Proceedings, etc., in Welch v. Randolph et al.

In 1794, Wakelyn Welch (a merchant in London who joined his father in business in 1783), surviving partner of Robert Cary and Company of London, sued the executors of Thomas Mann Randolph, Sr. and Richard Randolph, namely Thomas Mann Randolph, Jr., William Randolph, and John Randolph. This case was a British debt case that concerned, in part, the sale of the Middle Quarter Plantation and its slaves to John Wickham in 1800.

The judge, George Wythe of the High Court of Chancery of the Commonwealth of Virginia, eventually awarded the plaintiff, Wakelyn Welch, when the defendants, the Randolphs, did not reply to a subpoena, and after the judge rejected the defendants' motion for a dismissal. These proceedings include a description of how the Randolphs planned to pay Wakelyn Welch.

Document text, 2 March 1801

Page 1

Virginia

At a High Court of Chancery holden at the Capitol in the City of Richmond the second day of March in the year of our Lord, one thousand eight hundred and one, and in the twenty fifth year of the Commonwealth.

Before the Honorable George Wythe

Judge of the said Court.

Be it remembered, that heretofore, to wit, at a High Court of Chancery holden at the Capitol aforesaid the tenth day of September in the year of our Lord, one thousand seven hundred and ninety four, Wakelyn Welch surviving partner of Robert Cary and Company, late of the City of London, Merchants, then and there exhibited to the said Court their bill of complaint against Thomas M. Randolph and William Randolph executors of Thomas M Randolph deceased, and John Randolph an infant son and devisee of the said Thomas M Randolph, deceased, and Richard Randolph of Curles, eldest son and residuary devisee of Richard Randolph deceased, which bill and an amended bill herewith filed are in the words following, to wit,

To

Page 2

Bill.

"To the Hon.^ble George Wythe Esq.^r. Judge of the High Court of Chancery. Humbly complaining sheweth unto your Honor your Orator Wakelyn Welch surviving partner of Robert Cary and Company late of the Cit of London Merchants that Thomas Mann Randolph Esq.^r late of the county of Goochland being justly indebted to your Orator in the sum of £2232. 12.9 sterling by Bond dated on the 20^th June 1768 with legal Interest thereon from the 22.^d day of Aug.^t 1766 till payment did in order to secure the said principal sum with interest on the 23^d day of June 1793 execute a Deed of Mortgage conveying to your Orator a Tract of Land adjoining the Lands at William Randolph son of the said Thomas Mann, and the other Lands of the said Thomas Mann it being the same Tract which he had purchased of the late Col. Richard Randolph, and containing by Estimation 1500 acres together with the following slaves to wit, old Patrick old Letty Essex a fellow, little Joe a fellow Dover Joe a fellow Kned a fellow, Isaac a fellow, Patrick a lad, Billy a lad young Patrick Charles a boy son of Phillis, Joe a boy son of Phillis, Abraham a fellow, Robin a fellow Peter a fellow, Bob a boy son of Phillis, Myrtilla a woman Nancy a woman her daughter Edy & two more children Nelly a woman, her son & daughter Amey a woman her son & two daughters, Rachael a woman Sally a girl, Edy a young woman, all

which

Page 3

"which slaves were then on the said land as was set forth by the said Tom Randolph in the said Deed together with all the future increase of the said female slaves the said conveyance however to become void on payment of the said principal sum with Interest thereon as aforesaid 'till payment as will more fully appear reference being had to the said original Deed of Mortgage which has been duly proved and recorded in the General Court and which is hereto annexed that there was due on the said Bond the sum of £2041. St.^g on the 22^d August 1775 as will appear by the Acco.^t hereto annexed.

And your Orator further sheweth unto your Honor that though the said Thomas M Randolph had purchased paid for and been many years in full possession of the said Tract yet that the said Richard Randolph aforesaid had not at the time of his death executed a legal conveyance therefore and that his title hath descended and come to Richard Randolph Esq^r of Curles his heir at law and residuary Devisee. This circumstance however your Orator supposes was thought to be of no Importance by the said Tho. M Randolph as it was well understood between him and Benjamin Waller Esq.^r the agent of your Orator that a failure to pay the debt aforesaid should give him no absolute Right to the mortgaged property but that it should be considered only as a pledge for the payment of the debt due your orator.

He further sheweth your Honor that the said Thomas M Randolph of the 5.^th day of Nov.^r. 93

made

Page 4

"made and duly published his last Will & Testament whereby he devised the said mortgaged Land to his son John Randolph and his Heirs for ever having in the first place directed that the debts due him any real Estate he might dispossessed of not thereby devised and so much of his personal Estate as should be necessary for that purpose shall be applied to the discharge of the mortgages on his Dover Estate and the said mortgaged Tract which is called in the said Will and generally known by the name of the middle Quarter Plantation as will more at large appear reference being had to a true copy of the said Will which is hereto annexed and which your Orator prays may be taken as a part of this his Bill.

"That there is no Incumbrance or mortgage on the said land except the mortgage executed to your Orator.

"That Thomas M Randolph and William Randolph sons of the S.^d Tho.^s Mann and Exors named in the said Will have taken on themselves the Burden of the execution thereof and that before the suing out the Writ of Subpoena in this cause they had full notice of the mortgage aforesaid.

"That your Orator has not received payment of any part of this Debt.

"In tender consideration whereof and for as much as your Orator is only relievable in Equity. To the End therefore that the said Tho.^s M. Randolph and William Randolph Exors of Tho^s M Randolph dec.^d John Randolph his son & devisee and Richard

Randolph

Page 5

"Randolph of Curles eldest son & residuary Devisee of Richard Randolph Esq.^r dec.^d who he prays may be made Def.^ts to this his Bill may on their corporal oaths make full true and perfect answer to all and singular the premises and that as fully as if the same were herein again set forth and interrogated that unless the Debt due your Orator with Interest & costs shall be discharged within a reasonable time the S.^d Mortgaged Lands and slaves may be sold by order of this Hon.^ble court for ready money, the said Richard Randolph be compelled to join in a conveyance and the purchase money applied to the discharge of your Orator's demand and that he may have such other relief as is consistent with Equity.

"May it please your Honor to grant a writ or writs of Spa commanding the said Tho. M Randolph & W Randolph Exors of Tho. M. Randolph, John Randolph & Richard Randolph &.^c

And your Orator &.^c

"Welch &.^c

v	{ Amendmen.t to Bill
"Randolph & ad

"And your Orator begs leave to state by way of Amendment to his Bill that the said Richard Randolph did by his Deed of Bargain and sale convey all his Interest in the Land aforesaid called Middle plantation to the said Thomas Mann Randolph. That the said Deed was executed proved & recorded in the county court of Henrico in the year 1778 and was destroyed with the Records of the said County by the British Army during the late War. Your Orator saith with that the said 1500 acres

were

Page 6

award
of process

guardian
ass^d the inf.^t

"were not wholly conveyed by the said Rich^d Randolph but that a part of the Land conveyed by him was afterward and before the date of the mortgage aforesaid conveyed by the said Thomas M Randolph to W.^m Randolph his son together with an adjoining Tract called Pandemonium and that before the time of the said mortgage and at that Time the Tract held by the said Thomas M Randolph as one entire Tract called and known by the middle plantation contained besides the residue of the Land purchased of Richard Randolph and not conveyed as aforesaid to the said W.^m Randolph his son other Lands thereto adjoining which had been thereto annexed by him bounded by Tuckahoe Creek on the West and the lands of W.^m Randolph on the East and that the same included all the Land on the East side of Tuckahoe Creek which was held by the said Tho. M Randolph and your Orator charges that by the said conveyance all the Land which formed the Tract then occupied and held as one plantation and called the middle plantation passed and was conveyed the whole thereof being supposed not to contain more than fifteen hundred acres." Whereupon process of subpoena was awarded the plaintiffs ag'st the said defendents. And at a court holden at the capitol aforesaid, the seventh day of October, in the year of our Lord on thousand seven hundred and ninety four, on the motion of the plaintiff by his counsil, Thomas Mann Randolph was assigned guardian to John Randolph to defend him in this suit. And the process of subpoena awarded in this cause being returned executed on the defendents Thomas M

