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Early Land Transactions on or near Duck Run (Compiled from online images from Library of Virginia, microfilm images of deed books from Library of Virginia, O'Dell's "Pioneers of Old Frederick County", Joyner's Abstracts of Virginia's Northern Neck Warrants & Surveys, Gilreath's Deed Book summaries, and Cassandra Richard's thesis on the Fulling Mill at Mountain Falls)
1734, Oct. 3 - Grant by the Colony of Virginia to John Branson a tract of 1000 acres on the "western side of Sherando River on both sides of Cedar Run or Creek" in Orange County being part of 40,000 acres purchased by Jost Hite from Jonas and John Vanmeter who had a deed from the Council of the Colony. The tract was described by metes and bounds which made reference to "four white oaks by the Gap that goes through the mountains"; and "crossing a Branch of Cedar Run" [Duck Run?]. Signed by William Gooch.
1735, April 23 - grant by the colony of Virginia (“granting leave to Alexander Ross & Morgan Bryan to Survey in such manner as they should think fit one thousand acres of Land for each Family of Seventy Families & by them brought into our said colony & settled upon the lands”): “beginning at John Branson's corner white oak on the South side of Cedar Run (continued metes and bounds) crossing the Run to the Hills etc” “to said John Richards his heirs and assigns etc” 500 acres. O'Dell at p. 323 says this land is about 3 miles southeast of Mountain Falls on county 606 and about 2 miles from Marlboro.
1744, June 18, 19 - Indenture from John Richards to Benjamin Fry all of the 500 acres tract on Cedar Creek owned by Richards. Beginning on John Branson's corner etc. Witnesses: G. Jones, Marmad Stanfield, and James Porteus. Confirmed at a court held 10 July 1744. [Lease and release form of outright sale; abbreviated as L&R.]
1746 - Lord Fairfax rental records: #42 John Dyer, 115 acres; also #70 Jno Richards, 500 acres, transferred to Rich'd Fry. [Source: Library of Virginia microfilm reel 4624.]
1749, January 18 – John Richards applied to Lord Fairfax for 400 acres on Cedar Creek and Lick Branch [where he lived?]. [O'Dell.]
1749, March 1 - "William Russell, no war't, surv'd 1 Mar 1749 279 a wherein he lives on brs of Ceder Crk, adj John Dyer, Adam Hunter, waste land where Robert Marney lives. cc Henry Fry & John Dyer. Surv. John Baylis." [Source: p. 135, vol. 1 & 2, "Abstracts of Virginia's Northern Neck Warrants & Surveys (Portsmouth, Va.: P. S. Joyner, 1985).]
1749, November 28 - John Richards made his Will. Joseph Lupton sr and jr were named executors.[O'Dell] Richards and the Luptons were Quakers. Richards left his estate to nephews and nieces in Devon, England, and if one of the nephews would come to America he would get half of the estate.
1750, July 15 - Lord Fairfax granted to William Russell 297 acres of land “on the branches of Cedar Creek . . . joining John Dyer's entry and Adam Hunter's late survey as is bounded by a survey thereof made for William Baylis”. One point of the metes and bounds description is the “S. side of Duck Run” and another “on the line of Adam Hunter”.
1750 - John Dyer was living on 100 acres of land near Duck Run (and perhaps on the north side of the Run); on January 8, 1752 Lord Fairfax formally granted him this land, legally described as "bounded by a survey made by Mr. William Bayliss followeth" and then a metes and bounds description identical to the one below in the Dec. 1763 conveyance of the tract to William Russell.
1750, November 24 - Lord Fairfax granted 400 acres to John Richards. The deed of grant described the 400 acres as “joining on Benjamin Fry and Andrew Vance on Cedar Creek bounded also by a Survey thereof made by Mr. John Baylis” giving a metes and bounds description. Important references in this description: “Beginning on the west bank of Cedar Creek” following this watercourse “to the Mouth of Duck Run at or near Benjamin Frys corner thereupon the several courses of Duck Run on the west side of Duck Run thence leaving Duck Run”.
