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Mark Smith Collection

Document 1
Correspondence, Samuel Bumgarner to John H. Nelson, October 23, 1848

Capecapon October 23 1848 Dear Sir I received your letter dated Sept the 10th which gave me the information that Mr. Dunlop was dead which I regreted to hear. In reply to your letter I would just say that there has nothing been done towards an arrangement with the blacks I have talked with them about it but when I spoke to them last about the matter they had come to no decision about the matter and all that they would say upon the subject was that they would do it if they could see it to be to their interest to do so I did not try to persuade them to it but advised them get some one to investigat the matter and give them advice accordingly but I do not think that they will agree to take the home farm for their shear as it would not be more then their proportion of the land exclusive of the other propperty I should be very glad if somthing of the kind could be effected to close the whole business as as soon as possible though there are some other difficulties in the way at the present which I will endeavour to state Mr C Heiskel Deputy Sheriff of this County who was appointed Committee administrator de-bonis-non of the estate of Samuel Guard dec'd (to whom had been assigned some bonds that are given for the purchase of the land where the blacks now live on by the man of whom Mr Ellis purchased) and the said C Heiskel has filed his bill in chancery against me as executor of Joel Ellis dec'd for the amount of said bonds holding them as a lean upon said land having alledged in his bill that Mr Ellis had knowledg of said out standing bonds when when he purchased the said land, It will devolve upon him to prove those allegations and how far he may succeed I cannot tell I have not yet answered his bill but expect to do it soon the case will come up for to be heard at the next term in April next and I would wish that all those concernd in the matter should know something about it that if they think proper they may take some part in the defence. I would further stat that Cagle the man of whom Ellis purchased did take the benefit of the bankrupt law and in doing so he gave up to the assingnee two bonds on Mr Ellis for one hundred dollars each and the assignee having placed them in the hands of an attorney for collection I refused to pay them until the case in chancery was decided as the bonds had been given up for the benefit of the creditors and Guards estate being the principal one in consequence of my refusal to pay suit was brought and judgment has been obtained on them with the understanding that it is to rest so til a decision of the case in chancery my oppinion is that if Heiskel succeeds in establising his claim that the amount of these two bonds will be deducted out of his claim

The debts have been considerably more then I have any knowledg of when you was here I have made a settlement with the court and find that I have paid upwards of five hundred dollars and have paid some since and some standing out yet. I have not collected enough yet to pay all off There is an execution in the hands of the sherif for between four and five hundred dollars on Davis It is in consequence of these matters of which I have spoken above that I have not yet aplied for a decree to construct the will but expect to do it in the spring if nothing occurs to prevent it as the negroes are presing upon me for the amount left to them for schooling and I do not intend to pay it til the will is construed in that way you say that Mr Dunlop informed you that large claims were due the estate of which you had no knowledge. I cannot tell what information he got uppon the subject nor where he got it so far as I know I gave you all the information that I gave him and I beleive I gave you a statement of all that I know any thing about and if any other person knows of any I would like them to tel me

There is some claims in Ohio on same persons there the amount of which I do not know and presume they are worthless with the exception of one of a small amount I am endeavouring to do the business in the best way that I can and cannot say any thing deffinite as to the amount that will fall to each of D. B Ellis heirs but would just say that I expect to see Mr Cooper and the blacks too shortly and will endeavour to ascertain somethin certain about the matter and will inform you of it in the mean time I would subscribe mysilf

Yours very Respectfuly
Samuel Bumgarner

Mr J H Nelson

NB To give you a better understanding of the clame of Heiskel I would state that Cagle purchased the land from Kiswell and Kidwell assigned Cagle's lease to Guard and Kidwell and Cagle both became bankrupts



Mark Smith Collection: Selected Items

West Virginia Archives and History