Dear Scott,
As a retired (recovering) lawyer who now, like you, must wade through
some of these documents, I may be able to add something.
To answer your second question first. "land and plantation" may well
be intended to refer to an agricultural operation (with its
associated buildings, etc.); as opposed to just "land" which, when it
appears without words like "buildings," "improvements,"
"appurtenances," etc., may refer to just unimproved acreage. Be
careful though, don't forget the issue brought up by your first
question. If "land and plantation" is a form of boilerplate used in
every case, the property referred to may or may not carry structures
As for your first question, while you are likely right that "houses,
edifices and appurtenances" was boilerplate, it was effective
boilerplate. Lawyers like to be on the safe side. If there are no
buildings, the words do no harm; but if there are buildings, they
will be covered by the words. Which leads to a problem with your
thought that such boilerplate may be disregarded in favor of more
personal references to "home place" etc. A lawyer who knows there
are buildings on the property may well choose to use the
"comfortable" boilerplate, rather than create a more personal
alternative. Since the words do cover buildings, there is no need to
use another formulation to cover them. Your analysis is insightful,
but but I don't think you can safely eliminate properties with such
references in their deeds from your sleuthing after old sites.
I've recently been working with the LVA's Chancery Records for
Lancaster County. While chancery courts were traditionally less
formal than law courts, I'm struck by the fact that many of the
pleadings were clearly written by the merchants involved (and
contained a good deal of boilerplate). The same self-construction
may have been going on with land documents (which frequently had to
be filed with the court, but any knowledgeable farmer/merchant would
have known how to do that) If anything, I think such lay draftsmen
would have been even more inclined than lawyers to stick with and
perhaps overuse boilerplate.
Jack Fallin
Walnut Creek, CA
On Jan 3, 2008, at 9:00 PM, VA-ROOTS automatic digest system wrote:
> There are 4 messages totalling 301 lines in this issue.
>
> Topics of the day:
>
> 1. 18th Century Virginia Deeds- "Plantations" "Houses" "Edifices"
> and
> "Appurtenances" (3)
> 2. What's New in RELIC (January 2008)
>
> To subscribe, change options, or unsubscribe, please see the
> instructions at
> http://listlva.lib.va.us/archives/va-roots.html
>
> ----------------------------------------------------------------------
>
> Date: Thu, 3 Jan 2008 09:55:43 -0500
> From: "W. Scott Smith" <[log in to unmask]>
> Subject: 18th Century Virginia Deeds- "Plantations" "Houses"
> "Edifices" and "Appurtenances"
>
> (Please accept my apologies if you receive more than one copy of this
> email...I am attempting to canvass individuals from several
> disciplines)
>
> List members,
>
> Like many of you, I have, over the years, come across any number of
> mentions
> of houses and buildings on property in deeds ranging from the 17th
> century
> up to today. Generally speaking, my impression has been that the older
> deeds, particularly pre-1800, do not generally speak about specific
> houses
> that are on the property. Statements such as the one below are
> boilerplate,
> coverall, statements that are intended to convey everything on the
> tract of
> land, but do not necessarily guarantee the presence of any of these
> objects
> which would otherwise be tantalizing tidbits for researchers and
> architectural historians:
>
> 1743, Albemarle County- "To have and to hold the said four hundred
> acres of
> Land and premises be there more or less within the aforesaid bounds
> with the
> appurtenances [thereon] with all houses buildings edifices orchards
> gardens
> woods waters watercourses profits commodities emoluments and
> advantages
> whatsoever"
>
> However, when a deed makes reference to "the land on which I now
> live", "the
> home tract" or some similar statement, I take this as proof that a
> house of
> some sort stood on the property.
>
> I wanted to touch base with you to see if this is also how you
> interpret
> this language when you read it, as I have a very good and active
> client who
> is in disagreement with me about the meaning and intent of the
> "edifices,
> orchards, gardens, houses" language. If my interpretation of this
> language
> is generally correct, then we can focus our research energies in other
> areas. If my interpretation is deemed incorrect, then we have a
> different
> research track to take.
>
> Finally, I often run across situations where a grantor will make a
> distinction between his "land" and his "land and plantation." I am
> leaning
> towards interpreting the presence of the word "plantation" to mean
> that
> there is a farming operation occurring on the tract, and that there
> may be
> an overseers cabin and other buildings (but perhaps not a fine
> house). Does
> anyone have any thoughts on this?