1752, October 30 - Application by John Richards for land grants from Lord Fairfax of 250 acres and 353 acres on Cedar Creek. [O'Dell]
1753, September 28 - Application by John Richards for land grant from Lord Fairfax of 150 acres on Cedar Creek. [O'Dell]
1754, June 20 - Lord Fairfax granted 160 acres to Robt. Marney, being a certain tract “on Duck Run adjoining to Jno Richards and William Russell” per survey by Robt Rutherford; the metes and bounds description referred to “corner to the said Richards then with Richards line . . . 182 poles . . . to another corner to the said Richards” etc etc “72 poles crossing the same run to a white oak corner to the sd Russel; then with Russel's line etc”
1757 - John Richards died. His Will was proved in the Frederick County Court on August 2 of that year. [O'Dell] See the Power of Attorney below (Dec. 6, 1770) which summarizes the key provisions of John's Will.
1762, August 6 – Lord Fairfax granted 120 acres to George Holzenbeler; the metes and bounds description refers to William Russell's line on the south side of “a branch of Cedar Creek and also mentions “corner to John Adam Hunter”.
1763, January 27, 28 - John Dyer and his wife Elizabeth sold (by L&R) to William Russell 100 acres that had been granted to Dyer on January 8, 1752, land on which he and his wife lived from at least 1749. The land was described as "beginning at a Red Oak and two white Oaks in William Russell's line thence N 69 W 124 poles [2,046 feet] to a Hickory and black Walnut on the E side of an hill thence S 21 W 130 poles [2,145 feet] to a large white Oak and white Oak saplin (sic) on the N side of Duck Run then S 69 E 124 poles [2,046 feet] to two white Oaks in William Russell's line thence with Russell's line N 21 E 130 poles [2,145 feet] to the beginning." Signed by the marks of John and Elizabeth Dyer. Witnessed by Joseph Fawcett, John Blair and Michal Bocker. Recorded March 1, 1763. [Source: Fred. Co. Deed Book 8, pp.218-222; summary in Vol. 2, Gilreath, at. p. 130.] O'Dell said this land is located on what is now route 600. Note that the fulling mill thesis by Cassandra Richard analyzed old mill ruins just west of route 600 on the north side of Duck Run.
1766, August 4 – Lord Fairfax granted 315 acres to James Brindley and Robert Marney, on Cedar Creek per William Baylis survey, with metes and bounds including references to Jacob Funk's line and to north bank of Cedar Creek.
1767, January 19 - Lord Fairfax granted 353 acres to Henry Richards, “in consideration of payment by Henry Richards, nephew of John Richards, for John Richards and his heirs and assigns”; the land was on Cedar Creek. The metes and bounds description included references to a high ridge on southerly side of said creek; extending across the creek 107 poles to foot of high ridge; line of Robert Marney; Marney's lines; corner of Richard's former survey.
1768, October 21 – Sale (lease and release form) by Peter Stephens to Jacob Wolfe of 180 acres on Cedar Creek, corner to Abraham Fry, line of William Russell, corner to Russell and Robert Marney, line of widow Richards. [Deed Book 12, pp. 516, 517; recorded Nov. 1, 1768; Gilreath vol. 4, p. 55.]
