Complaint of Wilson Miles Cary
Document text, 16 May 1800
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To The Honorable George Wythe Esquire Judge of the high Court of Chancery - Humbly complaining your orator Wilson M. Cary only acting Executor and trustee in Virginia of George Wm. Fairfax died sheweth unto your honor that some time in the year of our Lord _____ the said George Wm. Fairfax and a certain John Carlyle & John Dolton agreed to take up and obtain a grant for a certain Tract of land in the County of Frederick now Berkley containing about 1200 acres of land for their joint use but from some cause or other unknown to your orator this grant from the Proprietor of the northern neck for the said land was made to the sd John Carlyle only, tho' it was then & always afterwards understood that the same was to cause to the joint use of the said John Carlyle, John Dolton and George W. Fairfax which will evidently appear by an agreement bearing date the 17th day of August 1763? entered into between Preeson Bowdoin of the one part and the said John Carlyle John Dolton & George W Fairfax on the other, a copy of which is hereto annexed as part of this Bill, by which agreement as to the purpose for which it is here mentioned the right of the said George W. Fairfax to one fourth of the said land there called the Bloomery land with the Houses and improvements there on, is clearly admitted by the sd Carlyle & Dolton, and your Orator further sheweth that by said agreement, the sd George W Fairfax became entitled to one fourth of the Mills & other Houses with their Appurtinancies and of
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the lands adjoining containing 20' acres as mend in the said agreement, and your Orator charges that the consideration money agreed to be paid by the said George W. Fairfax to the said John Carlyle & John Dolton for the part of the Mills and Lands adjoining; was, as he hath reason to believe, shortly after paid the said John Carlyle and John Dolton in consequence of which the sd George W. Fairfax became entitled to a conveyance from the said Carlyle & Dolton of the part of the said Mills Lands and appurtenancies stipulated to be conveyed to him the said William Ramsay having as your Orator has been informed and believes, transfered all his title to the same to the said Carlyle and Dolton, and your Orator further showeth that the said John Carlyle departed from this life sometime in the year 1780 leaving one daughter the wife of Wm. Herbert and one Son, having first duly made and published his last Will and testament bearing date the 5th day of April 1780, which after his death was duly proved and admitted to record in the County Court of Fairfax, a true copy of which is hereto annexed as part of this Bill, that in and by the sd Will, the said John Carlyle amongst other devices therein contained bequeathed all the rest and residue of his Estate real and Personal unto his Son George W. Carlyle but in case his
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said son should die before he arrived to the age of twenty one without issue, in that case he devised the said Estate to his grandsons, John Carlyle Herbert and Carlyle Fairfax Whiting who your Orator prays may be made Defendants to this Bill and then Heirs equally to be divided and your Orator further showeth that sometime in or about the day of 17 the said George W. Carlyle departed this life under age and without issue. And your Orator further showeth that the sd John Dolton departed this life sometime in the year having first duly made and published his last will and testament in writing wherein and whereby he devised all his Estate to his two Daughters Jane & Catharine, the former of whom hath since intermarried with Thomas Herbert and the latter with Wm. Bird, all of whom are prayed to be made Defendants ^to this Bill; further showeth that the sd George Wm. Fairfax, being at the time of his death Resident in Great Brittain, departed this life sometime in the year 1787 having first duly made & published his last Will and Testament bearing date the 6th day of July 1780 with two Codicils thereto the one dated on the 26 day of February in the year 1787 & the other on the day of in the year which said Will & Codicils were on the 13th day of July in the year 1787 according to the laws and Customs of England duly proud at London before the
