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From John N. Ashton

Dear Sir—

I have just received a Communication of the 4th Inst. from Messrs Thos Swan & R. I. Taylor of Alexa, stating that a Suit has been recently instituted in the Circuit Court of the United States for the District of Columbia by the Legatees against the Executors of the late Genl Washington. having for its Object not only a Settlement of the Executorial Accounts generally, but, also the Accounts of the Legatees individually with the Executors. & that, they have been required by you to undertake the Management of this Suit, on Behalf of the Legatees, which they presume has had the Sanction of them, or some of them, & they had accordingly entered their Appearance as their Solicitors. I am also informed by them that at the last Term of the Court a decree was made by Consent, refering the Accounts to Alexander Moore, Commissioner of the Court, who has informed them that he shall enter on the Business on the first Monday in November next. With this Information was enclosed the Accounts of Charles Augustine Ashton & Burditt Ashton with the Estate of Genl Washington, as I presume in yr own Writing. for all which Trouble you have so taken on yrself to arrange this Suit LC for Settlement, on my own part, I most sincerely thank you; & in which I cheerfully acquiesce. The two Accounts of Charles & Burditt are perfectly plain, excepting the two last Items in Burditts' Statement, of which the Object of this is to ask some Explanation. I observe yr System of Keeping these Accounts, & very properly, is in distributing Anne Ashton's Portion of Legacy by 1/4ths to her 4 Heirs; & that all the Credits in Burditts Account for his 1/4th part & his Sisters 1/4th Part of the United States Stock, of Shepherds 1st payment, of the Alexandria Bank Shows & of the Columbia Bank Shares & Interest & Dividend of Poto. Shares are given to that Account in that Way. & that of Charles the same. Which are all balanced again by Corresponding Charges, in both Accounts for payments made to their full Amount. But in the 5th Item to Burditt's Credit you change the terms of Expression from 1/4th to 1/3rd & Say— By yr third & your Sisters third of a Share of Real Estate sold $3452.70 without applying a corresponding Credit to Charles Account for his Share of the same Land. The Variation of this Term from 1/4th to 1/3d in Burditts Account & the Omission of a Credit altogether in Charles' of the same nature Stripping thereby his Account of its usual uniformity, leads me to conjecture that this sum of $3452.70 is probably the 2/3rds of Charles A. Ashtons 1/4th of Real Estate Sold & carried immediately to the Credit of Burditt, instead of Charles in Right of him & his Sister. If this be correct the other 1/3rd of Charles; 1/4th belonging to Judge Fitzhugh's Family, would make Charles 1/4th of Real Estate sold amount to $5179-05 cents— I now wish to know if this Sum of $3452.70—credited in Burditts Account did belong to Charles, as is supposed. And whether or not Charles A. Ashtons 1/4th of Real Estate sold did amount to $5179.05. Again you credit Burditts Account on the 11th March 1806—By Assignment to Thomas Hammond of this Sum & the interest thereon—Principal $5957-50- As these two Items the $3452.70—& the $5957.50 appear to have been retained by the Executors in payment of the Charge in Burditts Account for purchase of Land in Jfferson County & of Lots in Alexa amounting to the same sum, that they cost him, of $9410.20— I'm at a Loss to know on what Account they were received into your Hands, unless the former was in the Claim of Burditt & his Sister to their two thirds of Charles; Proportion of Real Estate sold— & the latter on as much of their Claim of their own two fourths of the same Fund— In this Event Burditts 1/4th of Real Estate sold being the same of Charles; $5,179.05—& his Sisters 1/4th $5,179.05 more. Amounting together to $10,358.10 a credit as it appears to me, would still be due to Burditt of the further sum of $4,400.60—on this score. In which it is hoped I'm not mistaken, & that the Credit of it you have suspended in your Executorial Capacity, until the accounts can be laid before & stated by the Commission & the sancton of the Court attained for the Settlement thereof. I wish you now to correct me in my Conjectures in your statements if I'm wrong & say whether Charles. A. Ashton will or will not be entitled to a Credit for Real Estate sold & how much, provided the $3452.70 credited in Burditts Account did not belong to Charles. And inform m<mutilated> Burditt assigned any more of his Interest in Genl Washingtons Estate to Thomas Hammond or any other Person that you know of, besides what has already appeared from your Statement, & say what part if any of the Estate remains still to be sold— I beg Sir in your general Goodness you will excuse the Trouble I am compelled on this Occasion to give you that I may be the more enabled to arrange such other Measures hereafter with the Commissioner of Accounts as may be found necessary by. Yr very respectful Servant

John N. Ashton Executor of Burditt Ashton gent.

Source Note

ALS, ViU: Notable Families of Virginia, Washington Family Papers. Ashton addressed this to "The Honble Judge Washington—One of the Executors of the late Genl Washington" at Mount Vernon.