Viewing page 92 of 175

This transcription has been completed. Contact us with corrections.

178

mistaken if he intended to affirm that as counsel for the legatees of said Howlett. I claimed any right or wish personally to control the proceeds of sale of land made about January 1862 to Ro Alvis; On the contrary I expressly refused to assume any such responsibility, as the arrangement actually made will tend to show, The bonds referred to given by the purchaser Rob't Alvis to Thomas Hatcher for the deferred payments for the land, were virtually assigned to the court. The proposition to assign these bonds for the benefit of these legatees was made by Mr Hatcher in consequence of the interference of the legatees to prevent the sale to Alvis unless some satisfaction were offered them, but that interference was withdrawn in consequence of the arrangement made.
The bonds could not under the will, and the then existing condition of the estate be transferred directly to these legatees; Yet the object of the legatees could not be accomplished except by the withdrawal of these bonds from the control of Mr Hatcher, The difficulty was obviated by a restricted assignment endorsed on each bond in the following words.
"I hereby assign the within bond to C C McRae counsel for the negroes emancipated by the will of Thomas Howlett dec'd, to be collected and disposed of as a court of competent jurisdiction may determine. Jany 3, 1862 Thomas Hatcher"  Alvis executed a trust deed, conveying the same land, recorded in Chesterfield to secure the payment of these bonds in which the above described transfer is expressly recognized. 
Very soon after this transaction I brought suit in behalf of these legatees, as their counsel, against said Benjamin Hatcher as executor, in the Circuit Court of Chesterfield, which suit styled "Rebecca and others vs Thomas Howlett Executor" is still therein depending; and I particularly refer to the papers and proceedings in said suit for more explicit reply to enquiry made of me.  This suit seeks among other things, a settlement of Mr Hatchers transactions; full protection for the persons and property of the legatees, and places these bonds, which were filed with the bill, under the control of the court, to be collected and disposed of, as required by the terms of the transfer, at its discretion. The court, by its decree, directed me to withdraw these bonds, as they were or became due,

179

pay expenses and invest nett proceeds in confederate bonds; which I did in strict accordance with the decree, making the investments promptly as the money was collected, The confederate bonds so purchased are filed with the papers in the suit and exhausted the whole proceeds except one dollar and forty cents confederate money still in my hands——
Mr. Hatcher correctly states that he paid me two hundred and fifty dollars on account of counsel fees, The parties themselves were unable to pay, and it was with their approbation I collected the fee of Mr. Hatcher. How far my labors in their behalf deserved compensation, the papers in the suit referred to, will impart only show.
Respectfully Reported
(Sgd) C.C. Mc Rae
Endorsed

Richmond Va. Nov 10th 1865
Respectfully returned to Capt. Stuart Barnes A.Q.M. & Supt. inviting his attention to Mr. C.C. Mc Rae's report.
(Sgd) H.S. Merrell Lt. & Supt.

Petersburg Nov 11th 1865
Respectfully referred to Freedmens Court, City of Petersburg for adjudication and report.
(Sgd) Stuart Barnes Capt & A.Q.M. &c.

Geo. Howlett
Wilson Howlett
Chesterfield Col
Nov 12th 1865
P.101

Rec'd Back Nov 28th 1865
Endorsed
Petersburg Nov 29th 1865
Respectfully returned, attention invited to accompanying investigation and report.
(Sgd) Stuart Barnes Capt & A.Q.M. &c.

The above papers of Cole & Howletts enclosed in wrapper and Endorsed (6 Enclosures)
Petersburg Va. Nov 20th 1865
Respectfully returned through Col. Brown Asst Comr &c to Mr Howletts heirs, with reference to report of Freedmens court. It appears that this matter is being adjudicated in Chesterfield Co. Court.
(Sgd) Stuart Barnes Capt & A.Q.M. &c.

Transcription Notes:
---------- Reopened for Editing 2024-03-29 18:14:53