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March 2004

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From:
Janet Hunter <[log in to unmask]>
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Date:
Mon, 1 Mar 2004 16:37:46 EST
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In a message dated 3/1/2004 11:17:49 AM Pacific Standard Time,
[log in to unmask] writes:


> Janet and all:  Because of the custom and usage and the fact that NO
> consideration was required to be paid to Bentley for the use of the land, I believe
> he was of age OR had a legal guardian whose name should appear in the
> courts' minutes or orders both before and after this entry.   Why?  Because this
> was not a simple buy/sell or lessor/lessee deal, and it reveals that a bargain
> involving some relationship other than lease.  That relationship was not at
> arm's length.


Paul and Everyone,

Well, by this time you'd think I'd know to also include this...So I repeat my
snippet from the lease (appending the whole at the end), and the reference to
the Court Order Book.

(1735 Lease from Samuel Bentley to John Bentley, who later moved to Halifax
Co.)

Amelia Co., Deed book 1 page 2
Samuel Bentley of the county of Amelia <snip>  lease unto John Bentley of the
above said county one parcel of land lying and being in the county of Amelia
on Pruits Creek. Beginning on Richard Eckholses line <snip> containing about
six acres <snip> the said John doth agree to and with the Said Samuel to pay
him One ear of corn for 2 Year rent in acknowledgment of the said land to be
paid yearly upon demand every Christmas Day <snip> In witness whereof the parties
above I have hereunto set their hands and seals this -Day of July 1735.
James Clark John Forguson Samuel Bentley.

Here is what I believe is in the court order book..It doesn't appear as
though a guardian or third party was involved:
At a court held for Amelia County July 11th 1735 Sam BENTLY came into court
and acknowledged this his deed of lease to John BENTLY and by the court ordered
to be recorded.
Samuel Cobbs C C  (page 483)

Thank you all,
Janet Hunter

Deed book 1 page 2
These presents witnesseth Samuel Bentley of the county of Amelia for the
considerations rents and _ hereafter mentioned to be done and performed (Hath?)
Leased, set and to form let and by these presents lease unto John Bentley of the
above said county one parcel of land lying and being in the county of Amelia
on Pruitt's Creek. Beginning on Richard ECKHOLSES line running up the said
line about two hundred yards after the line crosses the creek upwards then
straight to the nearest of the creek from the place aforesaid. Thence down the creek
to the crossing of the line containing about six acres more or less the said
Samuel doth let the said parcel of land to the said John to have and to hold
during his natural life fully to be complete and ended from the date hereof
with all woods and water and all other appertanances thereunto belonging and the
same to occupy and enjoy to his only benefit and to the said John doth agree
to and with the Said Samuel to pay him One Year of corn for 2 Year rent in
acknowledgment of the said land to be paid yearly upon demand every Christmas Day
and for the more effectual confirmation of all and singular the ___ of the
said parties hereto these presents do binde themselves to each other and their
heirs - in the penal sum of fifty pounds current money of Virginia by the
d------party to these presents to other parties keeping and observing this same. In
witness whereof the parties above I have hereunto set their hands and seals
this -Day of July 1735.
James CLARK John FORGUSON Samuel BENTLEY

At a court held for Amelia County July 11th 1735 Sam BENTLY came into court
and acknowledged this his deed of lease to John BENTLY and by the court ordered
to be recorded.
Samuel Cobbs C C

Page 483:





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