Edmund Pendleton letter to Richard Gaines, 1786 October 27

Edmund Pendleton letter to Richard Gaines, 1786 October 27

1 item ([2] leaves) : 19 x 15.3 cm

Letter, 27 October 1786, from Edmund Pendleton in Caroline County, Virginia, to Richard Gaines in Culpeper, Virginia. Pendleton advises Gaines on the bequests in the will of his father, William H. Gaines to Richard’s sister, Isbell and brother, Tommy. Endorsement mentions Philip Slaughter as executor of William H. Gaines' estate.

Pendleton (1721-1803) was a notable Virginia planter, politician, lawyer, and judge who served in the Virginia state legislature both before and during the Revolutionary War. He also served as President of the Supreme Court of Appeals of Virginia from 1778 until his death.

[Page 1]

Caroline Oct 27 1786

Dear Sir,

In the course of my practice formerly, I have
been often Chagrined at Applications from children, as soon
as a parant was dead, for advise how by some Rigid Law to
violate his Will, and get a disposition of his estates contrary to
his intention, tho that both in law & reason ought to be sacred, equal
to the Will of Heaven. My dealings thus [illegible] were only those of
General humanity, but I received a more tender wound in
hearing that something of this sort prevails amongst so wear
Relations as my [torn, illegible] children, and which is like to produce
contentions in Court between them, to prevent which, is the pur
pose of this letter in which I mean to give the family through
you, my advices as a common friend, who have not the smallest
degree of Partiality for ones in preference to another.

The extraordinary bequest to you^r Sister Isabell in the
Will, I take it for granted that you do not mean to dispute, since
having proved the Will, you have added the Obligation
of an Oath to that of the Law, to perform it; but my wish
should be that no child would even express a murmur at
it. Had he formed predilection in her favour from no
other grown [torn, illegible] fancy or Caprice he had a right
to gratify it submission would have been the duty of the
other children; but on examining the case, what he has
done to me seems to stand the test of strict Justice and
Equality. The elder children left the family as they came
of age and have been at liberty to pursue the Interest of
themselves & families, it was her lot as youngest, at the
time she became Marriageable, to have her father aged
& infirm, and from the frequent absence of you^r mother, he
must have suffered greatly had she left him - in this state
of things she piously sacrificed several years of her Youth

[Page 2]

and bloom to his case and satisfaction; judge you then if some
compensation for this was not a debt of justice - It was no
reproof to his other children, who would probably have done
the same had they been in her situation, but the Lot was cast
on her, she did her duty & he recorded it - do not therefore
repine at it, much less make that a reson for other claims,
but adjust them on their own Merits, I will proceed to
consider 1. Her Horse & sidl saddle - You have been ill-
advised that they could not be given without Deed or Will
those are necessary in the gift of lands or slaves, but mere
personals will pass by verbal gift - The saddle if it was got
for & used only by her, was without other donation, as much
hers as her gowns & other apparel. The horse indeed, tho
she might be generally ride him, yet as he might be other-
wise used on the plantation, I should not consider that as
a sufficient evidence of the gift, but if there is sufficient -
evidence of an Actual gift, she will certainly be intitled
to the horse also. The mare you^r brother Tommy had when
he returned from the War, & the bed on his Marriage, being
given & delivered, will admit of no dispute, but he will surely
have them. The claim against your sister for the money you
advanced for Mr. Broaddus's Estate founded on her
promise, I should be sorry indeed to hear was discussed
in Court, since to deal candidly with you as a friend, I think
it would only show that you at the time of the promise, -
wanted that filial respect which she manifested. That
you ought to be repaid that money out of the estate of your
father, at whose request you advanced it; As Executor you
have a right to pay you^rself & I don't learn that any of the
children dispute it - why then should you claim it of

[Page 3]

your sister who was under no obligation to pay more
than her part, and her promise from the circumstances
& for want of consideration, you will find to be void. She
had no motive or consideration for making the promise
but her father's peace, & consider seriously how it might
sound in Court, that a sister was obliged to purchase of a
brother the quiet of their common Parent lying on his sick
bed tho' she gained nothing, yet if you had lost any thing
by her making this promise, that might have made it binding
but that is not the [torn, illegible] would
have been in, if she had not promised, it may get you^r money
from the right quarter. I have only to request that you'd
excuse the freedom I have taken in advising, and do
not suspect that you^r Mother has at all influenced my
Opinion - she mentioned the several disputes with
concern that they should happen in the family without
even devising my Opinion, or that I would interpose
in it. My best respects to you all. I am

Dear Sir Your Obedient uncle

Edmund Pendleton

[Page 4]

Judge Edmund Pendleton
to Captain Richard Gaines
Chief Executor of Gaines
October 1786

Mr. Richard Gaines
in
Culpeper

Ink on paper