James L. Henderson and
Deed to Craven Peyton
this indenture made on the 29th day of Novemr. 1801. between James L. Henderson & Elizabeth his Wife on the one part and Craven Peyton on the other part all of the County of albemarle Witnesseth that the said James L. Henderson and Elizabeth his Wife in consideration of the Sum of Five Hundred Dollars to them in hand actually paid have given granted bargained and sold unto the said Craven all the part or property divided or undivided of the lands of the late Bennett Henderson deceased in the County of albermarle which descended on the said James L. Henderson As one of the children and heirs of the said Bennett meaning to include as well the revertion of those now held in dower as those vested in possession, with all these appertenences but excepting a mill which is now erected and standing on a part of the Above mentioned land which with its perquisites is reserved to the said James L. & excepting also his portion in the house & lott. in the Town of Milton now occupied by Henderson & Connard reserved to the said James L.
To have & to hold the said lands and appertenences to him the said Craven and his heirs and the said James L. Henderson & Elizabeth his Wife their heirs & administrators the said lands and appertenences to him the sd. Craven and his heirs will for ever warrant. & defend in witness where of the sd. James L. Henderson & Elizabeth his Wife have hereto set there hands and seals on the day & year above mentioned.
James L. Henderson
MS (ViU); in Craven Peyton’s hand, except signatures; with hand-drawn facsimile seals beside signatures; at foot of text in Peyton’s hand: “signed sealed & delivard in presents of,” followed by signatures of George W. Catlett and John L. Cosby with note that they had “before signed” and signature of Joel Shiflett with added notation “June 1803”; statement on verso in hand of and signed by John Nicholas, clerk of court for Albemarle County, that the indenture was produced in court on 4 Aug. 1802 and proved by Catlett’s and Cosby’s oaths, and in court on 6 June 1803 it was “fully proved” with the addition of Shiflett’s oath, then ordered to be recorded; endorsed by Nicholas; endorsed by Peyton: “Deed James L. Henderson & Elizabeth his Wife to Craven Peyton”; endorsed by TJ: “James L. Henderson to Craven Peyton 1801. Nov. 29. 500 D. excepts mill, & house & lot in Milton occupd by Henderson & Cunnard.” Tr (Albemarle County Deed Book No. 14:253-4); in a clerk’s hand; with hand-drawn facsimile seals beside signatures; followed by signatures of Catlett, Cosby, and Shiflett; produced in Albemarle County Court on 4 Aug. 1802 by the oath of Catlett and Cosby and in court on 6 June 1803 it was “fully proved” with Shiflett’s oath; endorsed by Nicholas.
The Elizabeth Henderson who signed this deed was James L. Henderson’s wife. His mother was Elizabeth Lewis Henderson, and he also had a sister Elizabeth.
This deed follows the form that TJ wrote out for Peyton before the 1 Oct. partition of the estate of Bennett Henderson, but incorporating TJ’s later modification of the language to make the indenture cover property divided or undivided (Form of Deeds for Henderson Purchases, [September? 1801]; TJ to Peyton, 8 Oct.).