1770, Dec. 6 – We Peter Richards the younger of Herton [Devon, Great Britain] yeoman & Mary Richards of East Budleigh [Devon] spinster & Alice the wife of John Lee of Happford [Devon] yeoman (said Peter Richards Mary Richards & Alice Lee together with Jonathan Richards of [East Budleigh] yeoman and Henry Richards late of Philadelphia but now of Frederick County [Virginia] husbandman lately Dec'd. Send greetings – Whereas said John Richards in and by his Last Will & Testament duly executed the 28th Nov. 1749 gave and bequeathed unto his brother Peter Richards children (being the children of Peter Richards the Elder) all his Estate both real and personal . . . to be equally divided amongst them . . . But in case one of his brother Peter's sons Went over into that Country [Virginia] he gave him one half of his Estate both real & personal and other half he gave other children of Peters share and share alike . . . and his Will nominated and appointed his Friend Joseph Lupton & his son Joseph Lupton Executors thereto . . . Now Know ye that we the said Peter Richards the younger Mary Richards & Alice Lee have appointed in our Respective names and Stead . . . John Lee our and each & every True & Lawful Attorney for us & in our names . . . to pursue continue & follow suits for recovering and obtaining our valid respective shares of our said Late Deceased Uncle and of the rents & proceeds . . . said Attorney shall obtain possession of the Real & Personal Estate or any part thereof . . . to make and execute any Leases for the Best Improved yearly Rents that can be gotten . . . to give and grant said Attorney full power & Authority to settle any disputes etc etc.” [Signed by Peter Richards Jun., Mary Richards and Alice Lee; witnesses: James Salter, John Hall, Joseph Hall.] [Recorded: 6 Aug. 1771 in Frederick Co VA Deed Book 15, p. 41; Gilreath vol. 5, p. 7.]
1771, January 2 – Power of Attorney for Jonathan Richards (same as above) appointing his brother Henry Richards to “take care of his Title and interest in the above land”. [Signed Jonathan Richards; witnessed by John Lee, John Hall and Joseph Hall.][Recorded 6 Aug. 1771 in Frederick Co VA Deed Book 15, p. 43; Gilreath vol. 5, p. 8.]
1772, April 10, 11 – Sale (L&R) by Robert Marney and his wife of Hampshire County, Virginia to Henry Richards of a 160 acre tract of land on Duck Run in Frederick County “corner to William Russell” (referring to the June 20, 1754 Proprietor's grant of such land to Robert Marney). Signed by mark of Robert Marney. Witnesses Joseph Longacre and John Erwin. [Deed Book 15, p. 335 (sic, 325) & p. 326 (or could it be 335 & 336?); recorded Aug. 4, 1772; Gilreath vol. 5, p. 62.]
1772, Oct. 2, 3 – Sale (L&R) by James Price of Hampshire County to Adam Shriver of Frederick County of a 204 acre tract of land “on the westerly side of Cedar Creek . . . corner of Andrew Vance's Land . . . in John Richards line”. [Deed Book 15, pp. 407, 408; recorded Nov. 4, 1772; Gilreath vol. 5, p. 81.]
1773, Sept. 9 – Deed from Henry Richards of Frederick County to John Lee “late of England” 353 acres on both sides of Ceider Creek, referring to “line of Robert Marney”; and also a 150 acre tract on the north side of Ceider Creek “corner to said Richards former Survey”. Signed by Henry Richards. Witnesses John Skelding and John Pedan. [Recorded Sept. 9, 1773 in Deed Book 16, p. 215; Gilreath vol.5, p. 113.]
1773, Sept. 9 – Deed from John Lee to Henry Richards of a 400 acre tract of land “on the west bank of Ceider Creek . . . near Benjamin Frys Corner; and also a 250 acre tract on the “N.E. Side of Ceider Creek . . . by James Sears's line. Signed by John Lee. Witnesses John Skelding and John Pedan. [Recorded Sept. 9, 1773 in Deed Book 16, p. 217; Gilreath vol.5, p. 113.]
1773, Sept. 9 - “Peter Richards five children divided the Fairfax grant lands on this date. Henry Richards of Frederick County, Virginia received the 400-acre and 250-acre tracts. John Lee, acting with power of attorney for Peter Richards Jr., Mary Richards, Jonathon Richards and Alice Lee (wife of John) all of England, received the 150-acre and 353-acre tracts.” [O'Dell] [Note: On page 26 of the Cassandra Richard “fulling mill thesis” is her statement that there is an April 1772 deed from Robert Marney of Hampshire County to Henry Richards of a tract of land on Duck Run, and also a Sept. 1773 John Lee exchange of land with Henry Richards; and “[B]y these two transactions Henry Richards became sole owner of an undeveloped mill site on which would be constructed a mill.” It appears that the land in question may not be the same land as the 100 acres sold in 1763 by the Dyers to William Russell.
