You favour of the 25th Ultimo was duly received and I am sorry to inform that the notices which had been issued by the commissioner and enclosed in a Letter to the sheriff of Loudon County to be served on Mr Lee again has not been returned and I have reason to beleive that the sheriff to whom the Letter was directed was not then in office to which circumstance perhaps it is attributable tho there is a shamful negligence in the public officers & it is extremely difficult to get either notices or process served and returned where the officer lives out of the District: on the day appointment for taking the account neither Mr Lee or Alexander attended the consequence was that I had for the third time to direct that other notices should be given they have been forwarded again & every precaution taken to ensure their service and return I am <mutilated>s of geting the accounts in by the commencement of the ensuing term. but by the rules of the court of Chancery origional reports must lie in the office 90 days before they can be acted upon except on a motion for the dissolution of Injunctions We have another rule established which it may be necessary to state where an Injunction has been granted three Months before any term the answer must be filed before the commencement of the term or the Court will not hear a Motion to dissolve and if you should not forward your answer to me during the next week you had better inclose it to John T. Ford the Clerk of the Court of Chy & direct him to file it as I shall be absent after the next week in attending the Superior Courts of Law for the Counties of Culpeper and Fauquie<r> <mutilated>

I apprehend that there is no deficiency of assets and <mutilated> got the commissioner to write to L.¹ Lee and get him to acknowledge notice and to admit assets to save the expence of settleing his Executorial account but he did not think proper to answer the Letter.

It is the constant practice of our Courts of Chancery when ever a suit is brought against an Executor or administrator for the court to direct a settlement of their administration accounts before they will decree unless they admit assets sufficient to discharge the decree & a decree is rendered de bonis propriis for the ballance found against them. indeed they will not give you a decree de bonis testatoris tho, you should be willing to take it & this practice hath been sanctioned by the Court of appeals of this I could never see either the Legality or propriety but as it <mutilated> -fore that I wrote for Copies of the Inventory and appraisement as the most simple and easy way of proving the assets. I am Dear Sir with great respect yr mo. obt srvant