Big lawyer bill for GW's Custis Estate Nov 1759
There's always a gatekeeper to your money. Think your bank. Their's always an intermediary. In this case there had to be one. This was a contested estate. So you needed lawyers. And this case went all the way to the top court in London.
1650 in pounds was one of those lawyer bills on 16 Nov 1759.
George Washington became guardian of Martha's estate.
It was she who inherited it ultimately from a notorious scoundrel.
He was Daniel Parke.
He was Martha's previous deceased husband's Grandfather.
Daniel Parke had a daughter, Francis Parke, who married a Custis.
That Custis had the son who married Martha Dandridge.
After Martha's first husband dies July 8, 1757, she marries George Washington Jan 6, 1759 on 3 Kings Day. She then becomes Martha Dandridge Custis Washington.
Head spinning? Here's a recap.
This notorious rascal Daniel Parke, murdered on 7 December 1710, 22 years before George Washington is born, leaves a legacy on our George Washington -- a law suit. Daniel Parke leaves behind a daughter Francis Parke. She marries a Custis. That Custis is ornery. He has a son. He doesn't want that son to marry Martha Dandridge. But Martha Dandridge figures out a way to change the old man's mind. She gets his blessing to marry his son. She marries the son 15 May 1750. After a marriage of 7 years, this son of the ornery Custis dies. So, the now widowed Martha Dandgridge Custis then marries Colonel George Washington 6 Jan 1759. And so here we are on 12 June 1759. George Washington writes a letter about this estate, But back to the rascal who left this fortune.
This Daniel Parke who leaves this legacy wasn't just murdered. He was mutilated afterwards.
"a mob of the privileged citizens of Antigua
"attack'd and forc'd his Guard,
entred his House,
broke open his Chamber-Door,
and Shot him. ...
they broke his Back-bone, dragg'd him by the Heels down the Stairs;
shot him again in several places;
and some,
whose Marriage-bed, 'tis thought, he had defiled,
revenged themselves on the sinning parts,
which they cut off and expos'd."
Source:
"Tragical End of Colonel Parke, Governor of the Leeward Islands," in The Political State of Great Britain (London, January 1710-11), 339.
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That's it.
That's our lead story.
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Compiled by Jim Moyer 11/20/2023, 11/22/23
Table of Contents
Portrait of Daniel Parke
Four years after this portrait [of Daniel Parke who required that anyone who inherits his estate has to have "Parke" in there name and is why you see Martha's children retain a middle name of Parke), this man is murdered. Daniel Parke II by John Closterman, oil on canvas, 1706, in the collection of the Virginia Historical Society Born - 5 September 1664 Colony of Virginia. Died - 7 December 1710 (aged 46)
One more thing about that protrait. See that little brooch portrait of a woman? That's Queen Anne.
From wikipedia ---
"In 1701, he moved to England for a second time and in the next year began serving as an aide-de-camp to Marlborough after the War of the Spanish Succession broke out.
After the 1704 Battle of Blenheim, he personally delivered the duke's victory dispatch to Queen Anne.
Parke did not receive the governorship of Virginia as he had hoped, and instead was subsequently appointed as the governor of the Leeward Islands in 1706."
Why was this called the Dunbar Case?
A decade after Daniel Parke's death, John Custis [the father of Martha's first husband ] opened a letter from a man named Dunbar Parke.
Formerly named Thomas Dunbar, Dunbar Parke had married Daniel Parke's Antiguan daughter and taken her last name.
Having discovered new debts in Daniel Parke's Antiguan property,
Dunbar wanted Custis to pay them. Dunbar interpreted Daniel Parke's will to mean that all his debts would be left to his Virginian daughters, and all of his profits to his estate in Antigua.
He demanded that John Custis pay £10,000.
This John Custis was the ornery father who didn't want his son to marry Martha Dandridge (whose 2nd husband became George Washington). But Martha finally made a persuasive impression on the ornery father and so he relented.
Custis wrote to a colleague, "if these whores and bastards get their demands my son is ruind."
The Dunbar Suit is back on:
In July 1757 the Privy Council [in London England] reversed the Virginia court’s decision, which meant that the case should go back to Virginia for retrial.
This meant the suit to put debt on Martha was back on.
Source: Crtrl F to find the word "retrial":
GW's future wife, Martha, hears word of the estate of this Daniel Parke taking a turn for the worse.
A lawsuit that had festered in the courts for 30 years reared its ugly head in 1757, likely brought to Martha's attention shortly after her husband's unexpected death.2
[Martha Dandridge's first husband, Daniel Parke Custis, died July 8, 1757]
This was the Dunbar case, which, if lost, had the potential to put George Washington, the new administrator of the Custis estate, on the hook for £10,000.
