Colonial Williamsburg Digital Library

Artifact # 1A-5-2

Bassett Hall
Utility Trench, 50' into field 4/29/82

• Chinese porcelain, overglazed red & gold, underglazed blue
• Opaque white "porcelain" whiteware
• Whiteware saucer & plate frags.
• Pearlware (platter?) base frags.
• Shell mortar or plaster
• Mortar, modern with grout
• Whiteware, T.P. pale blue
• Porcelaneous plate frag, blue transfer printed
• Chinese porcelain, blue underglazed
• Creamware, annular
• Creamware, plain
• 18 C. wine bottle glass
• Glass, modern green
• Yorktown, buff coarseware
• Glass, clear, drinking vessel?
• White Salt Glazed Stoneware, dipped
• Glass, window, modern
• Nails, iron
• Brown Stoneware
• White Kaolin pipe stem
• Bone
• Plaster, lath marked
• Unglazed red coarseware flower pot stand
• Brick, bat, burned
• Wooden window muntin frag.
• Iron wire
• Cast iron pipe frag.
• Brass misc.
• Brass, spoon?, handle frag.

Artifact #7B-1

Bassett Hall
Utility Trench 4/29/82

• Iron Coffee Mill handle
• Iron bolt discarded 8/11/83 BP
• Iron horseshoe frag. discarded 8/11/83 BP
• Iron carriage? fitting
• Iron round head bolt discarded 8/11/83 BP
• Stone, natural discarded 8/11/83 BP
• Pearlware, H.P. blue
• Porcelaneous, molded, gilded saucer frags
• White Salt Glazed rolled rim chamber pot frags
• Chinese Porcelain, blue underglazed lid & cup frags, Canton
• Whiteware
• 18 C. (late) wine bottle
• Redware Doorknob

Artifact # 7B-1

Bassett Hall
Utility Trench 4/30/82

• Glass, clear, modern, molded wine bottle, 1 pint capacity marked, "MONARCH WINES"
• Bone discarded 8/11/83 BP
• Glass, pale aqua, bottle , molded (2 necks, 1 base frag)
• Glass, brown, modern beer bottle?) iron - discarded 8/11/83 BP
• Nails, iron - discarded 8/11/83 BP
• Glass, 18 C. wine bottle base frags discarded 8/11/83 BP
• Glass, clear, modern, preserve jar lid
• Glass, clear, modern, molded bottle base or possible decanter?
• American stoneware, blue and grey pitcher frags, incised capacity mark: 1½
• Porcelaneous, white
• Pearlware, T.P. blue plate frag.
• Whiteware, molded, plain
• Glass, clear, modern discarded 8/11/83 BP
• Glass, window pane, modern? discarded 8/11/83 BP
• Brass spoon bowl

Artifact # 1A-5-1

Bassett Hall
Spoil 6/9/82

• American stoneware, blue and grey
• Glass, 18 c. wine bottle frags discarded 8/11/83 BP
• Salt Glazed Stoneware, scratch blue, debased
• Chinese porcelain
• Glass, modern, cobalt blue discarded 8/11/83 BP
• Whiteware, plate or saucer base frag. green T.P. mark on bottom,
  ...P. CO
  ..._V
  ...ING, O.

Artifact # 1A-5-2

Bassett Hall
Utility Trench, 1st field area from road to 30' south

• Whiteware
• Porcelaneous door knob? frag.
• Pearlware, green shell edge plate
• Flint, knapped edge
• delftware, blue on white bowl frag
• Glass, 18 c. wine bottle frags
• Whiteware, blue T.P. plate or soup plate

1A-5-1

Bassett Hall
Utility Trench

• Glass, pale green
• Whiteware, annular, banded, polychrome
• Whiteware, plain, plate rim
• Whiteware, polychrome, cup frags?

1A-5-1

Bassett Hall
Utility Trench 6/16/82

• Glass, 18 c. late or 19 c. early molded kick bottle
• Glass, clear, molded jar frag. screw top discarded 8/12/83 BP
• Brown stoneware, bottle? frag.
• German, blue and grey stoneware frag

1A-5-1

Bassett Hall
Utility Trench 6/15/82

• American stoneware, Albany slip-type interior glaze
• Creamware, plain
• Glass, 18 c. bottle
• White Salt Glazed Stoneware frag

1A-5-1

Bassett Hall
Utility Trench 5/12/82

• Creamware, plain cup frag
• Pearlware, blue shell edge plate frag
• Porcelaneous, whiteware cup (London shape)

1A-5-1

Bassett Hall
Utility Trench 6/18/82

• Glass, 19 c. green bottle
• delftware, glaze sherd, plain white
• Chinese porcelain, overglazed gold, underglazed blue
• Nail, iron discarded 8/12/83 BP
• Pearlware, T.P. blue plate frag
• Pearlware, blue shell edge plate rim frag
• Creamware/whiteware
• North Devon, gravel tempered, coarseware
• Redware, clear lead glazed
• Glass, window
• White Salt Glazed Stoneware

1A-5-1

Bassett Hall
Utility Trench 6/23/82

• Glass, pale aqua, bottle, molded with letter "D"
• Glass, window, pale green discarded 8/12/83 BP
• Glass, 18 c. wine bottle

1A-5-2

Bassett Hall

Utility Trench, 50' into field

• delftware, blue on white, drug pot, and plain white bowl rim frag
• Door knobs, iron
• Brass misc.
• Iron misc.
• Side cutters? iron, possible electrician's pliers

EXCAVATIONS

Bassett Hall Property : The removal of a large boxwood from this site by the Landscape Department on April 16, produced a quantity of bottle and carboy fragments. Some are thought to be of American manufacture dating from the fourth quarter of the eighteenth century. The hole was located off the southwest corner of the smokehouse (see attached plan), and the artifacts were reportedly found in undisturbed stratigraphy there. The work had been completed and the hole backfilled before this department learned of the discoveries.

Public Hospital Site : This season's activity began on April 11, in the area of the hospital's southerly porch. The initial work was confined to removing various layers of straw, leaves, and plastic put there last winter to protect the strata and foundations from the elements. Two new areas located east of the porch were topsoil and the modern intrusions removed, so by the first part of May, work will begin on the dismantling of the many paving layers in this area.

WORK ON THE COLLECTIONS

Final storage of the artifacts from the Public Hospital excavations of 1972 continues and it is hoped to have the indices ready for typing by the end of May. The finds from the Miller-Peyton Randolph lot have been indexed and stored. Work has been resumed on the final indexing of the James Geddy artifacts, a task which will be worked upon whenever the processing of the finds from the current Public Hospital excavation permits.

Other projects undertaken but not completed during April included some further study of English porcelain, a survey of sites in Williamsburg from which delft tiles were excavated, continuing work on the museum project, and cataloging of the objects illustrated in the gardening booklet.

[illegible]The [illegible]ons

The processing of the Anderson artifacts continues, as does the preparation of the indices. It is hoped to begin the cross mending in mid-November.

Other projects undertaken this month have included the provision of items suitable for reproduction by the Merchandising Department, and the selection and cataloging of slides for Mr. Noël Hume's lectures.

[HIS]TORY

EXCAVATION

Excavations at the Public Hospital during April have uncovered additional details of the 1844 wing (see Figure 1), a four foot wide robber trench marks the position of the south or back wall of the wing. To date, the trench extends a distance of 75' without any indication of turning. The robber trench apparently was dug not only to salvage bricks from the foundation wall of the wing which was completely robbed, but also from a wall located 09" outside the addition. This secondary wall, portions of which are still intact, may have been an area wall or possibly facilitated drainage around the addition.

The north or front wall of the wing also was robbed, leaving only a trench to show where it had stood. Like the south face of the east wing, a brick foundation was also found just outside the front wall. A portion of vaulted brick drain was found at the northwest corner of the wing. The drain is oval in section, an unusual construction technique. Above the drain, additional brickwork was discovered, perhaps the remains of a manhole allowing access to it.

Much of the wing's semi-basement apparently possessed a brick floor covered with a layer of concrete. However, one ten foot square (ER 2273) revealed a series of slots for seating sleepers. This different floor treatment suggests that the room or rooms over it were employed for a different or special function, as yet unidentified.

Portions of the exercise yard wall which predated the addition have also been uncovered. About two feet outside the south wall of the 1844 wing, 66 feet of the ca. 1800 exercise yard wall has been found. Modern utilities have obliterated the west end of the wall where would have adjoined the main building.

Additionally, the Department of Archaeology has periodically checked on the excavation of numerous utility trenches in the restored area. One such trench at Bassett Hall was found to have cut through a trash pit dating from the late 17th century to the early 18th century, (see Figure 2).

[WO]RK ON THE [CO]LLECTIONS

The processing of the current finds from the Public Hospital site is behind schedule.

