Letter, George Washington to John Mercer, April 20, 1759, and reply
- Letter, George Washington to John Mercer, April 20, 1759, and reply
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Title
Letter, George Washington to John Mercer, April 20, 1759, and reply
Subject
Custis estate
Description
This exchange is a series of questions from newly married George Washington to John Mercer, a lawyer retained by the Custis family to handle estate business. The exchange consists of a series of questions about the estate from Washington, with answers by Mercer.
Creator
George Washington, John Mercer
Source
Fields, Joseph E. 'Worthy Partner': The Papers of Martha Washington. Westport, Conn.: Greenwood Press, 1994.
Publisher
Greenwood Press
Contributor
Joseph E. Fields, editor
Language
eng
Type
Published version of manuscript document
Additional Item Metadata
Citation
Fields, Joseph E. 'Worthy Partner': The Papers of Martha Washington. Westport, Conn.: Greenwood Press, 1994.
Rights Holder
Custis Papers, Virginia Historical Society
Document Item Type Metadata
Text
Sir Williamsburg 20 April 1759
Be pleased on the other side to answer the following queries in a full and ample manner and oblige very much, Yr most Obedt Servt.
Go: W(ashington)
First Does the Law require that all the Personal Estate & (Negroes only excepted) of the late Colo Custis be sold, in order to lay off his widows dower and daughters part.-or can it be done by the Inventory & appraisment - or lastly by dividing the Estate as it stands at this present - Which of these three is the Right Method? - & had Mrs. Washington a claim to one third of the Chattels of every kind whatsoever?
To the first
All such Goods as may be liable to perish or be the worse for keeping are by Law directed to be sold by public auction as soon as conveniently may be after the Debts paid - Yet I am of Opinion a Division may be made of the personal as well as the real Estate by the method hereafter mentioned - Mrs Washington has a clear right to one third of the Chattels of every kind whatsoever.
Second - What steps are necessary to Effect this in either Case? & how is the Money and Bonded Debt to be divided?
To the Second of (illegible) & best method to have Mrs Washington's Dower assigned (illegible) Estate divided will be by a Bill in Chancery to be brought in your & Mrs Washingtons names against the Children upon which Commissioners will be appointed not only to set apart her Dower in the Lands but to divide the money & bonded Debts & every other part of the Estate, one third thereof which belongs to Mrs Washington - and as I am satisfied your chief motive is to have the Children's Shares set apart & ascertained, so that fair & regular Accounts may be kept of the Profits & all Disputes that might be occasioned by a joynt Occupation, avoided, so I am assured the Speaker who is appointed Guardian to prosecute & defend for the Children will agree to any Division that may be for the Ease & advantage of all Persons concerned: and such a Division I am confident will) readily be established by the Court.
Third - Has Mrs Washington a Right to take any part of the Furniture or Personal Estate (negroes excepted as before) at the Appraisment price? - or is she under a necessity or taking the whole or none?
To the third. As it would be very inconvenient either to part with the furniture of the House or expose it to Sale in order to purchase it I make no doubt but the Commissioners will assign you any part of the household furniture you desire at the appraised value & the remainder may be sold.
Fourth - Whether if the Law does not require the whole Personal Estate to be sold, I have notwithstanding a power, or can obtain one (& by what means) to sell such part as I (consider) to be for the Estate Interest?
To the fourth. The Cattle must be kept on the Heirs Lands for his benefit & at his Risque. Except they are too numerous in which Case part of them may be sold. One third of the Cattle belongs to Mrs Washington & the Heir will be answerable to his Sister for one Half of the appraised value of (the oth)er two thirds. The (real) & the personal Estate that will not (be for) the benefit of the Estate to keep (missing) may be sold.
Fifth - Is Mrs Washington obligated to render (an acco)unt of every thing Inventoried & appraised? I mean Household goods that perhaps are broke or worn out, - Plantation Utensils that are lost or used - Liquors &ca that may have been Drank - and if she is, what sort of an acc't is required by Law? - and whether that account shoud be previous to a Division of the Estate?
To the fifth Mrs Washington is accountable for everything inventoried and appraised but ought to have Credit for such things as have been used or worn out about the Plantation: an account of which will be properly made us before the Commissioners.
Sixth -Has she not a Right to have her Expenses of every kind borne, as well those which may Relate to her particular self, as Housekeeping &ca in general? Does that Right still continue till a Division be made, or does it cease upon her Marriage?
To the sixth I also am of Opinion that she must be at the whole Expense of housekeeping since the Appraisment, but as she accounts for the Profits of her Children's Estates she is entitled to a liberal Allowance for their Maintanance.
Seventh Whether it is necessary to get appointed guardian, and Manager of (the) Estate & (of the) Children - or do I become so as Husband (illegible) obtaind the administration? But (missing) that some (one other than myself) shoud be choose Guardian till a Division (of) the Estate & a Settlement be made.
To the seventh Mrs Washington is by Law entitled to the Guardianship of her Children till they attain fourteen years of age, when they may choose their own Guardians but it is by all means advisable that a Division & Settlement be made before you undertake the Guardianship in her right. When that is done you must undertake it, or some other Guardian, must be appointed, as the Speaker will have nothing to do with their Estates.
Eighth -If Dunbar obtains his Suit at Law against Colo Custis's Estate how far will Mrs Washington's Dower be liable?
To the eighth. As Dunbar's Claim is against GenI Parke's Estate that alone is liable, consequently no other Part of mrs Washington's Dower than what she holds of that Estate can be affected by Dunbar's Recovery.