Randolph

Page 7

award of
attachments

nisi decree

Service of
Nisi decree

Randolph and William Randolph and Richard Randolph and they failing to appear and answer attachments for such their contempt, were awarded against them. And at a Court holden at the Capitol aforesaid the twelfth day of March in the year of our Lord one thousand seven hundred and ninety six, the defendents Thomas M Randolph, William Randolph and Richard Randolph upon whom attachments for their contempt in not answer the bill of the plaintiff hath been returned executed still failing to answer the same, the court, upon motion of the plaintiff by his counsil doth take his bill for confessed as to those defendents, and direct one of its commissioners to state and report an Account of the payments & discounts to which the defendents are intitled against the mortgage in the bill mentioned unless the said defendents on or before the tenth day of the team next after they shall have been saved with a copy of this order shew cause to the contrary: upon copies of which order, now filed with the papers in the cause, are the following endorsements "I acknowledge service of the within decree. Will.^m Randolph, Tho. M Randolph April 12, 1796 Witness. J B Clausel." "I acknowledge service of the within this 29^th April 1796 Th M Randolph. Test Bevy.ⁿ Sheppard City of Richmond to wit, Bevy.ⁿ Sheppard maketh oath before me William Richardson a magistrate for the said City, that some time before the twenty ninth day of April last, he delivered to M.^r

Richard

Page 8

"Richard Randolph a true copy of this decree. Given under my hand this first day of July 1796. William Richardson."

Commissioners Office September 7.^th 1796

Report

Agreeably to the aforegoing order, and by consent of the counsel for the parties the undersigned Commr has made the subjoined statement between the parties by which the defendants in the order named, stand indebted in the sum of Two thousand and forty two pounds nine shillings & seven pence sterling money. Or Two thousand seven hundred and twenty three pounds five shillings & one penny farthing, on the thirtieth of June 1775.

The Counsel agreeing upon the items of the account as well as dates the Commr has not further to add, but that the rate of Exchange used, was given as a rule of the Court.

Commrs fee 52 hours 319 £1. 7 1/2 charged to pct.

A.w Dunscomb. M.C.

---

D.^v The Estate of Thomas M Randolph in a/e with Wakelyn Welch &.^c... Cr.

---

		Sterling			Sterling
1772			1773
Augt 22	To amount of debt due agreeable to mortgage	2221.7.5	May 18	By Nett proceeds of 20 hhds of Tobacco & Powers	137.8.4
			1775
	To premiums & Inspection on Tobacco	12.16.7	June 30	d.o 47 p.rd.o& Rogers	364.15.8
	Interest upon balances	310.9.7		Balance due	2042.9.7
		£2544.13.7			£2544.13.7
1775
June 30th	To Balance & Contra - Sterling	£2042.9.7
	d.o in Virga Curry Exch. 33 1/3	£2723.6.1 1/4

Pub. ag.^t
J. Randolph

And at a court holden at the capitol aforesaid, the first day of October in the year of our Lord, one thousand seven hundred and ninety six, the defendent John Randolph not having entered his appearance and given security according to the act of assent by and the rules of this Court, and it appearing to the satisfaction of the Court, that he is not an inhabitant

of

Page 9

Abatement, &C
Sci.fa to revive awarded

of this Country, on the motion of the plaintiff by his counsil, it is ordered that the said defendent do appear here on the first day of the next term and answer the bill of the plaintiff, and that a Copy of this order be forthwith inserted in some newspaper of the City of Richmond for two months successively and posted at the front door of the Capitol in the said City. And at a Court holden at the Capitol aforesaid the eighth day of June, in the year, One thousand seven hundred and ninety eight, this suit abates by the death of the plaintiff and on the motion of Wakelyn Welch by his counsil, a subpoena Scire facias to revive in his name, as executor of Wakelyn Welch deceased, is awarded returnable here &.^c. And this the cause remained on the docket of the said Court, until the fourth day of October, in the year One thousand eight hundred, when the defendents, Thomas Mann Randolph, William Randolph and John Randolph, appeared by counsil and put in the following answers: "The joint and several answer of Thomas Mann Randolph and William Randolph, executors of the last Will and testament of Thomas Mann Randolph deceased, defendants to the bill of complaint, exhibited against them and others in the high court of Chancery, by Wakelyn Welch surviving partner of Cary, Moorey and Welch, Complainant. These defendents reserving to themselves every benefit of exception to the imperfections of the said bill for answer thereto say that they cannot deny the title of the complainants to have the mortgage, in the bill mentioned, foreclosed; or that the property, which has been thereby conveyed, and has come to their hands, in the quality of assetts, be

subjected

Page 10

decree for
sale

"subjected to such decree, as the court shall think proper to make as they do not mean to redeem. And denying all combination they pray to be hence dismissed with costs: Without that that &.^c"

"The answer of John Randolph (son & devisee of Thomas Mann Randolph deceased) who is now of full age to the Bill of complaint in the Honorable High County of Chancery by Wakelyn Welch executor of Wakelyn Welch surviving partner of Cary, Moorey & Welch against him and others exhibited. This defendent saving to himself all benefit of exception to the said bill, saith that he cannot deny the allegations thereof to be true, and submits to such decree as to the court shall seem right in the premisses. He further saith that if the court shall think proper to decree a sale, he has for himself no objection to its talking place so soon as the mortgaged premisses, can be advertized, as he does not intend to redeem Without that that &.^c."

And at a Court holden at the Capitol aforesaid the day and year last mentioned, this cause by consent of parties, came on to be heard on the bill, amended bill, answers, exhibits and report of the commissioners persuant to the order of the twelfth day of March in the ninety sixth year of the same century and was argued by counsil; on consideration whereof, the court doth adjudge and decree that the defendents, their heirs and all persons claiming under the said Thomas Mann Randolph deceased, be forever barred and foreclosed of all equity and night to redeme the land described and the slaves named in the indenture of mortgage among the exhibits, made the twenty third day of june in

the

Page 11

Report of
sale

the ninety third year, between Thomas Mann Randolph of the one part, and Wakelyn Welch only surviving partner of Robert Cary and company late merchants of the city of London, of the other part and that the Commissioners herein after named or any two or more of them, after giving three weeks previous notice in one of the Richmond news papers, do expose to public sale under by auction for ready money, the land and slaves in the said indenture described and named, and the increase of female slaves, and out of the procedes of such sale, pay unto the plaintiff, or to his agent, two thousand seven hundred and twenty three pounds six shillings and one penny farthing of current money of Virginia equal to two thousand and forty two pounds nine shillings and seven pence, sterling with interest thereupon to be computed after the rate of five per centum per annum from the thirtieth day of June, in the seventy fifth year of the foresaid Century till paid and the costs expended by the plaintiff in the prosecution of this suit, and the surplus, of the procedes if any after deducting the expences attending the sale, pay to the defendents and John Brown John Barret, John Hopkins, Thomas Rutherford and Charles Johnson are appointed Commissioners, and are required to report their proceedings in execution hereof to the count.

A Copy Teste Peter Tinsley G.G.

