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Source & Citation Info

title:“Private Boundary Award Fairfax County”
authors:George Mason
date written:1767-7-15

permanent link
to this version:
https://consource.org/document/private-boundary-award-fairfax-county-1767-7-15/20130122075643/
last updated:Jan. 22, 2013, 7:56 a.m. UTC
retrieved:Jan. 25, 2021, 12:12 a.m. UTC

transcription
citation:
Mason, George. "Private Boundary Award Fairfax County." The Papers of George Mason. Vol. 1. Ed. Bernard Bailyn and James Morton Smith. Chapel Hill: The University of North Carolina Press, 1970. 76-77. Print.
manuscript
source:
File Copy, Edmund Jennings Lee II Papers, Duke University, Durham, N.C.

Private Boundary Award Fairfax County (July 15, 1767)

[15 July 1767]
To ALL CHRISTIAN people to whom this present writing of award shall Come George Mason of Gunston Hall in the parish of Truro & County of Fairfax Sendeth greeting whereas Peter Smith late of Westmorland County Died Seized of Certain Lands Situate lying & being upon bull Run Now in the sd. parish of Truro & County of Fairfax which by his last will & Testament he Devised to several of his Children & whereas Divers disputes & Controversies touching & Concerning the Division of boundaries of the sd. Lands have been heretofore Moved & Depended between Elizabeth Landman the widow & Peter Smith & William Smith the sons & heirs of James Smith Decd. who was one of the sons of & Devisees of the above named Peter Smith the Testator of the one part and James Jinnings son & Devisee of Daniel Jennings Decd. (who purchased from Thomas Smith another of the sons & Devisees of the said Peter Smith the Testator) of the other part for the appeasing Ending & finally Determining whereof the said parties have submitted themselves & are become bound Each to the other by their Several Obligations dated the 11th. day of June 1767. in the sum of one hundred pounds with Conditions thereunder written for the performance of the award arbitrament & Determination of Howson Hooe & John Hooe of the County of Prince Wm. Gent. & in Case they should Disagree in their opinion then for the performance of the award arbitrament & Determination of Colo. George Mason as umpire between them as by the sd. obligations & Conditions doth & may more fully and at large appear & whereas the said Howson Hooe & John Hooe Gent have Disagreed in their Opinion & have Certified the same under their hands the 3d. day of this present Month of July NOW KNOW YE that I the said George Mason having Taken upon myself the Charge & burden of the said award & arbitament & having fully & Deliberately heard & Examined the allegations & Evidence of both the said Parties Concerning the premises Do by these presents arbitrate Determine award & order that a Certain Branch or run running thro' the said Lands from the Back part thereof into bull Run Generally Called the Dividing branch (the same lying & being between the sd. James Jenning's Spring branch & a run Called the Mill branch) is & shall be a boundary & Division between the said Lands now held by the sd. parties under the will of the before mentioned Peter Smith late of Westmorland County Decd. Namely the said Elizabeth Landman Peter Smith & Wm. Smith as Claimers from the sd. James Smith one of the sons & Devisees of the said Peter Smith the Testator & the sd. James Jennings as a Claimer under the purchas[e] from Thomas Smith another of the sons & Devisees of the said Peter Smith the Testator as afsd. the sd. Branch or run having been formerly Marked agreed upon & Settled as a Division & boundary between the Said Lands by the Mutual Consent and agreement of the before Mentioned James Smith & Thomas Smith two of the sons & Devisees of the sd. Peter Smith the Testator before the sd. Thomas Smith sold his part thereof & I do further arbitrate determine award & Order that the said Elizabeth Landman Peter Smith & Wm. Smith their heirs or Assigns on their part shall not hereafter have use occupy or Claim any of the sd. Land Lying & being above or on the upper side of the sd. Dividing branch or run, & that the said James Jinnings his heirs or assigns on his part shall not hereafter have use Occupy or Claim any of the said Land Lying & being below or on the Lower side of the sd. Dividing Branch or run but that the same shall be & Remain a perpetual division & boundary between the sd. parties & their heirs & Assigns for ever. In Witness whereof I have hereunto Set my hand & Affixed my seal This 15 Day of July in the year 1767.
GEORGE MASON

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