Submitted by Kathy Turner December 30, 2010
Mecklenburg Co., VA Deed Bk 21, pp. 281-282:
Royster to Lewis: This Deed of Indenture made and entered into this 29th day of November in the year AD 1824 between John Royster senr. and Rachael Royster his wife of the County of Granville State of North Carolina of the one part and John Lewis, Jr. Gent.(?) of the County of Mecklenburg State of Virginia of the second part and William H. Royster Stark Daniel and Edward Royster of the County of Mecklenburg State of Virginia of the third part. Witnesseth that the said John Royster is indebted to the estate of Samuel Hestor dec'd for the purchase of 200 acres of land, the sum of fourteen hundred and forty dollars in two annual payments to wit One bond due 29th May 1825 of seven hundred and twenty dollars bearing date the 29th May 1824 and another bond of the same amount due the 29th May 1826. Bearing date with first bond and the said William H. Royster Stark Daniel & Edward Royster became security for the payment of the same and the said John Royster and wife being desirous that the said William H. Royster Stark Daniel & Edward Royster should be held? harmless in their securityship nor suffer any damage thereby and moreover for and in consideration of the sum of one dollar to them in hand paid by the said John Lewis at and before the ensealing and delivery of this Indenture hath granted bargained sold and delivered and confirmed unto him the said John Lewis, and to his legal representatives forever the following mentioned property, to wit one certain tract or parcel of land situated lying and being in the County of Mecklenburg State of Virginia and adjoining the lands of Archibald Clark the estate of James Buckett and others. It being the said tract of land the said Jno Royster bought of the estate of Samuel Hestor dec'd containing 300 acres be the same more or less one negro man Dudley 2 negro women and 4 children namely Hannah, Phillis, Jimmy, Dick, Nathan and Hannah's sucking babe – no name given – To have and to hold the aforesaid property unto him the said John Lewis his heirs Exors & adminors forever and the said John Royster and wife their heirs Exors & adminors and all claiming under them doth covenant and agree with the said John Lewis that they will forever warrant and defend to him a good and lawful right and title in and to the aforesaid mentioned property against the claim or claims of all and every person or persons whatsoever in Trust. Nevertheless so upon this condition and it is the tone meaning and intention of the parties executing this Indenture that in case the said John Royster and wife shall pay off and satisfy the aforesaid bonds as they become due viz the first the 29th day of May 1825 of $720.00 the second the 29th of May 1826 of $720.00 and also the cost of drawing and wording this Indenture then this Indenture to be void and of no effect but in case the cases or any part of them should remain unpaid on the said 29th day of May 1825 and the 29th day of May 1826 together with the writing and wording [of] this Deed of Indenture, and all other costs and expenses in the execution of this Deed of Indenture that then it is the tone [&] meaning hereof that the said John Lewis who is added to this Deed of Indenture as Trustee may when thereto required by the said William H. Royster Stark Daniel & Edward Royster or either of them after advertising twenty days in the neighbourhood present (?) to come to the highest bidder for ? the aforesaid property or as much thereof as will be sufficient to pay off and satisfy the aforesaid debts or ?? and together with all the contingent charges which may attend the execution of the same and the said John Lewis as Trustee doth bind himself his Exors his adminors to pay off the aforesaid debts and costs aforesaid should the land property (sic) be sold agreeable to the tenor of this Deed of Indenture and it is moreover covenanted and agreed between the parties signing this Indenture that the said John Lewis his Exors or adminors hath full power herein granted by the said John Royster and wife for themselves or in any case of his death, his legal representatives to convey in good and lawful title in need to the aforesaid tract of land and other property against the claim or claims of the said John Royster and wife their heirs and other persons by their or under thereto the person or persons whoever he or they may be, conveying (?) the ? of the said property should it be sold agreeable to the terms of this Indenture or Trust. In testimony whereof the parties have unto set their hands and seals this day and date first written.
signed sealed & acknowledged John Royster (seal)
In the presence of Jno. Lewis Jr. (seal)
W. H. Royster (seal)
Stark Daniel (his mark) (seal)
Edward Royster (his mark) (seal)
Mecklenburg County to wit
We Stephen P. Pool and Launcelotte G. Wade Justices of the Peace in the County aforesaid in the Sate of Virginia do hereby certify that John Royster William H. Royster Stark Daniel & Edward Royster parties to a certain Deed bearing date on the 29th November 1824 and hereto annexed personally appeared before me in our County aforesaid and acknowledged the same to be their act and deed and desired us to certify the said acknowledgement to the Clerk of the County Court of Mecklenburg in order that the said Deed may be recorded. Given under our hands and seals this 29th Nov 1824. Ste P. Pool (seal) J.P.
L. G. Wade (seal) J.P.
Mecklenburg County Clerks Office the 23rd day of March 1825
This Deed of Trust together with the certificate of acknowledgement thereon endorsed was received in the Clerks Office aforesaid in vacation and pursuant to an act of assembly in such cases made and provided is admitted to record, as to all the parties except Jno Lewis Jr.
Teste J. G. Baptist D.C.