Introductory Notes William "Brindle Bill" Hurst obtained a deed, or assignment, of 400 acres of land on the south branch of the Shenandoah River in the colony of Virginia from William Russell in 1741. A transcript of the deed to William "Husk" in 1741 is below. The 400 acres of land assigned to Brindle Bill was a part of an unsurveyed land grant to William Russell in 1735 from King George II, supposedly containing 4,950 acres, for the transportation of five families into the colony. This land was later found, and determined after a survey in 1734, to be part of the Northern Neck Proprietary, or the "Fairfax Lands." The Northern Neck of Virginia was originally a grant by King Charles I to seven loyal followers who crowned him King of England during his exile in Scotland in 1649 following the beheading of his father, King James of England. King Charles' generous grant encompassed all of the land in the colony of Virginia between the Rappahannock River and the Potomac River, extending from Chesapeake Bay to the fork of Potomac and Rappahannock Rivers. The Northern Neck became invested in the Culpepers, and by marriage to Catherine Culpeper in 1790, Thomas, Fifth Lord Fairfax, became the owner of the Northern Neck. Survey of the Northern Neck was completed in 1734 and the extent of the Fairfax holdings was established shortly after William Russell obtained his grant. The total acreage of the Northern Neck lands was found to be 5,282,000 acres and extended to the west border of what is now Hampshire County, West Virginia. The Fairfax lands were leased for a yearly quit rent of 1 shilling sterling for every 50 acres. The Northern Neck, being entailed to descendants residing in England, escheated to the Commonwealth of Virginia during the Revolutionary War. Occupants of the escheated lands subsequently became the legal owners upon payment of a fee to the Commonwealth of Virginia. William Russell, a resident of the "Province of West Jersey," was one of the first explorers into the deep frontiers of Virginia having explored the Potomac River to it's source in 1702. In depositions taken in 1747, the originals of these depositions being found in the "Fairfax Land Suit" now in the British Museum, William Russell: "who is an old man says he discovered the fork [of the Rappahannock and Potomac Rivers] about thirty five years ago as he was hunting" (Fairfax Land Suit pages 233, 258). William Hurst's land in Orange/Augusta Co., Virginia became part of Frederick Co. in 1738-1743, Dunmore Co. in 1772, Shenandoah Co. in 1778, and Warren Co. in 1836. ------------------------------ Land Grant to William Russell 1735 "At a Council held November 1st, 1735. William Russell having laid before this board a Survey of one thousand Acres of Land on the South Side Sherrando River which together with eight thousand six hundred acres formerly surveyed for him is all the land he can find within the limits of his former Entries and praying that insasmuch as he has seated the same with Persons brought into this Colony for settling & strengthening that Frontier the said nine thousand six hundred acres now surveyed may be granted him with the like Privilege allowed to others seating the lands there the Governour with the Advice of the Council is pleased to order as it is hereby Ordered for each family brought by the said Russell upon the Land aforementioned one thousand Acres be granted him and that he be discharged of the Paiment of Rights and that he have a patent accordingly upon his making Proof before the Court of Orange County or any Justice of peace of the said County of the names and numbers of Families settled thereon. N: Walthee George George the second by the Grace of God of Great Britain France & Ireland King defender of the faith &c. To all to whom these presents shall come Greeting Know ye that for diverse good Causes and Considerations but more especially in Consideration that William Russell hath in pursuance of an Order of our Lietenant Governour & Council of our Colony and Dominion of Virginia made due proof of his having brought into our said Colony and Dominion five families & seated them on certain Lands on the South side of Sherrando River for settling & strengthening that frontier We have given granted & confirmed & by these presents for all our Heirs and Successors Do give grant and confirm unto the said William Russell one certain tract or parcel of land containing four thousand nine hundred and fifty acres lying and being in the County of Orange and in the forks of Sherrando River aforesaid and bounded as followeth to wit Beginning at the Point of the forks and running thence up the several Courses of Sharrando River...." (Fairfax Land Suit, page 260-261). Note: A 1747 resurvey of William Russell's land grant in shows the area as 5,227 acres. The five families shown on the 1747 survey map are: H. and J. Cloud, H. Hardin, Richard & J. Harrald, S. Land, and Wm. Husk. ------------------------------------ Deed of Lease and Release from William Russell to William Husk, 1741. "This Indenture made the Sixth day of July in the Year of our Lord One thousand, Seven hundred and forty one BETWEEN William Russell of the County of Orange of the one part and William Husk of the County of Augusta, of the other part. WITNESETH that the said William Russell for and in Consideration of the sum of five Shillings Current Money of Virginia to him in hand paid by the said William husk at or before the Sealing and delivery of these presents the receipt whereof is hereby acknowledged HATH granted, bargained and Sold, and by these presents doth grant bargain & Sell unto the said William Husk one piece or parcell of Land containing four hundred Acres more or less Situate Lying and being in that part of Orange County called Augusta on the South Side the South Side[sic] the South river of Shenandoah BEGINNING on the South Side the said river on the lower Side Gowrey's [sic: Gooney's] run, thence up the several courses.... Sealed & delivered in the presence of Richard (his z mark) Harrald Elizabeth (her reverse E mark) Harrald Benjamin (his x mark) Matthews... "This indenture made the seventh day of July in the Year of our Lord One thousand Seven hundred & forty one BETWEEN William Russell of the County of Orange of the one part and William Husk of the County of Augusta of the other part WITNESETH that for and in Considerations of the Sum of twenty pounds Current Money of Virginia to the said William Russell in hand paid by the said William Husk at or before the Sealing and delivery of these presents The receipt whereof he doth hereby acknowledge and thereof doth acquit, release and discharge the said William Husk his Executors Administrators by these presents to the said William Russell HATH granted bargained Sold Aliened released and confirmed and by these presents doth grant bargain Sell alien release and confirm unto the said William Husk in his Actual possession now being by Virtue of a bargain and Sale to him thereof made by the said William Russell for one whole Year by Indenture bearing date the day next before the day of the date of this presents and by force of the statutes for transferring leases into possession:/ and his heirs one piece or parcel of Land containing four hundred Acres more or less Situate lying and being in that part of Orange County called Augusta on the South Side the South river of Sherandoah BEGINNING on the South Side the said river on the Lower Side Gaines run thence up the Several Courses of the said run the line of the Pattent thence along the several Courses of the Pattent Line to Richard Harralds Line in the said Pattent Line thence along Richrd Harralds Line to his upper Corner on the River thence up the River the Several Courses to the begining [sic] and all houses Buildings Orchards Ways Waters Watercourses profits Commodities Herediaments and appurtenances whatsoever to the said premises hereby granted or any part thereof belonging of in any wise appertaining And the Reversion and Reversions Remainder and Remainders Rents (uses?) and profits thereof And also all the Estate Right Titles Interest (???) Trust property Claim and demand whatsoever of him the said William Russell of in and to the said premises And all Deeds Evidences and Writings touching or in any wise concerning the Same To Have and to hold the said four hundred Acres of Land more or less and all and singular the premises hereby granted and released and every part and parcell thereof with their and every of their Appurtenances unto the said William Huske [sic], his heirs and assigns forever their only proper use & Behoof of him the said William Huske and of his heirs and Assigns forever. And the said William Russell for himself his heirs Executors and Administrators doth covenant promise and Grant to and with the said William Huske his heirs and assigns by these presents That the said William Russell now at the time of Sealing & delivering of these presents is Seized of a good and perfect and indefensible Estate of inheritance in fee simple and in the premises hereby granted and released And that he hath good power and lawfully also like authority to grant and convey the land to the sd. William Huske in manner form aforesaid And that the said promises now are and so forever hereafter shall remain and be free and clear of and from all other and former gifts Grants Bargains Sale Dower Rights Title of Dower Judgments Executions Tithes Troubles Charges and Incumbrances whatsoever made done omitted or suffered by the said William Russell or any other person or persons whatsoever/: the Quit rents forever due and payable to our Sovereign Lord the King his heirs and Successors for and in respect of the said premises only excepted and for(???) And Lastly that the said William Russell and his heirs all and singular the premises hereby granted and released with their appurtenances unto the said William