Affidavit of William Rutherford concerning distribution of slaves from his father's estate.

Whereas by the last will and testament of Randall Rutherford, decd late of Wythe County, a certain negro boy, named Nelson, is bequeathed to me, with the privilege given in said will to Calvin Rutherford to take said boy, Nelson, he paying to me the worth of said boy at the death of my mother, Polly Rutherford, widow of said Randall Rutherford – and whereas said Calvin Rutherford wishes to take said boy and my said mother, who now resides in the state of Tennessee wishes to remove said boy to that state, and James T. Gleaves, the executor of the last will and testament of said Randall Rutherford, is willing to let said boy be taken to Tennessee, upon his being indemnified against my claim to said boy or to his value or worth, as aforesaid – Now, therefore, I hereby fully authorise said Gleaves to give up said boy and let him be taken out of the state of Virginia; and I do also hereby release him, his heirs, executors, and administrators, from any and all claim of myself, my heirs, executors, administrators or assigns, to said negro boy, or to his worth as aforesaid, or to damages for his permitting said boy to be carried out of the state of Virginia and I will look to said Calvin Rutherford only, for said boy or his worth under the said clause of said will.

Given under my hand & seal this 20^th day of September 1843.
William Rutherford

Witness
Thomas Sanders

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