Plfs costs CCK & Shrfs fees $21.9

L fee and tax ____________ 17.66

Com.^rs fee _______________ 3.45

Pursuant to the order of the High Court of Chancery to which this is annexed hearing Date on the 4^th day of October 1800 we the subscribers after having advertised the Lands and slaves therein no auctioned proceeded to expose the same to sale on the promises on Saturday the 8^th day

of

Page 12

of November last when the slaves known to be alive and the Increase of the Females being first set up were sold as follows.

Lity and his wife Nanny	To John Wickham	£1.._
Essex	To... ditto	50._._
Little Joe wife Amy & child Cloe	To... ditto	55._._
Ned	To... ditto	101._._
Charles, a negro man	To Charles Johnson	125._._
Joe a Boy	To John Wickham	75._._
Abram Edy his wife & 4 Children "Nanny, Betty, Lucy, & Abram}	To... ditto	240._._
Bob, a boy	To... ditto	116._._
Myrtilla an old woman	Not sold	_._._
Edith Nanny's daughter	To John Wickham	75._._
Fanny... ditto	To... ditto	50._._
Milly... ditto	To... ditto	75._._
Nelly, Isaac's wife & 2 daughters Phillis & Esther	To... ditto	75._._
Kate daughter of Nelly	To... ditto	56._._
Sam son of ditto	To... ditto	87._._
Margaret daughter of Amy	To... ditto	60._._
Sally daughter of Phillis	To... ditto	70._._
Dover Joe	To... ditto	86._._
The whole of the slaves amounting to		£1397._._
The Land aforesaid was then sold to John Wickham he being the highest bidder for		5000._._
	Total	£6397._._
And the Mortgage Debt with Interest to that day and costs amounting to		6187.18.10
There remained a surplus of		£209.1.2

Which surplus we have accounted for with John Wickham who produced to us the annexed order from John Randolph the Devisee of the Land aforesaid to which William Randolph one of the Executors of Thomas Mann Randolph is a Witness. The principal and Interest of the mortgage Debt and Costs of suit have been accounted for with Benjamin C Waller Esq.^r the agent and atts: in Fact of the Plaintiff and we have executed a conveyance for __ said Land to John Wickham the purchaser a copy whereof __ hereto annexed. Jn.^a Hopkins

Thomas Rutherford Cha.^r Johnston

The

Page 13

The Commissioners who acted under the decree of the high court of Chancery in the case of Welch vs: the Representatives of my father & others are hereby directed to pay the surplus money which arose from the sale to John Wickham Esq.^r Given under my hand 13.^th Nov.^r 1800. Teste. Will.^m Randolph. John Randolph

This Indenture made this 10.^th Day of January in the year of our Lord one thousand eight hundred, between John Hopkins Thomas Rutherford and Charles Johnson commissioners appointed by the High Court of Chancery on the one part and John Wickham of the City of Richmond on the other. Whereas by a Decree made by the High Court of Chancery on the fourth day of October one thousand eight hundred in a suit between Wakelyn Welch Executor of the Last Will and Testament of Wakelyn Welch dec'ed surviving partner of Cary Moorey and Welch late Merchants and partners Plantiffs and Richard Randolph son and Heir of Richard Randolph the Elder and John Randolph son and devisee of Thomas M. Randolph dec'ed and Thomas Mann Randolph and William Randolph Executors of the last Will and Testament of the said Thomas Mann Randolph dec'ed Defendants. it was ordered that the said John Hopkins Thomas Rutherford and Charles Johnson and John Brown and John Barrett or any two or more of them should proceed to sell for ready money a Tract of Land which formerly belonged to the said Thomas Mann Randolph dec'ed and was mortgaged by him to Wakelyn Welch surviving partner of Cary Moorey and Welch known by the name of middle plantation together with sundry slaves also mortgaged as aforesaid as will more fully appear reference being had to the record of the said proceedings and Decree remaining in the said Court. And whereas in pursuance of the said Decree the same John Hopkins Thomas Rutherford and Charles Johnson after three weeks notice in the Virginia Gazette did Expose

to

Page 14

to sale the Land and slaves aforesaid on the eighth day of November in the year one thousand eight hundred at public auctions for ready money and the said John Wickham according to the Terms of Sale became the purchaser at the price of Five thousand Pounds current money of Virginia Now this Indenture witnesseth that in pursuance of the powers in us vested and for and in Consideration of the premises and for and in Consideration of the sum of five shillings to us in hand paid the receipt whereof we do hereby acknowledge we the said John Hopkins Thomas Rutherford and Charles Johnson have granted Bargained and sold and do by these presents grant Bargain and sell to the said John Wickham his Heirs and assigns forever all that Tract or parcel of Land situate lying and being in the County of Henrico known by the name of middle Quarter or plantation containing as is stated in the said Deed of Mortgage fifteen hundred acres be the same more or less the Boundaries whereof as described in a Deed of Release from John Randolph aforesaid to the said John Wickham bearing date on the twelfth day of November last past are as follows. Beginning on the lower side on the Bank of James River at a Gully on the line between the said plantation and the Tract called the lower plantation conveyed by the said Thomas Mann Randolph to his son William Randolph by Deed bearing date on the second day of December one thousand seven hundred and ninety two and Recorded in the County Court of Henrico thence with the said line North six degrees West sixty chains and a half to a Sycamore on the Bank of Tuckahoe Creek thence across the said Creek to an Elm on the opposite Bank thence North twenty four East one hundred and four chains to a White Oak on the Road from the middle Quarter to Richmond thence with the said Road ninety six chains to a White Oak thence North twenty four East seventy five chains to the main Road where begins the line of a Tract of Land conveyed by the said Thomas Mann Randolph to Samuel Drew in by Deed bearing date on the eighth day of

January

Page 15

January one thousand seven hundred and ninety three recorded in the County Court of Henrico thence round the Land of the said Drew in according to the courses laid down in his Deed aforesaid untill it strikes the aforesaid line of Land conveyed by the said Thomas Mann Randolph to William Randolph thence along the said line North twenty four East till it strikes the corner of the small Tract of Land sold by the said Thomas Mann Randolph to John Ellis thence North seventy seven West to the mouth of Deep Run where it falls into Tuckahoe Creek on Mill pond Thence down the main channel of Tuckahoe Creek unto the place where it forks adjoining Tuckahoe Island thence down the Western run of Tuckahoe Creek to a white oak on the Bank of Tuckahoe Island where the dividing Fence on the said Island between the middle plantation and the Tuckahoe Estate begins thence South nine Degrees West sixteen poles to a sweet Gum in the said Fence then with the said Fence crossing the Island south five Degrees West ninety four poles to a Walnut and Sassafras on the Bank of the River thence down the River two hundred and seventy one poles to the beginning The same being the bounds of the said middle plantation at the time of the Execution of the said Mortgage as will more fully appear Reference being had to the said Deed Recorded in the General Court.

To have and to hold the said Tract of Land with all and singular the appurtenances thereunto belonging to him the said John Wickham his Heirs and assigns forever to his and their proper use. In witness whereof we have hereunto set our Hands and Seals the Day and Year aforesaid

Sealed and Delivered In the presence of

signed John Hopkins {Seal}

Tho.^s Rutherford {Seal}

Cha.^s Johnston {Seal}

And

Page 16

Final decree.

Exhibits.