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Right Worshipful Peter Cobert? Doct. of Laws, Master Kuper? or Commissary of the Prerogative Court of Canterbury; that the said George W Fairfax, of his said Will did thereby and therein appoint your Orator, and George Washington, and George Nicholas who are prayed to be made Defendants to this Bill, executors? (or exors.?) and trustees of his Estate lying in Virginia and further did in and by the said Will devise unto the said Excors.? and trustees in all his Lands lying in Virginia, not therein otherwise disposed of together with his fourth part of the Bloomery Mills and the Lands adjoining thereto and his Lotts? in Towns not otherwise disposed of and all other his Real and Personal Estate in the said State of Virginia not otherwise disposed of to sell the said real Estates for the best prices that a could be obtained, for the uses and purposes therein particularly set forth, to which will for greater certainty your Orator begs leave to refer: And your Orator further showeth that he has proved the said Will in the General? Court of this Commonwealth and hath taken upon himself the burden? of the Exe. thereof as will more fully appear by a reference to the Records of the said Court of which a certificate of probate is hereto annexed as part of this Bill your Orator further showeth that the said George Washington and George Nicholas mentioned in the said will have refused to take upon themselves the Execution of the said will or in any manner to act or intermeddle in the Estate of the said G.W. Fairfax as Exors. or Trustees; and your Orator desireous of
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executing the trust reposed in him by the said Will and being unable to dispose of the fourth part of the said Bloomerylands and the Mills and Lands adjoining belonging to the Estate of his testator as above set forth, hath in a friendly manner applied to the said Defendants the divisions of the said John Carlyle to execute a deed of conveyance to him for a fourth of the said Bloomerylands and appurtinancies in fee Simple and and to the said Representatives of the said John Dolton and John Carlyle to Execute a conveyance for one fourth of the mills and lands adjoining arguably to the aforesaid agreement, with all which reasonable requests they have refused to comply alledging that without a decree of this Honorable Court they would not be justifiable in so doing, all which is contrary to equity and good conscience. In tender consideration where of and for as much as your Orator is in intirely? resinadilofs? in the premises according to the strict Rules of the Common Law and can only have relief in a court of equity were matters of this kind are properly cognizable and relievable, to she and therefore that the said John Carlyle Herbert, Carlyle Fairfax Whiling, Thomas Herbert and Jane his wife, William Bird and Catharine his Wife, George Washington and George Nicholas may upon their may upon their several and respective corporal? oaths full true and perfect answer make to all and singular the promises and that in as full and ample manner as if the same were here again repeated and interrogated, and more especially that the said JC Herbert, CJ Whiting, Thomas Herbert and Jane his wife will: Bird and catharine his wife may respectively set forth and discover whether the said George W Fairfax, John Carlyle and John Dolton did not agree to take and obtain a grant
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for the said Tract of land lying in the Frederich now Berkley for their joint use, whether the said Grant was not accordingly executed and the land taken up at their joint expense; was not the Grant from the proprietor of the northern Nick for the land made to John Carlyle alone ? and was it not at the time of procuring the grant and always afterwards understood that the grant of the Land should ensure to the Joint use of the said Carlyle Dolton and Farifax, not an agreement made and entered into between Preson? Bowdoin and the said Carlyle Dolton, and Fairfax as above set forth? was not the consideration Money agreed to be paid by the said Fairfax to the said Carlyle &? Dolton for a part of the mills and lands adjoining duly paid to them? did not the said William Ramsay dispose of his part of the said mills and lands to the said Carlyle and Dolton or how did he dispose of them? and that the said Thomas and Jane Herbert and W- and Catherine Bird may answer whether the said Jane and Catharine are not the only legal representatives of the said John Dolton, and that the said George Washington and Geo. Nicholas may declare whether they have not altogether refused to act under the said Will either as Executors or Trustees, and that the said John Carlyle Herbert and Carlyle Fairfax Whiting may be a due? of this honorable Court be compelled to execute good and sufficient deeds of conveyance to your Orator as trustee afixed? or otherwise as to this court may seem Right of one equal four Part of the said Bloomery lands Houses and appurtinancies, and account for the Profits thereof by them received or by the said Carlyle and Dolton in their life times and that the said Tho.s Herbert and Jane his wife and Wm. Bird and Catharine his wife, and the said John C. Herbert and Carlyle F. Whiting may be compelled to execute good and sufficient deeds in law to your Orator of one fourth of the said Mills and lands adjoining with the appurtinancies on such
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other part thereof as he is intitled to made the agreement alone set forth and account for the Profits thereof recieved by the said Carlyle and Dolton in their life times or by the said Defendants or any of them, and that your Orator may be further and otherwise refused? according to equity and good conscience. May it Please.
