Alexander Spotswood to the Executors of the Estate of George Washington
Alexandria Jy 11. 1803
Dr Sir
Finding the extrs averse to the calling the legatees once more Togather—and which meeting is much desired by many, I shall take the liberty of giveing you some information which I have gathered of the Kannawa lands—as well as my opinion respecting the plann of devission, & Sale,1 which I understand is Contemplated by the extrs.
Mr Warner Lewis Son of Mr John Lewis informs me, that he has been over much of the Kennawa lands—that from his observation, and the information he got on the Spot, that it is impossible to divide <mutilated>land into lotts of equal acres so as to give t<mutilated> the amount, he, or shee, is entitled to.
That in one part at least 100 Acres is a pond of water—some of the low grounds2 Narrow—some wide—(That part will not bring more than 18 d. pr Acre—part 6$s part 8—part 10—and part will sell for 20$ pr acre— land thus laying in a boddy & differing so widely in Vallue—will be difficult to divide—and in order to make the divission easy, I understand it is Contemplated to lay the land of into lotts of equal Size—each lott to be Vallued—and those who draw the high priced lotts, to pay to those who draw lotts of Lesser Vallue— this mode can never be adopted but by Genl Consent or by a Majority by consent— it will be a Species of gambling which the will does not contemplate, and would be attended with Danger to some.
For instance a legatee whose annual Income is not more than will supply his family wants— he draws a high priced lott—& has several thousand dollars <mutilated> (pay day Comes) he cannot sell the land which is the only fund on Which he can raise the money— Suit is brought, the Mortgage foreclosed—and the land sold for ready money—(perhaps) for not more than he owes on it— thus all his share in that property is Sank.
From the words of the will, there is but one mode of divission, which the extrs are authorized to persue—Viz.—to have the land Vallued—and where the land is of less Vallue, in those lotts put a number of acres equal to a 23d part in money—and so on through the whole, to have a cennected platt—with the lotts numbered and each legatee draw (not for No.) but for choice to be made on the face of the Connected platt—because some like land in one form some in another.
Respecting the lands advertized for sale—at the meeting in Alexandria last summer, every thing was done in a hurry—but I never had the least Idea that the property was to be sold privately.
In one part of the will the extrs have that right—but immediatly after the Testator directs them not to be in a hurry for that lands will rise which proves that it was his wish. that the greatest possible price should be obtained for them— this can be only Known but by a publick Sale—and if my information is right, the law not only prohibbits Extrs from selling privately, but even prohibits extrs from purchaseing any of these Testators property privately—again a legatee may wish to Settle a Son—for inst[.] I will say myself— I have a Son who has at command £3500— this will settle and stock a farm handsomely—but it will not buy and stock too—was the sale to be publick the farm called Heiresses in Berkly— I would purchase for this Son, and give a very great price for it—but I would not run the risk of purchaseing privately—because when pay day came, the land must be sold again perhaps pr half Vallue—unless the whole Sales are Compleet which would be attended with ruin to me—again lands sold at different periods would bring in the money by driblets—which would do the legatee but little good for I have always found it the case where small sums came in— it soon went—but when a large sum is recd— it then becomes an Object & is realized.
I submit to yr Judgement the following plann—
1st—a Surveyor to be employed to lay of the Kannawa & ohio lands in lotts of 300—400—500 & 600 Acres—a connected plott to be made of the La<nd> the Surveyor to call in to his aid two respectable persons who are to aid him in Valluing each lott, and laying down the advantages and disadvantages & Soil of every lott—(the property advertized)—where the lotts are too large to be divided as the extrs shall direct—the whole to be advertized to be sold publickly in November 1803—to be sold on 12 Months creddit—bond and personal security to be given with a Mortgage on the premises—and the first bid to be the Schedule Valluation.
This long notice will give time to Individuals, as well as such legatees (who chuse to purchase) to view the propperty—and there is no doubt but every legatee will attend & become purchasers— thus the whole bussiness will be compleeted at one time to the great Advantage of the legatees & little trouble to the extrs.
What is Contained is this letter is not intended as any offence, & I hope it will not be taken in that light— I have the highest opinion of the extrs & am Satisfied they will bring the bussiness to as speedy a conlussion as circumstances will permit there are many of the legatees of my opinion and with me wish another meeting at Dumfriese being the most central Spot—3 I am Sr very respectfully
A. Spotswood
To survey the Kannawa & Ohio lands— I recommend Mr Herndon Surveyor of Spotsylva. County, who was bred a Surveyor in the back Country— many of the legatees know him <mutilated>
ALS, ViMtvL: Historic Manuscript Collection.
1. After the word "sale," Spotswood first wrote "now" but crossed it out.
2. Spotswood first used the word "lands" instead of "grounds" but crossed it out.
3. After the word "spot" Spotswood began another sentence, writing "but if this is such a meeting" but chose to cross it out.