This Indenture tripartite made the tenth day of August in the year of our Lord one thousand seven thousand seven hundred and ninety, between Henry Lee of Stratford in the County of Westmoreland esquire and Matilda his wife of the first part, Philip Ludwell Lee, Henry Lee and Lucy G. Lee children of the said Henry Lee and Matilda his wife of the second part, and Richard Bland Lee and Ludwell Lee esquires of the third part. Witnesseth that the said Henry Lee and Matilda his wife for and in consideration of the sum of one hundred pounds to them in hand paid by the said Richard Bland Lee, and Ludwell Lee, the receipt whereof they do hereby acknowledge and of from the same do acquit and discharge the said Richard Bland Lee and Ludwell Lee, their heirs, executors and administrators by these presents, have granted, bargained and sold, and by these presents do grant, bargain and sell unto the said Richard Bland Lee and Ludwell Lee and their heirs, all the land the property of the said Henry Lee and Matilda his wife, situate, lying and being in the County of Westmoreland known by the name of the Stratford tract, the upper and lower Cliffs, and also the land the property of the said Henry Lee and Matilda his wife, situate, lying and being in the County of Fairfax, known by the name of the Falls plantation, also all the land the property of the said Henry Lee and Matilda his wife situate, lying and being in the County of Loudon known by the name of the sugarland plantation and also the portion of land the property of the said Henry Lee and Matilda his wife in several undivided tracts of land in the Counties of Westmoreland, Northumberland and Loudon in Virginia and Frederick in the state of Maryland. To have and to hold the several tracts of land before mentioned with the appurtenances thereto belonging to the said Richard Bland Lee and Ludwell Lee and their heirs in trust for such uses, intents and purposes and with and under such provisions, limitations and agreements as are herein after expressed and declared of and concerning the same, that is to say to the use and behoof of the said Henry Lee and Matilda his wife for and during their natural life and the life of the longest lives of them, and after their decease, then the said lands situate in the County of Westmoreland and known by the name of the Stratford tract, the upper and lower cliffs, and in the County of Fairfax known by the name of the Falls plantation to the use of the said Henry Lee and Matilda his wife and his heirs, and the lands in the county of Loudon known by the name of the sugarlands plantation, to the use of the said Henry Lee, youngest son of the said Henry Lee and Matilda his wife, and his heirs, and if either of the said sons should die without issue, under the age of twenty one years, then and in that case the lands held for the use of the one so dying shall be to the use and behoof of the survivor and his heirs, and if both of the said sons shall die underage without issue, then the said lands shall be held to and for the use of Lucy G. Lee daughter of the said Henry Lee and Matilda his wife and her heirs forever. And the said portion of land in the several undivided tracts above mentioned to the use of the said Lucy G. Lee should die under age without issue then the said Philip Ludwell Lee and his heirs, but if the said Philip Ludwell Lee should die underage without issue, then the said lands to be held to the use of the said Henry Lee the son and his heirs forever; provided always, and it is hereby agreed by and between the parties to these presents, that the said Henry Lee the father may at any time during his life if he shall judge it necessary for the benefit of the said Lucy G. Lee, sell and convey away the land now conveyed for the use of the said Lucy G. Lee, and in lieu thereof advance money or convey other lands to the said Lucy G. Lee as may be most advantageous to her, provided also that the said Henry Lee and Matilda his wife may by deed writing properly authenticated, witness by two witnessed at the least, alter, change or destroy all or any of the uses and trusts heretofore made and limited and the said lands again to settle and convey in such manner as shall be most suited to the exigencies of the children, which the said Henry Lee and Matilda his wife have had or may have. In witness whereof the parties to these presents have hereunto set their hands and seals the day and year within mentioned
Henry (LS)
M. Lee (LS)
The undivided tracts given to Lucy G. Lee are certain lands held in Coparcenary between the said Matilda Lee and her sister Flora Lee which have never been divided.
Danl McCarty, Robert Rose, Thos Thomson
Virginia, to wit;
At a General Court held in Richmond the 19th day of November 1790.
Thus Indenture was acknowledged by Henry Lee a party thereto, and together with the commission annexed for taking the acknowledgment and privy examination of Matilda Lee also a party thereto the certificate of the execution thereof, ordered to be recorded.
Teste
J. Brown
A copy
Teste
Wilson Allen Cty C [copied in ca. 1820]
Source: The Archives of the Robert E. Lee Memorial Foundation, Papers of the Lee Family, Box 2, M2009.130, Jessie Ball duPont Library, Stratford Hall
Transcribed by Colin Woodward, 2016 April 28