And at a High Court of Chancery holden at the Capitol aforesaid the fourth day of March in the year of our Lord one thousand eight hundred and one, the Report pursuant to the decretal order pronounced in this cause on the fourth day of October last, to which no exception was taken, being approved by the Court, is this fourth day of March, in the year of our Lord one thousand eight hundred and one, confirmed. Signed the 4th day of March 1801

The Exhibits filed in the cause, are as follow. Know all Men, by these Presents, That We Archibald Cary and Thomas Mann Randolph of Tuckahoe are held and firmly bound unto Robert Cary Esq.^r John Moorey & Wakelyn Welch of the City of London Merchants in the just and full sum of Five thousand pounds sterling to be paid unto the said Cary Moorey & Welch their certain Attorney, their Heirs, Executors, Administrators, or Assigns: To which payment, well and truly to be made, We bind ourselves jointly & severally our joint and several Heirs, Executors, and Administrators, firmly by these Presents. Sealed with our seals, and dated this twentieth Day of June Anno Dom. One Thousand Seven Hundred and Sixty Eight.

The condition of the above Obligation is such, That if the above bound Archibald Cary do and shall well and truly pay, or cause to be paid, unto the said Cary Moorey & Welch, their certain Attorney, their Executors, Administrators, or Assigns, the just sum of Two thousand two hundred and thirty two Pounds twelve shillings and nine pence sterling with legal Interest thereon from the twenty second day of August 1766. Then the above obligation to be void, or else to remain in full force and virtue. Sealed & delivered in the payment of J Wayles

Archibald Cary {Seal}

Thomas M Randolph {Seal}

This

Page 17

This Indenture made the Twenty third Day of June in the year of our Lord one thousand seven hundred and ninety three Between Thomas Mann Randolph of the County of Goochland in the Commonwealth of Virginia of the one part, and Wakelin Welch only surviving partner of Robert Cary & Company late Merchants of the city of London on the other part. Whereas the said Thomas Mann Randolph stands justly indebted to the said Wakelin Welch only surviving partner of Robert Cary & Company late Merchants of the city of London in the just sum of Two thousand two hundred thirty two pounds twelve shillings and nine pence sterling money of the Kingdom of Great Britain by Bond dates the twentieth day of June one thousand seven hundred and sixty eight, with legal Interest thereon to be computed after the rate of 5% centum % annum from the twenty second day of August one thousand seven hundred and sixty six, and the said Thomas Mann Randolph is anxious and willing to secure the payment of the said Two thousand two hundred thirty two pounds, twelve shillings and nine pence sterling Money as aforesaid with Interest as aforesaid, to the said Wakelin Welch only surviving partner of Robert Cary & C^o late Merchants as aforesaid. Now this Indenture witnesseth that the said Thomas Mann Randolph as well to secure the payment of the said Two thousand two hundred thirty two pounds twelve shillings and nine pence sterling money as aforesaid with Interest thereon to be computed after the rate of 5% centum % annum from the said twenty second day August one thousand seven hundred and sixty six till payment, as for and in consideration of the sum of five shillings current money of Virginia to him paid by the said Wakelin Welch only surviving partner of Robert Cary and Company late Merchants as aforesaid. the Receipt whereof he doth hereby acknowledge and thereof acquit and discharge the said Wakelin

his

Page 18

his Executors and Administrators, He the said Thomas Mann Randolph hath Granted, Bargained, Sold, alien'd and confirmed . And by these Presents Doth Grant Bargain, Sell, Alien and confirm unto the said Wakelin Welch only surviving Partner of Robert Cary and Company late Merchants as aforesaid. All that Tract or Parcel of Land situate lying and being in the Parish of in the County of Goochland containing by Estimation one thousand five hundred acres be the same more or less and bounded by the Lands of the said Thomas Mann Randolph, and the Lands of his son, William Randolph, it being the same Tract or parcel of Land which the said Thomas Mann Randolph purchased of Col.^o Richard Randolph, and the following slaves to wit - Old Patrick, old Litey, Essex a fellow, little Joe a fellow, Dover Joe a fellow, Kned a fellow, Isaac a fellow, Patrick a lad, Billey a lad, young Patrick, Charles a Boy son of Phillis, Joe a Boy son of Phillis, Abraham a fellow, Robin a fellow, Peter a fellow, Bob a boy son of Phillis, Myrtilla a woman Nanny a woman, her daughter Edy & two more Children, Nelly a woman her son and a Daughter, Amey a woman her son & two Daughters, Rachael a woman, Sally a Girl, Edy a young woman all which slaves are now on the said Land now bargained and sold, together with the future increase of the said Female slaves. And all Houses, Outhouses, Woods, Ways, Waters, Water courses, Swamps, Low Grounds, Profits, Commodities, Advantages, Hereditaments and Appurtenances whatsoever to the said Tract of Land belonging or in any wise appertaining, and the Reversion and Reversions, Remainder and Remainders, Rents, Issues and Profits thereof, and all the Estate Right, Title, Interest, property claim and Demand Whatsoever of him the said Thomas Mann Randolph his Heirs, Executors or Administrators

of

Page 19

of in and to the said Tract of Land and Premises, with the Appurtenances. To have and to hold the said Tract of Land and Premises with the appurtenances and the said mentioned slaves, and the future increase of the said female slaves unto him the said Wakelin Welch only surviving partner of Robert Cary & Company late Merch.^ts as aforesaid, his Heirs and Assigns to the only proper use and Behoof of him the said Wakelin Welch only surviving partner as aforesaid his Heirs and Assigns forever, provided always, and these Presents are upon this Condition that if the said Thomas Mann Randolph his Heirs Executors or Administrators shall well and truly pay unto the said Wakelin Welch only surviving Partner of Robert Cary & Company late Merchants as aforesaid the said sum of Two thousand two hundred thirty two pounds twelve shillings and nine pence, sterling money of the Kingdom of Great Britain with legal Interest thereon to be computed after the Rate of 5% centum % annum from the twenty second Day of August One thousand seven hundred and sixty six till payment on or before the Tenth Day of November one thousand seven hundred and ninety three without fraud or further delay then these Presents, and everything herein contained shall cease determine and become void, and it is further agreed between the said parties to these Presents that until default is made in the Proviso or condition before mentioned, it shall and maybe lawful for the said Thomas Mann Randolph his Heirs &.^c to continue in the possession of the said Tract of Land and premises and the said slaves. In Witness whereof the parties to these presents have hereunto interchangeably set their Hands & affixed their seals this said twenty third day of June one thousand seven hundred & ninety three. Sealed & delivered in presence

Cha.^s Fargrson John Tinsley

Stephen Clarke Bon W Waller

Tho. M Randolph {LS}

Virginia

Page 20

Virginia to wit

At a General Court held at the Capital in the City of Richmond the 18.^th day of November 1793

This Indenture was proved by the oaths Stephen Clarke John Tinsley jun.^r and Charles Fargrson witnesses thereto and ordered to be recorded. teste J. Brown C&: Cur:

---

D. Archibald Cary Esq^r of Virginia in a/e Curr.^t with Robert Cary & C.^o of London C.^o

---

1772			1773
Aug 22	To Ball.e as&accot rendered & Gooseley	2221.7.5	May 18	By N.tt proceeds of 20hh.ds Tob.o & Power	137.8.4
1773	Ditto To 1 Years Interest on £2100. to this day	105._._	Augt 22	By Ballance due to us	2188.19.1
		£2326.7.5			£2326.7.5
			1775
Ditto	To Balance as & Accot rendered & Esten	2188.19.1	June 30	By Net proceeds of 27 hh.ds Tob.o & Power	220.2.8
1774 Ditto	To 1 Years Interest on £2080. to this day	104._._		By ditto... 20 do...& Rodgers	144.13._
Octr 26	To Prem.o of £216. Insd.on 27hh.hs Feb.o & Power	6.15.1	Aug.t 22	By Balance due to us	2041._._
Nov.r 7	To d.o 160.d.o 20 do & Rogers	5.1.6
1775 Mar 15.	To Cap.t Power for Inspection of 4 hhds Tob.o	1._._
Augt 22	To 1 Years Interest on £2000 to this day	100._._
		£2405.15.8			£2405.15.8
D.o	To Ballance as & Account rendered	2041._._	1783
1776 Aug.t 22	To 1 Years Interest on £1900 to this day	95._._	Feb.y 22	By Ballance due to us	2786._._
1777	d.o To...ditto...£2000...d.o	100._._
1778	d.o To...ditto...ditto	100._._
1779	d.o To...ditto...ditto	100._._
1780	d.o To...ditto...ditto	100._._
1781	d.o To...ditto...ditto	100._._
1782	d.o To...ditto...ditto	100._._
1783 Feb. 22	To 6 Months interest.. ditto	50._._
		£2786._._			£2786._._

