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Deed From Lord Fairfax To John Yoho |
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Deed From John Yoho To Alexander Machir |
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Preliminary Search For Present Day Location |
Interpretation of Deed
In 1771, John Yoho sold 246 acres of land near Winchester Va. to Alexander Machir.. This land was originally deeded to John Yoho from Lord Fairfax in 1766. Some have assumed that this John is Johannes Joho the original immigrant.. My hypothesis is that the John of this deed is the son of Johannes.
The land sold by John Yoho in 1771 is signed John "O" Yoho.. In records of birth, Johannes' name is spelled in the european manner.. No middle name or initial was used..
An e-mail from Page Miller on 12/13/05 has given new information concerning the use of "O" in John's name. I had incorrectly assumed that the "O" was a middle name but Page Miller presented convincing argument that the "O" is actually John's mark. John evidently preferred an "O" to an "X" to signify his name was correct.
Good Morning Tim Yoho,
I am currently researching my ancestors in western Pennsylvania . This includes the YOHO family. I have found the YOHO Family Page very informative and helpful.
On the page: there is an explanation of the John "O" signature that I believe should be revisited. It states: "The above signature is a copy of a copy so the quality is not good. The John Yoho of this signature clearly has an "O" initial for a middle name. The name is followed by what appear to be initials "J o Y" Under the name is another signature that may be "A Machir" for Alexander Machir Proceeding John's name is the word "His" surrounded by a scrolled loop."
I suggest that if the signature is revisited, you will see that the "His" is the word above the signature as stated, but the word below the signature is "Mark" not "A Machir". The "O" is John YOHO's mark. He must have been an individualist and didn't go for the typical "X".
This signature arrangement is very typical on the old Deeds.
Hope this is of help.
The above information does negate one of my arguments that the John Yoho of the Fairfax Deed was not Johannes Yoho but his son John. I am still however not convinced that Johannes is the signer of this deed.
The war record of Henry son of Johannes states that he moved with his fathers family to western virginia when he was eleven years old.. Since Henry was born in 1752 that would mean he and his father (Johannes) left Winchester in approximately 1763. It doesn't seem likely that Johannes would stay behind in Winchester while his family moved. It seems more likely that Johannes' son John stayed behind and was granted land by Thomas Lord Fairfax in 1766.. John Jr. would have been twenty years old when granted the land and twenty five when he then sold that land in 1771 and joined his family in Western Virginia.
The deed is from Deed Book 15 p. 233. County Clerk, Frederick County Winchester Virginia. It is written in the typical legal jargon of the times and could have been condensed to about half of its length. I have "translated" the deed to the best of my understanding but there are still words difficult to interpret. These appear as a "?".
THIS INDENTURE made the two and twentieth day of July in the year of our Lord one thousand seven hundred and seventy one BETWEEN John Yoho of the County of Frederick colony of Virginia of the one part and Alexander Machir of the county and colony on the other part. WITNESSETH that the said John Yoho for and in consideration of the sum of five shillings in current money of Virginia to him on hand paid by the said Alexander Machir at or before the sealing and delivery of these presents the receipt whereof hereby acknowledged hath granted bargain ? and so to and by there presents doth grant bargain and so to unto the said Alexander Machir a certain tract of land on Cedar Creek in the said county and colony above mentioned and bounded as by survey thereof by Robert Rutherford BEGINNING on the northwesterly side of the creek near the bank of the same at a locust and two young white oaks extending N. by ? W. one hundred and twenty four poles by two white oaks on a level then S. by ? W. three hundred poles to a red oak and two chestnuts by a large rock stone on a high ridge and white oak sapling by a steep bank of the creek a corner to Thomas Berry (or Perry) then with his line the course continues forty six poles in the line crossing the creek then S. by ? E. three hundred and thirty two poles to the beginning containing two hundred and forty six acres which said land was given granted and confirmed to the said John Yoho by the Right Hon. Thomas Lord Fairfax by a deed bearning date the nineteenth day of August A. Dom (of our Lord) one thousand seven hundred and sixty and six registered in the proprietors office in book 141 and all houses buildings orchards ways waters water courses profits commodities hereditaments and appurtenances whatever to the said premises hereby granted any part of any part thereof belonging or in anywise appertaining and the reversion and reversions remainder and remainders rents gifts and profits thereof, TO HAVE AND TO HOLD the lands hereby conveyed and all and singular other the premise hereby granted with the appurtenances unto the said Alexander Machir his executors administrators and assigns from the day before the date hereof for and during the full term and time of one whole year from thence next ensuing fully to be complete and ended YIELDING AND PAYING therefoe the rent of one pepper corn on Sady (sic) day next if the same shall be lawfully demanded to the intent and purpose that by virtue of these presents and of the statute for transferring user into possession the said Alexander Machir may be in actural possession of the premises and be thereby enabled to accept and take a grant and release of the reversion and inheritance thereof to him and his heirs, IN WITNESS wherof the said John Yoho hath here unto set his hand and seal the day and year firs above written.
RECEIVED this twenty third day of July 1771 of Alexander Machir the sum of sixty pound current money of Virginia the consideration mentioned in the within ?
His
John O Yoho (name was initaled J o Y).
"Mark"Note: The "Mark" means John used an "O" to Mark or agree that his name was correct.
Statement continued and held for Frederick County the 6th day of Nov 1771. This indenture and the receipt endorsed were proved by the oaths of Simon Harr Michael Reager and Andrew Carnegy witnesses thereto and ordered to be recorded.
In an attempt to find where this land is located today, I wrote many letters to churches and historical organizations in the Winchester area asking about the name Yoho and Machir. One response came from Virginia Cadden of Strasburg Virginia dated Jan 23, 1979:
As for Alexander Machir and the hotel.... 1772, Alexander Machir was a justice from Dunmore (Shenandonah now) County which includes Strasburg. Dr. John Wayland in his history of the county says that he may have lived in or near Strasburg.
The Machir Hotel is located on the corner of Washington and Fort Streets, and was in my life time owned by Mary Machir widow of Lewis Machir. Friends believe that Arthur was the name of Lewis's father. The building still stands, but is now vacant. It would be about 3 miles to Cedar Creek from its vicinity (Cedar Creek is where John's land was located).
Another letter was received from Hugh L. Yoho of Sunland California also in 1979. Hugh had attempted to pinpoint the location of John's land and wrote:
I took the land description from the Lord Fairfax document and drew it to scale on tracing paper. The bearings and distances don't quite work out correctly. At any rate, I obtained a geological survey map of the Cedar Creek area at the same scale as the tracing and tried to fit the parcel of land to the map keeping in mind that the creek had to be crossed at certain places in certain directions and found a location that seemed to be reasonable. However, after all these years, it is hard to tell how the course and meanders of the stream have changed.
As to the fate of John Yoho, I received correspondence from "Bunny" Napoleon Yoho and his daughter Faith Yoho Jaycox that John may have settled near Pittsburg in the Beaver Falls area. Additional information from Richard E. Henthorn of Hyattsville MD also supports this data. Richard has researched a family tree that goes back to a John Yoho living from 1799-1888 in Beaver and Chewton PA. This John is probably either a son or grandson of the John born in 1746. Hugh Yoho reports that the John born in 1799 is a son of Jacob Yoho born 1775 and thinks Jacob is the son of Johannes and brother to Peter and Henry.
Note:
Hugh Yoho did a detailed investigation of John's land in 2002. Photographs of present day site were taken.. This information is included on a new page (Main Menu)
