Indenture Between Thomas Evans as Executor of the said Selby Simpson to John Moore

Transcribed by Gail M. Walczyk

NOTE: Spelling has not been changed.

This Indenture made this second day of November in the year of our Lord one thousand seven hundred & ninety nine between Thomas Eavans of the county of Accomack in the State of Virginia of the one part and John Moore of the County & State aforesd of the other part Witnesseth that whereas Colo Selby Simpson late decd of the County aforesd by his last will and Testament in writing bearing date March 20. 1795 duly attested & since proved and recorded in the Court of the County aforesd did amongst other things subject his estate real and personal to the payment of his just Debts & Appointed the aforesd Thomas Evans and John Abbott Bundick Executors thereof whom the sd Thomas alone Qualified as Executor of the said Will and whereas upon a certain suit in Chancery brought in the Court of the County afsd by Charles West Executors of Charles West (decd) against the aforesd Thomas Evans as Executors of the said Selby Simpson decd & against William Tunnell & Elizabeth his wife who was lately the widow of the said Selby Simpson decd & Betty Selby Simpson the daughter & heir of the said Selby Simpson decd amongst other things it was so pescuted, that on the 30th day of July in the year first aforesd a decree was entered in the said suit by which it is decided that the said Selby Simpson did by his last Will & Testament subject his real estate to the payment of his debts in manner as afsd & it was further Stated in the said decree that it appearing to the satisfaction of the said Court that the personal estate of the said Selby Simpson decd which had come to the hands of his said Executor had been fully & duly administered it was therefore decreed and ordered that the demand of the said Charles West Executors of the said Charles West decd should be satisfied our of the real estate of the said Selby Simpson decd & that the said Thomas Evans as the sole acting Executor of the Said Selby Sempson deceased should proceed to make sale of a certain water grist mill with an Acre of land on each side contiguous thereto being a apart of the real estate of the said Selby Simpson decd for the purpose of Satisfying the demand aforesd as may more fully appear by reccurrance to the said decree and whereas the aforesd Thomas Evans the sole acting Executor of the said Selby Simpson decd in obedience to the aforesaid decree hath on the day and year first aforsd offered the sd water grist Mill with an acre of Ground on each side contiguous tereto Stiuate at the head of Parkers Creek at Metopkin in the County of at public sale after due notice thereof, Subject however to the dower of the said Elizabeth Tunnill, who was lately the widow of the sd Selby Simpson decd afsd and the aforesd John Moore hath been found to be the highest bidder for the same at the price of one hundred and forty seven pounds lawfull money of Virginia Noe be it Known, that the said Thomas Evans the sole Executor [Page 45] of the said Selby Simpson decd by virtue of the authority in him being lawfully willed under the Will aforesaid & in obedience to the aforesd decree of the Court of Accomack aforesd for & in consideration of the aforesd sum of one hundred & fifty pounds lawfull money as aforesd paid and to be paid unto the said Thomas Evans is trust to be applied to the purposes specified in the Will aforesd & directed in the decree aforesaid hath granted bargained & sold & by these presents doth grant bargain & sell unto the said John Moore the aforesaid Water grist Mill with one acre of ground on each sid contageous of thereto with appurtenances to the same belonging being a part of the Real estate of the Said Selby Simpson decd & situate at the head of Parkers Creek at Metompkin in the County of aforesd To Have to hold the above granted, bargained & sold premises with the appurtenances to the same belonging to the said John Moore his heirs and assigns forever to the only proper use benefit and behoof of the said John Moore his heirs and assigns forever Subject however to the lawfull dower of the said Elizabeth Tunnill, wh was late the widow of the said Selby Simpson decd as aforsd In Testimony Whereof the said Thomas Evans hath hereto set his hand & affixed his seal the day & year first aforesaid

Thomas Evans

Sealed & deliverd

in the presence of

William M. Upshur

Edmund Bayly

Fenwick Fisher

William Ardis

Southey W. East

Teste

Edmund Bayly C.D.C.

Truly Recorded

Source:

_____.  Accomack County District Court Wills & Deeds 1800-1806: 43, 44.


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