Indenture between John Wayles Eppes, Jerman Baker, and Archibald Thweatt for the Purchase of Eppington

This Indenture made on this twentieth day of December in the year eighteen hundred and twelve, Between John W Eppes and Jerman Baker executors and trustees of the late Francis Eppes esquire of Eppington in the county of Chesterfield, of the one part, and Archibald Thweatt formerly of Petersburg but now of Eppington aforesaid of the other part: Whereas the said Francis by his last will and testament dated on the sixth day of March in the year 1806 duly proved and recorded in the Richmond District court now of record in the Superior court of law of Henrico county, decreed his residency estate real and personal to his executors therein named, for certain purposes and was declared in the said Will, as will more fully and at large appear on a reference being thereunto had, and whereas the said executors in pursuance of the devise and trust aforesaid and for the express fulfilment of the objects and purposes of the said trust as declared by the said testator, did heretofore sell unto the said Archibald Thweatt the tract of land herein after described, for the consideration of one thousand dollars; and for the payment thereof the said Archibald hath heretofore executed to the said executors his four several bonds, each for the sum of two hundred and fifty dollars, growing due at different periods, and no title hath yet been made to the said land; Now this Indenture therefore Witnesseth, that the said John W. Eppes and Jerman Baker as executors and trustees aforesaid for and in consideration of One Thousand dollars secured to be paid as aforesaid, and for and in the further consideration of one dollar to them in hand paid by the said Archibald (the receipt whereof is hereby acknowledged) have granted bargained and sold, and by these presents, do grant bargain and sell unto the said Archibald Thweatt all that the said tract of land, sometimes called Old Cox’s containing two hundred acres (being sold at the price of five dollars per acre) situate in the said county of Chesterfield and bounded by the tract of One thousand acres called Eppington, assigned, allotted & delivered to the late Mrs Elizabeth Eppes, by one other tract of five hundred acres assigned, allotted and delivered to Miss Sally Eppes a daughter of the testator who hath intermarried with John Lane, being the same tract which the said Lane & wife lately sold and conveyed unto the said Archd and also by one other tract of five hundred acres assigned, allotted and delivered unto Richard N. Thweatt in right of Polly his wife formerly Miss Polly Eppes another daughter of the testator, being the same tract which the said Richard & Polly sold and conveyed unto John Robertson, all which assignments and allotments were made by the said executors agreeable to the terms of the said Will, and also bounded by Appomattox river, and the land of the late Thomas Watkins now deceased; the said tract of land called old Cox’s being a part of the residuary estate of the said testator—with all and singular the tenements, hereditaments, and appurtenances, unto the said tract of land belonging or in any wise appurtaining; To have and to hold the said tract of land of two hundred acres and premises unto him the said Archibald Thweatt his heirs and assigns forever. And the said executors and trustees do covenant with the said Archibald Thweatt that they and their heirs, exors & administrators the said land & premises unto the said Archibald his heirs, and assigns, against all claims and demands of them the said executors and trustees, and of all persons claiming under them, shall and will warrant and defend.—

In testimony whereof the said executors and trustees have hereunto set their hands and affixed their seals on the day and year first above written.—

Jno: W: Eppes {seal}
Jerman Baker {seal}
Sealed & delivered }
in presence of
Jno R: Walke
T: B: Thweatt.
Daniel Stringer

In Chesterfield county court July the 12th 1813 This Indenture was proven by the oath of T: B: Thweatt and Daniel Stringer subscribing witnesses, and ordered to be continued for further proof:—

In said court the ninth day of August following, the same was further and fully proven by the oath of John R. Walke also a subscribing witness, and ordered to be recorded.—1

Teste Parke Poindexter C.
MS (Chesterfield Co. Deed Book, 19:538–40).
1On left margin: “Examined.”