Berkeley Co., (W)VA
Deed Book 12, pp. 325-327

THIS INDENTURE made the Twenty fifth day of February in the year of our Lord one thousand seven hundred and Eighty seven Between the honorable George William FAIRFAX, Esquire by George NICHOLAS his Attorney in fact of the one part and Garner BARTLETT of the other part Witnesseth that the said George William FAIRFAX for and in consideration of the rents? and covenants hereinafter mentioned on the part of the said Garner BARTLETT to be paid and performed, hath demised, granted let? And to farm let and by these presents doth demise grant and to farm let unto the said Garner BARTLETT his heirs and assigns one hundred Acres of Land with the appurtenances actuate lying and being in the parish of Norborne in the County Berkeley being part of a Tract of Land of 30485 Acres and called Shannondale [sic] and bounded as followeth Beginning at a stake in Ralph WORMLEYs line extending? thence ^South^ twenty five? East one hundred poles to a small hickory and black oak, thence North fourteen East one hundred and forth poles to a small hickory and two black oaks, thence North Seventy five? West one hundred poles to two small black oaks in Ralph WORMLEYs line, thence with the said line to the beginning containing one hundred Acres be the same more or less this lott was surveyed for Margaret METHENEY [MATHENY?] in March 1779 by Cravin POYTON. Together with all profits commodities and appurtenances to the same belonging or in any wise [sic] appertaining excepting and ___ing? unto the said George William FAIRFAX his heirs and Assigns all mining minerals and ____ whatever and the use of them, and the priviledge [sic] of hunting and fowling in or upon any part thereof. TO HAVE AND TO HOLD the said one hundred Acres of Land with the appurtenances (except as before excepted) unto the said Garner BARTLETT his heirs and assigns from the day of the date hereof for & during the natural lives of him the said Garner BARTLETT William and Reubin BARTLETT both sons to the said Garner BARTLETT Yielding and paying unto the said George William FAIRFAX his certain Attorney heirs Executors Administrators or assigns yearly and every year on the first day of May the rent of Two pounds two shillings and five pence ___ ______ the ____ on the Land current money of Virginia for and during the space and term before mentioned and ^if^ it shall happen that the said bound? yearly rent or any part thereof shall be in arrears or unpaid for the space of sixty days after the day appointed for the payment thereof in any year causing? this demise and the same being lawfully demanded at ______ of the said Garner BARTLETT his heirs or Assigns upon the described premises and there shall not be goods and chattels of the said Garner BARTLETT his heirs or Assigns upon the said premises sufficient by distress? to satisfy and pay the rents as in arrears that then and in that case it shall and may be lawful to and for the said George William FAIRFAX his heirs or Assigns unto and upon the said described premises to __ ___ and the same to have again _____ and enjoy as if his or their former estates. This Indenture or any thing herein contained to the contrary in any wise notwithstanding and the said Garner BARTLETT for himself his heirs Executors Administrators and Assigns doth further covenant promise and agree to and with the said George William FAIRFAX his heirs and Assigns that the said Garner BARTLETT [All of the following section was extremely dark and blurred and very hard to read..st] his heirs or Assigns shall and will within the space of three years if not now done at furthest? from the date hereof build or come? to be built on some convenient part of the hereby described land and premises a good dwelling house twenty feet by sixteen and a barn twenty feet square after the manner of Virginia building or other houses and buildings ___ thereto and that he or they will also within the before mentioned span of three years plant on some convenient part of the hereby devised land and premises an _____ of one hundred and fifty w___ apple trees at least thirty feet distance every way from each other, and one hundred peach trees at sixteen feet distance every way from each other and the same will inclose [sic] with a good sufficient and lawful fence and keep them all well pruned, and if any of them should die or decay that the said Garner BARTLETT his heirs Executors Administrators or Assigns shall plant others of the same kind in the room of them, and that he will from time and at all times during the continuance of this demise will and sufficiently maintain and keep all and singular the said buildings orchards and fences which are to be built, or at any time during the said term shall be upon the demised premises in good and sufficient repair and at the end or sooner termination of this demise will is Yield up and leave the same to the said George William FAIRFAX his heirs or Assigns. And Moreover the said Garner BARTLETT for himself his heirs Executors Administrators and Assigns doth further covenant promise and agree to and with the said George William FAIRFAX that the said Garner BARTLETT his and [sic] Assigns will leave standing in some convenient part of the above granted premises and in one body at least twenty five acres of woods untouched, which woods shall remain and be held as a further support of the plantation or farm at the expiration or determination of this Lease, and that the said Garner BARTLETT his heirs Executors Administrators or Assigns, shall not use sell or otherwise dispose of or suffer to be used sold or otherwise disposed of any sort of timber or wood from off any part of the hereby demised Land and premises in any manner whatsoever (except for the proper