Lease - Richard Henry Lee to Humphrey Arnold

April 9, 1764

Source: Fauquier County, Virginia, Deed Book 2, p. 128-9

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This indenture, made the ninth day of April in the year of our Lord one thousand seven hundred and sixty four and in the fourth year of the reign of our Sovereign Lord George the Third, King of Great Britain &c., between Colonel Richard Henry Lee of the County of Westmoreland of the one part and Humphrey Arnold of the County of Fauquier of the other part.

Witnesseth that the said Richard Henry Lee for and in consideration of the yearly rents and covenants hereinafter reserved, mentioned & contained on the part of the said Humphrey Arnold and Anne his wife and Samuel his son to be paid, done and performed hath demised, leased and to farm letten and by these presents doth demise, lease and to farm let unto the said Humphrey Arnold during his natural life and the lives of the said Anne & Samuel Arnold one hundred acres of land belonging to the said Lee in the aforesaid County of Fauquier and beginning at two hickorys, the beginning of William Barton's tenement, thence continuing with the said Lee's main line north two degrees east 172 poles to white oak a corner of the main tract of Lee, thence west 64 poles to a white oak near Turkey Run thence south 29 d. west 163 poles to the line of the said Barton's lott in an old field, thence south ____ east 142 poles to the beginning.

To have and to hold the said land and all other the premises hereby let and demised for and during the natural life of the said Humphrey Arnold and the lives of Anne & Samuel Arnold before mentioned and the said Humphrey Arnold nor the said Anne or Samuel Arnold shall not make waste of any lumber but what shall be necessary to build or repair houses or for other necessary plantations uses on the hereby demised premises.

He the said Humphrey Arnold and Anne and Samuel Arnold after him yielding and paying yearly & every year during their natural lives and on the first day of October in each year five pounds current money of Virginia and pay the quit rents and land tax lawfully demandable for the same and plant & keep under a sufficient fence one hundred good apples trees and build a dwelling house sixteen feet square & a tobacco house twenty four feet long by twenty feet wide & work no more than three tithables & an overseer and keep the said tenement in good & sufficient repair and the said Humphrey Arnold doth hereby promise, covenant and agree to and with the said Richard Henry Lee that the said Humphrey Arnold and Anne & Samuel Arnold after him shall and will well and truly pay or cause to be paid unto the said Richard Henry Lee, his heirs or assigns the yearly rent of five pounds current money of Virginia hereby reserved annually at the time above limited, and the said Humphrey Arnold doth further covenant and agree that in case the said annual rent or any part thereof shall be behind or unpaid by the space of one callender moth after the same shall become due, that then it shall and may be lawfull for the said Richard Henry Lee, his heirs or assigns or certain attorney into the above granted premises to reenter and hold the same so as if this lease had never been made.

But if the said Humphrey Arnold and Anne and Samuel Arnold shall well and truly pay or cause to be paid the rents above mentioned and also truly perform the other covenants in this indenture stipulated on their parts, then he and they shall and lawfully may have, hold, use, occupy and enjoy the before demised premises and every part thereof with the appurtenances during he and their natural lives without any ____ trouble or molestation of him the said Richard Henry Lee, his heirs or assigns or any other person or persons whatsoever lawfully claiming or be claim by, from or under him or them.

In witness whereof the parties to these presents have hereunto set their hands and seal the day and year above written.

Richard Henry Lee

Signed, sealed & delivered in presence of

Before signing, sealing and delivering, these words were interlined on the fifth line of the second page "and pay the quit rents and land tax lawfully demandable for the same and plant and keep under a sufficient fence one hundred apple trees and build a dwelling house sixteen feet square and a tobacco house twenty four feet long by twenty feet wide and work no more than three tithables & an overseer."

James Craig
____ Bullett
John Ariss
Jos. Blackwell

At a court held for Fauquier County the 24th day of May 1764

This indenture was proved by the oath of James Craig, Joseph Blackwell and John Ariss, witnesses thereto to be the act and deed of the said Richard Henry Lee and ordered to be recorded.

Teste, H. Brooke