James T. Gleaves receives legal advice about the settlement of Randolph Rutherford's estate.

James T Glaves Esq

Wytheville Sept 18^th 1843

Dear Sir
W Retherford has a strong desire to take the negroes willed to his mother home with him – And I am Satisfied it is your desire that he should do so – There can be no difficulty with Calvin, or with the old lady – The only difficulty that could arise would be that debts might be owing by the testator (Randolph Rutherford, Sr.) in his lifetime, Whether he owed any debts of magnitude or not, I suppose you know. If he owed nothing there would be no need of a refunding bond. If you think a bond would be necessary, and if Mr. Rutherford is good, you might take his bond, a refunding bond is as good without, as with security, provided the obligor is good. I have carefully examined the will, Mrs Fry is not entitled to any thing under the will, except the Specific bequests to her; therefore a refunding bond will not be necessary on her account – If She was entitled to any part of the residue of estate, She could have no claim on the negroes specificly devised – By our bill we seemed to have admitted the possession of the slaves in the old lady – I would have been glad to have seen you and ascertained from you the situation of the estate and then I could have given you a Safe opinion, but as it is all I can do is to tell you the law and you must judge of it – If you do not apprehend that any debts will come against the estate there is no need of refunding bond – If you do apprehend that debts are owing by (the estate) if they do not amount to more than the balance of the estate not devised, a bond will do no good in this case, for the part of the estate not specificly devised would be first Subject to the payment of debts – Your friend
David MComas