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To Unknown

Dear Sir

     I wrote you a long letter in February last but do not know whether you recieved it. in case you should not, I will trouble you with the subst<a>nce of it, as it may perhaps be necessary to be pr<e>pared by September Court <mutilated>t all events with respect to the ne exeat <mutilated> it be necessary to do any thing in that business. I in<fo>rmed <mutilated> the cause had been partly heard as to Taylor and an account directed that afterwards the representatives of Edwd Booker and the other brothers were made parties as to whom the cause stood forward upon the docket, but out of course in consequence of the former decree. I supposed that the cause could not come on shortly for a final hearing as the settlement of the accounts would probably be tedious. that I considered the decree as to Taylor favourable to us, as it admitted a right in us to shew that <h>owever Just this claim might be, we were not liable, and that the evidence <a>s to that appeared much to our advantage as its tendency is either to shew the responsibility of Edwd Booker alone <o>r to fix the charge equally on the other children that I thought the decree of the County Court as to R. M. Booker clearly wrong. that if an account should be directed as to the new parties, it would be for the purpose of ascertaining the Share which they ought severally to bear in the common burthen, in case any doubt should arise as to fixing the whole upon Ed. Bookers estate. I requested an affidavit or affidavits (taken with notice to Scot) to establish his having accepted your bond as an ind<e>mnification. That his declaration, that if R. M. Booker would sell him his Land that he would be content with a deposit of £1000—his declaration that he desired but that sum in deposit if such little proof would be importan<t> in case a mo<t>ion were made to discharge the ne exeat or to lessen the penalty. That it would be proper to get the answer of Richd M. Booker as to those facts, and to give Scot notice of the day on which the motion could be made to discharge the ne exeat or to lessen the penalty. I now enclose you Subp[oen]as to take any depositions you wish, but particularly as to the facts which You said could be proved. this Commission issues by Consent but it is not to delay the cause, so that <mutilated>ns should be taken and returned by Septr Court. you will please attend to the form of giving notice. I am with very sincere regard Dr Sir Yr affect. & ob. Servt

Bushrod Washington

Source Note

ALS, KyLoF.