1775, Dec. 1 - Indenture “between Peter Richards and Mary Richards of Budleigh [Devon] Children of Peter Richards of the same place dec'd. By their Attorney John Lee . . . John Lee now of the City of Burlington [West Jersey] and Alice his wife [another child of Peter Richards dec'd.] to Thomas P. Hawlings [of Burlington] Esq. . . . Whereas John Richards late of the County of Frederick dec'd. Was in his life time seized [owner] of several tracts of land situate in Frederick County and made his last Will & Testament the 28th Nov. 1749 and therein did give and devise unto his Brother Peter's Children all his Estate real and personal to be equally divided unto his Brother Peter's Children all his Estate real and personal to be equally divided between them and soon after died . . . And whereas Henry Richards one of the sons of said Peter Richards came over to this Country which by Will aforesaid entitled to one moiety of said Estate . . . and whereas Jonathan Richards [another of Peter Richard's children] did constitute and appoint said Henry Richards his lawful attorney to sell and dispose . . . “ the parties of the first part for 292 pounds 10 shillings convey to the parties of the second part two tracts in Frederick County on both sides of Cedar Creek containing 353 acres. Signed by John Lee, Alice Lee, Peter Richards and Mary Richards; witnessed by Daniel Ellis, Abrm. Hewlings, William Smith, Thos. Rodman. [Recorded April 6, 1784 in Deed Book 20, p. 117; Gilreath vol. 7, pp. 90, 91.] [Note: There is another summary of this document at p. 5 in an online book called “They Went Thataway”; it makes a reference to Joseph Fawcett and William Russell being chosen as arbitrators, and it includes this information: “The land involved consisted of two tracts for 353 acres and 150 acres, a total of 503 acres. Recorded 6 April 1784 (ibid, page 121).
1775, Dec. 1 – at Burlington NJ Alice Lee wife of John Lee released Dower rights to the above land. Thomas Redman, Daniel Ellis. [Recorded in Deed Book 20, p. 120; Gilreath vol. 7., p. 91.]
1776, Oct. 30 – Thomas Hewlings of Burlington, West Jersey sold Henry Richards of Cedar Creek in Frederick County, Virginia, for 264 pounds, a tract of 353 acres “on both sides of Cedar Creek . . . by the line of Robert Marney” and a tract of 150 acres on the “north side of Cedar Creek”. Signed by Hewlings. Witnesses: Moses Kempton, Edward Black and Abrm. Hewlings. [Recorded April 6, 1784 in Deed Book 20, p. 121; Gilreath vol. 7, p. 91.]
1777, May 5 – Lord Fairfax granted to Joseph Russell “assignee of William Russell” 39 acres “on the waters of Cedar Creek, pursuant to a Richard Rigg survey, with metes and bounds referring to “William Russell's line, extending along Shriver's”; “Michael Poker's corner”; and “corner to Russell and Poker”. [Note: Joseph Russell sold this land to Henry Richards in 1785.]
1777, May 29 - William Russell made his Last Will & Testament. It was proved on Sept. 1? of that year. He devised to his son James the 100 acres on Duck Run where he was then living, “together with the fulling mill”; to his son Joseph “Dyer's Place” (100 acres); and to son Moses the land where the testator lived “except the 100 acres given to James”.
1778, June 1 – Henry and Jane Richards and Jonathan Richards of Easterleigh [Devon] “the said Henry and Jonathan being sons of Peter Richards of Easterleigh who was the brother of John Richards “late of Frederick County . . . husbandman now deceased” sold to Jacob Huffman, for 700 pounds, a tract of 250 acres on Cedar Creek “being the same that was granted to said John Richards dec'd. By Deed from the Proprietor” on Jan. 17, 1767. Signed by Henry, Jane and Jonathan Richard; witnesses: Joseph Longacre and “illegible”. [Recorded June 1, 1779 in Deed Book 18, p. 203; Gilreath vol. 6, p. 120.]