To the judge of the high Court of Chancery. Humbly Complaining showeth unto your Honor your Orator Wilson M. Cary only acting Exect. and trustee of George W. Fairfax died in Virginia that he file of his Bill in this against Jn. C. Herbert Carlile Fairfax Whiting Thomas Herbert and Jane his wife Mr. Byrd and Catharine his Wife George Washington and George Nicholas praying a conveyance of suit part of the Bloomery lands and mills with the land thereto adjoining as he the said G. M. Fairfax was in his life time entitled to with an account of profits to which your Orator refers as if the same were here again particularly set forth your Orator by way of amendment and supplement to his said bill states that a certain George Adam Kollenberger, William Little and Peter Lander are in possession of the whole or some part of the land mentioned in the said Bill, but under what Title your Orator knows not. and your Orator being justly entitled to recover the possession of such partition of the said Lands as is set forth in the said Bill, hath applied to the said George A. Kellenburger William Little and Peter Landis requesting them to deliver to your Orator the possession of the said Land or so much thereof as he is entitled. But now so it is may it please your Honor the said Kellenburger Little and Landis refuse to deliver it to your Orator the possession of the said lands or any part pretending to claim the said land and under some deed from the said John Carlile in the Bill named. In tender
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consideration whereof and for as much as your Orator can only be relieved in this Court to the end therefore that the said George Adam Kellenburger William Little and Peter Landis may be made Defendants hereto and may upon their several and respective corporal oaths full -- true and perfect answer make to the original as well as to this amended Bill as if the Allegations thereof were herein again repeated and interrogated, that the said Defendants to this bill may be deemd? to deliver the possession of the said Land by them respectively hold to your Orator and to account with him for the profits thereof and that your Orator may have such further relief as your Honor may seem right may it please Hj:?
To the Honorable the Judge of the high Court of Chancery - Humbly complaining showeth unto your honor your Orator Wilson M. Cary only acting Exo. and Trustee of Geo. W. Fairfax died in Virginia that he filed his Bill some time ago in this Court against? Jn. C. Herbert, Carlyle F Whiting Thomas Herbert and Jane his wife W. Byrd and Catharine his wife Geo. Washington and Geo. Nicholas praying a conveyance of such part of the Bloomery lands and Mills with the land thereto adjoining as he the said Geo. W. Fairfax was in his life time entitled with an account of profits to which your Orator refers as if the same were here again more particularly set forth, your Orator by way of amendment to this said Bill states that Charles Little and W. Herbert
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are Executors of said John Carlyle and Dennis Ramsay is Executor of said John Dolton in the Bill named that the said executors pretend that the Estate of the said George W. Fairfax is still indebted to the Estates of their respective testators for the consideration money which they say he was bound to pay for the Bloomery and Mills with the lands adjoining them and also that there are various unsettled accounts between the estates of their testators and that of your Orator -- to the end therefore that the said Chs. Little W Herbert and Dennis Ramsay may be made Defendants and may on their respective Corporal Oaths full answer make to the original Bill in this Cause as to the Allegations on this bill and that by a Decree of this Court all accounts subsisting between the said Estates may be settled and adjusted and that your Orator may have any other relief as to your honor may seem Just. May it please HC --
The answer of Thomas Herbert and Jane his wife unto the Bill of Wilson M. Cary Executor of George W. Fairfax against them and others. There defendants now and at all times saving and reserving to themselves all manner of exception to the orators and and insufficiencies in the said Bill contained for answer thereunto they severally say they have heard that an account of sun dry transactings for a considerable space of time remains unsettled between George W. Fairfax and Carlile and Dalton and that this should be adjusted previous to a conveyance of the land in the bill named as they have been advised, and they declare themselves ready to do anything the Court shall order relative to the conveyance after the
