Thomas Jefferson Papers

From Thomas Jefferson to Andrew Stevenson, 15 September 1819

This Indenture made this fifteenth day of September, one thousand, eight hundred, and nineteen; Between Thomas Jefferson, of the County of Albemarle, of the first part; Andrew Stevenson and Bernard Peyton of the City of Richmond of the second part and the President Directors and company of the Bank of the United States of the third part: Whereas the sd Thomas Jefferson, & Wilson Cary Nicholas and Thomas Jefferson Randolph, have this day executed a joint and several Bond, payable to the President Directors and Company of the Bank of the United States, is the penalty of forty thousand dollars; conditioned for the payment of twenty thousand dollars, whensoever demanded, with the interest thereon semiannually as it shall become due, till the said sum, shall be wholly paid; and which Bond has been given, in consideration of a debt due from the said Nicholas to the sd Bank, for which the sd Thomas Jefferson has bound as his endorser, and in which the said Thos J Randolph, hath united as security; and the said Thomas Jefferson being willing to give the sd President, Directors & Company of the sd Bank, additional security for the debt as also to indemnify the sd Tho: J Randolph against any loss by the payment of the said sum of twenty thousand dollars or any part of it hath executed this trust deed: & now this Indenture witnesseth that the sd Thomas Jefferson for and in consideration of the promises & the obligations before expressed; & also for one dollar to him in hand paid by the said And. Stevenson, and Bernard Peyton hath granted, bargained, and sold, aliened, enfeossed, and confirmed unto the said And. Stevenson, and Bernard Peyton thier heirs and assignees forever, & the assignees of them the heirs & assigns of such forever, a certain parcel of Land in the County of Bedford on Bear and north Tomahawk creek layd as follows briefly; Beginning where the main branch of Tomahawk creek crosses the Poplar forest line thence along that line N 11 W 146 poles N 35½ W 63 po N 226 W 72 po. to where the tract bought by Daniel Robertson corners, thence along and around the lines of that back tract: N 60 E 78 po. N 35½ E 178 po N 68 W 193 po S 19. W 137 po. to the same Poplar forest line, thence along that line N. 22½ W 26 po thence 2 80. W. 71 po to Bear creek & across the same to the trace of a new road & along this trace & the sd new road running parallel with & up the creek & nearly along side of it (being & according to the line of Bedford) to his corner at the double branch of the sd creek on the mountain road thence in a direct line thro the north fork road leading from New London to Lynchburg where the road to the Poplar forest house forks off near the barn, & along the sd road towards the house to where it crosses the main or north branch of Tomahawk creek, & down the sd creek to the beginning, containing by estimation nine hundred & fifty six acres, whereof 742 are parcel of the Poplar Forest patent & 214 acres adjoining the same were patented by & purchased from Daniel Robertson. To Have & To Hold the sd. parcel of land with the improvements & appurtenances to the said And: Stevenson & Bernard Peyton their heirs & assigns forever—in trust however for the following uses & purposes, and none other; towit: to secure to the sd Prisident Directors and Company of the Bank of the United States, the payment of the sum of twenty thousand dollars, due from the aforesaid Wils: Cary Nicholas, & sd Bank, & for which the Bond aforementioned was executed with the lawful interest thereon semiannually, when the same may be demanded by the said Bank or their officers. If therefore the sd W. C. Nicholas, Thos Jefferson, & Thomas Jefferson Randolph, their heirs, exers or administrators, shall fail to pay to the said President Directors and Co of the sd Bank, the sd sum of twenty thousand Dollars with the interest which may have accrued thereon, according to the conditions of the aforesaid Bond, and when the same shall be demanded & required by sd Bank; that then, for that case, it shall be lawful for the sd Stevenson & Peyton, or either of them, or the survivor of them or the heirs, exrs or admrs: of such survivor, (having first advertised the time & place of sale for two months in some newspaper published in Richmond and Lynchburg in Virginia) to sell the aforesaid Land and appurtenances for ready money to the highest bidder, & out of the proceeds thereof pay to the sd aforesaid debt interest & all charges of sale & the surplus (if any) return to the said Thomas Jefferson or his legal representative. And it is expressly understood by all the parties hereto that the object of this deed is in the first place to secure the aforesaid debt to the Bank; & next to countersecure the sd Thomas Jefferson Randolph against any & all loss which he may sustain by the payment of the sd sum of $20,000 or any part of it which shall have been made by him—And the sd Thos Jefferson, for himself his heirs &c covenant to warrant & defend the title to the said land agst all persons whatsoever—In Witness whereof the the sd Thos Jefferson And: Stevenson & Bernard Peyton have hereunto set their hands & seals the day and year first in this deed written.—

Th: Jefferson

Andw Stevenson

Bernard Peyton {LS}

Signed sealed and delivered In presence of

Francis Eppes

H. B. Trist

John W Baker

Privately owned.

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