>
> Thank you for your time.
>
>
>
> --
>
> W. Scott Smith, Managing Partner
> The Antiquaries, LC
> Historical Research & Consulting
> P.O. Box 75, Lynchburg, VA 24505
> Home Office 434-528-3995
> Mobile 434-401-3995
> www.theantiquaries.com
>
> To subscribe, change options, or unsubscribe, please see the
> instructions at
> http://listlva.lib.va.us/archives/va-roots.html
>
> ------------------------------
>
> Date: Thu, 3 Jan 2008 15:48:26 -0500
> From: "Wilson, Donald L" <[log in to unmask]>
> Subject: What's New in RELIC (January 2008)
>
> WHAT'S NEW IN RELIC
>
> January 2008
>
> =20
>
> The Ruth E. Lloyd Information Center for Genealogy and Local History
> (RELIC), Prince William Public Library System, Bull Run Regional
> Library, 8051 Ashton Avenue, Manassas, VA 20109. 703-792-4540 Email:
> [log in to unmask] <mailto:[log in to unmask]> .
>
> =20
>
> To read the latest lists of new materials available in RELIC click on
> http://www.pwcgov.org/library/relic/new_acquisitions.htm
> <http://www.pwcgov.org/library/relic/new_acquisitions.htm> =20
>
> =20
>
> RELIC PROGRAMS
>
> =20
>
> Here are our latest offerings. Funding for RELIC programs is provided
> by the Friends of Central and Bull Run Libraries. Sign language
> interpretation is available for Prince William Public Library programs
> if requested at least three weeks in advance. To be notified of
> upcoming programs and new resources in RELIC, visit
> http://www.pwcgov.org/library/relic/whats_new_in_relic.htm
> <http://www.pwcgov.org/library/relic/whats_new_in_relic.htm> and
> click
> on Subscribe to What's New in RELIC. All programs will take place at
> the community room at Bull Run Regional Library, 8051 Ashton Avenue,
> Manassas, VA.
>
> =20
>
> January 10 and 22 - Your Ancestor's Timeline
>
> January 25 - Genealogy 101
>
> February 7 and 26 - African Virginians: Sources before the Civil War
>
> Feburary 22 - DNA and Surname Ancestry
>
> Genealogy Doctor - Jan. 17, Feb. 21.
>
> =20
>
> (See below for details.)
>
> =20
>
> =20
>
> =20
>
> =20
>
> Thursday, January 10, 11 a.m.
>
> repeated Tuesday, January 22, 7 p.m.
>
> YOUR ANCESTOR'S TIMELINE:
>
> A KEY TO GENEALOGICAL SUCCESS
>
> Presented by Don Wilson
>
> =20
>
> Genealogists may get overwhelmed by the number of documents they find
> that seem to relate to the same family. Different documents may offer
> contradictory or confusing stories. How to make sense of it all? How
> do you know which documents belong to your ancestor? How do you
> determine what documents are needed to prove your case? How do you
> know
> you have covered all the bases? Could the evidence you seek
> already be
> in your file?
>
> RELIC's Virginiana librarian, Don Wilson, will show how a
> simple timeline technique can be one of the most effective tools for
> solving your family history puzzles. The hour-long program will be
> presented twice at the Bull Run Regional Library in Manassas: on
> Thursday, January 10, at 11 a.m., and on Tuesday, January 22, at 7
> p.m.
>
> To register for this free event, contact RELIC at (703) 792-4540 or at
> [log in to unmask]
>
> =20
>
> =20
>
> Friday, January 25, at 11 a.m.
>
> GENEALOGY 101: BEGINNING YOUR FAMILY HISTORY
>
> Presented by Beverly Veness
>
> Beverly Veness of the RELIC staff will explain the basics of
> genealogy,
> including methods, strategies and resources. The program includes an
> overview of how RELIC can help you with your research. It will be
> presented Friday, January 25, from 11 a.m. to noon at Bull Run
> Regional
> Library.
>
> To register for this free event, contact RELIC at (703) 792-4540 or at
> [log in to unmask]
>
> Thursday, February 7, at 11 a.m.
>
> repeated Tuesday, February 26, at 7 p.m.