London 22.d February 1783 Errors Expelled
As a part Security for his debt have his & Tho.s Mann Randolph's	Wake Welch
joint Bond for £2232.12.9 dated 22 June 1768	Surviving partner to Cary & Moorey both Deceased

In the name of God amen, I Thomas Mann Randolph being sick & low in Body but of perfect mind & Recollection do make & ordain this writing as my last Will & Testament. In the first place it is my desire that the debts due me and any real Estate I may die posses'd of not heretofore dispos'd of or herein Devised, together with so much of my personal Estate as shall be necessary for that purpose, shall be apply'd to pay off & discharge the mortgages or other incumbrances upon what are call'd my Dover & middle Quarter plantations & afterwards to other Debts that may be found

legally

Page 21

legally due from me.

I give & Devise to my son John & his Heirs forever all that tract of land that I purchased of Col.^o Rich^d Randolph, which is usually known & call'd by the name of the middle Quarter or Plantation. I give & Devise to my Daughters Judah, Anna, Jane, Harriot & Virginia & their Heirs forever as Tenants in common all my tract or tracts of Land Including the Island as well as the high or main land that is usually known & call'd by the name of my Dover Estate, and authorize & impower my Ex.^rs hereafter named to sell & dispose of the said Lands upon such credits as they think most advisable for the best price that can be had, & equally divide the money arising therefrom amongst my said Daughters Judah, Anne, Jane, Harriot & Virginia as they come of age or marry in the mean time the Interest arising from the sales to be apply'd to their support if either of my unmarried daughters shall die before she comes of age or marrys in that case it is my Will that her portion be equally divided between her other unmarry'd sisters, the residue of my Estate not heretofore dispos'd of, if any shall remain after the payment of my just debts I subject in the first place to the payment of an annuity of twenty pounds a year to M.^rs Graves during her natural life, secondly I Will one fourth of all such remaining Estate to my son John & the other three fourths to be divided in equal proportions amongst my Daughters Judah, Anne, Jane, Harriot & Virginia having already made ample provision for my wife Gabriella & through her for my youngest son Thomas Mann I have no occasion to make farther mention of them, I have also made already as large a provision for my two eldest Daughters as the circumstances of my fortune & justice to the rest of my children will justify.

Lastly I appoint my eldest son Thomas M. Randolph & my son William Randolph Ex.^rs of this my last Will.

Given under my hand this 5.^th day of

November

Page 22

November 1793.

Tho. M. Randolph {SEAL}

Sign'd seal'd publish'd & declared}

In presence of}

Emelia Harvie

William Mewburn

John Harvie

At a court held for Goochland County the 19^th day of May 1794. This writing was presented in Court and proved, in solemn form, by William Mewburn to be the last Will and testament of Thomas M Randolph dec.^d which was continued for further proof. Teste

W.^m Miller C.^lC.^t

For copy Farl: Bates D.C.G.C

To the honorable the Judges of the High Court of Chancery

Humbly complaining sheweth unto your Honors your Orators Thomas Walke Exor of Anthony Walke deced & Richard K Meade admor &.^c of Elizabeth his late wife deced in behalf of themselves and others, creditors of Richard Randolph deceased or of Ryland Randolph deceased who will come in and contribute to the expence of this suit. That the above mentioned Richard Randolph on the 7.^th day of May 1768 drew a Bill of Exchange in favor of Anthony Walke deceased the Testator of your Orator Thomas Walke for the sum of £243.10. sterling which bill was protested in due form according to the custom of Merchants, whereby your Orator Thomas Walke had a right to demand of the said Richard Randolph in his life time and of his Executors herein after named since his death the said sum of £243.10. sterling with interest and damages according to Law and that the said Richard as Executor of the last Will of his father Richard possessed himself of a legacy of Sterling bequeathed in the Will of the said Richard the father to his daughter the said Elizabeth then an Infant who afterwards intermarried with your Orator Richard Kidder of which legacy a sum amounting with the interest thereon to about is still due but which was alledged by the said Richard in his lifetime to have been place in the

hands

Page 23

hands of the said Ryland. And your Orator, further sheweth unto your honors, that the above named Richard together with a certain Thomas Mann Randolph, in the year of our Lourd inorsed a bill of Exchange, which was drawn by Ryland Randolph brother of the above mentioned Richard, upon John Hindman &C.^o for the sum of . That the above mentioned Ryland, and received no consideration therefor. That the said bill returned, having been protected according to the custom of Merchants, and came into the hands of a certain George Purdie of Smithfield in this state, as Agent or endorsee of Mess.^rs Hindman &C.^o of London. That the said Ryland did on the 8.^th day of May 1774 as your Orators have been informed to secure the abovementioned surityship and to indemnify the above mentioned Thomas Mann for certain other surityships entered into for the said Ryland, convey unto Archibald Cary and Thomas Randolph Esquires of Chesterfield and their heirs, a certain tract of Land in the County of Henrico. Containing by estimation twelve hundred Acres usually known by the name of Turkey Island and fifty five slaves in trust and for the special purpose that whensoever any Action should be prosecuted and judgment rendered against the said Thomas Mann and Richard or either of them, their or either of their Heirs &^c for all or any of the monies in the said deed of Trust mentioned, that then the said Archibald or Thomas, their or either of their heirs &^c might expose to sale such parts of the Land, and such parts of the slaves as the said Ryland his Heirs &.^c at the request of the said Archibald & Thomas or either of them, their or either of their

Heirs

Page 24

Heirs &.^c should appoint or on failure, either at the time of such request or any time within seven days after, then such parts as the said Archibald & Thomas or either of them their or either of their heirs &.^c should think fit and the monies arising from such sale, should apply towards satisfying such judgments and indemnifying the said Thomas Mann and Richard their heirs &.^c from all loss which might accrue to them or either or any of them in consequence of any the said Judgments, Executions or other process compulsory before mentioned. And your Orator further sheweth, that the said deed of Trust never was recorded as the Law requires on account of the said Ryland's preventing John Eldridge one of the witnesses thereto from attending Court by threats as your Orator hath been informed. That, this being the case the above mentioned Rich.^d and Tho.^s Mann Randolph grew uneasy about their abovementioned securityships for the said bills which had been drawn by the abovementioned Ryland, and in the year 1777 a negotiation was entered into between them, by which it was agreed that the said Richard should sell to the said Thomas Mann his landed estate called Tuckahoe for the sum of six thousand pounds, which it was agreed should be paid to the said Ryland by the said Thomas Mann, and in consequence thereof the said Ryland was to become debtor to the said Richard twelve thousand pounds payable at the said Rylands death, to secure the payment whereof the said Ryland was to execute to the above mentioned Richard a deed of Trust for his landed estate to wit Turkey Island & his share of Martins Swamp, both lying in Henrico County, and your Orator further sheweth that the six thousand pounds which was paid by the above mentioned Thomas Mann Randolph, to the said Ryland, on account of Richard abovementioned (being the consideration for which the said Richard