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account aforesaid shall be settled. The defendant Thomas further saith that he proposed to Ferdinands? Fairfax before the Commonammount? of this suit and also since, to adjust the aforesaid account fairly and finally and the and the said Ferdinanasdo? Fairfax is the Person really interested in the want of this suit These proposals he has not acceded to, and therefore the Defendant Thomas saith, no complaint ought to be made that a conveyance has not yet been included? for any interest vested in him - These defendants deny all fraud and Combination and pray to be hence diminished with their Costs. -- Fairfax County to wit. Thomas Herbert and Jane Herbert severally made Oath that they believe the several things stated in this Answer are true, and Thomas Herbert also saith in that what he hath stated as of his own knowledge is here given under my hand this ninth day of September in the year 1794. ~ M Herbert
The answer of John Carlyle Herbert an infant under the age of twenty one years by William Herbert specially appointed his Guardian to the Defend the suit brought by Wilson M. Cary only acting executor and trustee in Virginia of George William Fairfax deceased. This defendant by his Guardian William Herbert saving and reserving to himself all benefit of
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exception to the uncertainties and untruths and insufficiencies in the said bill contained for answer thereunto he saith: he denies that he ever heard before he saw the bill in this suit that in the year 1760 Geo. W. Fairfax and John Carlile and John Dolton agreed to take up and obtain a grant for the tract of land in the bill mentioned for their joint use: he doth not believe this allegation to be true and cannot admit it to be so taken, but he admits it was granted to John Carlile only. The said William Herbert hath seen the agreement dated 17th August 1765 between Preson Bowdoin of the one part and John Carlile John Dolton and Geor. W Fairfax of the other in the bill mentioned, also he hath seen a letter from Carlile and Dolton, upon this subject, and an entry in the books of John Carlile from which he believes, that George W. Fairfax was in the year 1765 entitled to one fourth part of the said Tract of land called the bloomery which in term bloomery comprehends the said patented land as well as other lands purchased of one Harden? and he believes of Stephenson, but he believes that the consideration money which Geo. W. Fairfax was to have paid for a fourth part of the said lands called bloomery described herein before set forth has never been paid by the said Geo W. Fairfax or any person for him. He refers to the agreement aforesaid with Person Bowdoin to ascertain the sum that was originally payable by G.W. Fairfax for one fourth part of the lands aforesaid called
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Bloomery, and which sum he hath good reason to believe remains yet unpaid. He refers to the letter aforesaid from Carlile and Dolton dated 22nd Nov 1774 as some evidence that a large balance was due to Carlile and Dolton on account of the said lands, and no part he believes of that balance has been since paid, the said G.W. Fairfax having never been in America since some time before that date of which he hath heard Carlile and Dolton were in partnership as Merchants for many years, and they look up many tracts upon their joint account some of which were granted to one and some to the other but yet these lands were considered by them pursuant to a written agreement as their joint property and the said William Herbert never heard of any lands that were vacant and unappropriated being granted to them in partnership with others, except in one instance where a debtor Peter Stalker conveyed his right of entry and Survey to William Ramsay John Carlile and John Dolton his creditors in satisfaction of his debt. This defendant by his guardian aforesaid further saith that he doth not believe that the said patented land was taken up at the joint exfurther? of G.W. Fairfax and Carlile and Dolton nor doth he know that ever any part of the quits? rents have been paid by the said G.W. Fairfax - He admits John Carlile died in September in the year 1780 leaving a Daughter the wife of William Herbert and mother
