September 19, 1813. · Petersburg
by [Washington, George]: Taylor, George K.
Petersburg, September 19, 1813.. [2]pp. plus integral address leaf. Docketed on verso in Bushrod Washington's hand. Quarto, on a folded folio sheet. Minor wear and soiling. Very good. Part of the ongoing settlement of George Washington's estate, of which his favorite nephew, Bushrod Washington, was executor. At this time Bushrod Washington was a sitting justice on the U.S. Supreme Court, having been appointed in 1798. Taylor writes to him offering his services as counsel. A prominent Virginia jurist, George K. Taylor (1769-1815) attended the College of William & Mary, entered private practice in 1795, and served in the Virginia House of Delegates from 1795 until 1801, when he was appointed U.S. Circuit Judge for the 4th Circuit. Almost certainly it was Taylor rather than Henry Lee who co-authored the Federalist Minority Report with John Marshall on the Alien and Sedition Acts in the Virginia House of Delegates in 1799.
According to the "Commissioner's Report on the Estate of George Washington, 1 July 1811," Bushrod Washington sold land from his uncle's estate to "the late Col. Thomas Lee," guardian of the children of his late brother, Corbin Washington, for the sum of $15,125, "which purchase their present guardian did not think himself at liberty to confirm." In the absence of payment, Bushrod Washington, believing himself the rightful owner, apparently intended to sell the land or had already done so. Taylor expresses here that he thinks that the court will order the profits to be turned over to Colonel Lee's successor, against whom Washington had filed suit, but that Washington will be allowed to retain the full amount of the original selling price. Taylor apologizes for being so slow to reply and agrees to represent Washington if he has not already retained the services of someone else. "I have no doubt the chancellor will grant an argument in your behalf." However, he also has no doubt that "you must experience in court the usual treatment of trustees acting lawfully and bona fide; and that consequently while we will be liable for the net profits of the land...it would be an outrage on all the principles hitherto entertained by the courts of equity, to subject you to anything more." While attending the circuit court of appeals, Taylor anticipates he will have "ample leisure" to review the case. (Inventory #: WRCAM48447)
According to the "Commissioner's Report on the Estate of George Washington, 1 July 1811," Bushrod Washington sold land from his uncle's estate to "the late Col. Thomas Lee," guardian of the children of his late brother, Corbin Washington, for the sum of $15,125, "which purchase their present guardian did not think himself at liberty to confirm." In the absence of payment, Bushrod Washington, believing himself the rightful owner, apparently intended to sell the land or had already done so. Taylor expresses here that he thinks that the court will order the profits to be turned over to Colonel Lee's successor, against whom Washington had filed suit, but that Washington will be allowed to retain the full amount of the original selling price. Taylor apologizes for being so slow to reply and agrees to represent Washington if he has not already retained the services of someone else. "I have no doubt the chancellor will grant an argument in your behalf." However, he also has no doubt that "you must experience in court the usual treatment of trustees acting lawfully and bona fide; and that consequently while we will be liable for the net profits of the land...it would be an outrage on all the principles hitherto entertained by the courts of equity, to subject you to anything more." While attending the circuit court of appeals, Taylor anticipates he will have "ample leisure" to review the case. (Inventory #: WRCAM48447)
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