sold

Page 25

sold his Tuckahoe Estate to the said Thomass Mann) was by the said Ryland to be paid to the above mentioned George Purdie, who had promised that he would receive it, as Your Orator has been informed in discharge of the Bill of Exchange above set forth to have been drawn by the said Ryland and endorsed by the said Thomas Mann and Richard. That the said Ryland in December 1777 wrote and delivered to the said Richard, a receipt, acknowledging that he had received from the said Richard a bond of Col.^o Thomas Mann Randolph for £6150, on condition that he should execute a deed of Trust for his landed property binding it to the payment of £12000, on his death. That at the time of delivering the said receipt the said Ryland declared that that paper was not intended to give the said Richard a reversion in his Estate became that would injure his Credit; but that he intended that Turkey Island and his share of Martin's should be sold at his death to pay £12,000. That the abovementioned Thomas Mann Randolph paid to the said Ryland for the abovementioned, afterwards offered the amount of the bills of Echange which had been drawn by him on Mess.^rs Hindman &C.^o to M.^r George Purdie the holder of the said Bills who refused to receive the money, whereupon it was paid into the Treasury under the Laws of this State. And your Orator further sheweth that the abovementioned Richard in the year of our Lord 1776 purchased a valuable tract of Land called Coggins point, and a number of slaves from your Orator Richard Kidder Meade Esq.^r for the sum of £5575. That the said Richard intended to sell his Tuckahoe Estate to the said Thomas Mann, that the said Thomas Mann might become paymaster to your Orator, Richard Kidder Meade, and the said Richard was prevented from making

their

Page 26

their arrangement by the aforementioned Bargain with his brother Ryland, who at that time was about to sell his estate to a certain M.^r Pleasants, on terms similar to to those on which the Bargain between the said Richard and the said Ryland was concluded: and your Orator further sheweth unto your honors, that on the 15.^th day of December 1777 (which is the date of the abovementioned receipt from the said Ryland hereto annexed & referred to as a part of this Bill) or at some other time, the abovementioned Thomas Mann delivered to the said Richard to be cancelled the deed of Trust abovementioned which had been executed by the said Ryland to indemnify the said Thomas Mann & Richard for their suretyships to the said Bill of Exchange. And your Orator further sheweth unto your Honors that the said Richard and Thomas Mann, thinking that the said Ryland Randolph had satisfied the abovementioned John Hindman &C.^o for the amount of the said Richard & Thomas Mann in the names of Archibald Cary and Thomas Randolph Esq.^rs of Chesterfield parties to the deed of Trust first abovementioned was prepared, by which release all estate of them, the said Archibald & Thomas of Chesterfield, Trustees, was intended to be reconveyed to the said Ryland; but the said release never was executed for some reason unknown to your Orator. And your Orator further sheweth unto your Honors, that a deed of Trust was drawn by which it was intended that the said Ryland should convey Turkey Island and one undivided third part of Martins Swamp to some third person in Trust to permit the said Ryland to enjoy the same during his natural life, and after his death to raise the sum of £12,000, by sale of the premises, and afterwards to revert to the said Ryland & Heirs, within one Calender

month

Page 27

month after the death of the said Ryland, which said deed of Trust is in possession of your Orator and ready to be produced if required. That the said deed of Trust was proffered to the said Ryland to be executed by him according to the receipt above set forth particularly about the month of February or March 1782, when the said Ryland refused to sign it saying that it was not according to the bargain. 1.^th because it was to secure the payment of £12000, whereas he contended it ought to have been only for the payment of £10,000. 2^dly because as he said it conveyed the reversion absolutely, & 3^dly because he thought it was bound himself to make provision for payment during his life, which will more readily appear from the said objections in the hand writing of the said Ryland, hereto annexed & referred to as a part of this Bill; the first of which objections your Orators charge to be contradicted by the rec't abovementioned which obliges the said Ryland to bind his aforementioned Estate for the payment of £12000, and the second and third appear to be errors from the deed of Trust last mentioned. And your Orators further shew unto your Honors that the said Ryland Randolph on the day of departed this life having first made his last Will & Testament written with his own hand and dated the 11.^th day of December 1784, whereby he directed his Executors as soon as possible after paying all his legal and just debts, to raise from the sale of his property £3000. Sterling to be laid out and appropriated to certain uses described and defined in the said Will and a Codicil thereto annexed, which said Will and Codicil hath been duly recorded in the County Court of Henrico, and attested copy whereof is hereto annexed and referred to as a part of this bill. That by his said Will the above named Ryland Randolph has made his Estate both real and personal liable to the payment of his debts. That he was indebted to the said Richard a very large sum exclusive of the abovementioned £12,000.

And

Page 28

And your Orators farther shew that administration of the said Ryland Randolph Estate, with the Will annexed, was granted to his brother Richard Randolph of Curles the Exors therein named having refused to undertake the burthen of the Exorship. That the said Richard Randolph administrator aforesaid, who was also heir at Law to the above named Ryland, took possession of the said Rylands Estate real and personal and hath since departed this life having first, to wit on the 21.^st day of March 1786, by his last Will and Testament appointed his sons Richard (who is heir at law to the said Richard first named) and David Meade Randolph Executors of his said last Will & Testament which said last mentioned Richard and David Meade Randolph have qualified thereto and are acting Executors of the said Testator Richard Randolph. That the above mentioned David Meade Randolph is also administrators De bonis non of the Goods and Chattels of the abovementioned Ryland unadministered by the said Richard the first named.

That the abovementioned Richard the Testator by his Will or Record in the Court of (to which your Orator refers as a part of this Bill.

That as your Orators are advised, the said last mentioned Richard had a lien on the abovementioned tract called Turkey Island and one undivided third part of Martins Swamp, and that in Equity the same is to be looked upon as mortgaged to the said Richard last mentioned called Turkey Island that the said Tract and the said share of Martins Swamp becomes equitable assets in the hands of the said David Meade Randolph and the son Richard Exors of Richard the father. That at any rate incase of a deficiency of other assets the said tract is liable to the payment of the debts of the said Richard the father so far as the said 12000£ and the other monies due from the said Ryland to the said Richard & particularly of the debts due to your Orators above set forth, as they are by the laws of

this

Page 29

this Commonwealth. Debts of very high dignity. And your Orators further shew unto your Honors, that the other assets of the said Richard the father, in the hands of his Exors abovementioned, are exhausted in the payment of other debts. That your Orators have frequently applyed to the said Richard the son and David Meade Exors of their father Richard (which said Richard the son is also heir at law to the above mentioned Ryland, and the said David Meade administrator de bonis non of the said Ryland as above setforth, and requested that they would pay your Orators their abovementioned demand. But now so it is May is please your Honors, that the said Richard the son and David Meade Randolph refuse this your Orators reasonable request which is contrary to equity and good conscience In tender consideration whereof and for as much as your Orator is remediless in the premises except by the aid of a Court of Equity to the end that the said Richard the son and David Meade Randolph may on their respective corporal oaths, full true and perfect answer make to all and singular the premises as fully as if the same were here repeated _ that they may either admit assets sufficient to pay the demands of your Orators or otherwise may setforth an account of the said Richard the fathers personal Estate and the value of what part thereof hath come to their hands? How they have disposed thereof? Who hath received the profits of the abovementioned Tract called Turkey Island? What is their amount? And that in case the other assets of the said Richard the father are not sufficient to pay the debts due your Orators or should be exhausted by the payment of other debts, the said tract of Land called Turkey Island and share of Martins Swamp may be sold to satisfy debts due from Ryland to Richard Randolph as aforesaid and that out of the money arising from such sale your Orators and others the creditors of the said Testator who shall come in and contribute to the expences of this suit may be paid

their

Page 30

their debts according to their dignity with Interest & Costs that all proper parties may join in the sale of the said Estate as this honorable Court shall direct. That the Heir or other representative of the said Ryland Randolph may be foreclosed of all equity of redemption of the said tract called Turkey Island and share of Martins Swamp, and that your Orator may have such other and further relief on the premises as to your Honors in conscience and equity may seem meet, may it please your Honors to grant to your Orator the Commonwealths writ or writs of subpoena commanding the said Thomas Mann Randolph, the said Richard and David Meade Randolph as executors of their father Richard Randolph deced who was Admor of Ryland Randolph, the said Richard Randolph the son as heir at Law to the said Ryland and the said David Meade Randolph as Admor of the goods & chattels of the said Ryland unadministered by the Admor Richard Randolph to appear &.^c &.^c

W Nelson p.g.

