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PATRICK'S LIFE

August 9 & 10, 1727

Henry McDonnac, via lease and release, sold 260 acres of his 760 acre parcel (REF: January 7, 1724/25) to Elizabeth Day, Roger Day’s daughter. The release reads: This Indenture made the tenth day of August In the year of our Lord God one thousand Seven hundred & twenty seven Between Henry McDonnac of the Parish of Overwharton in the County of Stafford Tayler of one part And Elizabeth Day only daughter of Roger Day late of said Parish & County Carpenter, deced of other part~ Whereas the said Roger Day in his Lifetime made an entry in the office of the Proprietors of the Nothern neck in Virginia for seven hundred and sixty acres of Land lyeing on the broad run of Occoquan in the County aforesaid but afterwards died before a Pattent was made out of the said Office for the same leaving an only Daughter the sd Elizabeth Day And Whereas the said Henry McDonnac after the decease of the said Roger made application to the Honble Robert Carter Esqr. the said Proprietors attorney here to have the said Land granted to him upon his paying the Composition and other office fees which was accordingly granted to the said Henry by Patent issued out of the said Office bearing date seventeenth day of August In the year of our Lord one thousand Seven hundred & Twenty five upon condition that the said Henry should before the Court to be held for the said County of Stafford in month of August [nth?] should be in the year one thousand Seven hundred & twenty Seven by good and sufficient deeds to be then acknowledged & Recorded make over and Confirm unto the said Elizabeth Daughter of the said Roger two hundred & sixty acres of Land part of the said Seven hundred & Sixty Acres granted as aforesaid Now this Indenture witnesseth that the said Henry for the said Consideration Hath given granted bargained sold aliened remised released [ ? ] & Confirmed & by these Presents doth fully Clearly and absolutely give grant bargain sell alien remise Release [ ? ] & Confirm unto the said Elizabeth Day (in her actual possession now being by Virtue of a Deed of bargain & Sale to her thereof made for one whole year from the day before the Day of the Date of these Presents & by force of the Statute for transferring uses into Possession) & to her heirs and assigns forever. All that tract or Parcel of Land Scituate lyeing and being in the County of Staffd aforesaid & between winters lower second branch on the North side of the lower run of Occoquan Beginning at a large white oak on the East side of the said lower branch being a Corner to the Land of Edward Graham Extending thence N 43d W 74 Pos to a red oak thence North 13d W. 120 Pos to a stooping white oak & a Poplar on the said Second branch thence down to a maple on the Eastside thereof against the mouth of a watry Course on the North side of the said branch marked wth ED thence extending to a white oak on Winters lower branch likenwise marked with the said two Letters ED thence finally up the said branch being the bounds of the grand Patent to the first beginning the same to contain two hundred & sixty Acres neither more nor less. Together with all rights & members thereunto belonging in as full & ample manner as the same is granted to the sd Henry by the aforementioned Patent Except likewise as therein Excepted. To have & to hold the said Land with all & singular the apputances unto her the said Elizabeth Day her heirs Exrs. admrs. and assigns. To the only Proper use & behoof of her the said Elizabeth her heirs Exrs. admrs. & ass. for ever And the sd Henry McDonnac doth hereby for himself his heirs Exrs. admrs. & assigns Covenant & Promise to & with the sd Eliza. Day her heirs Exrs. admrs. & assigns in manner following that is to say that the said Henry McDonnac the aforesaid Land with the appurtances to her the said Elizabeth Day her heirs Exrs. admrs. & assigns against him the said Henry his heirs Exrs. admrs. & assigns & all manner of Person or Persons whatsoever Claiming by from or under him them either or any of them shall & will warrant & for ever defend And that the same is free & clear & fully & clearly acquitted exonerated & discharged from all and all manner of Charges rents or Incumbrances whatsoever The chief Rent due & to become due to the Lord of the Fee from the time of the sale only Excepted And further the said Henry for himself his heirs Exrs. admrs. and assigns doth Covenant & Promise that he or they shall & will from time to time and at all times for ever hereafter at the Request and the Costs & Charges of the said Elizabeth Day her heirs Exrs. admrs. and assigns make do Execute and suffer or cause to be well & truly made done Executed & suffered all and every Act and Acts Deed & Deeds Conveyances and apurances in the Land whatsoever for the further & more Effectual assuring sure makeing & Conveying the above mentioned Land with the appurtunances unto the said Elizabeth Day her heirs Exrs. admrs. or assigns as by her or them either or any of them or by his or their Council learned in the Law shall be reasonably advised devised or required In Witness whereof the sd. Henry McDonnac hath hereunto set his hand and seal the day month & year above written

The lease and release were both signed by Henry McDonnac and were witnessed by Geo Smith and Jno. Mercer. (Stafford County Deed Book J. pp. 456 - 459.)

Comments

Patrick ended up with this 260 acre parcel in the 1739-1740 timeframe, evidently as a result of Elizabeth’s demise, because of his kinship to Roger Day. (REF: See entries September 3, 1739 through April 28, 1740) Obviously, Elizabeth was not yet married at the time of this deed because she was still using her maiden name and because married women were not allowed to be the sole party named in a deed. (Carol McGinnis. Virginia Genealogy Sources & Resources. Baltimore: Genealogical Publishing Co., Inc., 1993. p. 109. AND E. Kay Kirkham. Professional Techniques and Tactics in American Genealogical Research. Logan, UT: The Everton Publishers, Inc., 1973. pp. 53 & 70.)

There is no apparent surviving survey or plat map for this 260 acre tract. There is also a lack of descriptive details within the various deeds concerning this parcel, so reconstruction of a plat map for the Elizabeth Day property is difficult. However, this parcel laid west of Patrick's 1740 118 acre land grant. (REF: April 28, 1740)

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