Huske his heirs and Assigns ag.st him the said William Russell and his heirs and all and every other person and persons whatsoever shall will Warrant and forever defend by these presents. IN WITNESS whereof the said William Russell hath hereunto set his hand and Seal the day and Year first above written Sealed & Delivered in the presence of Richard (his z mark) Harrald W Russell (seal) Elizabeth (her E mark) Harrald Benjamin (his x mark) Matthews At a Court held for Orange County on Thursday the 23d day of July 1741 Wm. Russell Gent acknowledged this his release for Land indented to Wm. Huske and on his motion is admitted to record. Teste Jonath.n Gibson C Cor (Orange Co., Virginia Deeds 6:16-19). ----------------------------------------- William Hurst, Caveated Surveys, Proprietor’s Office, 1762 William Hurst, Frederick County, 5 August 1762-29 September 1763. William Hurst petitioned for a survey to determine the surplus within the bounds of his 400 acre purchase from Colonel Russell it being part of a 3,650 acre grant to Russell from the King's Office on 17 December 1735, being 1,200 acres on Cave, Flint and Gooney's Runs on the South River of the Shenandoah adjoining James Jones, Fairfax's Manor, and Henry Hardin. The original tract had 400 acres with a surplus within being 800 acres being a total of 1,200 acres. Chain Carriers: William Jennings, George Owens, Ezekial Morgan, John Hurst. Corner Markers to William Hurst, Simon Carson and William Cathey [sic: William Calfee]. Surveyor Thomas Rutherford. Caveated by Henry Hardin, Sen.r. Benjamin Bartley served a summons to Hardin 9 June 1770. The parties met and agreed to postpone the affair (Joyner 1995, Volume 5:18). ----------------------------------------- William Hurst heirs, 1788 Beverly Randolph Esquire Lieutenant Governor of the Commonwealth of Virginia to all whom these presents shall come Greetings Know ye that by virtue of a warrant from the late landed proprietor of the Northern Neck and in Consideration of the (???) compensation of five pounds Sterling paid by John Hurt, William Hurt, Elizabeth Morgan, Judith Smith, Hannah Roy, and Nancy Dyer unto the Treasury of this Commonwealth there is Granted by the Said Commonwealth unto the said John Hurst, William Hurst, Elizabeth Morgan, Judith Smith, Hannah Roy and Nancy Dyer Devises of William Hurst Dec.'d. a certain tract or parcel of Land Containing Nine hundred and Seventy acres by survey bearing date the Sixteenth day of May One Thousand Seven hundred and Eighty one lying and being in the County of Shenandoah four hundred acres part thereof being formerly Granted to a Certain William Russell and conveyed to the late William Hurst by the Said William Russell by deed bearing date the sixth day and Seventh day of July One Thousand Seven hundred and forty One and bounded as showeth To Wit Beginning at a beach tree corner to the Original Extending thence North Two hundred and fourteen poles to two white oaks thence southerly eight degrees West One hundred and twenty poles to two white oaks North thirty degrees Westerly four poles to a red oak Standing on the South Side of the South fork of Shannandoah River thence up the River binding therewith South forty degrees West sixty seven poles West two hundred and fourteen poles South Seventy Seven degrees West Sixty poles South forty degrees West twenty eight poles South ten West thirty poles South twenty degrees East Seventy Eight poles South Sixty degrees East Eighty poles South thirty degrees East two hundred and twenty poles South one hundred and forty poles South fifty two degrees East thirty five poles North Seventy degrees East twenty Eight poles South Thirty five degrees East one hundred and Sixty poles to a poplar standing in the back line of the Original Grant thence with Said line North Six degrees East four hundred and twenty poles to the Beginning = With its Appurtenances to the Said John Hurst, William Hurst, Elizabeth Morgan, Judith Smith Hannah Roy and Nancy Dyer and their Heirs forever In witness whereof the said Beverly Randolph Lieutenant Governor of the Commonwealth of Virginia hath hereunto Set his hand and Caused the lesser Seal of the Said Commonwealth to be affixed at Richmond on the fourth day of July in the year of Our Lord One Thousand Seven hundred and Eighty-Eight and of the Commonwealth the Thirteenth = Beverly Randolph (Northern Neck Grants S:528-529). (Note: William Hurst sold 250 acres to Thomas and Deborah Cockrell which was transferred to Molly Cockrell in 1754. The remainder of the lands were sold by William Hurst's heirs prior to the issuance of this deed in 1788). *Note: the 1788 affirmation states that the 400 acre land grant to William Hurst in 1741 finally totaled 970 acres. William sold over 200 acres of this land to the Pagetts. The deeds from William's heirs total less than 800 acres (I am not including the deeds from William's heirs, but copies are available to anyone who wants them).