1785, Sept. 5, 6 – Sale of two tracts (by L&R) by Joseph Russell late of Frederick County and now of Shenandoa (sic) County to Henry “Richart blacksmith” of Frederick County of 100 acres “in William Russell's line” and of 39 acres “on the waters of Cedar Creek “Adam Shrivers Corner”, “Michael Poker's Corner”. Signed by Joseph and Margaret Russell. Witnessed by Joseph Longacre and Daniel Brooks. [Recorded on Sept. 6, 1785 in Deed Book 21, p. 83 & P. 85; Gilreath, vol. 8, p.15.] [Note: The 100 acre tract was that mentioned in the 1777 Will of Joseph's father, and seems to be “Dyer's Place; the 39 acre tract was received by Joseph in 1777 from Lord Fairfax.]
1789, August 27 - Henry Richards (assignee of John Lee) received a 68 acre grant from the Proprietor, according to the recorded Richard Rigg survey of January 15, 1781 for John Lee of West New Jersey. The survey indicated that the 68 acres adjoined John Lee's land, “and Henry Richards on the drains of Cedar Creek, with metes and bounds references to “John Lee's 353 acres purchased from Robert Marney; Elias Keckleys corner; John Lee's 150 acre tract; corner to Henry Richard's 153 acres. The survey shows the 68 acres as being north (approx.) of “Richards decded Land”.
1790, Sept 5 - Survey for Moses Russell (assignee of James Russell) of an 8 1/2 acre tract upon Duck Run with a metes and bounds description mentioning "line of William Russell deceas'd", "corner to Henry Richards", and "line of Capt. Henry Richards". B. Ashby, surveyor; chain men David Fuller and Richard Longacre.
1809, May 12 - James Russell made his Will this day. [Source: Frederick County Will Book 11, pp. 218-220.] He beqeathed to his son-in-law Henry Richards the 100 acres on which James was then living. This is the acreage with the fulling mill that James had received pursuant to the 1777 Will of his father William Russell.
References to Cassandra Richard's thesis are to “The Fulling Mill at Mountain Falls, Virginia : An Ethnographic History, a Thesis presented by Cassandra Faye Richard in 1987 to the Faculty of the Department of Anthropology of the College of William and Mary in Virginia”. Access to a copy was obtained by inter-library loan from the College library.
Kercheval's 1833 book described the actual mountain falls (which is about a mile away from the crossroads where the Village of Mountain Falls now exists) as being about two miles from Moses Russell's residence. He said that Pembroke Springs was about one mile south of where Moses lived. The 1825 Boye map calls the crossroads “Pembrook”. “Not until the 1885 Atlas is the village at the crossroads referred to as “Mountain Falls”. On today's map the village is near the junction of county roads 606 and 608 with county road 600; that is the crossroads. These maps were in the Richard thesis.
Using Kercheval's measurements, Moses Russell would have lived at the point where county road #600 crosses Duck Run. This is exactly where the ruins of a fulling mill were examined by Cassandra Richard in the mid 1980's, according to the Thesis. She believed this to be the Richards' mill and mentioned that the lower level had been used by a blacksmith.
There was a fulling and oil mill referred to in the thesis (shown on the 1825 map by Boye). It appears downstream on Duck Run from the ruins, approximately just below the confluence of Old Furnace Run with Duck Run. On the 1864 map by Gilmer, there is a “Russell's Mill” which seems to be well upstream of this fulling and oil mill.
Several of the early maps included in the thesis seem out of scale.
“The Mill would be built on Duck Run, a tributary of Cedar Creek, a mile from the village of Mountain Falls . . . .” [Source: p. 25 of the thesis.] A mile from the crossroads in the village is where Cassandra Richard observed the mill ruins on Duck Run just off route #600.
The thesis includes the information that Henry Richard's 1793 Will disclosed that Henry owned “several tracts of land, mills, and a large family of slaves.” [Source: p. 27 of the thesis.] Referring to the Boye 1809 map, Cassandra Richard noted that there were two mills on Duck Run, and concluded that the one “closest to the mouth of the Run is the Fulling Mill”. [Source: p. 29 of the thesis.]
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