to and with each other that each shall have, hold and enjoy the parts and portions of said tract, piece or parcel of land thereby assigned to him or her as aforesaid, subject to the road or way and right of drainage aforesaid, to and for his or her own use and uses without the ---suit, hinderance, interception, ordenial of ther others, their heirs or assigns, or any person claiming or to claim by from or under them or any or them them.

Witness the following signatures and seals;
Mitchell Evans
Adaline Evans
John Evans
Mary Evans
George W. Evans
Nelly Evans
Noah Evans
John W. Marsh
Margaret A. Marsh

Recorded 9 October 1883

Source:

_____. Accomack County Deeds No. 56, 1883-1884.

© Copyright 2008-2011 by Gail M. Walczyk