15 June 1796
This Indenture made this fifteenth day of June in the year One Thousend Seven Hundred and ninety Six Between John wager Senior and his wife Mary John wager Junior and margrett wager all of Berkeley County In the Commonwealth of virginia and mary wager of the City of Philadelphia of the One part and George washington president of the united States of the other part witnesseth that the said John wager Senior and his said wife John wager Junior margrett wager and mary wager for and Consideration of the Sum of Seven Thousand and Sixteen Dollars and Two Thirds of a Dollar Lawfull money to them in hand paid before the Ensealing and Delivery of these presents on account of the united States by the Said George washington president of the sd united States The Receipt whereof They the said John wager Senior and his sd wife John wager Junior—margrett wager and mary wager do hereby acknowledge and thereof the said united States do forever Exonerate and acquit and for and in Consideration of the Covenants herein after Reserved on the part of the united States to be kept and performed have granted Bargained Sold aliena’d Release and Confirm and by these presents do grant Bargain and Sell alien Release and Confirm unto the said George washington president of the united States and his Successor[s] for ever the following parcels or Tracts of Land that is to Say an Island in the River Potomack opposite to Harpers ferry Containing Twenty Acres more or Less also all that parcel of Land (Except as is herein after Excepted Situate in the said County of Berkeley Commonly Known by the name of Harpers ferry Tract which was devised by the last will of Robert Harper bearing date on or about the Twenty Sixth day of September one Thousand Seven Hundred and Eighty two unto his Niece Sarah Harper and is Bounded by the River potomack on the out side by the River Shannadoe on another side and by the line deviding it from the Tract or parcel of Land devised by the said Robert Harper unto Robert Griffith on the other side) Excepting Six acres part thereof whereupon the Buildings occupied by the said John wager senior now stands to be laid off in one parcell and Bounded by the Road leading up the Shannodoe River on the one side by the west side of the garden fence belonging to the Dwelling House of the said John wager Senior and a Line Extending from thence northerly to Include a Stable on the north side of said Dwelling House on another side Thence Easterly till within one Hundred and fifty feet from the Bank of the River potomack then Southerly till it Strikes the Road aforesaid Leading from the ferry up the shannadoah (Excepting also a piece of land for the ferry Landing one Hundred and Ten feet from the Bank of the River potomack from the Bank of that River potowmack near the north end of a Stone House down to the point where the waters of the Potomack and Shannadoah rivers Join, the aforesaid piece of Land being Intended by the parties to Lay along the Bank of the River potomack & to be in all parts one Hundred & Ten feet wide from the said Bank and to Begin on the said Bank near the said stone house and to Extend & with the said River down to the point of Junction with the Shannadoah Together with all Houses Except as before Excepted ways and waters Except as is herein after provided and Covenanted woods Commodoties advantages and heriditaments to the hereby granted premises belonging or in any manner appertaining (Except as herein before hath been or herein after Shall be Excepted or otherwise provided and the Reversion and Reversions Remainder and Remainders Rents Issues and profits thereof and all the Right Title Interest and Claim in Law or Equity of them the said John wager Senior and his said wife John wager Junior margrett wager and mary wager and each of them of in and to Concerning the premises herein granted Subject to the Covenants Exceptions and provision herein Contained and Expressed To have and to hold the said parcel of Land and appurtunancies except as herein Excepted reserved and Covenanted unto him the said George washington president of the united States and his successor[s] for ever to and for the use and behoof of the said united States forever and to and for no other use or behoof whatsoever and free and Clear of all and every Charge and Incumbrance whatsoever Except as herein Contained and Expressed and the said George washington president of the united States for himself and his Successors doth Covenant and agree for and on Behoof of the said united States with the said John wager Senior and his said wife John wager Junior Margrett wager and Mary wager and their heirs Executors administrators and assigns that the several owner or owners possessor or possessors Occupier or Occupiers of the land and premises herein and hereby Excepted and not Conveyed and their heirs and assigns Shall have the Right and priveledge of keeping the publick Ferry or Ferrys from the said Landing at the Junction of the said Rivers accross each To the opposite Shore and of Landing at any time when the Currant of either River Shall make it neccessary the boat or boats Employed in the said ferriage or any part of the hereby granted premises and so long as the united States are furnished and Accommodated with addequate means of Transporting accross each River to and from the said ferry Landing whatsoever Shall be Requisited for publick use or purpose it shall not be Lawfull for the said united States at their own Expense to Transport any person or thing from the said ferry Landing accross Either River or from the opposite side of either River to the said ferry Landing but whenever and so often as the united States Shall not be furnished with same and Immediate Transportation of any person or persons thing or things to the end that unreasonable Delay or Interruption may not be Suffered in their affairs it Shall be Lawfull for the united States aforesaid at their own expense to Transport at to and from the said ferry Landing any person or persons thing or things or publick account which for the General good Shall be Expedient and the said John wager Senior for himself and his heirs Executors and administrators doth declare Covenant and agree to and with the said George washington president of the united States and his Successors forever that he the said John wager Senior In pursuance of the Intent of the last will of Robert Harper hath Ellected and appointed his Son the said John wager Junior to take and to have and hold the said parcel of Land devised by the last will aforesaid unto the said Sarah Harper his late wife who has Departed this life without making any Devise or appointment thereof and that he the said John wager Senior will not make any other appointment or any Request whatsoever thereof and it is mutually agreed between the said John wager Senior and his said wife John wager Junior Margrett wager and Mary wager and their Respective heirs on the One part and the said George washington president of the united States and his Successors on the other part that it Shall be Lawfull for Tobias Lear his Executors administrators and assigns To have hold and Enjoy all that part of the hereby granted premises for and during the Term of his Contract that is to Say for the space of Seven years Commencing from the day of December last, any thing herein to the Contrary notwithsatnding but Subject to such future agreement as the said Tobias Lear his Executors or administrators Shall make with the united States and the said John wager Senior and his said wife John wager Junior Margrett wager and mary wager Severally and for their Several heirs Executors and administrators the hereby granted premises and their appurtunancies Subject to the Exceptions and Covenants and provisions aforesaid unto him the said George washington president of the united States and his Successors for the use of the united States as aforesaid against the said John wager Senior and his said wife John wager Junior margrett wager and mary wager & their heirs Jointly and Severally and against the Claim of all and every person and persons whatsoever will warrant and Shall forever Defend by these presents, In witness whereof the parties have hereunto Set their hands & Seals the Day and year first above written.
