From Philip Barton Key
Annapolis 1st Novr 1804
D. Sir,
I have filed a bill in Chancery—Copy of Which is enclosed—on the opposite sides of this sheet is a rough answer proposed for you, which you will add to, alter or amend as you think proper— If it meets your Approbation, I wish it fairly transcribed, and sworn to, and enclosed to me at Annapolis where it will find me between the 11th and 18th of this month.
My Object is to issue an immediate Confer—to have a return to Decr term that the Lands will not admit of Division among the numerous heirs; and obtain at that term an Order for the sale, at Which sale the former purchasers to become the purchasers at their former price, as to be bought in for the purpose of confirming and carrying into effect the Sales already made.
This is the only plan that I can suggest after much reflection, and which may easily and speedily be carried into effect.
If the bill wants any amendment as to the misnomer of any of the Heirs, or omission of any be pleased to inform me of it. I am very respectfully Yr Obedt Sert
Philip B. Key
The Answer of Bushrod Washington one of the Heirs of George Washington of Mount Vernon to the bill of Complaint of the other Heirs of George Washington exhibited against him in this Honorable Court.
This defendant saving to himself now and at all times hereafter all and all manner of benefit and advantage of exception to the many Errors and defects in said bill contained yet for answer thereto or to so much as this Defendant is advised is material he answers and says.
That it is time the late George Washington of Mount Vernon was in his life time seised in fee of the Lands mentioned in the bill of Complaint, which he had acquired by purchase as therein stated, and that he afterwards died seised thereof in fee.
He also admits that he said George Washington made his last and Will testament, and that the printed Copy exhibited by the Complainants is a true Copy and that he afterwards died about the close of the Year 1799, and he has heard and believes the Said Will was not executed with the solemnities required by the laws of Maryland to pass real Estate1 in Maryland or the Operation thereof he submits to this Honorable Court.
This defendant admits that if by the laws of Maryland the said Will does not operate to pass real estate therein situated, that then the said real Estate referred to in the bill of Complaint did descend to and vest in the persons named in the bill of Complaint by Virtue of the act to direct descents, as Heirs at Law to the said George Washington, in such proportions and in such Manner as is by the said Law directed, And he admits the several persons stated in the bill of Complaint are severally the Heirs of the whole Blood, and are descended in the Manner stated in the bill of Complaint.
This defendant admits the Lands and Estate in Maryland will not admit of Division among the numerous Heirs without loss and prejudice to all interested therein.
This defendant says that in pursuance of the intent and expressions in the Will, he with the other acting Executors therein, with the Assent of such of the Heirs and legatees as were Capable of assenting, and to perfect the intention of the Deceased sold said Lands for a full and fair Price, but by reason of the infancy of many of the Heirs the legal title can not be made to the purchasers.
This defendant is willing and desirous that a Confer or such other proceeding as in the Judgment of this Court is proper, be issued, that the Land may be divided; or if incapable of division without prejudice to the Heirs, that the same be sold; or the sale already made be Confirmed, as is the desire of all parties; or that such full ample other proceedings take place as the Case requires and is consistent with the practice of this Court & the Laws of Maryland.
And this defendant prays hence to be discussed, without that &c. &c.
ALS, ViMtvL: Historic Manuscript Collection. BW added the notation on the cover of the letter, "B. Washington ads Fitzhugh & Peters."