Townsend Correspondence, 1837 |
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Paradise Pa Dec 4th Forwarted [sic] 25 Dr. A. Heacox Freay Store Stark Co. Ohio Sondersburg December 4th 1837 Dear Brother I wrote you a letter 5 or 6 days since. I had thoughts at that time of removing to Philadelphia for the winter; but have now concluded to remain in this place. I perceive I shall do some little business through the winter for since our health permits me to stir round among the folks again I find business improving. In my last letter I believe I told you that if the Dr. Mrs H. [illegible] would not compromise and give the required receipts, that what you had concluded on was possibly best viz. - Forfeit the bond. I may not possibly understand the consequences of such a step in all its bearing and relations, and might therefore be a very incompetent judge. I understood that the bond you gave was to the executors, on the strength of which bond, she agreed with Tracy to make him a deed in the spring provided he paid them so much money and provided your bond was fulfilled. If you forfeit your bond to the executors it can do them very little damage; but they dare not, under such circumstances, make Tracy a deed. You can obtain all the receipts except 3 and the Dr's can be of no importance as he will receive 6/7 of his share. Now if they can only claim in the bond the actual damages, they must be inconsiderable. Tracy is the only man that that TFP- 006b will be damaged by by the nonfulfillment of the bond; but the bond calls for no damages on his account,only on account of the executors, and if you fail to produce the receipts, will the estate or the executors suffer by it. If not the forfeiture is a small matter. But if you produce a part of the receipts will it not satisfy the bond in part? You have the First claim deeds which received from yourself Hubert and [illegible] in your pocket. I have just this moment recollected that those deeds release to me not only the land but the personal property. True, I only sold to Tracy my interest in the real estate, and of course what ever is coming on those shares is now mine!!! I took pains in the wording of the deed and of his Article that I would give him no claim to the personal estate so that Tracy is not benifited by the deeds; but I can claim all that is coming on my own. Hanah's (Nonagis?) & Millison's shares of personal property I am astonished I did not think of it sooner, that you and the lawyers and everybody did not see immediately. Do you who wrote one of the deeds not recollect that, all the interest of the above named persons to the real and personal estate of John Townsend decd. was deeded to me. This will alter the whole face of affairs. HOld on to that receipt which I sent you until you see if I am not correct. If you have given that out of your hands all is lost again. I am correct! I must be correct! The deeds released to me as positively the personal estate as they did the real estate; but I was careful to sell to Tracy only the real estate. Why d_n it! you all might have known that 4/5 of the personal estate sold, that is the $100 and some odd dollars of household concerns was mine anyhow. Stop short your compromise with them until you assertain the correctness of what I have said. YOu have the original deeds in your pocket look at them, and see if I cannot claim the personal property on them. If I can we have the jockeys floored. Write immediately on the receipt of this and recollect the facts "that if the estate is all personal the personal as well as the real was deeded to me; but I deeded only the real to Tracy, and of course yet hold my right to the personal estate.
