In Their Own Words:
Brandywine Deed, 1771
In 1770, Joseph Tatnall bought water rights from the Marshall family, and from that developed tremendous water power. The deed below is for the land on which he built his first mill. Two additional deeds completed the land holding that became the Lea-Tatnall Mill, a business that made these Quaker businessmen amongst the wealthiest gentlemen in the colonies. This document remains in the care of the author.
THIS INDENTURE made the twenty sixth day of the Third month in the year of our Lord One thousand seven hundred & seventyone and in the Eleventh year of our Sovereign George the Third's Reign Over Great Britain & King &ca ## BETWEEN George Evans of Brandywine Hundred in the County of New Castle upon Delaware Miller and Rachel his wife of the one part and Vincent Gilpin of Christiana Hundred & County assd Miller of the other part WHEREAS the said George Evans and Israel Gilpin by virtue of an Indenture of bargain & sale duly executed under the hand & seal of John Buckley for the Consideration therein mentioned became lawfully seized in fee of in the one full equal & undivided Moiety or half part of two certain Lots or pieces of lands situate lying & being on the North side of Brandywine Creek in Brandywine Hundred & County assd & also of & in the one full equal & undivided moiety or half part of the watercorn or Grist Mill & such Mill erected & built on the lower or Southeasterly Lot above mentioned the other undivided Moiety or half part of the sd Mills & Lot being then of Tobias Vandiver Peter Vandiver Junr and John Welsh & also of & in the one full equal & undivided moiety or half part of a sufficient quantity of water always coming down the new long race in the sd Indenture mentioned to turn one overshot water Corn or Grist Mill to be erected and built at or near the other water Corn or Grist Mill with two full equal & undivided sixteenths of the assd new long race & priviledge of being first supplyd in case there should not be water always coming down the said race sufficient to turn four overshot water corn or Grist Mills & ca as by the sd Indenture reciting as is therein recited bearing date the fifth day of February last past reference there unto being had may more fully & at large appear AND WHEREAS they the said George Evans & Israel Gilpin by virtue of one other Indenture of bargain and sale duly executed under the hand and seal of John Buckley for the Consideration therein mentioned became lawfully seized in fee of & in the one full equal & undivided moiety or half part of one of the above mentioned two lots or pieces of Land and also of & in one other full equal & undivided sixteenth part of the assd new long race & of & in the one full equal & undivided sixteenth part of the water always coming down the same & a proportionable part of the assd South Easterly Lot to erect & build one overshot water Corn or Grist Mill on & the priviledge of being first supplyd with water for one Overshot Water Corn or Grist Mill in case of a deficiency as by the said Indenture bearing date the fifth day of February last past reference of thereunto being had more fully & at large appear by force & virtue of all which they the said George Evans & Israel Gilpin became lawfully seized in fee as assd of & in three full equal and undivided fourth parts of the whole in four parts to be divided of the following described Lot or piece of Land for a Millseat & next adjoining to Joseph Tatnall's Millseat & bounded as followeth (to wit) BEGINNINGS at the sd Joseph Tatnall's CornerStone in the old Mill line & at the distances seventy feet from the old Corner Rock hence with the old Mill line South Eighty eight degrees west forty feet to a Cornerstone in the middle of the proposed road or common passage thence with the middle of the sd Road or common passage South two degrees & a quarter West and lying at equal distances between the Millhouses when built to low water mark in the said Creek thence down the same & binding therewith about Sixty eight feet to a Corner of the said Joseph Tatnalls Mill Lot thence with his line North two degrees West about thirteen perches to the place of beginning containing within those bounds by computation forty two perches of Land be the same more or less & that the space of twenty five feet between the two Millhouses when built as assd that is twelve feet & six Inches on each side of the above mentioned division line is to be left open for a common road or passage from the old Mill line to the sd Creek forever with three sixteenths of the new long race & of the water always coming down the same & the priviledge of being first supplied with water as assd and also of & in all that the upper Lot at the head of the assd