>
> AFRICAN-VIRGINIANS: =20
>
> SOURCES FOR HISTORY AND GENEALOGY BEFORE THE CIVIL WAR
>
> Presented by Don Wilson
>
> =20
>
> Whether slave or free, people of color are more poorly
> documented than whites in the early history of our country.
> Researching
> the lives of African-Americans in Virginia before 1865 involves many
> sources not required for those tracing European ancestors. =20
>
> RELIC's Don Wilson will describe many of the special materials
> available, and their use for family history research. These
> little-known documents may also be helpful to those researching
> non-African families. This talk will be presented on Thursday,
> February 7 at 11 a.m. and repeated Tuesday, February 26, at 7 p.m. at
> Bull Run Library.
>
> To register for this free event, contact RELIC at (703) 792-4540 or at
> [log in to unmask]
>
> v=20
>
> Friday, February 22, 10:30 a.m. - noon.
>
> USE OF DNA IN THE SEARCH FOR SURNAME ANCESTRY
>
> By J. J. "Jim" Logan
>
> Genetic material has become another important tool in the
> genealogist's arsenal. J. J. "Jim" Logan, group administrator of the
> Logan DNA Project, will describe how Y-chromosome data can be used to
> identify distant cousins with the same last name. Through a case
> study
> he will show how the data can be obtained, organized and
> interpreted to
> link persons with common ancestry, even though the common ancestor may
> be unknown.
>
> The program will be presented on Friday, February 22, from 10:30
> a.m. to
> noon, at Bull Run Regional Library. To register for this free event,
> contact RELIC at (703) 792-4540 or at [log in to unmask]
>
> THE GENEALOGY DOCTOR IS IN
>
> =20
>
> For tips on starting your own research or to help solve a genealogical
> or historical problem that has stumped you, schedule a private,
> 30-minute visit with RELIC's Don Wilson. =20
>
> =20
>
> Upcoming schedule (Bull Run Library):
>
> January 17, February 21
>
> Choice of times: 10:00, 10:45, 11:30 a.m.
>
> Call RELIC at 703-792-4540 for a free appointment. If the scheduled
> dates are not convenient for you, you may request an alternate day and
> time.
>
> =20
>
> Have a question about Prince William County history, places or
> families?
> Need guidance with your genealogical research?
>
> You may contact RELIC staff for help and advice at Ask RELIC
> <http://www.pwcgov.org/default.aspx?topic=3D040034001840001757> or by
> calling us at 703-792-4540.=20
>
>
> To subscribe, change options, or unsubscribe, please see the
> instructions at
> http://listlva.lib.va.us/archives/va-roots.html
>
> ------------------------------
>
> Date: Thu, 3 Jan 2008 12:53:31 -0800
> From: Clay Gullatt <[log in to unmask]>
> Subject: Re: 18th Century Virginia Deeds- "Plantations" "Houses"
> "Edifices" and "Appurtenances"
>
> What do the tax lists say for those same properties? They taxed
> everything so should say what they were taxing.
>
> Rachael Gullatt (a wodow) 1780s Fairfax Co. lists a house and one
> other building. Her husband John Gullatt was a blacksmith so I have
> always assumed the other building was a smithy.
>
> Clay
>
> To subscribe, change options, or unsubscribe, please see the
> instructions at
> http://listlva.lib.va.us/archives/va-roots.html
>
>
> ------------------------------
>
> Date: Thu, 3 Jan 2008 16:44:57 -0800
> From: Clay Gullatt <[log in to unmask]>
> Subject: Re: 18th Century Virginia Deeds- "Plantations" "Houses"
> "Edifices" and "Appurtenances"
>
> Google Binns Genealogy which has a list of various VA counties
> having 18th century tax lists/tithables,personal property tax
> lists, etc. From time to time they have posted these lists as
> reconstructed census on varoots.
>
> I would think wills, inventories, settlements of estates if you can
> find them would be more detailed as what was on the various tracts.
>
> One of the genealogy publishing companies has (don't remember
> which) has small booklets of the county tax lists for sale. I
> believe those lists are also at LVA.
>
> Clay
>
> To subscribe, change options, or unsubscribe, please see the
> instructions at
> http://listlva.lib.va.us/archives/va-roots.html
>
>
> ------------------------------
>
> End of VA-ROOTS Digest - 1 Jan 2008 to 3 Jan 2008 (#2008-2)
> ***********************************************************
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