BASSETT HALL — 1A 4/80
FIGURE 2

BASSETT HALL — 1A 4/80
ER 2185-1A

NICHOLAS/TYLER

On Monday, May 5th, the Archaeology Department received word that artifacts had been unearthed by a backhoe while digging a water line trench across the Nicholas/Tyler lot (Block 4, Area A). Upon examining the trench, the decision was made that the remainder of the feature within the proposed trench should be excavated archaeologically. Removal of the artifact laden fill (E.R. 2186F,G-4A) revealed a flat bottomed, vertical sided hole cut into the natural clay. The hole, measuring 19' 03" N/S was set on a north/south axis, and appeared to be the trash filled remains of a brick-robbed cellar (see Figure 2). A silted ditch or ravine (E.R. 2186H-4A), set on a northwest/southeast axis was located beneath the floor of the cellar, thus pre-dating it, (see Figure 2). The cellar's primary fill contained large quantities of domestic trash dating to the first quarter of the 18th century, but the silt-filled ditch was free of cultural material.

Late in April, a hole (E.R. 2184-4A) some eight feet east of the trench had been investigated when a boxwood was removed. That hole revealed a trash-filled feature cutting across the west side, one later identified as the east side of the cellar hole. The combination of the evidence from these two investigations provided the location for the south, east and north limits of the cellar. All of the above features were recorded, and then backfilled so that they might be preserved for future excavation.

BASSETT HALL

In May several important archaeological features were discovered during construction and renovation projects at Bassett Hall (Block 1, Area A).

A trash pit (E.R. 2185-lA) dating to the late 18th century had been unearthed while digging a utility trench. This feature, located some 35 feet east of the main house (see Figure 3) contained many 18th century wine bottle fragments and other domestic trash. An unusual surface fine from the vicinity of the pit was a variegated green marble doorknob with a cameo inset, which appears to date around 1810-1830. After recording, the trench was backfilled to preserve the pit for future excavation.

The removal of an oil storage tank on May 14th uncovered the remains of a brick foundation (see Figure 3). Located some 12 feet north of the new Bassett Hall reception building (Building [Pag]e 3 22-B), the foundation was determined to be that of an early 18th-century building that had been excavated by Mr. Herbert Ragland in 1932. As the feature had already been investigated it was recorded, photographed and backfilled.

While investigating the previously mentioned foundation, time was taken to look for features in the area recently cleared for a parking lot (see Figure 3). This investigation brought to light the existence of a cemetery containing, perhaps, eighteen graves (see Figure 3). The evidently Christian burial ground (possibly enclosed within post and rail fences) appeared to contain the graves of adults, adolescents, and infants. That determination was based solely on the size of the graves themselves, for none of the graves were investigated. Consequently no determination could be made as to race or age of the burials, although they probably date to a period before 1860-65 as no documentation mentioning the location of the cemetery exists. After conferring with the Colonial Williamsburg legal offices the decision was made to leave the graves undisturbed After recording the positions of the burials, the area was released to the contractor for completion of the parking area.

In it's southwest corner, some 35 feet east of the Building 22-B, a well was discovered (see Figure 3). The greatly eroded sides of the well shaft measured 9 feet east-west by 8 feet north-south within the cleared area and contained four layers. The capping layer (E.R. 2190A-1A), dating to the second half of the 18th century was composed of dark loam fill used to level out a sink hole. Beneath that layer was found a fill, (E.R. 2190B-1A), made up of brickbats, mortar lumps, oyster shells and domestic trash was cut by E.R. 2190A, extended to a depth of 7 feet and contained many interesting artifacts. A medal commemorating the victory of Admiral Vernon at Porto Bello in November, 1739 providing a terminus post quem for the fill.

Sealed by E.R. 219OB-lA were two tips, dating to the same period, E.R. 219OC-lA composed of brickbats in a matrix of brick dust and E.R. 219OD-lA made up of brickbats and pink ash. The presence of chimney bricks and burned plaster tends to indicate that the layers E.R. 2190B,C,D,-1A were made up of material generated from the dismantling of a previously burned structure.

At the 7 foot level a 3 inch to 5 inch layer of claylike silt, measuring 3' 09" by 4 feet was discovered. Test cuts were made below this level to determine if the well fill continued and if any brick lining could be found. After resolving that the fill did continue below the silt layer and that no lining was to be reached with a three foot probe, the feature was recorded, backfilled and preserved for future excavation.

In spite of the presence in the A level of a finger-nail sized sherd of creamware, the deposit seems to date ca. 1745-50, and the late fragment to be intrusive.

A small silt-filled gully dating to the 18th century was discovered 6 feet north of the well. This erosion channel (E.R. 2189A,B,C-1A) running some 25 feet within the parking area on an east/west axis was tested but not fully excavated (see Figure 3). Elevation determined that the feature was falling to the east toward a large ravine. Some of the artifacts, including a partially melted bell-metal pot leg, showed evidence of having been in a fire.

[WO]RK ON THE [CO]LLECTION

The processing of the current finds from the Public Hospital Site is behind schedule. Those from the Bassett Hall excavation have been washed and are awaiting indexing. The unnumbered finds from the Nicholas-Tyler excavation have been boxed and placed into storage for future study.

[BUI]LDING [MA]INTENANCE

The electric range in the Conservation Laboratory was inspected on the 27th and found to have several circuit malfunctions. The unit is presently out of service until a replacement can be obtained.

Light bulbs and a new ballast starter were installed in one of the lighting fixtures in the laboratory on the 27th.

The air conditioner unit in Study Collection Room II discharged water onto the floor and underneath the drawer storage units on the 30th. Repair work was begun by the Construction and Maintenance Department, on the 30th and completed on the 2nd of June.

BASSETT HALL — 1A
MONTHLY REPORT MAY 1980

[WOR]K ON THE [COL]LECTIONS

Steady progress is being made in reducing the large backlog of numbering of the current finds from the Public Hospital Site.

Crossmend lists for Martin's Hundred Site H have been completed and work is proceeding with the excavated bone from Sites H, B, E, J, and the Company barn area of Site C. These specimens are being prepared for analysis by Dr. Stanley Olsen of the University of Arizona.

BASSETT HALL STRUCTURAL FIND
MARCH 1981

WORK ON THE COLLECTIONS

The items selected for drawer storage from the Nicolson House excavation were added to the collection on April 1.

The maintenance survey of the E.R. Collection continued on April 4 with the metal objects from Wetherburn's Tavern and the Custis site being examined.

The material from the Firehouse excavation has been washed and coded for data entry. Approximately 20% of this assemblage has been numbered.

A great deal of effort is being made to number the identifiable faunal material from the Public Hospital, the Firehouse, and the Peyton Randolph excavations. This material will be analyzed by the staff zooarchaeologist when she arrives in July.

The preliminary processing of the current finds from the Peyton Randolph excavation is up to date.

Bassett Hall

On April 27 and 28 the Chesapeake and Potomac Telephone Company installed a telephone cable from a vault box on York Street to the Bassett Hall reception building This line was mechanically plowed underground inside the animal pastures at a distance of three feet from the fence line. No observation of archaeological evidence was possible along the line of the plowed cable. However, when manually excavating an area near the telephone vault on York Street, workers uncovered the remains of a brick sidewalk. Only a small section (3'4" NS x 3'9" EW) remained of the north-south running walkway. The bricks were not joined with mortar, but some were heavily coated with shell mortar, indicating prior usage. There were no artifacts associated with the walkway, which was seated on a thin layer of cinders above sterile subsoil. Only part of this walkway was destroyed by the installation of the telephone cable.

King's Arms Tavern

On April 7 the C&P Telephone Company installed a telephone line into the King's Arms Tavern. While two small holes were manually excavated in the process, the cable was mainly machine-bored under the sidewalk near the front entrance of the tavern. Nothing of archaeological significance was revealed by this work.

Mary Stith Shop

On April 11 the Colonial Williamsburg maintenance crew repaired a broken water line just north of the Mary Stith Shop. A large area (25' EW x 5' NS x 10' deep) was excavated at the south edge of Duke of Gloucester Street. This area had been previously disturbed, and nothing of archaeological significance was observed.

Francis Street

On the morning of April 4, the Chesapeake and Potomac Telephone Company began installation of phone cables along Francis Street. The main cable was run in an east-west direction along Francis Street, with lines running off into the houses to be occupied by dignitaries during the upcoming Economic Summit Meetings. Among the buildings included were the Bracken House, the Lewis House, the Carter-Bracken House, the Moody House, and the Masonic Kitchen. Conduits for existing phone lines were located

LOCATION:

Bassett Hall is located south of Francis Street near the Capitol.

HISTORY:

The well known lots in Williamsburg now called "Bassett Hall," were a part of a large acreage owned by the Bray family in the early eighteenth century. About 1750 the tract comprised about nine hundred and fifty acres in James City County, and four lots in Williamsburg. These lands lay to the south, and southwest of the Capitol; and to the back of Francis Street, adjoining the "Tazewell Hall" tract. A chain to title can be traced to the present time and will be given below.

Although many of the records concerning the property were lost with the destruction of the James City County Records in the Civil War, a few relating to the Bray ownership have survived.

Records of the property from 1751 to 1865 show that the land had become involved in an entailed estate, mortgages and deeds of trust. Records of the entail and the manner of settling the debts of the property owners, are recorded in Hening's Statutes at Large; in the Virginia Gazette; and in manuscript papers at the College of William and Mary.

