Archive of manuscript surveys and indentures relative to land transactions in Jefferson and Berkeley Counties, Virginia, 1786 to 1842.

Berkeley & Jefferson Counties, Virginia (now West Virginia): not published, 1786 - 1842. Group of ten folio manuscript documents and one partially printed document completed in manuscript involving the real estate transactions of Charles & John Yates in the upper Shenandoah Valley. Approximately 29 pp. in total, all docketed.

Each exhibits expected wear including original folds with associated splits and separations (one document with a small area of archival tissue repair), creasing, tears, small losses (occasionally briefly affecting text), soiling, toning and foxing.

Charles Yates (1728 - 1809) emigrated from England in 1748, first to New York and then, in 1752, to Fredericksburg, Virginia. A prosperous merchant and importer, he was also deeply involved in real estate speculation in Berkeley and Jefferson Counties (now West Virginia). Advancing in years, unmarried and childless, he solicited his brother, John Orfeur Yates of Liverpool, to send one of his sons as heir apparent. Young John Yates (1779 - 1851), then 13 years old, arrived in 1792. Educated at the College of New Jersey and William and Mary, John, with wife Julia, took up residence about 1807 at Walnut Grove, his uncle's hunting lodge on some 912 acres near Charlestown in Berkeley County. Yates remained in the vicinity until his death. Quoting from Memorials of a Family in England and Virginia (AE Terrill, 1887, page 337),
"As a citizen in his adopted country, Mr Yates was active and liberal, using his means and his influence in the encouragement of public improvements; more especially the making a better roads, the starting of manufactories, and establishing the system of free schools."

Most, if not all, of the documents revolve around 2071 acres of land originally granted in 1751 by Thomas Lord Fairfax to Thomas Rutherford. Encompassing what became known as the Flowing Springs tract, the collection sheds light on a complicated history beginning with the acquisition in 1786 of 755 acres by Charles Yates via William Orr (a proxy ?) from Robert Rutherford who apparently defaulted on a loan. Particularly interesting is a survey with large plat map accomplished in December, 1812 involving a division of the lands of John Peyton (1729 - 1804), Peyton, a son in law of Robert Rutherford, apparently acquired the land in 1795.

Additionally, the documents contain the signatures of several significant participants in the French and Indian War, the American Revolution, or the War of 1812 including Thomas Rutherford, Philip Pendleton, Moses Hunter, James Singleton, Henry St George Tucker, and George Hite.

Includes:

Berkeley County, December 1, 1786, Indenture, 4 pp, Charles Yates & William Orr in which Yates conveys 755 acres to Orr, part of a tract of 2071 acres which was the subject of a decree issued at County Court of Frederick, "May sessions last," regarding default of Robert Rutherford. Orr purchased the the land at auction for "three thousand two hundred & sixty five pounds." Signed by Charles Yates, Thomas Rutherford (brother of Robert Rutherford), Philip Pendleton, Moses Hunter, and William Simpson.

Berkeley County, December 2, 1786, Indenture, 3 pp, Charles Yates & William Orr, in which Yates buys back the 755 acres purchased the day before at auction by Orr "which said tract of land is part of the 2071 acres late the property of a certain Robert Rutherford and which was sold by him the said Charles Yates on the fourth day of August last part to the said William Orr by virtue of a decree of the County Court of Frederick in Chancery on a certain matter of controversy then and there depending between the said Charles Yates complainant and the said Robert Rutherford defendant and which now conveyed by him the said Charles Yates onto the said William Orr by deed …" Signed by Orr, Philip Pendleton, Thomas Rutherford, Thomas Simpson, and William Sovell.

Jefferson County, February 12, 1811, Agreement, 3 pp, between John Yates and Jesse (?) Stall in which "the true course of a dividing line between the lands of the subscribers" is established Signed by Yates , Stall, and George Hite.

Jefferson County, December 17, 1812, Survey, with large plat map, 3pp, Folio (32" x 26"), two sheets joined "The above plat represents a survey and division of the lands of John Peyton commonly known by the name of Flowing Spring tract executed pursuant to a decree of the Chancery District Court holden at Staunton, the whole containing one thousand five hundred & thirty-five acres …"
Adjacent to the plat is a list of 8 beneficiaries to the division, all Peytons. Signed by surveyor William Castleman, John Yates, James Singleton, Joseph W Davis, and Rich Baylor.

Jefferson County, 1813, Survey with plat map, 2 pp, "At the request of John Yates Esq, a tract of land in Jefferson County …" The docket describes this as the "Washington tract" Signed by surveyor William M. McPherson. McPherson was the first surveyor of Jefferson County after the split from Berkeley

[Jefferson County], December 11, 1813, Survey with plat map, 2pp, reflecting the sale of 130 acres to Adam Gather by John Yates Signed by surveyor Mark Hornsey.

[Jefferson County], December 11, 1813, Survey with plat map, 2pp, reflecting the remainder of land (77 acres) after sale of 130 acres to Adam Gather. "This tract of land of timber land purchased by John Yates from George S. Washington remaining after sale of the other part to Adam Gather …" George Steptoe Washington was the nephew of President Washington. Signed by surveyor Mark Hornsey.

Jefferson County, November 4, 1814, Indenture, partially printed, completed in manuscript, 2pp in which John Yates purchases 118 acres from Robert O. Grayson and wife Marguerite Susan Grayson. Signed by both Graysons, George Hite, Edward McGuire, and Lewis Hoff

Jefferson County, January 23, 1837, Indenture, 4 pp, in which John Yates purchases from Abraham Snyder, wife Susannah, and daughter Elisha "a certain tract or parcel of land lying and being in the said County of Jefferson which is part of a larger tract of land called the Flowing Spring tract formerly belonging to John Peyton, deceased …" An interesting addendum suggests some controversy:
"We, Richard Williams and William F Lock, Justices of the Peace in the county aforesaid in the State of Virginia do hereby certified Susanna Snyder, the wife of Abraham Snyder, partner to a certain deed bearing date on the 23rd day of January 1837 and hereto annexed, personally appeared before us in our county aforesaid, and being examined privately and apart from her husband, and having the deed fully explained to her, she, the said Susannah Snyder, acknowledged the same to her act and deed, and declared she had willingly signed, sealed and delivered the same and wished not to retract it …"
Signed by the Snyders, Rich Williams, and William F Lock.

Jefferson County, April, 1842, Survey with plat map, 2 pp, "Yates to Alexander, Beginning at a point in the center of the Winchester and Potomac Rail Road …" Signed by surveyor James M Brown.

Jefferson County, May 5, 1842, Indenture, Deed of Release, 4 pp, Henry St. George Tucker (trustee), Ann T. Hite, John S Davison, and Philip Williams to John Yates, regarding "certain lots of land in Jefferson County, Virginia - being part of the "Flowing Spring Mill" tract, late the property of John Peyton … containing three hundred and fifty acres …" Signed by Tucker, Hite, Davison, and Williams, and Justices of the Peace George Spooner and John K Jones (Jefferson County), and John Magill, and Jas Neill (Frederick County).