Pdf of Lease Agreement: https://hicksgenealogy.org/wp-content/uploads/2025/02/George-Washington-Abraham-Swango-Lease.pdf
This Indenture made in the Twenty Second day of March in the year of our Lord one
thousand Seven hundred and Sixty nine Between George Washington of the County of Fairfax
Esqr of the one part and Abraham Swangar of the County of Frederick Farmer of the other Part
Witnesseth that the said George Washington for and in consideration of the Rents Duties
Reservations and Covenants herein after reserved and mentioned on the Part behalf of the Said
Abraham Swangar his heirs and assigns to be paid done and performed Hath devised granted and
to Farm let unto the said Abraham Swangar his heirs and assigns one certain Messuage
Tenement of Parcels of Land in the Tenure o&ccupation of the said Abraham Swangar now
being containing two hundred acres of land more or less lying in Frederick County in the Barrans
of Bullskin being part of the large Tract belonging to the said George Washington and bounded
to follow the Beginning at a Stake in a hollow corner to William PetersonJ &acob Fry and
extended with a line of the Said Fry No 72 &130 Poles to a locust in the Barrans in his line
thence So 10 W27 Poles to another locust in the outline of my Patent thence with that line No 65
W 190 Poles to a white oak Red oak by the side of a Road. William Petersons corner in the
said line finally with his line reversed No 33 Er 166 Poles to the beginning containing as above
together with the Profits Commodities appurtenances to the same belonging to in anywise
appertaining to serving accepting into the Said George Washington his heirs and assigns all
mines minerals and Quarries and the use of them with free Ingress Regress in &from the said
demised Premises and the Privilege of hunting fowling in or upon any part thereof To have &
to hold the said Messuage Tenement or Parcell of Two hundred acres of land with the
appurtenances except as before excepted under the said Abraham Swangar his heirs &
assigns from the day of the date heretofore and during the Natural lives of him the Said Abraham
Swangar Alice his wife and Jacob Swangar his son and the longest lives of them Yielding and
Paying unto the said George Washington his heirs Executors administrators or assigns yearly
and every year for and during the Space Term forementioned the Rent of six pounds current
moneys of Virginia at his dwelling house in Fairfax County or to any Person legally authorized
and appointed by the said George Washington his heirs to Receive and collect the same the
first of which Rents to become due Payable on the 25th day of December which shall herego
the year One thousand Seven hundred and seventy three and on the same day in each and every
year afterwards during the continuances of this Lease and if it happens that the Reserved yearly
rent or any part thereof be in arrear or unpaid for the space of Forty days next after the day
whereon the same ought to be Paid that when so often as it shall happen it shall and may be
lawful to and for the Said George Washington his heirs Executors administrators or assigns into
the Said demised Premises or any part thereof to enter and distrain and the distress or distresses
then and there found to take lead drive carry away those to dispose according to law; and if
no sufficient Distress or Distresses can or may be found in or upon the said demised Premises
wherewith the said Rent and arrears if any there happens to be may be fully satisfied paid
that then it shall may be lawful to and for the said George Washington his heirs administrators
or assigns into the said demised Premises or any part thereof in the Name of the whole without
Demand to re-enter and the same to have again repossess and enjoy as his or their first or former
Estate anything herein to the Contrary thereof in anywise notwithstanding and the said Abraham
Swangar for himself his heirs Executors Administrators or assigns Doth covenant Promise and
agree to and with the said George Washington that he the Said Abraham Swangar his heirs
Executors Administrators assigns shall and will yearly and every year during the Continuance
of this demise pay unto the said George Washington his heirs Executors Administrators or
assigns the before Reserved Rent of six pounds Commencing annually on the day whereon the
same ought to be paid and in the manner as before Reserved mentioned And the said Abraham
Swangar for himself his heirs Executors Administrators and assigns to farther Covenant Promise
and agree to and with the said George Washington that he the said Abraham Swangar his heirs
Executors Administrators or assigns shall not tend or suffer to be bonded on the demise and
premises above a full &sufficient Crop for six able working hands in any one year that is to say
such hands as are Generally allowed and acknowledged in( Virginia)to be full shares in a Crop
and reckoning so many weaker hands for a shorter or laboring hand as shall be adjudged equal
thereto by three Reasonable and Sensible men in case of a Dispute and difference in opinion
between the Parties. And if at any time it shall appear that there is more than a full and
Sufficient Crop for six able working hands tended on the hereby demised Premises that the then
said Abraham Swangar his heirs Executors Administrators or assigns the sum of thirty Shillings
are and above the before Reserved yearly rent for every and each hand of more than six and so
in proportion yearly every year while the same is continued or suffered to be done and that the
said Abraham Swangar his heirs Executors Administrators or assigns shall not make or effort to
be made any manner of waste of any sort of Timber on any part of the hereby demised Land and
Premises and if at any time any Timber fit for Carpenters or Coopers use or Rails should be cut
down in Clearing ground or otherwise the Same shall be worked up before any more shall be cut