new long race the other fourth part of the Millseat of water being of John Welsh and also of and in the one full equal & undivided Moiety or half part of the remaining part of the old Mill Lot & of all the Mills & Improvements thereon the other moiety or half part thereof being of the sd John Welsh & Tobias Vandiver AND WHEREAS they the sd George Evans & Israel Gilpin made full & implied division & partition between them of all the said Mills Lands waters & premisses and all that the above mentioned Lot or piece of Land at the head of the new long race & also the sd three sixteenths of the undivided quarters or fourth parts of the last above described Lot or piece of Land for a Millseat with the assd three sixteenths of the new long race & also the sd three sixteenths of the water always coming down the same & the priviledge of being first supplied with water in case of a deficiency as assd & the sum of one Hundred & Eighty one pounds # money of this government was allotted divided & set off to the sd George Evans to hold to the said George Evans his Heirs & Assigns in severalty as his & their moiety part, purpart & portion of his the assd Mills, Lands & water forever as by certain Indentures of Partition duly executed under the hands & seals of the sd George Evans & Israel Gilpin & Rachel his wife for & in consideration of the Sum on One Hundred & Twenty five pounds Current money of this Government to them in hand paid at or before the sealing & delivery hereof by the said Vincent Gilpin the receipt whereof they do hereby acknowledge & confess themselves therewith fully satisfied contented & paid & thereof & of & from every part of parcel thereof do release acquit exonerate and forever discharge the sd Vincent Gilpin his Heirs & Assigns by these presents HAVE Granted Bargained & sold aliened released & confessed & by these presented DO Grant Bargain & sell alien release & confirm unto the sd Vincent Gilpin his Heirs & Assigns the one full equal & undivided fourth part (the whole in four equal parts to be divided of all) that the above described Lot or piece of Land for a Millseat & also the Moiety of half part of all that Lot or piece of Land at the head of the Race & the one full equal sixteenth part of the sd Race and the one full equal sixteenth part of the water always coming down the same TOGETHER with a proportionable part of the Millpond, Mill dam & all & singular the Rights Liberties priviledges ways Easements proffets hereditaments & appurtenances whatsoever to the sd bargained premisses belonging or in any ways appertaining and [Ally?] of [??????] Right Title Interest property claim & demand of the sd George Evans & Rachel his wife & his Heirs of in & to the same & of in & to every part & parcel thereof with true coppies of all Deeds Evidences & Court Rolls touching or concerning the same to be had & taken at the proper Costs & Charges of the sd Vincent Gilpin his Heirs & Assigns TO HAVE AND TO HOLD all and singular the sd one full equal & undivided quarter or fourth part of the above described Lot or piece of Land for a Mill seat the Moiety or half part of the Lot or piece of Land & the head of the race & the one full equal & undivided sixteenth of the assd Race with the one full equal & undivided sixteenth part of the water always coming down the same & all other the [promisses] with every the appurtenances unto the sd Vincent Gilpin his Heirs & Assigns to the only proper use benefit & behoof of the said Vincent Gilpin his Heirs & Assigns forever UNDER the yearly quit rents none due & hereafter accruing & becoming due for the same to the chief Lord or Lords of the fee AND further it is covenanted by & between the sd parties by these presents that the sd George Evans & Rachel his wife & his Heirs all and singular the sd undivided fourth part of the sd Lot or piece of Land Race water Hereditaments & premisses. Hereby bargained & sold meant mentioned or intended so to be with every the appurtenances against them the sd George Evans & Rachel his wife & his Heirs and against and every other person or persons whomseover having or claiming or that shall or may at any time hereafter lawfully claim the same or any part theirs by from or under them or either of them unto the said Vincent Gilpin his Heirs & Assigns shall & will WARRANT and forever DEFEND by these presents IN WITNESS whereof the sd George Evans and Rachel his Wife have hereunto put their hands & seals & dated the day & years first above written,
|Sign'd Seal'd & Deliver'd
In the presence of us
Peter Vandiver, Jnr
Recd from the above named Vincent Gilpin full satisfaction for the above mentioned consideration money
Geo: Evans [seal]
Rachel Evans [seal]
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