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of this defendant having made his Will to which he refers and that George William Carlile his Son departed this life before he arrived to the age of twenty one years and without issue?. He admits that John Dolton departed this life leaving two daughters who have intermarried as in the bill set forth. It may be true that George William Fairfax hath made the Will in the bill mentioned having often heard so. and he admits the Complainant has taken upon him the burthen of Executing it as in the bill is charged. The defendant submits his case to the Court and declares his readiness to perform whatever the Court shall decree and most especially he saith that whenever it shall appear that the said Geo. William Fairfax or his representatives have paid the Consideration Money mentioned in the said agreement as the value of one fourth part of the said lands to those who are entitled to receive it with legal Interest the defendant will execute whatever conveyance the Court shall order, and he submits to the Court the necessity and the Justice of making the Executors of John Carlile and of John Dolton defendants to this bill in order that a fair Settlement may be made of the Accounts between Carlile and Dolton, and George
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W. Fairfax, and their respective representatives previous to any decree in favor of the State demand in the bill set forth. He denies all fraud and prays to be hence dismissed with his costs. ? Fairfax county to wit William Herbert Personally appeared before me a Justice of the Peace for the said County and made oath that the several matters herein set forth are true - as he verily believes - Given Under my hand this 27th day of August in the year 1793 Benj. Dulany
The answer of Carlile Whiting an infant under the age of twenty one years by Charles Little specially appointed his Guardian to defend the suit brought by Wilson M. Cary only acting executor and trustee in Virginia of George Fairfax deceased. - This defendant by his Guardian Charles Little saving and answering to himself all benefit of exception to the uncertainties and untruths and insufficiencies in the said Bill contained for answer - Thereunto he saith; he denies that he overheard before he saw the bill in this suit, that in the year 1760 George W. Fairfax and John Carlile and John
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Dolton agreed to take up and obtain a grant for the tract of Land in the Bill mentioned for their joint use, he doth not believe this Allegation to be true and cannot admit it to be so taken, but he admits it was granted to John Carlile only. The said Charles Little hath seen the agreement dated 17th of August 1765 between Preson? Bowdoin of the one part and John Carlile and John Dolton and George W. Fairfax of the other in the bill mentioned, also he hath seen a Letter from Carlile and Dolton upon this subject and an entry in the Books of John Carlile from which he believes that George W. Fairfax was in the year 1765 entitled to one fourth part of the said tract of Land called Bloomery which term Bloomery comprehends the said Patented Land as well as other lands purchased of one Harden and he believes of Stephenson but he believes that the consideration Money which George William Fairfax was to have paid for a fourth part of the said lands called Bloomery discribed as herein before set forth has never been paid by the said George W Fairfax or any person for him - He refers to the agreement aforesaid with Preson Bowdoin to ascertain the sum that was originally payable by George W Fairfax for one fourth part of the Lands aforesaid called Bloomery and which sum he hath good reason to believe and verily doth believe remains yet unpaid - he refers to the Letter aforesaid from Carlile and Dolton dated the 22nd of November 1774 as some evidence that a large balance was due to Carlile and Dolton
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on account of the said Lands and no part he believes of that balance has been since paid, the said George W. Fairfax having never been in America since sometime before that date, of which he hath heard. Carlile and Dolton were in partnership as Merchants for many years, and they took up many tracts upon their joint account some of which were granted to one and some to the other but yet these lands were considered by them pursuant to a written agreement as their Joint Property, and the said Charles Little never heard of any lands that were vacant and unappropriated being granted to them in partnership with others except in one instance where a debtor Peter Stalker conveyed his right of Entry and Survey to William Ramsay, John Carlile and John Dolton his Creditors in satisfaction of his debt. This defendant by his guardian aforesaid further saith that he doth not believe that the said patented land was taken up at the joint expence of George W Fairfax and Carlile and Dolton nor doth he know that ever any part of the quit? rents have been paid by the said George W Fairfax. - He admits that Geo. William Carlyle Son of John Carlyle departed this life before he arrived to the age of twenty one years and without issue. He admits that John Dolton departed this life leaving two Daughters who have intermarried as in the bill set for this.