use and benefit of the hereby demised Land and Premises) without the consent of the said George William FAIRFAX his heirs or Assigns first obtained under his or their hand, and that the said Garner BARTLETT his Executors Administrators or Assigns, shall not suffer any Sub Tenant [sic] to dwell on any part of the demised premises nor any waste or spoil to be made of the woods under-woods trees or timber to the said premises belonging and if at any time any timber fit for carpenters or coopers uses or rails should be cut down leaving ground or otherwise the same shall be worked up and not suffered to rot or perish under the penalty of five pounds current money over and above the value of such timber to be paid by the said Garner BARTLETT his heirs Executors Administrators or Assigns to the said George William FAIRFAX his heirs Executors Administrators or Assigns for every such offence, and further the said Garner BARTLETT for himself his heirs Executors ^Admin^ tors Assigns doth covenant promise and agree to and with the said George William FAIRFAX that no assignment transferance of ^other^ conveyance whatsoever of this Lease or of the hereby demised Land and premises or any part thereof shall be made by the said Garner BARTLETT his heirs Executors Administrators or Assigns or any other person or persons whatsoever without the consent of the said George William FAIRFAX his certain Attorney heirs Executors administrators or Assigns first obtained under his or their hand and seal, otherwise such assignment transference or conveyance to be said one of no effect, and further that it shall and may be lawful to and for the said George William FAIRFAX his heirs and Assigns his and their lawful attorney and attorneys his and their Servants and Coatmen and any of them at all times during the continuance of this Demise into all or any part of the hereby demised premises (the dwelling house and other houses therefrom being only excepted) to enter and there to dig search or drain for any Mines of Stone Iron Lead Copper or other Mines and to have free ingress Egress and regress from time to time during this demise for make his and their best benefit of the same and for carrying the same away with carts waggons carriages horses and oxen from time to time to the use and at the pleasure of the said George William FAIRFAX his heirs and Assigns and that the said George William FAIRFAX his heirs Executors, Administrators and Assigns shall and may from time to time have fair use of any part of the Lands hereby demised (except the houses aforementioned) for the laying of any of the mines aforesaid to be got in the demised premises he and they from time to time making full recompence to the said Garner BARTLETT his heirs or assigns for such loss as he or they shall sustain by reason of the digging carrying away or laying the mines aforesaid on any of the demised premises during the term hereby demised. And Moreover that when ever eight of the tenants? shall by a Declaration in writing under their hand adjudge a path or road n__ful to be made through any part of the demised premises it shall and may be lawful to and for the said George William FAIRFAX his heirs or Assigns, his or their Lawful attorney or attorneys to cause such path or road to be made and shared by the persons ?_soring the same without any interruption or molestation from the said Garner BARTLETT his heirs or Assigns. And lastly the said Garner BARTLETT for himself his heirs Executors Administrators and Assigns do further covenant and agree to and with the said George William FAIRFAX his heirs and Assigns that if he or they or either of them shall at any time make a breach or failure of any part of the above covenants, that then it shall and may be Lawful to and for the said George William FAIRFAX his heirs or Assigns to re-enter upon the said land and premises and the same to have again retain and enjoy as if this Deed had never been made and the said George William FAIRFAX for himself his heirs Executors Administrators and Assigns doth covenant and grant to and with the said Garner BARTLETT his heirs and Assigns that it shall and may be lawful to and for the said Garner BARTLETT his heirs Executors Administrators or Assigns and all and any other person and persons who by virtue of this demise shall be legally and justly possessed of the hereby demised land and premises shall and may under the Rents payments penalties reservations restrictions premises conditions and agreements herein before mentioned peaceably and quietly have hold and occupy possess and enjoy the said hereby demised Land and premises with the appurtenances during the before mentioned space and term of three Lives as above without any trouble molestation interruption or denial of him the said George William FAIRFAX his heirs or Assigns or any other person or persons whatsoever Lawfully claiming or to claim by from or under him them or any of them. IN WITNESS whereof the said parties (the said George William FAIRFAX Esquire by George NICHOLAS his Attorney in fact) have hereunto interchangeably set their hands and seals the day month and year first within written---

Ge NICHOLAS {LS}

Sealed and delivered }
in the presence of }
Geo. ROOTES, William BRIADY, Battaile MUSE

At a Court held for Berkeley County the 19th day of June 1787 This Indenture was proved by the oath of Battaile MUSE witness thereto and ordered to be for general? proof, and at a Court held for the said County the 17th day of June 1785 [struck through, replaced with a 7] the same was further proved by the oath of George ROOTES another witness thereto and ordered to be for further proof and at a Court held for said County the 28th day of October 1787....[the following page was not copied]