Facility Ten
27th August
Paid 18 ¾
Mr. James Gleave Esquir
Bufalo Ford Wythe County
Virginia
Mr. Gleaves I Seed (saw) a letter that you Wrote to Wm Orr Stating that you recd a Notese (notice) from the hands of James Rutherfords With my name to it for you to pay no acompts (accounts) that might Come against the Estate of Randal Rutherfoorde Decd Except they were to go through a Due Course of law this is to certify that I never signd no such Notice nor orderd it Done given under my hand this 24 of August 1842
John Austin
Polk County Tennessee August 24 1842
Mr. Gleaves I wish Some information from you more particular Respecting my acomt here is John Austins Certificate you See what he Says about it as for Nancy Orr I talkd to her about the notise you Recd She says she only had Polly Carters acompt in View that my acompt was Just and I ought to have it and She was present and Seed me pay the money to philip Fry Before I recd the Negro there is here a letter also from the Aald (old) man (Randolph Rutherford, Sr.) in his life time stating if I took the Negro at his proposal he would settle the mony at his Death without interest I am at a loss to no in what way the laws of Virginia requires us to Defend Our acompts as Philip Fry and my self is placd in the same situation you will please give us information By letter as for William I am persuaded it aint worth while for you to mind him and that was the Design in gitting Nancy Orrs name and putting Austins name to the notise Beleiving you would not pay any attention to him if you think you will Be safe in paying our acompts and WM (William Rutherford) should Sue Fry and my self will Defend our acompts you will please to Rite us an answer as Quick as you Receive this letter and you will Oblige us yours Respectfully
William Orr
Philip Fry
Direct your letter Facility post office
McMinn County Tenissee
Philip Fry
The affidavit and both letters were written by William Orr. Randolph Rutherford, Sr. died in 1841, leaving a widow and a large family. Although he made specific bequests in his will, the size of his estate, and the value of his slaves, spurred much squabbling among his heirs. His estate was also the target for several law suits, which delayed a final estate settlement.