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It may be true that George William Fairfax hath made the will in the bill mentioned having often heard so: and he admits the Complainant has taken upon him the burden of executing it as in the Bill is charged. The defendant submits his case to the Court and declares his readings to perform whatever the Court shall decree, and most especially he saith that whenever it shall appear that the said George William Fairfax or his representatives have paid the Consideration Money mentioned in the said argument as the value of one fourth part of the said lands to those who are entitled to receive it with legal Interest. The defendant will execute whatever conveyance the court shall order: and he submit, to the Court the necessity and justice of making the executors of John Carlile and of John Dolton defendants to this bill in order that a fair settlement may be made of the accounts between Carlile and Dolton and George W Fairfax and their respective representatives previous to any decree in favor of the State demand in the bill set forth. He denies all fraud and prays to be dismissed with costs Fairfax county to wit Charles Little personally appeared before me a Justice of the Peace for said County and made Oath that the several matters herein set forth are true - as he verily believes. Given under my hand this 27th day of August in the year 1793 Benj. Dulany
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The answer of George Washington to the bill of Complaint exhibited against him in the high Court of Chancery in the Commonwealth of Virginia by Wilson M. Cary only acting Executor and Trustee in Virginia of George William Fairfax deceased. This defendant saving and reserving to himself all benefit of exception to the uncertainties and insufficiencies in the said bill contained for answer thereunto or unto so much there of as he is advised is material for him to answer unto, saith that he admits that George W Fairfax may have departed this life about the time in the said Bill set forth, having first made and published his last Will and testament as in the bill stated. He also admits that the said George W Fairfax in and by his said Will did appoint the said complainant together with George Nicholas and this Defendant Executors and Trustees of his estates lying in Virginia and did make such bequests and dispositions as the said bill states; but this defendant being too much engaged in publick? business as well as
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with his own private concerns to enter upon so considerable an undertaking as that confided to him by the Will of the said George W Fairfax hath uniformly refused to join in the burthen of Executing the said Will, and still influenced by the same reasons must decline interfering in the business of the said estate as Executor and Trustee. He therefore hopes that no decree of this Honorable Court will pass against him which can in any manner affect him, or bind him to undertake a Trust which for the reasons above mentioned he hath hitherto refused and denying all combination and confederacy he prays to be hence dismissed with his reasonable Costs in this behalf expended. G. Washington
The Joint answer of William Herbert and Charles Little executors of the last Will and Testament of John Carlile deceased to the bill of Complaint exhibited in the high Court of Chancery by Wilson M. Cary only acting executor and Trustee in Virginia of George William Fairfax died against John C- Herbert and others. These defendants saving and reserving to themselves all benefit of Exception to the uncertainties untruths and insufficiencies in the said Bill contained for answer thereunto or to so much thereof as they are advised is material and necessary for them to make answer unto they say - they deny that they ever
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heard before they saw the Bill in this suit, that in the year 1760 George William Fairfax and John Carlile and John Dolton, agreed to take up and obtain a grant for the tract of Land in the bill mentioned for their Joint use, they do not believe that Allegation to be true, and cannot admit it, but they admit, it was granted to John Carlile only. They have seen the agreement dated the 17th of August 1765 between Preson? Bowdoin of the one part and John Carlile John Dolton and George William Fairfax of the others in the bill mentioned. Also they have seen a letter from Carlyle and Dolton upon this subject, and an entry in the books of John Carlyle from which they believe that George William Fairfax was in the year 1765 entitled to one fourth part of the tract of Land called the Bloomery which term bloomary comprehends the said patented land, as well as other lands purchased of one Harden and they believe of Stephenson, but they believe the consideration Money which George William Fairfax was to have paid for a fourth part of said Lands called bloomery described as herein before set forth has never been paid by the said George W Fairfax or any person for him, they refer to the agreement aforesaid, with Preson Bowdoin, to ascertain the sum that was originally payable by George W Fairfax for one fourth part of the lands aforesaid called bloomery, and which sum they believe remains yet unpaid, they refer to the ? aforesaid from Carlile and Dolton dated the 22nd