down and not suffered to or for Perish under the Penalty of Twenty shillings over and above the
value of such Timber to be paid by the said Abraham Swangar his heirs Executors
Administrators or assigns to the said George Washington his heirs Executors Administrators or
assigns for every such offence and that the said Abraham Swangar his heirs Executors
Administrators or assigns shall not use sell or otherwise dispose of or suffer to be sold used or
otherwise disposed of any sort of Timber or Wood from off any part of the hereby Demised Land
Premises in any manner whatsoever except for the Proper use and benefit of the hereby
demised Land or Premises) without the consent of the said George Washington his heirs or
assigns first obtained under his or their hand And moreover the said Abraham Swangar for
himself his heirs Executors Administrators or assigns doth further covenant Promises and agree
to and with the said George Washington that he the said Abraham Swangar will leave standing in
some Convenient Part of the above granted Premises and in one Body at least A-c-r-es of
Woods untouched and which woods shall remain and be held as a future support of the
Plantation or farm at the Suspension or Determination of this lease and further the said f-o-r-
himself his heirs Executors Administrators and assigns doth covenant Promise and agree to &
with the Said George Washington that he said Abraham Swangar his heirs Executors
Administrators or assigns shall and will within the space of Four years at furthest from the date
here of Build or cause to be built on some convenient part of the hereby demised land &
Premises a Dwelling house to wit sixteen foot Square of good Framed work or of logs well
sawest or hewed and to have a chimney of stone also a good Barn Forty feet long Twenty feet
wide and to sink or be sunk a well for the convenience of supplying the tenement with water or
other Houses building equal thereto and the said Abraham Swangar his heirs Executors
Administrators and assigns shall and will always during the Continuance of this demise keep the
said houses or buildings in good Order and Repair and at any time any of them should go to
decay or happen to be destroyed by any accident shall build others as good in the room of them
and that the said Abraham Swangar his heirs Executors Administrators and assigns shall and will
also within the before mentioned Space of Ten Years Plant on some convenient Part of the
hereby demised Land premises an orchard of one hundred winter apple Trees at the thirty feet
Distance everyway from each other and one hundred Peach trees at sixteen feet distance
every way from each other and keep the Park always during the continuance of this Demise well
Trimmed and pruned fenced in and secured from Horses Cattle and other Creatures; and if any of
them should die or decay that the said Abraham Swangar his heirs Executors Administrators and
assigns shall plant thereof the same kind in the Room of them so as during the Continuance of
this Demise always to keep up the same Number and further the said Abraham Swangar for
himself his heirs Executors Administrators assigns doth covenant Promise and agree to &with
the said George Washington that no assignment Transferrances or other Conveyance
whatsoever of the hereby demised land and Premises or any part thereof shall be made by the
said Abraham Swangar his heirs or assigns or any Person or Persons whatsoever in his or their
behalf to any Person or persons whatsoever without the consent of the said George Washington
his heirs or assigns first obtain under his or their hand and seal otherwise such assignment
Tranferrance or Conveyances to be void and of no Effect. And further the said Abraham
Swangar for himself his heirs Executors Administrators assigns doth covenant promise and
agree to and with the said George Washington that the said Abraham Swangar his heirs
Executors Administrators and assigns shall and will always during the continuance of this
Demise keep the hereby demised land and Premises with the appurtenances in good sufficient
order Repair and at the Expiration of the Said Demise whenever it shall happen, shall and will
deliver the same in good sufficient Tenantable order Repair Condition unto said George Washington
his heirs Executors Administrators or assigns And the said George Washington for himself his
heirs Executors Administrators and assigns doth Covenant Promise and agree to and with the
said Abraham Swangar that the said Abraham Swangar his heirs a&ssigns and all &every other
Person or Persons who by the virtue of this Demise shall be legally and Justly Passified of the
hereby Demised Land and Premises shall and may under the Rents Payments Penalties
Reservations Restrictions Provisos Conditions and agreements herein before mentioned —
Reasonably and Quietly have hold use Occupy Possesse enjoy the said hereby Demised
Premises with appurtenances during the before mentioned Space Term of three lives without
any Trouble Molestation or Interruption From him the said George Washingtion his heirs
Executors Administrators or assigns or any other Person or persons claiming to or claim by or
from under them or any of them and lastly for the time effectual observance of all and Singular
the Articles Covenants and Agreements aforementioned the parties to each other do respectively
bind themselves their heirs Executors Administrators and assigns in the sum of fifty Pounds
current money of Virginia In Witness hereof the said Parties have hereunto interchangeably set
their hands and suffixed their Seals the day month and year first above written signed sealed &
delivered in the Presence of
Go Washington
Anthony Gholsen David Rankin x Abraham Swangar
William Peterson Jacob x Frymark
At a court held for Frederick county May 2 1769 This Indenture was approved by the oaths of
David Rankin William Peterson and Jacob Fry three of the witnesses thereto and ordered to be
recorded
By the Court
J.A. Keith CLC