|Signed Sealed & Delivered in the presence of||}||John Wager (LS)|
|Arthur Shaaff & George Scott & Margrett wager||}||John wager Junr (LS)|
|Robert Whittett as to John wager Mary wager||}||Margrett wager (LS)|
|John wager Junr & margrett wager and by the said mary wager in
the presence of us
|}||Mary wager “LS|
|Fredk Beales: Phil. T. Dunn||}|
memorandum of the Courses of the Six acres reserved to John wager and mentioned in the foregoing Deed viz. Beginning at a Stake Standing the west side the ferry Road one Hundred and fifty feet from the Bank of the River potomack and Running thence S 50 W 26 1/2 poles to a Stake on the Edge of a hill near the Shannadoah Bottom and on the side of a Slate Rock between a Mulberry and Hop wood tree both marked with three Chops on one side Thence N 48 W 40 poles to a Chesnut tree on the side of a hill marked as a Corner then No 50 E 22 poles to a Stake at the side of a Broad Rock then So 53 E 40 poles to the aforesaid Beginning Containing and now Laid down for Six acres of land Surveyed at the Request of Mr Tobias Leir as being the Six acres Reserved by Mr John wager and others in the Sale of their Lands given under my hand may 17th 1796/ Signed
a true Copy witness John Davenport
John wager John wager Junior.
Memorandum that on the Fifteenth day of June, One Thousand Seven Hundred and ninety six we Received from George washington President of the united States on their Account by the hands of Tobias Lear the Sums of Six Thousand Six hundred and Sixty Six Dollars and Two Thirds of a Dollar also Three hundred & fifty Dollars making the full Consideration within mentioned Viz. Seven Thousand and Sixteen Dollars and two thirds of a Dollar In witness whereof we have hereunto Set our hands and Seals the day and year last mentioned
|Attested by||}||John Wager (LS)|
|Arthur Shaaff & Geo. Scott Junr||}||John wager Jun. (LS)|
|Robert Whittett as to John wager||}||Margrett wager (LS)|
|John wager Junr & margrett wager||}||Mary wager (LS)|
|and to the signing of the said
mary wager by us Fredk Beales
|}||Go. Washington (LS)|
|Phil. T. Dunn witnesses at the Signature of Geo. washington||}|
|Thomas Peter, Geo. W. Craik||}|
whereas Certain Causes have prevented the Recording of this Annexed Deed Conveyed Certain Land from John wager & John wager Jr to the United States now thereof be it known that we the Subscribers a party to the aforesaid Deed do Consent Covenant and agree to and with the united States that the aforesaid non Recording of said Deed was and Shall not in any way Invalidate the same and we do by these presents acknowledge said Deed to be Just true and firm and that the date thereof Shall be on the first day of February one Thousand Seven Hundred & ninety Seven Instead of the 15th day of June one Thousand Seven hundred & ninety Six and that the recording thereof take place from and after the said first day of February any thing in the Deed aforesaid to the Contrary notwithstanding given under our hands & seals at Harper ferry in the County of Berkeley Commonwealth of Virginia this first day of February one Thousand Seven Hundred & ninety Seven
|Sealed Signed & Delivered
in presence of
|}||John wager (LS)|
|Robt whittett Thos wilson||}||John wager (LS)|
City of Philadelphia Sd Before me matthew Clarkson Esqr. mayor of the City of Philadelphia came mary wager one of the Grantors in the within written Indenture named and in due form of Law acknowledged the same to be her Act and Deed and Desired it might be Recorded as Such She being nineteen years & Ten months of age In Testimony whereof I the said mayor have hereunto Set my hand and caused the Seal of the mayoralty of the said City to be hereunto affixed the Twenty third day of June in the year of our Lord one Thousand Seven Hundred and ninety Six
at a Court held for Berkeley County the 24th day of July 1797 This Indenture was acknowledged by John wager John wager Junr two of the parties thereto which together with the duly Authenticated Certificate as to the Execution of mary wager the other party and the other endorsements thereon appearing is ordered to be recorded.
By the Court
Mo. Hunter C.B.C.
DNA: RG 156--Records of the Office of the Chief of Ordnance..