On November 5th and 6th, 1751, John Blair made the following comment in his Diary:

Mr. Johnson¹ has 9 months given him to consider if he will prosecute his appeals agt Judy Bray Ingles,² 2. and agt Col. Bray's¹ execrs for the 2 moitys of Nances Neck² and Tuttys Neck, but this by consent of partys.

6.
Mr. Johnson's bill in equity against Bray's execrs was red by the court.

(Diary of John Blair, copied from an Almanac 1751, William and Mary Quarterly, Series I., VIII, 14.)

A legal disagreement between Colonel Johnson and the other Bray heirs came to a settlement, doubtless, in 1753. In November Philip Johnson came into possession of the tract of 950 acres thereabout known in later years as the "Bassett Hall lands." According to the terms of entail, the land described above should come into possession of James Bray and his male heirs. If James Bray had no sons, then the property was to be divided equally between the heirs of James Bray and the lawful heir of his sister, Ann Inglis, wife of Mungo Inglis. Thomas Bray, James Bray's eldest son, entered the land and died seised of it, leaving no male heir. However, Bray had a daughter, Elizabeth, wife of Philip Johnson. At a General Court in Williamsburg, October 11, 1752, in a chancery suit between Johnson, plaintiff, and Benjamin Waller and William Prentis, defendants, it was ordered by the court that Waller and Prentis convey unto John Robinson³ and his heirs - all the lands and slaves devised to them by Thomas Bray in trust as to one moiety for Philip Johnson during his life, and after his decease to his children. The result: the lands adjoining Williamsburg in James City County and the two lots between the lots of Benjamin Harrison and Benjamin Waller were awarded to Philip Johnson. (See: An Act … concerning lands in James City and lots in Williamsburg in Hening's Statutes, VI, 412-416., copy in Illustration #1.)

Johnson's plantation is cited in the Virginia Gazette of date, April 4, 1755:

NOTICE is hereby given;
THAT there is a good Stable and Pasture, with all Sorts of Provinder for Horses, at the Plantation of Philip Johnson , near the Capitol in Williamsburg; where Gentlemen may depend on having proper Care taken of their Horses, Carriages, &c. (Virginia Gazette, Hunter, ed., April 4, 1755.)

There is no mention of a dwelling-house. Neither can the bounds of the plantation be defined. However, from the record (as reported in Hening), it is certain that Johnson's plantation comprised a part of the Bray lands which had come by entail to his wife, Elizabeth Bray Johnson.

In 1758 certain lands of Philip Johnson were vested in John Robinson, in trust:

… Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said seventeen acres and twenty-six poles of land, adjoining the southern bounds of the said city of Williamsburg shall be, and the same are hereby vested in the said Philip Johnson, his heirs and assigns; and that the said forty-three acres of land, with the appurtenances, lying in the said parish of Bruton, and county of James City, late the estate of the said John Baskerfield, shall be, and the same are hereby vested in the said John Robinson, his heirs and assigns, in trust, and to and for the same uses that he is and now stands seized of the residue of the said trust lands.

(An Act for vesting certain lands therein mentioned in Philip Johnson, gentlemen; adding the same to the City of Williamsburg, and for other purposes therein mentioned — Hening's Statutes, VII, 247 ff; Sept. 1758)

It was further enacted by the authority aforesaid "That the said seventeen acres and twenty-six poles of land, so laid off by the said Philip Johnson into [thirty] lots, adjoining the said city of Williamsburg, so soon as the said lot shall respectively be built upon, and saved according to the conditions that shall be contained in the deeds of conveyance thereof, shall be added to and made part of the said city …" (Ibid., 248)

Under the conditions of conveyance, houses of some nature must be 4. built upon the land. Johnson¹ was given the nineteen acres and twenty-six poles of land in fee simple; and the forty-three acres of land with the appurtenances… "late the estate of John Baskerfield² contiguous to the nineteen acres and twenty-six poles were vested in John Robinson in trust … for the uses that he is and now stands seized of the residue of the trust land." (Hening, VII, 453, March 1761.)

By 1766 Johnson had become heavily involved in debt. His houses and lots adjoining Williamsburg were advertised for rent:

June 6, 1766.
TO BE RENTED
THE houses, lots, gardens, stable, and pasture, where I lately lived, adjoining the City of Williamsburg , Any person inclinable to rent them for a year, or term of years, may know the terms by applying to Doctor Hay , or Philip Johnson . (Virginia Gazette, Purdie & Dixon, eds.)

There appeared in the Virginia Gazette of April 14, 1768 the following notice from Johnson:

THIS is to request the favour of all my Creditors to meet me at the brick house of Mr. Gabriel Maupin , in Williamsburg , the second day of next month…
Philip Johnson (Virginia Gazette, Purdie & Dixon, eds.)

As John Robinson, trustee of the lands of Johnson, had died by November, 1769, other trustees were appointed to hold the monies and property. According to Bray's will, Philip Johnson, his son-in-law, would have a life right after the death of his wife, Elizabeth.³ These lands described were:

… one messuage, and three hundred and twelve acres of land, adjoining the city of Williamsburg, except nineteen acres, and twenty-six poles, laid off into lots, and annexed to the city of Williamsburg, by an act made in the first year of the reign of his present majesty … also forty-three acres, purchased by 5. Philip Johnson, gentleman, of John Baskerfield, also of six hundred acres, with the appurtenances, called and known by the name of Tutty's Neck, and also of two lots or half acres of land on Francis street, in the city of Williamsburg, situate between the lots of William Pasteur¹ and Benjamin Waller, gentlemen, in trust, as to one moiety thereof for the use of Philip Johnson, gentleman, during his natural life… (Hening's Statutes, VIII, 460-61)

By 1771 Colonel Johnson had rented his house in the city:

WILLIAMSBURG, March 7, 1771.
THE Subscriber begs Leave to acquaint the Gentlemen who favoured him with their Custom that he is now removed to Colonel Johnson's house, behind that of Mr. Waller ; where they may depend upon the best Accommodations for themselves, Servants, and Horses.
RICHARD HUNT SINGLETON. (Virginia Gazette, Purdie & Dixon, eds.)

In the advertisement, Colonel Johnson's house is described as "behind that of Mr. Waller."² Benjamin Waller's residence was located on Francis Street just below the Capitol. The present Bassett Hall is situated to the southwest of the Waller house; which fact leads one to assume that Philip Johnson had built on the site before 1771. The following notice confirms the above statement:

WILLIAMSBURG, OCTOBER 1, 1771. PURSUANT to a late Act of the General Assembly, which hath received the Royal Assent, we propose to sell to the highest Bidders, on Thursday the 31st Instant, at four o'Clock in the Afternoon, before Mr. Southall's door, in this City, the DWELLING-HOUSE, OUTHOUSES, GARDEN, and PASTURE, where Colonel Philip Johnson formerly lived, now in the Tenure of Mr. Richard Hunt Singleton ; also the Remainder of the same Tract of LAND Adjoining the City of Williamsburg , with two LOTS on Francis Street between the LOTS of Mr. Waller and Doctor Pasteur ; the whole to be disposed of together, or in Parcels, as may best suit the Purchasers. At the same time will be sold a Tract of LAND called Tutty's Neck, containing about six Hundred Acres, more or less, very convenient to the City of Williamsburg, whereon are all necessary Houses for Cropping. Two Years Credit will be allowed the Purchasers upon their giving Bonds, with approved Security, payable with Interest from the 6. Dates.

Trustees.
PEYTON RANDOLPH
RO. C. NICHOLAS
LEWIS BURWELL
PHILIP W CLAIBORNE

(Virginia Gazette, Purdie & Dixon, eds., Oct. 31 1771.)

In this notice the property of Colonel Johnson is clearly defined: two lots on Francis Street, a dwelling and outbuildings, and about six hundred acres called "Tutty's Neck," and the remainder of the dwelling-house tract.

Another notice from the Trustees of Johnson's property sheds light on the situation:

WILLIAMSBURG,
November 21, 1771.
THE Trustees, not thinking it proper to proceed on the Sale of Colonel Philip Johnson's Land, near this City, on the 31st of October , last, according to their former Advertisement, without an exact Survey of the valuable Tract called Tutty's Neck, and having the Land contiguous to the Town laid out in small Parcels, nor, give Notice that they intend to sell those lands on Tuesday the 10th of December , at four o'Clock in the Afternoon, before Mr. Southall's Door; when the plan of the Survey and Division will be shown to any who are inclined to buy. The Purchasers will be allowed two years Credit; and it is expected they are to give Bonds, with unexceptionable Securities, which are to carry Interest from the Time they bear Date.
Trustees.
PEYTON RANDOLPH
RO. C. NICHOLAS
LEWIS BURWELL
PHILIP W CLAIBORNE (Virginia Gazette, Purdie & Dixon, eds.)

Though effort had been made by the Trustees, no sale had been completed in January , 1772. Singleton was, apparently, renting the Johnson property:

WILLIAMSBURG,
January 27, 1772.
THE Subscriber begs Leave to inform the Publick that he still continues to occupy the House, on the South Side of the Capitol, where the Gentlemen Burgesses may depend upon the best Treatment, on the most reasonable Terms, from
Their very humble Servant,
RICHARD SINGLETON.
N.B. Good stables, Pastures, &c. (Virginia Gazette, Purdie & Dixon, eds.)

