Looking for someone knowledgeable about 17th century, colonial indentures.

+4 votes
173 views
I have a legal document from Charles County, Virginia written in 1696 describing an "indenture" but involves the exchange of land for the care and feeding of a man and his young daughter which is not the typical type of indenture I am familiar with.  I would be very interested in hearing from someone who is familiar and can provide the document and my rough transcription if desired.  Thanks in advance for any help that might be provided!
in Genealogy Help by Steve Hatch G2G3 (3.4k points)
retagged by Ellen Smith
Just a note that “indenture” means pretty much the same as “contract” so is used in all sorts of legal documents, not just the situation of a person contracting (indenturing) him or herself in exchange for passage to America.
Yes, thanks.  I figured that was the case.  I'm looking for someone who is familiar with the type of contract I described and might know the general circumstances that might have caused it.

4 Answers

+4 votes

That is a very specific contract, so you are unlikely to find someone who has seen exactly the same thing. But it was quite common for an elderly landholder to grant land to their child in return for providing for them for the rest of their life. 

You might wonder, if they love their child enough to just give them land, why not just trust that the child will do right by their parents? I.e., why not just make a deed of gift, without the quid pro quo. Many parents did. But the added obligation gives a little security. For instance, if the child became incapacitated and was appointed a guardian, the deed would still ensure that the guardian could not just cut out the parent. And of course, you never know if a child will someday have a falling out or come under evil influence and decide to cut the parent out.

Here, the man may have owned the property but had some condition that kept him from making a living off of it. One solution would be to rent the property, but another is the one in the deed you found. Was the care for the lifetime of the man and/or daughter, or a fixed term? A lifetime annuity would provide more security than a fixed-term tenant. Did it say the contract would become void under a condition, say if the daughter married?

Then there is the special case of a “three lives lease”, which was a really interesting arrangement and fantastical useful for genealogy. But that doesn’t sound like what you are describing, and I don’t know how common it was in Virginia at the time. I think America had so much “available land” that there was less use of that contract than just outright grants and purchases.

by Barry Smith G2G6 Pilot (291k points)
edited by Barry Smith
Thanks Barry.  The agreement seemed to take care of the father for the rest of his life including to pay for someone else to serve for him if he was called into the colonial militia.  Support of his daughter ended when she married or turned 18 but, at that time, she would receive some land being held for her.
+2 votes
I am familiar with these types of contracts. Charles County court minutes (if they exist) may shed light on the purpose or nature of the indenture. For instance, in your case, it is likely the wife of the man and young child died, so the man has contracted for his care and the care of his child in exchange for land.  If you have the document, I'd be happy to translate it for you, but I'll need you to scan and email it to me.
by Terri Oguz G2G6 Mach 1 (10.2k points)
+3 votes
I have seen something somewhat similar to that from very early in the 1800's in Georgia. In the case I'm referring to, a man made an indenture giving all his land and personal property to his eldest son, with the stipulation that his wife, and minor children be cared for, and upon both his wife and his death, a portion of the property be sold for the benefit of his children. In essence this was like a will that took effect while he was still alive, a bit like an irrevocable trust.
by Steve Hatchett G2G6 Mach 1 (18.6k points)
Thanks Steve.  What you describe is very similar except the third party taking responsibility for the care and receiving the land is not a relative as far as I can tell.  The other puzzling thing is that some of the land being transferred is adjacent to land belonging to who I believe was a brother of the main party. So there probably was family nearby.
+3 votes
It’s a contract that conveys equitable title in the land as opposed to legal title. It can be enforced even after the party’s death in a Chancery court or other equity court. Nowadays both law and equity courts are combined except in a very few states. Anyhow, most of the time contact principles control except as to remedies. The court can even deed the lands pursuant to a decree.
by Bob Pickering G2G6 Mach 1 (11.2k points)

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