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November 1774 as some evidence that a large balance was due to Carlyle and Dolton on account of the said Lands, and no part they believe of that balance has since been paid, the said George William Fairfax having never been in America since some time before that date - Carlyle and Dolton were in Partnership as Merchants for many years, and they took up many tracts of Land on their Joint account, some of which were granted to one and some to the other; but yet these lands were considered by them, pursuant to a Written agreement, as their joint property, and the said defendants never heard of any Lands that were vacant and unappropriated being in granted them in Partnership with others except in one instance where a debtor Peter Stalker? conveyed his right of entry and survey to William Ramsay John Carlyle and John Dolton his creditors in Satisfaction of his debt - The defendants further say that they do not believe that the said Patented land was taken up at the joint expense of George W Fairfax and Carlyle and Dolton nor do they know that ever any part of the quitunts? have been paid by the said George W. Fairfax - They admit that John Carlile died in September in the year 1780 leaving a Daughter the Wife of the Defendant William Herbert
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having made his Will to which they refer - and that George William Carlile his son departed this life before he arrived to the age of twenty one years and without issue - They admit that John Dolton departed this life leaving two Daughters who have intermarried as in the Bill set forth - It may be true that George William Fairfax hath made the Will in the bill maintained in having often heard so - and that the Complainant hath taken upon himself the burden of executing it as in the bill is charged. These defendants further say that it appears by the Books of accounts of Carlyle and Dolton that George William Fairfax at the time of his death stood considerably in debted to them that he had been furnished with a copy of his account which still remains unsatisfied - That they always have been and still are ready and desirous of going into a settlement of accounts between Carlyle and Dolton and the said George William Fairfax - They deny all Combination fraud ? and pray to be hence dismissed with their reasonable costs by them in this behalf expended - Wm. Herbert Charles Little Fairfax County to ? William Herbert and Charles Little
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personally appeared before me the subscriber? one of the Magistrates for the County of Fairfax and made Oath, on the Holy Evangilist that all matters set forth in the foregoing answer as of their own knowledge are true and that all other matters therein set forth they believe to be true - Given under my hand this 10th day of May 1796 - Rich. Conway
The separate answer of William Little to a Bill of Complaint exhibited against him and the Executors of Carlyle and Dolton and others by Wilson M. Cary Executor of George W Fairfax deceased in the high Court of Chancery. This defendant saving and reserving to himself now and at all times hereafter all manner of advantage and benefit of exception to the many entreaties uncertainties and imperfections in the complainants said bill contained, for answer thereto or to so much there of as he is advised is material or necessary for him to answer unto he answering saith that true i? he is in possession of all small tract of Land of an un ascertained quantity supposed to contain between Thirty and Sixty acres part of the Land stated in the bill, but that
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he claims and holds the same under a fair and just purchase from Robert Rutherford Esq. who was one of the company of said Carlile and Dolton, which purchase is evidenced by two different - agreements entered into by said Robert Rutherford on behalf of the said Company, the one bearing date the 26th. day of January 1775 the other the 14th day of October 1789, which said agreements are hereto annexed - without that there is any other matter or thing in the said complainants bill set forth necessary to be answered and that is not herein and hereby fully and sufficiently answered unto confessed or avoided, traversed or denied, all which this defendant is ready to ever and prove as this Honorable Court - shall derict?, and prays to be hence dismissed with his reasonable Costs in this behalf most wrongfully incurred. Berkeley? County to Wit. Personally came William Little before me George Hite one of the Justices of the peace for ? County and made oath that the matter stated on the foregoing answer is true. Given under my hand this 16th day of May 1800. Geo. Hite A Copy Teste Peter Tinsley CC