The dwelling-house of Colonel Johnson had not been sold in April, 1773:

To be SOLD, on Friday the 30th Instant (April) at five o'Clock in the Afternoon, before Mr. Southall's Door , in Williamsburg,
The Dwellinghouse, Outhouses, Lots, and Pasture, where Colonel Philip Johnson formerly lived, in this City. The Commodiousness of their Situation need not be described, as it is so well known. Any Person inclining to purchase may in the mean Time treat with Peyton Randolph and Robert Carter Nicholas , Esquires. The tenement may be entered upon immediately, and the Purchaser, will have Credit till next Christmas , paying Interest from the Day of Sale, and giving Bond, with approved Security. (Virginia Gazette, Purdie & Dixon, eds.)

In October, 1773, Colonel Johnson was serving as justice of James City County. (Ibid.) A runaway who was the property of Johnson had been hired to Thomas Skinner by the trustees for almost four years. In October 1774, Skinner sent notice that he suspected that the runaway was harbored at one of Johnson's quarters. The trustees of Johnson's property were still in power at this date.

Colonel Johnson resigned in 1776 as county lieutenant of James City on account of age and infirmaties. (Journal of the Council of Virginia, I, 254.) He had served also as a member of the committee of safety. (William and Mary Quarterly, V, 104.)

The property of Johnson had not been sold in 1777.¹ Effort was still being made by the trustees to pay creditors: 8.

WILLIAMSBURG,
February 26, 1777.
THE Trustees of Col. Philip Johnson being anxious to settle his Affairs, and having good Prospect of paying in a short time, the Demands of such of his Creditors as acceded to the Deed of Trust, desire a meeting of those Creditors at the House of Mr. James Southall in this city, on Thursday the 13th of March next. If any of them should be unable to attend, they are requested to send their claims properly stated. All those indebted to the Trust Estate for the Hire of Negroes, or other wise, are desired to make immediate Payments to Mr. John Watkins of King William County, who will attend here the same Day. No indulgences can be given .
THE TRUSTEES. (Virginia Gazette, Dixon & Hunter, eds.)

On the Galt Map (1780?) Johnson's land lies to the east of Tazewell Hall. On Rochambeau's Map (1782) of this area, Johnston's Mill¹ is situated to the southeast of King's Mill. On the Frenchman's Map (1782) the dwelling house, rectangular in shape with rear wing, is placed about 400 feet from street [Francis street]. There are three out-buildings about 50 feet to the rear, and 2 out-buildings in right-rear and left-rear about 25 feet and 350 feet, respectively, from the dwelling. The dwelling sets about 500 feet from the Waller house. A rectangular-shaped yard is about 400 feet by 200 feet with a small building in the northwest corner on the street. The outbuildings are not inclosed in the 250 by 200 feet area. (See: architect's drawing from the Frenchman's Map, Illustration #3) Also included in illustration #3 is an archaeological report by Herbert S. Ragland, 1932, concerning the old foundations found on the property.

The land tax records for James City County indicate that Philip Johnson paid taxes in 1787 on 204 acres of land at 9/8 per acre; valued at $98.12. (Illustration #2)

In December 1788, it became necessary to appoint other trustees 9. of the Johnson property. (Hening's Statutes, XII, 716-17)

On March 19, 1789 the newspaper reported the death of Colonel Johnson:

DEATHS. Departed this life on the 15th Instant Mr. PHILIP JOHNSTON [Johnson?] of James City county. (Virginia Gazette & Weekly Advertiser, Nicholson ed.)

The College Map (1791?) shows Johnson's land to the east of Tasewell's [Tazewell Hall] and south of Hubbard, Waters, Bassett and the Corporation lots. See also Bucktrout Map (1803) for locations. (Research Department has copies of these maps.)

Several deeds to adjoining property around 1800-1806 as well as insurance policies of the Mutual Assurance Society on the Semple property, indicate that Burwell Bassett¹ had become the owner of Philip Johnson's lots and lands in and adjoining Williamsburg. A deed from Lewis Saunders to Littleton Tazewell located Bassett on the land formerly owned by Johnson: "…The greater tract by the lands of Burwell Bassett, by those of Littleton Tazewell, by those of Gabriel Maupin decd, and by the Creek which heads near Southall's Mills … being the tract of which the said John Saunders … died intestate, sometime in the year 1793 …" (Southall Papers, College of William and Mary.) In 1806 an insurance policy of James Semple's gives Burwell Bassett's lot adjoining Semple. (Copy of policy in Research Department.)

The Williamsburg land tax records for 1804 and 1810 give Bassett as owner of 2 lots valued at $20 and $10 respectively. From 1812 to 1820 Bassett is listed as possessing 6 lots valued at $30. From 1820 to 1838 Bassett whose residence is given as "James City," is owner of "l lot in Williamsburg valued at $75." (Illustration #2 for complete records.)

The lot listed in the land tax list above, doubtless, was the entrance lot to Bassett Hall by way of Francis Street. From the fact that owners of Bassett Hall paid taxes on lots in the city (adjoining Waller's lots on Francis Street), it seems reasonable to state that such land was used as an entrance park to the Bassett Hall dwelling-house lot.

During 1836-42 a correspondence relating to Bassett Hall property was carried on between Abel P. Upshur¹ of "Vaucluse," eastern shore of Virginia, and Judge Beverley Tucker of Williamsburg. From these letters one finds that Upshur became the owner of Bassett Hall on May 5, 1840. (Illustration #5, copies of letters dated Dec. 4, 1840; January 27, 1840; April 5, 1840 and November 28, 1840.)

The property was acquired in 1843 by John Coke. The Land Tax Records give: "1 lot including buildings $2550 via Abel P. Upshur — See an act of Assembly passed, 31st January 1843, which, by extending the limits of the city, a small slip of land theretofore taxed to Colo. Bassett's estate becomes merged in the property purchased by Mr J. Coke of the Hon. Ap. Upshur, who purchased of Galt who purchased of Bassett."

Coke held the property until November 18, 1845 when it was conveyed to Goodrich Durfey. In 1850 Durfey was charged in the land book with "l lot valuations with buildings $2550. Formerly ded to John Coke." Durfey in 1861 was charged with "l lot valued at $3500." (Illustration #2)

Several maps have come to light giving Bassett Hall tract with adjoining lots. One with date on the back, "1868", is of exceptional interest as to locations of houses and farming area. In the lower corner of the map one finds: "Plot of Col Durfeys house tract after cutting of 60.2 & some 11. perches for Mr. Lefelver & contains 381..3..28 perches[,] Map endorsed A on back, by Sidney Smith Trustee and referred to in deed of Z. G. Durfey to Israel Smith. Cut the cloth where paper is slipped under." On the back of the map the following is written: "B This is the plot referred to in the deed from Z. G. Durfey to Israel Smith, executed 15th Decbr 1868, S. Smith sub Trustee." Upon examination of the map one sees a large plat southeast of the dwelling and to the rear of the Waller dwelling marked, "Land sold by Col. Durfey to Mr Lyons." From a study of the map above described, we know that Durfey retained as his dwelling house tract the 85 acres with avenue leading into Williamsburg via Francis Street. (Illustration #3 for copy)

Another map¹ with no date is now in the Research Department. It is a colored map of Bassett Hall and surrounding lands. The dwelling is drawn as rectangular with rear wing, facing upon a 2-acre lawn. A circular drive-way is shown in front of the house and a road leads out to Francis Street and to the farm lots in the rear of the dwelling-house. Dr. Morris is noted as the occupant of the Benjamin Waller lot; J. W. Custis³ and Wooden to the west. Farm lands, gardens, orchards, barns, ice house, hog pen, cow yard, pasture - all show on the map to the rear of the dwelling. (Illustration #3 for photostat)

In 1865 the court records of Williamsburg and James City County were destroyed by fire. Only one Deed Book (1854) was saved from destruction. From this book it is possible to trace the title to Bassett Hall.

Upon the death of Durfey in 1869 the property was conveyed to Israel Smith.

The chain to title as prepared by Mr. Channing Hall for Dr. W. A. R. Goodwin, 1927, can be found in Illustration #4. Dr. Goodwin was representing the interests of Colonial Williamsburg Restoration in securing the property from the owners at that time.