The joint and several answer of Richard Randolph Heir at Law of Ryland Randolph deced and of David Meade Randolph Administrator de bonis non with the will annexed of the said Ryland Randolph to the bill of complaint exhibited against themselves and others by Anthony Walke.

These respondents saving to themselves every benefit of exception to the Complainants bill for answer thereto say that they admit the deed of Trust made by the said Ryland ^Randolph in his life time to Archibald Cary and Thomas Randolph Esq.^rs of Chesterfield for the purposes in the bill mentioned which deed never was recorded. They also admit the sale of Tuckahoe to Col.^o Tho.^s M Randolph, the agreement between Ryland Randolph and Richard Randolph concerning a deed of Trust on Turkey Island & Martins Swamp to secure the payment of twelve thousand pounds on the death of Ryland Randolph, and the payment of the purchase money for Tuckahoe from Thomas M. Randolph

to

Page 31

to Ryland Randolph to have been as stated in the bill.

These respondents also admit the treaty between Thomas Mann Randolph and Richard Randolph concerning the sale of Tuckahoe for the purpose of paying Richard K Meade the purchase money for Coggins point as stated in the bill. These respondents believe that the deed of Trust from Ryalnd Ryland to Archibald Cary and Thomas Randolph was delivered up to Richard Randolph as stated in the bill, and that the release was prepared as the bill states. These respondents admit that the deed of Trust annexed to the bill was prepared and tendered to the said Ryland in his life time, that he refused to execute the same, and that the paper annexed to the bill containing his reasons for refusing is the genuine paper in his hand writing which he gave in on the occasion. These respondents admit that Ryland Randolph died at the time and made such last Will and Testament as the bill states a true copy of which is annexed to the bill, that his Executors therein named refused to take upon themselves the burthen of the Execution of the said Will that administration of his estate with the Will annexed was granted to Richard Randolph on whose death administration with the Will annexed of the goods unadministered was granted to this respondent David M Randolph. These respondents say that they believe the Estate of Ryland Randolph was indebted to Richard Randolph independent of the sum due on the deed of Trust, That Richard Randolph as administrator retained the same in his hands but they suppose the law would direct the said money so retained to be paid to creditors of Higher dignity, having in proper time asserted their claims notwithstanding the claim of the said Richard's executors on the Estate of

the

Page 32

the said Ryland. These respondents submit themselves entirely to this Honourable Court & may to be hence dismissed.

J Marshall for Defendants

The answer of Richard Randolph and David Meade Randolph executors of Richard Randolph deced to the bill of complaint exhibited against themselves and others in this Honorable Court by Anthony Walke. These respondents saving to themselves every benefit of exception to the complainants bill for answer thereto say That they admit the claim of the complainant as stated in his bill on the estate of their Testator to be just, they admit the transactions between their Testator and Ryland Randolph to have been as stated in the bill, and conceive that Turkey Island and the said Rylands share of Martins Swamp should be Equitable assets in their hands for the payment of the debts of their Testator to the amount of the sum which the said lands were intended to have secured, the prior deed having been delivered up to be cancelled as appears by the deed itself found among the papers of their Testator which they annex & refer to. These respondents refer to a bill filed by them in this Honorable Court for a statement of the assets in their hands and of the debts due from their Testator. These respondents submit themselves entirely to this Honorable Court, they trust that the said lands will be decreed to be sold and the money so far as these respondents are entitled to receive the same under the equitable Mortgage stated in the bill may be decreased to be distributed among the creditors of their Testator as this Honorable Court shall direct. These respondents deny all combination, and pray to be hence dismissed. And these respondents will ever pray &.^c

J Marshall p.d.

Benjamin Harrison ju.^r of lawful age, being first sworn on the Holy Evangelist of Almighty God, deposeth and sayeth, that he this deponent becoming a member of

the

Page 33

the family of the late Colonel Richard Randolph of Curles by marrying one of his daughters in April 1776 and residing much at Curles was often informed by the said Richard of his engagements in money matters, and among other things, he this deponent was soon acquainted by the said Richard, that he the said Richard was endorser with Col.^o Thomas Mann Randolph of Tuckahoe to a bill or Bills of Exchange for a large amount drawn by Ryland Randolph which were protested, and that they the said bills remained in the hands of M^r George Purdie of Smithfield, the property of Mess.^rs Hindman & C.^o of London the said Richard and Thomas Mann his land called Turkey Island and a number of slaves then on it, but that the Mortgages were uneasy at its not being recorded, the said Ryland not permitting one of the Witnesses John Eldridge, who then lived with him to go to court to prove it, the said Mortgage fully. This deponent further saith that in the year 1777 the parties to the said protested Bill or Bills of exchange growing uneasy at their not being taken up, a negotiation was entered into between them, that the said Richard should sell to the said Thomas Mann his Landed Estate called Tuckahoe, and he this deponent thinks that the price agreed on for the said land was £6000 to be paid by the said Thomas Mann to the said Ryland, and that in lieu thereof, the said Ryland was to become debtor to the said Richard £12000 payable at his the said Rylands death, to secure which he the said Ryland was to give to the said Richard a deed of Trust on his landed property, namely Turkey Island and his part of Martins Swamp. This deponent further saith, that he understood from the said Richard that the £6000 to be paid by Thomas Mann to Ryland, was to be paid by Ryland to M.^r George Purdie in discharge of the protests, and that M.^r Purdie had been asked if he would receive

the

Page 34

the money & that he had replyed, he would receive it. This deponent thinks that this negotiation was begun about the month of May 1777 so far as to fix the price of £6000 on the Land of the said Richard, and on the 15.^th day of December 1777, this deponent saw the said Ryland write and deliver to the said Richard at Curles a receipt which he has now before him and is in these words - "December the fifteenth 1777. Received of Colonel Richard Randolph, a bond of Thomas Mann Randolph's for six thousand, one hundred & fifty pounds on condition that I execute a deed of trust for my landed property binding is to the payment of twelve thousand pounds on my death. Ryland Randolph."

