View source for Land Title Opinion, 15 December 1773

[[File:LandTitleOpinionDecember151773p1.jpg|right|thumb|300px|<p>"Land Title Opinion, 15 December, 1773, p. 1." Image from the [https://www.loc.gov/resource/mgw4.033_0025_0028/ Library of Congress,] ''George Washington Papers.''</p>]]

A letter from [[George Wythe]] to [[wikipedia:|Bartholomew Dandridge]], [[wikipedia:George Washington|George Washington's]] attorney, concerning George Wythe's opinion on a land title.<ref>[https://founders.archives.gov/documents/Washington/02-09-02-0320-0002 "Enclosure: Legal Opinion of George Wythe, 15 December 1773,"] Founders Online, National Archives.</ref>
==Document text, 15 December 1773==
===Page 1===

<blockquote>
Col. Washington seemed to be satisfied as to the King & Queen 
lands, which belonged to M<sup>r</sup> Story, without inquiring into
the title before the date of his Will in 1717, if the title be regularly
deduced from him.

I think by the Will the estate devised to the daughter was a
contingent fee, determinable by her death, without leaving issue
or without having alienated, so that the estate in fee, limited upon
that event by executory devise, as she survived her child, and
had made no alienation took effect, and was well conveyed by
the deed of the 12<sup>th</sup> of April, 1750, from Charles Story to John Robinson 
esq<sup>r</sup>. supposing the recitals and suggestions in the deed to
be true. If my opinion be wrong, and the daughter took either a
pure fee simple, or a qualified fee, determinable, not upon her
death without leaving, but upon her death without having ever
had, issue, in that case M<sup>r</sup> Robinson had a good title by that conveyance, 
if Charles Story was the daughter's heir at Law, otherwise not.

M<sup>r</sup> Robinson, by a deed to him from Thomas Hickman and
Barbara his wife, 14<sup>th</sup> Jan<sup>y</sup> 1734 purchased 600 acres of land
adjoining Wyatts, sold to Story; whether this be part of the
Land agreed to be sold by M<sup>r</sup> Black to Col. Washington I know
not, neither have I seen any other paper concerning it. The deed
from Hickman, if he had a title, I think a good conveyance.

By act of general Assembly, 10 Geo. the 3'd, some land in
King and Queen County, purchased of Richard Johnson by
M<sup>r</sup> Robinson, who with others claiming under him were
in possession, was vested in William Lyne and some other
Gentlemen, in trust, to convey to such persons as claimed
under M<sup>r</sup> Robinson, with a saving of the Titles of all persons
other than those claiming under the will of a Testator who
had devised to Richard Johnson the seller: whether the
part reserved by M<sup>r</sup> Robinson be included in the land
				
<div align="right">
agreed
</div>
</blockquote>

===Page 2===
[[File:LandTitleOpinionDecember151773p2.jpg|right|thumb|250px|<p>"Land Title Opinion, 15 December, 1773, p. 2." Image from the [https://www.loc.gov/resource/mgw4.033_0025_0028/?sp=2&st=image Library of Congress,] ''George Washington Papers.''</p>]]
<blockquote>
agreed to be sold by M<sup>r</sup> Black; whether the testator had a
good title; or whether the Trustees have conveyed to M<sup>r</sup> Robinsons admors the part so reserved, which I think they the admors
were intitled to as a resulting trust, I can give no opinion, having seen no papers relating to these Matters.

If Romonkocke be part of the 1683 acres purchased by col. Bernard Moore from M<sup>r</sup> William Claiborne, & from M<sup>r</sup> Robinson,
who it seems derived his title from the Claibornes, as I suppose
it is; and if Claibornes title be good, which I understand Col.
Washington was satisfied with, and be properly deduced to
Col. Moore, as, from what Mr. Dandridge says of the Wills of
M. Claiborne the Father and Son; and from his abstracts of the conveyances from the heir and Executors of the Claibornes to Robinson and from Robinson to Moore, I am persuaded it is; yet I
am apprehensive there is still a chasm, having in vain search'd
in the Secretary's office for a conveyance from M<sup>r</sup> Robinsons administrators, who had B. Moore's title, to M. Black; but this
unquestionably may be supplied. I have the conveyance from
Carter Braxton, T. Walker, T. Jefferson and Power to W.
Black which is recorded in the Secretary's Office, but, without conveyances leading to it, is insignificant.

I found no deed from Col. Thomas Moore to Bernard Moore
to convey, nor any will, in the nature of an ad quod damnum,
to dock the intail of any land of the former; but I found the
certificate of a survey, with a plot, of 89 acres of land belonging
to Thomas Moore, said to have been made 2<sup>d</sup> of August 1765
by virtue of a writ of ad quod damnum, the writ is mislaid
(for it appears one did issue) and perhaps the deed, because the
fees were not paid, without which it seems such papers are
never recorded. a copy of the certificate is inclosed with this.
perhaps these 89 acres are those intended to be sold with the
Mill, and supposed to be an hundred; if a description of the

<div align="right">
land
</div>
</blockquote>

===Page 3===
[[File:LandTitleOpinionDecember151773p3.jpg|right|thumb|250px|<p>"Land Title Opinion, 15 December, 1773, p. 3." Image from the [https://www.loc.gov/resource/mgw4.033_0025_0028/?sp=3&st=image Library of Congress,] ''George Washington Papers.''</p>]]
<blockquote>
land may be inserted in the blank left in the conveyance, and
proper steps be now taken to secure the title.

The deed from Thomas Moore and his trustees to
William Seton, conveys, not hundred acres, but one acre
only with the Mill. Col. Moore's title I know nothing of.
I find no material fault in the conveyance.

Col. B. Moore's title being allowed M. Black
title to the 550 acres called Gooch's seems unexceptionable.

::::::::::Geo. Wythe
::::::::::15th of Dec. 1773
</blockquote>

===Page 4===
[[File:WytheToBartholomewDandridge15December1773P4.jpg|right|thumb|250px|<p>"Land Title Opinion, 15 December, 1773, p. 4." Image from the [https://www.loc.gov/resource/mgw4.033_0025_0028/?sp=4&st=image Library of Congress,] ''George Washington Papers.''</p>]]

<blockquote>
The conveyance from Bernard Moore to his Trustees is now
found & in M. Wythes possession. & Mr. Lyons has promised on
behalf of Col. Pendleton & himself to make any conveyance in their
power to confirm Col. Washington's Title under M<sup>r</sup> Black. This
is all that M<sup>r</sup> Wythe appears to want with respect to Romoncocke.

No conveyance has been made by Col. T. Moore to M<sup>r</sup> Seton of the
100 acres of land adjoining the Mill, but M<sup>r</sup> Lyons, & M<sup>r</sup> Power
as Attornies of Seton promise to get one of Moore & join him in it
to Col. Washinton, & to convey the Mill & one acre.

Bern<sup>d</sup>. Moore agreed to exchange 100 acres part of Romoncocke
for 89 acres of his Brother T. Moore adjoining, and supposing the
89 acres to be intailed the writ of ad quod damnum if sued as mentioned by M, Wythe, but no conveyance was made in consequence
of the exchange, so that the legal title to the 100 acres remained in
Col. B. Moore & will be in Col. Washinton who will also have
a right to compel a performance of the Agreement on the exchange
which suits all parties, I find too upon inquiry Col. B. Moore
had a legal title to the 89 acres of land supposed to be intailed, &
his Brother only an equitable titles.

<div align="right">
B Dandridge
</div>
</blockquote>

==References==
<references/>

[[Category:Letters and Papers]]
[[Category:Wythe's Signature]]