Object Description
Rating | |
File Name | CompoundObject |
Title | Townsend Correspondence 1837 |
Creator | Townsend Family |
Date | 1837-12-04 |
Description | Letter to Dr. A. Heacox (Heacock) discussing estates and deeds. The salutation indicates this is a sibling but the letter is unsigned, hence the actual identity is unknown. |
Object Type | correspondence |
Format | jpeg |
Dimensions | 11.5 x 14.8 in. |
Rights | We have determined this work to be in the public domain, meaning that it is not subject to copyright. Users are free to copy, use, and redistribute the work in part or in whole. It is possible that current copyright holders, heirs or the estate of the authors of individual portions of the work, such as illustrations or photographs, assert copyrights over these portions. Depending on the nature of subsequent use that is made, additional rights may need to be obtained independently of anything we can address. |
Collection | Townsend Family Papers 1826-1914 |
Language | english |
Repository | California Room, San Jose Public Library |
Description
File Name | csj-TownsendCorr-006a_black bg.jpg |
Title | Townsend Correspondence, 1837 |
Creator | Townsend Family |
Date | 1837-12-04 |
Description | Letter to Dr. A. Heacox (Heacock) discussing estates and deeds. The salutation indicates this is a sibling but the letter is unsigned, hence the actual identity is unknown. |
Object Type | Correspondence |
Format | jpeg |
Dimensions | 11.5 x 14.8 in. |
Rights | We have determined this work to be in the public domain, meaning that it is not subject to copyright. Users are free to copy, use, and redistribute the work in part or in whole. It is possible that current copyright holders, heirs or the estate of the authors of individual portions of the work, such as illustrations or photographs, assert copyrights over these portions. Depending on the nature of subsequent use that is made, additional rights may need to be obtained independently of anything we can address. |
Collection | Townsend Family Papers 1826-1914 |
Language | english |
Repository | California Room, San Jose Public Library |
Transcript | Paradise Pa Dec 4th Forwarted [sic] 25 Dr. A. Heacox Freay Store Stark Co. Ohio Sondersburg December 4th 1837 Dear Brother I wrote you a letter 5 or 6 days since. I had thoughts at that time of removing to Philadelphia for the winter; but have now concluded to remain in this place. I perceive I shall do some little business through the winter for since our health permits me to stir round among the folks again I find business improving. In my last letter I believe I told you that if the Dr. Mrs H. [illegible] would not compromise and give the required receipts, that what you had concluded on was possibly best viz. - Forfeit the bond. I may not possibly understand the consequences of such a step in all its bearing and relations, and might therefore be a very incompetent judge. I understood that the bond you gave was to the executors, on the strength of which bond, she agreed with Tracy to make him a deed in the spring provided he paid them so much money and provided your bond was fulfilled. If you forfeit your bond to the executors it can do them very little damage; but they dare not, under such circumstances, make Tracy a deed. You can obtain all the receipts except 3 and the Dr's can be of no importance as he will receive 6/7 of his share. Now if they can only claim in the bond the actual damages, they must be inconsiderable. Tracy is the only man that that TFP- 006b will be damaged by by the nonfulfillment of the bond; but the bond calls for no damages on his account,only on account of the executors, and if you fail to produce the receipts, will the estate or the executors suffer by it. If not the forfeiture is a small matter. But if you produce a part of the receipts will it not satisfy the bond in part? You have the First claim deeds which received from yourself Hubert and [illegible] in your pocket. I have just this moment recollected that those deeds release to me not only the land but the personal property. True, I only sold to Tracy my interest in the real estate, and of course what ever is coming on those shares is now mine!!! I took pains in the wording of the deed and of his Article that I would give him no claim to the personal estate so that Tracy is not benifited by the deeds; but I can claim all that is coming on my own. Hanah's (Nonagis?) & Millison's shares of personal property I am astonished I did not think of it sooner, that you and the lawyers and everybody did not see immediately. Do you who wrote one of the deeds not recollect that, all the interest of the above named persons to the real and personal estate of John Townsend decd. was deeded to me. This will alter the whole face of affairs. HOld on to that receipt which I sent you until you see if I am not correct. If you have given that out of your hands all is lost again. I am correct! I must be correct! The deeds released to me as positively the personal estate as they did the real estate; but I was careful to sell to Tracy only the real estate. Why d_n it! you all might have known that 4/5 of the personal estate sold, that is the $100 and some odd dollars of household concerns was mine anyhow. Stop short your compromise with them until you assertain the correctness of what I have said. YOu have the original deeds in your pocket look at them, and see if I cannot claim the personal property on them. If I can we have the jockeys floored. Write immediately on the receipt of this and recollect the facts "that if the estate is all personal the personal as well as the real was deeded to me; but I deeded only the real to Tracy, and of course yet hold my right to the personal estate. |
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