6 Questions Put to Mr G.W., Which Questions, He Answered, 25 August 1768

This document, given to George Wythe by an unknown correspondent, seeks his legal opinion on six questions related to the will of Benjamin Tasker Sr. (c.1690–June 19, 1768). When Tasker died in 1768 he had not completely fulfilled his role as executor of the estate of his son, Colonel Benjamin Tasker Jr. (1720-1760). Questions one through four apply to the elder Tasker's bequests while questions five and six address the trusteeship of his son's estate.

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1 Does Mr Tasker's will direct that his ^domestick slaves at Annapolis should be sold?

1 The domestic servants are included in the words 'all my negroes', and therefore should be sold.

2 Are not His 4 Daughters, who are named in the will to take 4 fifths of the Tobacco, Grain, which is & shall be made this year it the Testator's Plantation & the Stocks of all kinds

2. The present year's crop I should judge to be part of the personal estate, and to be divided in the same manner.

3 Does the will give me any control over the Legacies bequeathed to Mrs. Eliz^th Lowndes?

3 None that I can see.

4 The will directs that the Executrix shall transfer to Mrs. Ogle, Mr. Lowndes & myself 1000 £ Bank Stock in trust for Master Ben^jBenson. Have the Trustees a Power to sell ??? B__ Stock?

4 They have no power, I think, to sell the stock.

5 The late Col. Tasker did by will give to his Father all his Estate in Trust, & directed that it should be sold, & the money thence arising to be by him applied in the manner therein directed. The late Mr. Tasker sold part of his son's personal Estate amounting to          ????, but did not sell any part of the real Estate: and devised by will all his Son's ?????? personal Estate to Mrs. Ogle, Mr. C. Lowndes & my-self, authorizing us to fulfil the Trust his Son had reposed in him. Could Mr. Tasker delegate his Trusteeship to another and if that part of his will is not to operate what is to become of that part of Col. Tasker's Estate, which was not sold? But if a Trustee may create a Deputy, (as in the present case) can I consistently, agree that Mr. C. Lowndes shall receive one third of Col. Tasker's Fortune which he devises to Mrs. Eliz^th Lowndes during her Life only when the Testator forbids his

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his Executor to pay to Mr. Christopher Lowndes any part of the Profits which may arise on account of said Legacy. But to pay the yearly Interest to Mrs. Elizabeth Lowndes & that her Receipts though consent shall be sufficient discounts(?) against said Profits? 6 Mrs. Tasker hath some Bonds, wch are part of her Son's Estate, when she shall deliver them up to Mrs. Ogle, Mr. Lowndes & myself ???????????????????????, what is the ??????????? one?

5 & 6 I think Mr. Tasker could not delegate the power given to him by his son, for tho' the estate is devised to the father and so an interest coupled with his authority, such an interest seems not deviseable ^{by the father}, and if so, Mr. Tasker's will being void as to this, the real estate descends to Col. Tasker's heirs at law, subject however ^{to the trustee} as was charged with by his will. But if my opinion is wrong, a court of chancery, I believe, will not suffer Mr. Lowndes to interfere without giving security that his wife's part shall be applied as her brother ordred and intended it should be. In this colony no formal assignment of a bond is necessary to intitle the assignee to recover the debt, but it may be otherwise in Maryland.

6 Questions put to Mr G.W. which questions, he answered 25th Aug^st 1768

G. Wythe Aug 25 1768