Ninth - If the Money and Chattels which in any other case woud have become my absolute property, should be made liable - am I accountable for the Principal & Interest, of what I may now receive - or the Principal Only?
To the ninth. So none of the money or Chattels you receive can be liable Should the Court adjudge Parke's Lands & Negroes to be so. I am of Opinion they will adjudge that Mrs. Washington's Dower of that Estate should contribute in proportion to her Interest therein which is only for Life.
J Mercer
Be pleased on the other side to answer the following queries in a full and ample manner and oblige very much, Yr most Obedt Servt.
Go: W(ashington)
First Does the Law require that all the Personal Estate & (Negroes only excepted) of the late Colo Custis be sold, in order to lay off his widows dower and daughters part.-or can it be done by the Inventory & appraisment - or lastly by dividing the Estate as it stands at this present - Which of these three is the Right Method? - & had Mrs. Washington a claim to one third of the Chattels of every kind whatsoever?
To the first
All such Goods as may be liable to perish or be the worse for keeping are by Law directed to be sold by public auction as soon as conveniently may be after the Debts paid - Yet I am of Opinion a Division may be made of the personal as well as the real Estate by the method hereafter mentioned - Mrs Washington has a clear right to one third of the Chattels of every kind whatsoever.
Second - What steps are necessary to Effect this in either Case? & how is the Money and Bonded Debt to be divided?
To the Second of (illegible) & best method to have Mrs Washington's Dower assigned (illegible) Estate divided will be by a Bill in Chancery to be brought in your & Mrs Washingtons names against the Children upon which Commissioners will be appointed not only to set apart her Dower in the Lands but to divide the money & bonded Debts & every other part of the Estate, one third thereof which belongs to Mrs Washington - and as I am satisfied your chief motive is to have the Children's Shares set apart & ascertained, so that fair & regular Accounts may be kept of the Profits & all Disputes that might be occasioned by a joynt Occupation, avoided, so I am assured the Speaker who is appointed Guardian to prosecute & defend for the Children will agree to any Division that may be for the Ease & advantage of all Persons concerned: and such a Division I am confident will) readily be established by the Court.
Third - Has Mrs Washington a Right to take any part of the Furniture or Personal Estate (negroes excepted as before) at the Appraisment price? - or is she under a necessity or taking the whole or none?
To the third. As it would be very inconvenient either to part with the furniture of the House or expose it to Sale in order to purchase it I make no doubt but the Commissioners will assign you any part of the household furniture you desire at the appraised value & the remainder may be sold.
Fourth - Whether if the Law does not require the whole Personal Estate to be sold, I have notwithstanding a power, or can obtain one (& by what means) to sell such part as I (consider) to be for the Estate Interest?
To the fourth. The Cattle must be kept on the Heirs Lands for his benefit & at his Risque. Except they are too numerous in which Case part of them may be sold. One third of the Cattle belongs to Mrs Washington & the Heir will be answerable to his Sister for one Half of the appraised value of (the oth)er two thirds. The (real) & the personal Estate that will not (be for) the benefit of the Estate to keep (missing) may be sold.
Fifth - Is Mrs Washington obligated to render (an acco)unt of every thing Inventoried & appraised? I mean Household goods that perhaps are broke or worn out, - Plantation Utensils that are lost or used - Liquors &ca that may have been Drank - and if she is, what sort of an acc't is required by Law? - and whether that account shoud be previous to a Division of the Estate?
To the fifth Mrs Washington is accountable for everything inventoried and appraised but ought to have Credit for such things as have been used or worn out about the Plantation: an account of which will be properly made us before the Commissioners.
Sixth -Has she not a Right to have her Expenses of every kind borne, as well those which may Relate to her particular self, as Housekeeping &ca in general? Does that Right still continue till a Division be made, or does it cease upon her Marriage?
To the sixth I also am of Opinion that she must be at the whole Expense of housekeeping since the Appraisment, but as she accounts for the Profits of her Children's Estates she is entitled to a liberal Allowance for their Maintanance.
Seventh Whether it is necessary to get appointed guardian, and Manager of (the) Estate & (of the) Children - or do I become so as Husband (illegible) obtaind the administration? But (missing) that some (one other than myself) shoud be choose Guardian till a Division (of) the Estate & a Settlement be made.
To the seventh Mrs Washington is by Law entitled to the Guardianship of her Children till they attain fourteen years of age, when they may choose their own Guardians but it is by all means advisable that a Division & Settlement be made before you undertake the Guardianship in her right. When that is done you must undertake it, or some other Guardian, must be appointed, as the Speaker will have nothing to do with their Estates.
Eighth -If Dunbar obtains his Suit at Law against Colo Custis's Estate how far will Mrs Washington's Dower be liable?
To the eighth. As Dunbar's Claim is against GenI Parke's Estate that alone is liable, consequently no other Part of mrs Washington's Dower than what she holds of that Estate can be affected by Dunbar's Recovery.
Ninth - If the Money and Chattels which in any other case woud have become my absolute property, should be made liable - am I accountable for the Principal & Interest, of what I may now receive - or the Principal Only?
To the ninth. So none of the money or Chattels you receive can be liable Should the Court adjudge Parke's Lands & Negroes to be so. I am of Opinion they will adjudge that Mrs. Washington's Dower of that Estate should contribute in proportion to her Interest therein which is only for Life.
J Mercer
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Autograph Document Signed
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How to Cite this Item
George Washington, John Mercer, "Letter, George Washington to John Mercer, April 20, 1759, and reply," in Martha Washington, Item #355, https://marthawashington.us/items/show/355 (accessed April 6, 2021).