IN SUMMARY:

Bassett Hall comprises a part of that large tract once the property of the Bray family. By marriage to Elizabeth Bray, daughter of Thomas Bray, the lands came into the possession of Colonel Philip Johnson about 1753. The plantation of Philip Johnson is cited in the Virginia Gazette of April 4, 1755 as "near the Capitol in Williamsburg." However, there is no mention of a dwelling-house in this notice. In 1766, "the houses and lots of Johnson adjoining the City of Williamsburg," were advertised to be rented. The Virginia Gazette describes Johnson's property as "the houses, lots, garden, stable and pasture, where I lately lived." By 1771, Johnson had rented his house to Richard Hunt Singleton. Singleton advertised that "The Subscriber begs Leave to acquaint the Gentlemen who favoured him with their Custom that he is now removed to Colonel Johnson's house, behind that of Mr. Waller." (The reference is to Benjamin Waller whose house was on Francis Street just below the Capitol.) An effort was made to sell Johnson's property in October and November, 1771, but no sale was consummated by the trustees until after Johnson's death in March, 1789. On the Frenchman's Map of Williamsburg (1782) the dwelling-house, rectangular in shape with a rear wing, is placed about 400 feet from a street to the north. There are three out-buildings about 50 feet to the southeast, and one to the southwest. Another small building is about 350 feet to the south. A rectangular shaped yard upon which the house faces is about 400 feet by 200 feet with a small building in the northwest corner. The College Map (1791?) indicates "the 13. lands of Philip Johnson" in this area, as does the Bucktrout Map (1803). Several deeds between 1800-1806 and an insurance policy to bordering property, show that Burwell Bassett [of Eltham] had come into the lots and lands of Philip Johnson; and the Williamsburg Land Tax records give Bassett as owner of "2 lots valued at $20 and $10" respectively. From 1820-38 Bassett appears as owner of "l lot valued at $75." In 1840, Abel P. Upshur of "Vaucluse," eastern shore of Virginia, became the owner of Bassett Hall. In 1843, the records show that John Coke was the owner of "l lot valued including buildings at $2550 via Abel P. Upshur." In 1845, Goodrich Durfey became the owner of "l lot valued at $2550 including buildings. Formerly ded to John Coke." In 1869 the property was conveyed to Israel Smith by the executor of Goodrich Durfey. From a study of a map by S. Smith (dated 1868) one sees that Durfey during his tenure, retained as his dwelling-house tract the 85 acres with avenue leading into Williamsburg via Francis Street, and sold other lands adjoining. Another map (no date, but possibly 1869) is a colored map of Bassett Hall and surrounding lands. The dwelling is drawn as a rectangular building with rear wing, facing upon a 2-acre lawn. A circular drive is shown in front of the house, and a road leads out to Francis Street north and the farm lots to the south. Though court records of Williamsburg and James City County were largely destroyed by fire in 1865, one deed book was saved and from this record it is now possible to trace the title to Bassett Hall from Israel Smith's ownership to the present time. Further title to the property as prepared by Channing Hall for Dr. W. A. R. Goodwin representing the Restoration interests in 1927, can be found in Illustration #4, Appendix.

Hening
STATUTES AT LARGE
VI, 412-416

An Act for establishing an agreement made between Philip Johnson, and William Armistead, gentlemen.

WHEREAS David Bray the elder, late of the parish of Wilmington, in the county of James City, gentleman, deceased, in his lifetime, and at the time of his death, was seised in fee-simple, of, and in four lots of land in the city of Williamsburg, and several tracts or parcels of land, in the said county of James City, containing by estimation nine hundred and fifty acres, or thereabouts, and of, and in another tract or parcel lying in the county of Charles-City, containing by estimation, eighteen hundred and fifty acres or thereabouts, known by the name of Nance's Neck; and being so seised, by his last will and testament in writing, bearing date the twenty first day of October, one thousand seven hundred and seventeen, devised all his lands to David Bray his son, and declared his will and meaning to be, that if his said son David should live till he came to the age of twenty one years, and should not have issue of his body lawfully begotten, he should not sell or dispose of any of the said lands, until he had such issue; but if he should live to have such issue of his body, and attain the age of twenty one years, if both the things should happen, he gave his said son all his lands to him and his heirs forever; but in case he should die, before he had lawful issue, he gave all his said lands to his brother James Bray, and the heirs male of his body lawfully begotten, and in default of such issue, declared his will to be, that his said lands should be equally divided between the heirs of his said brother James Bray, and the lawful heir of his late deceased sister, Ann Ingles, late wife of Mungo Ingles, as by the said will, recorded in the court of the said county of James-City, may, among other things appear. And after the death of the said David Bray the father, the said David Bray the son, entered into the said lands, and died seised thereof, without issue of his body; and the said testator's brother James Bray in the said will named died, leaving issue Thomas Bray, his eldest son, and heir male of his body, who after the death of the said David Bray the son, entered into the said lands, and died seised thereof, without heir male of his body, leaving a daughter named Elizabeth, then and now the wife of Philip Johnson, of the county of King and Queen, gentleman, having first made his last will and testament in writing, bearing date the seventh day of May, one thousand seven hundred and fifty one, and thereby devised the remainder in fee-simple, of one moiety of the said lands to Benjamin Wallers and William Prentis , gentleman, in trust, to, and for several uses in the said will mentioned, as by the said will remaining of record, in the court of the said county of James City, may among other things appear. And whereas one Judith Bray Ingles, was heir at law of the said Ann Ingles, the sister of the said David Bray the father, and named in his will, and is intitled to the other moiety of the said lands, and hath lately married one William Armistead, gent. And whereas at a general court, held at the court-house in Williamsburg, the eleventh day of October one thousand seven hundred and fifty two, in a suit in chancery, between the said Philip Johnson, plaintiff, and the said Benjamin Waller, and William Prentis, defendants, it was decreed and ordered by the said court, 2 that the said Benjamin Waller, and William Prentis, should convey unto John Robinson, esquire, all the lands and slaves devised to them by the said Thomas Bray, to hold to the said John Robinson, his heirs and assigns, in trust, as to one moiety thereof, to, and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, to, and for the use of such child, or children, as the said Philip then had, or might thereafter have by the above-named Elizabeth, his wife, to whom he should give or devise the same; by his deed, will, or other instrument in writing, duly made and executed, and to his, her or their heirs and assigns forever; subject nevertheless, to the dower of the said Elizabeth therein; and as to the other moiety in trust, to and for the use of the said Philip Johnson, his heirs and assigns forever, in case he shall pay unto such child or children, of him and the said Elizabeth, all and every such sum and sums of money, as the said Elizabeth, notwithstanding her coverture, shall by any deed or instrument [sic] in writing, duly executed by her, give, direct and appoint, according to a proviso and his covenant, contained in a certain indenture of release: But in case the said Philip Johnson, shall not pay such sum of money, then in trust, to and for the use of such child or children aforesaid, to whom the said Elizabeth, by such deed or instrument in writing, shall give, direct and appoint the same: And in case the said Elizabeth, shall execute no such deed or instrument, then in trust to and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, and to, and for the use of such child or children as the said Philip Johnson then had or might thereafter have by the said Elizabeth, to whom he shall give or devise the same, by his deed or will as aforesaid, and to the heirs and assigns of such child or children forever; subject nevertheless to the dower of the said Elizabeth, therein, as by the record and proceedings of the said suit in chancery, remaining in the general court aforesaid may among other things appear: And the said Benjamin Waller, and William Prentis, have accordingly conveyed to the said John Robinson, and his heirs, the said lands and slaves in trust, and to, and for the several uses in the said decree mentioned. And whereas in case partition shall be made of the said lands, between the said Philip Johnson and Elizabeth his wife, and the said William Armistead and Judith Bray, his wife, the value of the said lands will be considerably diminished, and it will be more beneficial to all parties claiming the same, if they shall remain entire; and the said Philip Johnson, and William Armistead, have agreed, that all the said tract of land known by the name of Nance's neck, with the appurtenances, and two of the said lots of land, adjoining the lots of Dudley Digges, gentleman, and James Spiers, in Francis-street, in the said city, shall be vested in the said William Armistead, and Judith Bray his wife, and the heirs of the said Judith Bray; to hold to them in the same manner, and for the same estate, as they would have had and held the moiety thereof, if this act had not been made: And that the other two lots of land lying in the said street, between the lots of Benjamin Harrison, gentleman, and the said Benjamin Waller, and all the said tracts or parcels of land in the county of James City aforesaid, with the appurtenances, shall be vested in the said John Robinson, to hold to him, his heirs and assigns in trust, and to and for the same uses, and in the same manner, as the said John Robinson and his heirs would have had and held one moiety thereof, if this act had not 3 been made: And that the said William Armistead shall pay to the said John Robinson the sum of three hundred and ninety pounds, the value of one moiety of the said tract of land, known by the name of Nance's neck, more than the value of the said tracts or parcels of land in the said county of James City, to be laid out by the said John Robinson in purchasing slaves, to be held by him in trust, to and for the same uses, and in the same manner, as the lands and slaves conveyed to him by the said Benjamin Waller and William Prentiss, as aforesaid, which agreement the said Judith Bray, the wife of the said William Armistead, and the said Elizabeth, the wife of the said Philip Johnson, are willing to have confirmed.

