Your circular of the 3d January past, requesting my consent to an amicable suit for the settlement of your accounts as Executors of the Estate of General Washington, is before me.

In August 1811; I received a circular from you, concerning the suit against the heirs of Col: Lee respecting the purchase of Aris's Land in Jefferson. In answer to that letter, I replied, that I did not consider myself intitled to give an opinion upon the questions it submitted, that during the life time of Colonel William A. Washington, and before I left Baltimore for the Ohio river, he (Col: Willm A. Washington) and myself came to an agreement, that Col: Washington should take the interest I held in the undivided Estate of General Washington.

The better to enable him to settle with Caldwell & Hoy: as you will percieve by reference to my letter dated the 28th day of September 1811. In answer to the present circular, I must make the same reply: I deem myself in fact, not interested in the residuary estate of General Washington; but that the Representation of Colonel William A. Washington, must stand in my shoes, and take my interest in the said Estate, whatever it is. Col: Washington fairly agreed to take that interest, and acquit me of a large debt he held against me, on account of my purchase at the Sale of General Washington's Estate. Mr Thomas McElderry of Baltimore made the agreement on my part, and fully authorized to execute it, when I left Maryland— That actual transfers or conveyances were not made, was not the fault I apprehend, of Mr McElderry or myself­— They were deferred it appears at the request of Col: William A. Washington, until he gave some directions respecting them, which he never gave.

I am advised by my counsel, that my interest in the residuary estate of General Washington, is by the Will, a personal Estate, and will belong to me as the Administrator of my wife—and consequently that there is no obstacle to the representations of Colonel William A. Washington yet taking my interest in said Estate.

I am further advised that the Sale of land I bought in Jefferson, under the deed of Trust, which I gave to Col: Washington, was irregular, and illegal. I thought so at the time, and the construction which the court of Appeals of Virginia has given to the law, which regulate Sales under deeds of trust, at that time, has I am advised justified that opinion.

The representatives of Col: William A. Washington have sued me on my Bond, after a lapse of thirteen years, since I left Maryland; notwithstanding the agreement of their testators before mentioned. I shall therefore be driven into a court of Equity to enforce it, and to be discharged from my Bond. Nor can I consent to any suit for a settlement of the residuary estate, which shall not try, by cross bill or otherwise, the question whether I, or the representatives of Col: Wm A. Washington are to take that Estate—and whether I am to be discharged from my bond, or not. Whether also, the Sale under the Deed of Trust before mentioned, may not be set aside, and a new one directed. Very respectfully yr obt Servt