What you have is a leasehold estate, [a lease for life], in the form of a “farm let” , which lasts until tenant dies. “Longest liver”, simply means, “to the person who lives the longest”, and is used for people of all ages. The 500 pounds of tobacco is all the “money” the owner will see, and is the real consideration The rent is the fat hen. The lease can remain in effect until the last tenant is deceased.
Even if Samuel was only 14 years old, he could not walk away from responsibilities. Under common law, he was presumed to be as honest as his parents, and could be held as responsible as his parents. However, this leasehold doesn’t have much responsibility attached. After paying the tobacco, they will have the use of the land for life, but not title.
There is not enough evidence to decide if Samuel is a minor or not. He could be 14 years old, and therefore old enough to sign with his parents. He might be a party to the lease because it took all three of them to come up with 500 pounds of tobacco. He could be an older man, with older parents providing for him, by ensuring that he can stay on the land, in the event of their deaths. They obviously intended Samuel be allowed to remain on the land, even though the title to the land remained with George Taylor. If only the father signed the lease, when he died, Samuel would not inherit the lease. He might be able to renew it, but the way this conveyance is worded, assures Samuel is able to continue farming the land.
The yearly rent of a fat hen is a token gesture. Sometimes a peppercorn is mentioned. I’ve never seen a fat hen mentioned before! The real consideration here is the tobacco. This family is not going to get 500 pounds of tobacco in a week – obviously there was some previous arrangement about that. Either they were already farming the land, or someone was giving them the tobacco, which could be the real worth of 57 acres. The Feast of St. Michael’s [Sept 29], the end of harvest, is traditionally usually used for the day rent is due. It might be significant that they did not use this day.
nelhatch <[log in to unmask]> wrote:
...This is the record in question:
Indenture 24 Aug. 1749: Between George Taylor, Gent., of Orange County and
William Bowling of same...in consideration of covenants hereafter mentioned,
hath granted to farm lett...one plantation containing 57 acres, it being the
land formerly belonging to William Donathan on which Francis Hensley lately
lived. To hold during the natural lives of the said William Bowling, Anne,
his wife, and Samuel Bowling, his son, or longest liver...paying on 5 Dec.
500 pounds of Tobacco...also every year, first day of Febraury one fat hen,
capon, or pullet and delivering it at the dwelling house of George Taylor...
George Taylor
Witnesses: Matthew Hubbard, William Isbell Recorded Orange County 28th
November 1751
What say you? Adult? Or minor?
Thanks bunches!
Nel Hatcher
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