II. BE it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same , That the agreement above mentioned between the said parties, be, and is hereby confirmed and established, and shall forever hereafter be valid and binding between them and their heirs, and all others claiming under them. And that all the aforesaid tract of land, known by the name of Nance's neck, and every part thereof with the appurtenances, and the said two lots of land adjoining the lots of the said Dudley Digges and James Spiers, shall be, and the same are hereby vested in, and shall be held, possessed and enjoyed by the said William Armistead, and Judith Bray his wife, and her heirs, and they shall be seised thereof in the same manner, and of, and in the same estate, as they would have had, held, and been seised of, in the one moiety thereof, if this act had not been made. And that all the aforesaid tracts or parcels of lands, in the said county of James City, with the appurtenances, and the said two lots of land, lying between the lots of the said Benjamin Harrison, and Benjamin Waller, shall be, and the same are hereby vested in, and shall be held by the said John Robinson, his heirs and assigns, and he, and they shall be seised of the same, in the same manner, and of, and in the same estate, and in trust, and to, and for the same uses as the lands and slaves conveyed to him the said John Robinson, by the said Benjamin Waller, and William Prentis as aforesaid; and that the said John Robinson, his heirs, executors, and administrators, after the above mentioned three hundred and ninety pounds shall be paid to him or them, shall lay out the same in purchasing slaves, and the said John Robinson, his heirs, executors, and administrators, shall hold and be possessed of such slaves so to be purchased, in trust, and to, and for the same uses as the lands and slaves conveyed to him by the said Benjamin Waller, and William Prentis, as aforesaid, a list of the names of which slaves shall be, by the said John Robinson, returned to the court of the said county of James City, there to be recorded.

III. Saving to the king's most excellent majesty, his heirs and successors, and every other person and person, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim and demand, of, in, or to either of the above mentioned tracts of land, other than the persons claiming under the said Judith Bray, the wife of the said William Armistead, and the last will and 4 testament of the above named Thomas Bray, or either of them, as they, every, or any of them should or might claim, if this act had not been made.

(Hening, Statutes at Large, VI, 412-416)

Illustration #1

Hening
STATUTES AT LARGE
VII, 247-48, Sept. 1758

An Act for vesting certain lands therein mentioned in Philip Johnson, gentleman, adding the same to the City of Williamsburg, and for other purposes therein mentioned.

WHEREAS John Robinson, esquire, is and stands seized of divers lands and tenements, in the parish of Bruton, in the county of James-City, in trust, as to one moiety thereof for the use of Philip Johnson, gentlemen, during his natural life, and after his decease, in trust, and to and for the use of such child or children as he now hath or may have by Elizabeth his present wife, daughter of Thomas Bray, gentleman, deceased, to whom he shall give or devise the same by deed or will, subject nevertheless to the dower of the said Elizabeth; and as to the other moiety thereof, in trust, and to and for the use of the said Philip Johnson, his heirs and assigns for ever, in case he shall pay unto such child or children of him and the said Elizabeth all and every such sum and sums of money as the said Elizabeth, notwithstanding her coverture, shall, by any deed or instrument in writing, duly executed by her, give, direct, and appoint, according to the proviso; and his covenant contained in an indenture of release, bearing date the twenty-second day of October, one thousand seven hundred and fifty-one, made between the said Philip Johnson and Elizabeth his wife, of the one part, and the said John Robinson of the other part, which indenture is now remaining on record in the secretary's office, but in case he shall not pay such money, then in trust, and to and for the use of such child or children, as aforesaid, to whom the said Elizabeth, by such deed or instrument in writing, shall give, direct, and appoint the same; and in case the said Elizabeth shall execute no such deed or instrument, then in trust, and to and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, and to and for the use of such child or children as the said Philip Johnson now hath or hereafter may have by the said Elizabeth, to whom he shall give or devise the same by deed or will as aforesaid, and to the heirs and assigns of such child or children, subject nevertheless to the dower of the said Elizabeth.

II. And whereas it hath been represented to this general assembly by the said Philip Johnson, That he hath laid off seventeen acres and twenty-six poles of the said trust land, adjoining the southern bounds of the city of Williamsburg, into thirty lots, which he is desirous may be added to and made part of the said city: And the said Philip Johnson being seized in fee-simple of forty-three acres of land, with the appurtenances, late the estate of one John Baskerfield, lying in the said parish of Bruton, and county of James City, contiguous to the said trust lands, and of greater value than the said seventeen acres and twenty-six poles so laid off into lots, which he is willing should be settled in lieu thereof: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses. of this present General Assembly, and it is hereby enacted, by the authority of the same , That the said seventeen acres and twenty-six poles of land, adjoining the southern bounds of the said city of Williamsburg, shall be, and the same are hereby vested in the 2 said Philip Johnson, his heirs and assigns; and that the said forty-three acres of land, with the appurtenances, lying in the said parish of Bruton, and county of James-City, late the estate of the said John Baskerfield, shall be, and the same are hereby vested in the said John Robinson, his heirs and assigns, in trust, and to and for the same uses that he is and now stands seized of the residue of the said trust lands.

III. And be it further enacted, by the authority aforesaid , That the said seventeen acres and twenty-six poles of land, so laid off by the said Philip Johnson into lots, adjoining the said city of Williamsburg, so soon as the said lots shall respectively be built upon, and saved according to the conditions that shall be contained in the deeds of conveyance thereof, shall be added to and made part of the said city; and the free-holders and inhabitants of the said lots shall then be entitled to, and enjoy all the rights, privileges, and immunities granted to and enjoyed by the freeholders and inhabitants of the said city, and shall be subject to the same jurisdiction, rules, and government with the other inhabitants of the said city.

1. DEED.

By deed dated in May, 1857, the day being left blank in the deed, recorded November 14, 1859, in James City Deed Book #1 pages 367-8, Goodrich Durfey and Margret W. Durfey., his wife, conveyed to William Lyon land described as follows:

"All of that certain piece and trace of land situate and being in the County of James City known as part of the Bassett Farm, containing by recent survey 298 acres; and bounded as follows: North by lot of Charles Lively and the road from Williamsburg to York Town, East by a public road called Quarter Paths, South by the lands of William Allen, West by the lands of James W. Custis, __________ Munford and Goodrich Durfey to the beginning, at Charles Lively's lot."

2. DEED OF TRUST

By deed dated April 3, 1858, recorded November 14, 1859, in James City Deed Book #1 pages 369-70, William Lyon conveyed to J. B. Cosnahan as Trustee the same land acquired by him by the foregoing deed, in trust for the purpose of securing the payment of four bonds or single bills, under seal, …

This deed of trust refers to the foregoing conveyance from Goodrich Durfey to William Lyon, and speaks of the deed as being dated June 19, 1857. The deed is, at end dated June 19, 1857, though at its beginning its date is given as May ______ 1857. This error is of no importance.

3. LAND BOOK.

The earliest available Land Book in the local Clerk's Office for James City County is that for the year 1866, in which, on page 8 at line 12, William Lyon is charged in fee with 298 acres, it being stated that the tract has no name, and that it adjoins N. C. and J. H. Crenshaw, and is one-half mile southeast of the Courthouse. It will be observed that the deeds in Paragraphs 1 and 2 only refer to the land as being in James City County. Later conveyances affecting the whole of Bassett Hall, apparently containing 381 acres, refer to same as being located partly in the City and partly in the County. Apparently the portion conveyed to William Lyon was wholly in the County, as in the earliest available Land Book for the City of Williamsburg found in the local Clerk's Office, being for the year 1865, William Lyon is charged with no real estate. In the same Land Book, at page 3, line 14, Goodrich Durfey is charged in fee with "residence," in the City of Williamsburg; but there is no way of identifying it as being the Bassett Hall dwelling house.

4. WILL

By an un-numbered Will Book marked as follows: "Wills, James City Circuit Court," extending from November, 1869 to November, 1902, there is found on Pages 1 to 3, the will of Goodrich Durfey, and the order probating same…

The material portions of the will are as follows:

"First, I give to my son, Zachary Durfey, either the Farm on which I now reside, that is to say, the land purchased by me of John Coke, formerly owned by Burwell Bassett, containing about 381 acres, with all the buildings thereon; and valued by me at $8,000.00, or my farm in James City County called 'Jockey's Neck,' containing about 500 acres, and valued by me at $5,000.00, the choice to be made by my said son, Zachary Durfey, when he shall arrive at the age of twenty-one.

Secondly. In case my son, the said Zachary Durfey, shall elect the farm first herein named I give and bequeath to him the sum of $2,000.00; or if the last named farm, the sum of $5,000.00 in addition to the real estate which he may so elect, and whatever else he may receive under any subsequent clause of this my will, thus making his portion herein before named $10,000.00 in either case.

***************************

Fifthly. I authorize and empower my Executors hereinafter named, or such as may execute this will, to rent out my two farms herein named to good tenants (who shall be required to keep them in good order) until my son, the said Zachary Durfey, shall arrive at the age of twenty-one, making choice of them as hereinbefore indicated; then they shall sell the farm not so elected, with any and all the real estate not hereinfore devised belonging to me, at such time and in such manner as they may think best for the interest of my estate, and to apply the proceeds in payment of my debts and legacies."

The sixth clause names the testator's son, Zachary Durfey, and his two daughters, Elizabeth Nimmo Durfey and Margaret G. Lea, wife of Col. John W. Lea, as residuary legatees and devisees.

"Seventh. I appoint my friend, James W. Custis, my son-in-law, Col. John W. Lea, and my son Zachary Durfey, whenever he shall arrive at lawful age, Executors of this my will."

By the codicil dated December 6, 1868, it is provided that on account of the feeble health of James W. Custis, Thomas P. McCandlish is named as one of the Executors in his stead. The codicil further provides that the testator's son, Zachary Durfey, shall be allowed to qualify without security.