This deponent further saith, that the said Thomas Mann Randolph was also present on the 15.^th December 1777 and that much conversation passed between the parties previous to the delivery of the said receipt by the said Ryland to the said Richard, part of which conversation he thinks was, that the said Richard did not think himself bound to sell his Estate for the £6000, as he had been offered by a certain Peter Stoner £500 more but if he was bound to take the £6000 he the said Richard ought to have the interest on that sum from the time of its being first fixed, and that the said Ryland who was to pay £12,000 at his death for the estate ought to have the benefit of such interest. These arguments the deponent thinks caused the Bond of the said Thomas Mann to be called in the receipt £6150 instead of £6000. The deponent further saith, that on the said 15.^th day of December 1777, but if not then, at some other time, he saw the said Thomas Mann, deliver to the said Richard to be cancelled, the aforesaid Mortgage given by him the said Ryland to him the said Thomas Mann and Richard, as security to them against the protested bills of exchange. This deponent further saith, that some months after he was called on by the said Ryland and Thomas Mann at Ampthill the seat of the late Col. Archibald Cary to

count

Page 35

count a large sum of money which the said Thomas Mann was then paying to the said Ryland and he this deponent well remembers, that after the parties had got placed at the Table to count the money, Ryland proposed to take the bundles as they were, provided that Thomas Mann would agree to allow for any deficiencies on Counterfeits that should appear when Ryland should pay the money to Purdie. From two papers now before this deponent which he believes to be authentic it appears that this business was done at Ampthill on the 12^th May 1778 - soon after this the Deponent was informed by the said Richard, that Ryland had been to Smithfield and offered the money to M.^r George Purdie who had refused it, and that he Ryland had put it into the Treasury from a deposition in the hand writing of Ryland signed "William Curtis" now before this deponent, it appears that this was the case. This deponent further saith, that about the year 1776, Richard Randolph purchased of Richard Kidder Meade his land called Coggins point, and a number of slaves to the value of ^about £5575, that he understood from the said Randolph that some negotiations soon after were on foot for the said Richard to sell to the said Col.^o Thomas Mann Randolph his Tuckahoe Estate, that he Thomas Mann might become paymaster to Richard K Meade, and this deponent believes that Richard Randolph was diverted from concluding this bargain, by the offers of his brother Ryland intending about that time to sell his Turkey Island Estate to his neighbours, the Pleasants, on the same terms which he did sell to his brother Richard. When Ryland delivered the aforementioned receipt to Richard in presence of this deponent, he accompanied it with nearly these words "Mind I do not intend by this paper to give you a reversion in my Estate because thereby I should

hurt

Page 36

hurt my credit and not be able to live. I mean that Turkey Island and my share of Martins Swamp should be sold at my death to pay you £12,000." This deponent further saith, that in the year 1782, about the month of February or March, he this deponent with M.^r Henry and Brett Randolph were desired by Colonel Richard Randolph to attend him to Turkey Island to witness Ryland Randolphs signing a Trust deed to him the said Richard under the said receipt. this deponent went as required with the said Henry and Brett Randolph and in our presence the said Richard offered to the said Ryland a trust deed to sign. Ryland took it and read it over and objected to sign it because, as he said it was not drawn according to bargain, Richard desired him to make his objections in writing. Ryland took a piece of paper which is now before this deponent and wrote on it as follows virz. "Errors as follows No. 1 Twelve thousand pounds instead of Ten. No. 2 Conveys the property absolutely in Reversion. No. 3 Binding myself to make provision for payment during my life" The Party, Richard Randolph Henry Randolph Brett Randolph and this Deponent then returned to Curles, as soon as they got into the House, Richard with this deponent immediately referred to the Receipt from whence the first objection to the Trust deed was found not to be good. On reading the deed this deponent thought the other two objections were groundless and looked on it that they were made by Ryland only to evade a compliance with his contract. This deponent further saith that from the first of his acquaintance with any of these subjects down to February or March 1782, he never heard Ryland make any objection to the value of the £10000 or £12,000 that he was to pay his brother Richard at his death, nor did he this deponent hear that he had made such objection to any other prior to February or March 1782. In April 1782, this deponent

having

Page 37

having lost his wife, the daughter of Richard Randolph some months before he quitted the family to reside in Richmond, he this deponent often heard afterwards from Richard that Ryland had refused positively to sign the Trust Deed, alledging that he had received paper money and paper money he intended to pay according to the scale of depreciation established by law, and further this deponent saith not. City of Richmond to wit:

Benjamin Harrison ju.^r this day appeared before me an Alderman for the City aforesaid & made Oath that the allegations contained in the foregoing deposition as far as respects his own knowledge are true, and as far, they respect the actings and doings of others he believes them to be true. Given under my hand this 4.^th day of November 1788

Sam.^l M^cGraw.

Benjamin Harrison this day made Oath in Court that this deposition as amended is true to the best of his knowledge.

P. Tinsley

The answer in Chancery of Thomas Mann Randolph to the bill of Complaint exhibited against himself and others in this Honorable Court by Anthony Walke and others creditors of Richard Randolph deced. This Respondent for answer to the said Bill saith that he admits that Richard Randolph deced and himself indorsed a bill of exchange which was drawn by Ryland Randolph in his life time upon John Hindman &C.^o for the sum of sterling and that they received no consideration therefore, that the said Ryland did make such a deed as is stated in the bill, and which this defendant is ready to produce by way of security to the said Richard and your Orator. The slaves in the said deed mentioned are chiefly sold or have runaway to the British and have been carried off by them, or

have

Page 38

have perished with them. This respondent admits that a sum of paper money sufficient to discharge the said bill, as he believes was offered to the said George Purdie in the bill mentioned who was the holder of the said bill of exchange and was refused by him, and that afterwards to wit: in May 1778 it was according to the law of the land paid into the Treasury on account of the said debt. This respondent denies that he ever agreed to give up his interest in the said Mortgage. If the payment into the treasury secures this respondent from any liability as indorser of the said bill he has no further claim on the estate in the bill of complaint mentioned. In any event he is willing and prays that the tract of land called Turkey Island with the share of the said Ryland in Martins Swamp may be sold, and that the money may be appropriated as this Honorable Court may direct trusting that so much will be retained as a security for his undertaking to indorse the bill of the said Ryland as will pay whatever may be now due thereon if it shall be decreed that the same is not discharged by the money paid into the Treasury as aforestated. And this defendant will ever pray &.^c December the fifteenth 1777, Received of Col. Richard Randolph a bond of Thomas Mann Randolph's for six thousand one hundred and fifty pounds on the condition that I execute a deed of Trust for my landed property binding it to the payment of twelve thousand pounds on my death.

Ry: Randolph

Ampthill May 12.^th 1778, Mem: of 25 parcels of money
Rec.^d this day by Ryland Randolph of Tho^s M Randolph

					(viz)
No	1.	256.8.	No	11.	370._._	No	21.	126._._
	2.	99.4.3.		12.	399._._		22.	48._._
	3.	408.12.		13.	303.6.		23.	45._._
(forwd)		.764.4.3.			1072.6.			219._._

Page 39

		764.4.3			1072.6.			219._._
N.o	4.	421.16._	N.o	14.	392.9.6	N.o	24.	24._._
	5.	170.10		15.	720._._		25.	95.2._
	6.	163.		16.	75.10._			338.2._
	7.	140.		17.	90._			2827.5.6
	8.	249.10		18.	90._._			2625.0.3
	9.	516.		19.	240.
	10.	200.		20.	147.			£5790.7.9
		£2625.0.3			£2827.5.6

I have consented to receive the above parcels of money without recounting them, on Col. Randolph's assurance that he will make good all deficiencies that may appear when I pay it to Purdie, that may arise, either from counterfiets or miscounting.

Ry: Randolph Thomas M Randolph

A Copy Teste, Peter Tinsley C. H. C.C
A Copy Teste Peter Tinsley C.H.C.C.

I George Wythe Judge of the high Court of Chancery of the Common wealth of Virgina do certify that the foregoing attention of Peter Tinsley clerk of the the said court is in due form. In testimony whereof I have hereunto set my hand and caused the seal of the said court to be affixed at Richmond this twenty third day of April on the year of our lord one thousand eight hundred and one {SEAL}

G, Wythe.

See also

• John Wickham
• Peter Tinsley

External links

• Wickham Family Papers, 1754-1977, Mss1 W6326 c FA2, Virginia Historical Society, Richmond, Virginia.