5. DEED

By deed dated December 15, 1869, recorded January 4, 1870, in Williamsburg Deed Book #1 pages 193-5, and in James City Deed Book #2 pages 273-5, Zachry G. Durfey, Executor of the last will and testament of Goodrich Durfey, deceased,...conveyed to Israel Smith land described in the said deed as follows:

"That certain tract or parcel of land situate partly in the City of Williamsburg and partly in the County of James City, State of Virginia, called "Bassetts Hall," containing about 381 acres, more or less, bounded as follows: Commencing on the north at the northeast corner of James W. Curtis' lot, thence along the street to the lot occupied by Dr. William S. Morris, thence south to the corner of said Morris' lot, thence east along ditch separating it from said Morris' lot and James Mahone, John Lucas and Charles Lively's lots to the road leading from, Williamsburg to York Town, thence along said road to the road called Quarter Paths, thence along last mentioned road to the middle of Tutter's Neck Dam, thence southwest to fence separating it from 'Delks', thence north to fence on the farm, thence southwest to corner of Munford's fence, thence northwest along said Munford's fence to the corner of Dr. Camm's land thence along ditch bank and fence separating it from said Camm's land, to the lot formerly owned by R. M. Bucktrout, deceased, thence east to the of said Bucktrouts lot, and thence north to the beginning, as will appear by reference to the plot of W. I. Morsett, marked B, and being part of the tract which the said Goodrich Durfey, in his life time, purchased of John Coke and Eliza, his wife as aforesaid, and the same first mentioned in the will of the said Goodrich Durfey, deceased."

Zachary G. Durfey, as Executor and for himself individually, warranted title generally.

The deed recites that Goodrich Durfey and his wife in their life time conveyed to William Lyon 298 acres, briefly describing same, being a part of the tract of land which Goodrich Durfey purchased from John Coke and wife on November 18, 1845; that William Lyon to secure that payment of $7450.00 as purchase money, simultaneously conveyed said 298 acres to J. B. Cosnahan, Trustee, that Lyon was unable to pay same and agreed in writing with Durfey in 1865 to give the land back to Durfey, who agreed to give up the bonds still unpaid; that no deed was executed to carry out said agreement, that Lyon was still willing to abide by the agreement, that his bonds for purchase money had been given up and received by him, and that he and Sydney Smith, Substituted Trustee in place of J. P. Cosnahan, who had died, (the said Sydney Smith having been substituted as Trustee by order of the County Court entered December 13, 1869), consented and agreed to sign and execute this deed; that Durfey's last will and testament was admitted to probate, then quoting the first and second paragraphs as above given; that Zachary G. Durfey had arrived at the age of twenty-one and had qualified as the sole Executor, and had elected to take the farm Jockey's Neck, and had entered into a contract with Israel Smith to convey Bassett Hall to him.

The deed shows that the purchase price of $8,000.00 was to be payable as $4,000.00 in cash, and the balance in certain installments.

NOTE: It is reasonable to rely upon the correctness of the recitals made in the deed. Those that are material have already 7 been set out, as shown by the records. I consider the deed a good and effective conveyance of the Bassett Hall tract, I do not find of record the plat referred to in the description; though the present owners have in their possession two old plats of the tract which have already been exhibited to the present purchaser.

6. DEED OF TRUST

By deed dated December 15, 1869, recorded January 4, 1870 in Williamsburg Deed Book #1 page 196, and in James City Deed Book #2 page 275, Israel Smith conveyed to Sydney Smith and William S. Peachy the Bassett Hall tract, containing 381 acres as acquired by him by deed of even date for the purpose of securing to Z. G. Durfey, Executor of Goodrich Durfey, the sum $4,000.00 with interest, of which $1,000.00 matured on January 10, 1872, with interest annually from January 10, 1870; and $3,000.00 matured on January 10, 1874, with interest payable annually; as evidenced by single bills of Israel Smith under seal, dated December 15, 1869, for unpaid purchase money.

7. ASSIGNMENT AND RELEASE.

In James City County Deed Book #2 page 451 is found recorded a single bill under seal dated December 15, 1869, made by Israel Smith for $1,000.00 payable to said Durfey, as Executor; together with an assignment by the Executor to Richard W. Hansford dated June 19, 1871. The Clerk's certificate shows that on March 25, 1872, Richard W. Hansford, Assignee, appeared and acknowledged that the $1,000.00 bond had been paid in full.

8. ASSIGNMENT.

By Assignment dated September 10, 1873, recorded September 15, 1873, in Williamsburg Deed Book #1 page 346, Zachary G. Durfey, Executor of Goodrich Durfey, assigned to McRee Swift of New Brunswick, New Jersey, a single bill, under seal, of Israel Smith, dated December 15, 1869, and payable January 10, 1874, and the deed of trust set out in paragraph 6, securing same. The assignment recites that the single bill for $1,000.00 secured by said deed of trust had been paid by Israel Smith.

NOTE: It does not appear that the deed of trust set out in paragraph 6, has been formally released. The release set out in paragraph 7, is sufficient for all practical purposes as to the $1,000.00 bond. The $3,000.00 bond was assigned to McRee Swift as set out in paragraph 8, and while it has not been released I do not think that this would in any way place a cloud upon the title, as our statute prevents foreclosure of a deed of trust later than twenty years from the maturity of the obligation secured. In this instance, more than fifty years has passed since maturity of the bond.

It appears that the $3,000.00 bond is further secured as set out in deed of trust mentioned in paragraph 9 B.

9, A. DEED OF TRUST.

By deed dated February 5, 1872, recorded on the same day in Williamsburg Deed Book #1 pages 285-6, Israel Smith and Rebecca M. Smith, his wife, conveyed to William S. Peachy, Trustee, the Bassett Hall tract, containing about 381 acres, for the purpose of securing to William W. Vest the sum of $1500.00 and interest as evidenced by bond of Israel Smith dated February 5, 1872, payable on or before February 5, 1873.

NOTE: The lien of this deed of trust does not appear to have been released of record; but as the statutory provision of twenty years for the enforcement of a deed of trust has long since elapsed I do not regard the failure of the records to show release of same as constituting a cloud upon the title.

9,B DEED OF TRUST.

By deed dated September 10, 1873, recorded September 15, 1873, in Williamsburg Deed Book #1 pages 347-8, Israel Smith conveyed to William S. Peachy, Trustee, the Bassett Hall tract containing 381 acres to secure to McRee Swift the performance of Smith's agreement as set out in the deed of trust. Recital is made that McRee Swift bought the $3,000.00 bond secured by the deed of trust set out in paragraph 6. at Smith's request; that the rate of interest is changed from 6% to 8% payable in New Jersey, and that the bond will mature on January 10, 1874.

NOTE: The lien of this deed of trust has not been released, but same is no longer enforceable under the Virginia law as above mentioned.

10. WILL.

The will of Israel Smith was probated on April 14, 1879, which order of probate and the will and codicil are recorded in Williamsburg Will Book #1 pages 311-313. The order shows that the will, dated December 6, 1870, and the codicil dated December 25, 1875, were probated and that Rebecca M. Smith qualified as Executrix with leave given Fannie Belle Smith and Alice Colden Smith to come in and qualify. The will appointed Rear Admiral Charles H. Bell and Rebecca Minturn Smith, the Testator's wife, Executors. The codicil recites 10 the death of Rear Admiral Bell and appointed the said Rebecca M. Smith and the Testator's daughters, Fannie Belle Smith and Alice Colden Smith, as Executors.

The second paragraph of the will is as follows:

"Second. I give to my Executors full power and authority to sell and convey all, or any, of my real estate."

The third paragraph provided that money derived from sales of real estate should be invested by the Executors and the interest paid to his wife during her life and at her death that the proceeds be equally divided among his children upon reaching twenty-one years of age.

The fifth paragraph of the will is as follows:

"Fifth. If my Executors deem it best not to sell my real estate I direct that the profits, rents or income derived from said estate be paid to my, wife during her life time, and at her death to be equally divided among my children, if they have arrived at the age of twenty-one years, and if any have not arrived at this age I direct that the share of any such children, be invested at interest to the benefit of such children, or any of them, during their minority but to be paid as far as necessary for their support."

NOTE: The widow Rebecca M. Smith, lived until the year 1911. I am informed that the testator, Israel Smith, was the father of four children by his two marriages, all of whom survived both him and his widow, all of whom reached the age of twenty-one years before the death of the widow. I am of the opinion that these four children, namely: Alice Colden Smith, Fannie Belle Smith, Edith Minturn Smith and Margaret W. S. Bird, nee Smith, sometimes called "Meta S. Bird," became the fee simple owners of the property at the expiration of the life estate of Rebecca M. Smith.

11. DEED

By deed dated October 12, 1882, recorded January 23, 1883 in James City Deed Book # 4 pages 324-5, Rebecca M. Smith conveyed to William H. E. Morecock a parcel of land in 11 James City County containing according to survey, one acre and 1/20 of an acre, being a portion of the Bassett Hall farm. The deed refers to a plat attached thereto, made by Carey P. Armistead, which plat is recorded on page 325.

12. RIGHT OF WAY.

By right of way agreement dated November 24, 1900, recorded December 31, 1900 in James City County Deed Book #7 page 461 Rebecca M. Smith, Alice Colden Smith, Edith M. Smith, Meta W. S. Bird and H. S. Bird, her husband, and Fannie B. Smith granted to the Chesapeake Telephone & Telegraph Company, A Virginia Corporation, a right of way for a telephone and telegraph line, appliances, etc. over and along that tract of land in Jamestown District, James City County, Virginia, near the City of Williamsburg, fronting on the main road leading from Williamsburg to Yorktown, for the purpose of running on that portion of the said tract of land then occupied, or which might thereafter be occupied, as a public road or roads. The agreement was not to be exclusive.

13. DEED.

By deed dated November 7, 1903, recorded December 9, 1903 in James City Deed Book #9 pages 148-9. Rebecca M. Smith, Executrix under the last will and testament and widow of Israel Smith, deceased, Alice Colden Smith, Edith Minturn Smith, Meta W. S. Bird and H. S. Bird, her husband, and Fannie B. Smith conveyed with General Warranty and the usual covenants to Elling P. Strand land described as follows: 12

"That certain tract, piece or parcel of land situate, lying or being in Jamestown Magisterial District, James City County, Virginia, containing by actual survey 112-¾ acres, bounded and described as follows: Beginning at a large cedar tree on the main road leading from Williamsburg to Yorktown and running thence along said road S. 51.25° E. 1.31 chains, thence S. 68° E. 9.40 chains, thence S. 58° E. 6.63 chains to what is known as Quarter Paths road leading to King's Mill; thence along said Quarter Paths road S. 10° W. 32 chains to gate post thence S. 19° W. 9.94 chains along said road., thence S. 49° W. 5.80 chains along said road: thence S. 73.5° W. 7.92 chains along said road, thence S. 72.5° W. 17.44 chains, thence N. 20.75° E. 63.62 chains to point of beginning, the same being a portion of the tract of land called Bassetts Hall conveyed to Israel Smith by deed from Z. G. Durfey, Executor of G. Durfey, deceased, William Lyons and Sydney Smith, Substituted Trustee, bearing date on the 15th day of September, 1869, and recorded in the Office of the Clerk of the Court for the County of James City and the City of Williamsburg in James City Deed Book #2 pages 273-4, to which deed reference is here made."

14. DEED

By deed dated November 12, 1903, recorded January 16, 1904, in James City Deed Book #9 pages 195-6, Rebecca M. Smith, as widow and Executor of Israel Smith, deceased, Alice Colden Smith, Fannie B. Smith, Meta W. S. Bird and H. S. Bird, her husband, conveyed with General Warranty and the usual covenants to Milan Smith 40 acres of the Bassett Hall tract, described as follows:

"That certain tract, piece or parcel of land situate, lying and being in Jamestown Magisterial District, James City County, Virginia, and known as a part of Bassetts Hall, tract supposed to contain 40 acres, be the same more or less, and bounded as follows, to-wit: Commencing at a point on the Quarter Paths road leading to King's Mill where the land hereby conveyed intersects with the land recently conveyed to Elling P. Strand, a course running N. 72.5° E., thence running down said Quarter Paths road to Tutter's Neck Creek, thence along the meanderings of said Creek or swamp to the western boundary of the said Bassetts Hall tract, thence along the western boundary of the said Bassetts Hall tract separating it from Delks to a point where the southwestern corner of said Elling 13 P. Strand's land intersects and thence in a straight line N. 72.5° E. to the point of beginning; bounded on the north by the land of Elling P. Strand, on the east by the said Quarter Paths road, on the south by the said Tutter's Neck Creek, or swamp, and on the west by Delks; the same being a portion of the tract of land conveyed to Israel Smith by deed from Z. G. Durfey, Executor, William Lyons and Sydney Smith, Substituted Trustee, bearing date on the 15th day of September, 1869, and recorded in the Clerk's Office of James City County and the City of Williamsburg in James City Deed Book #2 pages 273-4.

15. DEED

By deed dated January 4, 1913, recorded January 9, 1913, in Williamsburg Deed Book #6 pages 312-13, and recorded January 16, 1913 in James City Deed Book #13 pages 567-8, Meta S. Bird and Hugh S. Bird, her husband, conveyed with General Warranty and the usual covenants of title to Edith Minturn Smith by the following descriptions:

"All the right, title and interest of the said parties of the first part in and to that certain piece, parcel or tract of land situate, lying and being partly in the City of Williamsburg, Virginia, partly in Jamestown District, James City County, Virginia, generally known as Bassett Hall, and containing two hundred and twelve (112)[sic] acres, more or less, but sold in gross and not by the acre, more particularly bounded and described as follows: On the north by Francis Street, the property of the Morecocks and other property and by the main road leading from Williamsburg to Yorktown, on the east by the lands of L. W. Wales, H. W. Dana and other properties and a lot now owned by the said Edith Minturn Smith; together with the buildings and improvements thereon, the interest of the said Meta S. Bird in the said property hereby conveyed being a one-fourth undivided interest; the same being a part of the land of which Israel Smith died seized and possessed, the same having been conveyed to him by Z. G. Durfey, Executor on the estate of Goodrich Durfey, and William Lyons and Sydney Smith, Substituted Trustees, by deed dated December 15, 1869, and recorded in the Clerk's Office of the City of Williamsburg and County of James City in James City Deed Book #2 pages 273-4. to which reference is here made."

16. OPTION AGREEMENT

By agreement dated March 15, 1916, recorded March 17, 1916 in James City Deed Book #15 pages 416-17, Fannie Belle Smith, Alice Colden Smith, and Edith M. Smith contracted and agreed with James R. Branch that they would within ninety days from the date thereof sell and convey to said James R. Branch certain land at $300.00 per acre, according to survey to be furnished by the grantors, the $500.00 cash payment for the option to apply on the purchase price. The land to which the agreement applied is described as follows:

"All that certain piece or parcel of land together with its appurtenances, being the eastern portion of the property remaining and known as the Bassett Hall tract, beginning at the point on the south side of York or Woodpecker Street where said tract joins the land of Irving S. Whitcomb, and extending along south side of said York or Woodpecker Street in a westerly direction three hundred sixty-five feet, more or less, to a point forty feet east of the western point of said tract at its juncture with said street, extending back southwardly and between parallel lines, the eastern line being the present western line of said Whitcomb property to the southern boundary of said tract, and containing between 30 and 40 acres."

The land owners further agreed to dedicate a street forty feet wide running south from York Street the entire length of Bassett Hall tract and parallel and adjoining the western line of the property contracted to be sold, which street should be for, the joint use in common of the two properties.

17. DEED

By deed dated April 10, 1916, recorded May 1, 1916, in James City Deed Book #16 pages 125-6, Fannie Bell Smith, Edith [sic] Colden Smith and Edith M. Smith conveyed to Williamsburg Park Corporation, a Virginia 15 and the usual covenants of title, land described as follows:

"All that certain piece or parcel of land lying and being in James City County near Williamsburg in the State of Virginia, containing thirty-six and one half (36 ½) acres, according to a survey or plat dated the 8th day of April, 1916, made by Bolton, Clark and Pratt, Inc., Civil Engineers of Richmond, Virginia, which plat is attached to this deed to be recorded herewith for the purpose of describing the boundaries of the land hereby conveyed. The lands hereby conveyed being a portion of the residue of the Bassett Hall tract and the said lands are bounded on the north by York Street, on the east by lands of the York Land Company and on the west by the forty foot road which is hereby set apart and granted as a easement of way by the parties of the first part to the parties of the second part, its successors and assigns, for the joint use of the owners of the residue of the said Bassett Hall tract, and the owners of lots and parcels of land hereby conveyed. The said road forty feet in width is to be at all times open its full width and length as shown on said plat."

On page 126 of P. B. 16, is recorded the plat referred to showing that the land conveyed is thirty-six and one half acres exclusive of the road reserved, and further showing the road between the unsold Bassett Hall land and the parcel conveyed.

NOTE: It will be observed that the land conveyed by deed set out in paragraph 17, is without doubt the same land covered by the option agreement set out in paragraph 16, though James R. Branch did not untie in said deed. It is indicated, however, by a deed of trust from Williamsburg Park Corporation to E. Lorraine Ruffin, Trustee, dated April 17, 1916, recorded in James City Deed Book #16 pages 127-31, from the quoted resolution of the Board of Directors of the grantor Corporation that said Corporation took over as its obligation an agreement of Garrett & Co. with James R. Branch as to the purchase of said land.

18. SEWER RIGHT OF WAY

By right of way agreement dated June 3, 1921, recorded August 18, 1921 in Williamsburg Deed Book #9 pages 216-17, Edith M. Smith and Alice Colden Smith conveyed to the City of Williamsburg a right of way over, under and through property 16 therein described for the purpose of constructing, operating maintaining and repairing a sewer main…

19. CURRENT LAND BOOKS.

In the Land Book of the City of Williamsburg for the year 1927, page 14, line 30, Israel Smith and E. M. Smith Estate is charged in fee with "House and lot, Bassett Hall, East Francis Street," with land and buildings. In the Land Book for James City County for the year 1927, page 8, line 19, Israel and E. M. Smith Estate is charged in fee with a part of Bassetts Hall containing 132½ acres.

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