Washington Estate Oct 1759 Custis Estate distributed Oct 8 2023 https://jimmoyer1.wixsite.com/fortloudounva/single-post/washington-estate-oct-1759-accounting
Meet John Mercer, father, lawyer and Custis Inheritance Sep 1 2023 https://jimmoyer1.wixsite.com/fortloudounva/single-post/meet-john-mercer-father-lawyer
The Dunbar Lawsuit on the Custis-Washington Estate Jun 14 2023 https://jimmoyer1.wixsite.com/fortloudounva/single-post/the-dunbar-lawsuit-on-the-custis-washington-estate
The Lawyer bill in Nov 1759
Enclosure: Order on Bank of England, 16 November 1759
Enclosure Order on Bank of England November 16 1759. Pay Mr John Moorey1 or Robt Cary Esqr. all Dividends now due, or shall hereafter become due £1650 Bank Stock standing in the name Jno. Custis decd and this shall be your Sufficient Warrant.2
Go: Washington & Martha Washington late wife of Danl Parke Custis Decd
Founders Online Footnotes
DS, Bank of England. The document is in GW’s hand and was signed by him and Martha Washington.
1. John Moorey was a partner in the firm of Robert Cary & Company.
2. Although GW dated this draft in November 1759, he did not send it to Robert Cary & Co. until this time.
In another hand are the notations “pd ⅌ order of Mr Fayling,” “132 Divid. No. 974 133 [Divid. No.] 978,” and “fo[li]o 280.”
Source:
Activity on this estate from Sept to Nov 1759
Sept 1759
1From George Washington to Capel & Osgood Hanbury, 20 September 1759 (Washington Papers)
On the 12th June last I wrote you fully, and addressd Copies to which be referd. and gave you...
2From George Washington to James Gildart, 20 September 1759 (Washington Papers)
I wrote fully to you on the 12th June last and Addressd Copies to which be referd. Annexd is an...
3From George Washington to Robert Cary & Company, 20 September 1759 (Washington Papers)
This will make the 4th Letter I have wrote you since my Marriage with Mrs Martha Custis—the two...
4Enclosure: Invoice to Robert Cary & Company, 20 September 1759 (Washington Papers)
Invoice of Sundries to be sent by Robt Cary Esqr. and Company for the use of George Washington....
5From George Washington to Richard Washington, 20 September 1759 (Washington Papers)
Inclosd you will receive a Bill (promisd in my last of the 7th May) which please to receive and....
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Oct 1 1759
5III. Report of the Commissioners to Settle the Estate, c.October 1759 (Washington Papers) In Obedience to the Order of the General Court made the 28th of April in the Year 1759 we have... 6III-A. Schedule A: Assignment of the Widow’s Dower, c.October 1759 (Washington Papers) All the Lands in King William County 2880 acres N.B. the Marsh adjoing this Land is to furnish... 7III-B. Schedule B: General Account of the Estate, c.October 1759 (Washington Papers) 1757 The Estate of Daniel Parke Custis Esqr. deceasd Current Money Dr To Mrs Martha Custis for... 8III-C-1. Schedule C: Account of Martha Washington’s Share of the Estate, c.October 1759 (Washington Papers) Dr George Washington Esqr. Sterling Currt Money To Mrs Washington’s Dower in the Negroes appraisd... 9III-C-2. Schedule C: Account of John Parke Custis’s Share of the Estate, c.October 1759 (Washington Papers) Dr Mr John Parke Custis Sterling Currency To ⅔ of the Negroes appraisd at £5972. 1. 6 To sundries... 10III-C-3. Schedule C: Account of Martha Parke Custis’s Share of the Estate, c.October 1759 (Washington Papers) Dr Miss Martha Parke Custis Sterling Currency To Sundries out of the Goods Impord £18. 9.8 1/2 To...
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Appendix B. Account of Sale in Williamsburg for the Estate, 25 October 1759
Appendix B Account of Sale in Williamsburg for the Estate [25 October 1759] An Account of the Sail of the Estate of Colo. Custis Decst in WmsBurg October 25 1759 £ s. d.104.12 Pewter Dishes and 6 Plates To Cash paid1. 2. 6105.4 Pewter Dishes To George Chaplain.12. 6106.9 High Leathe Chears To Thos Wilkins2. 5. 6107.1 Tin Basket & other Lumber To John Greenhow.11. 108.1 Jarr one pr Scales & weights To Wm Graves.15. 6109.1 Ladle 2 Candle Sticks & snuffers To John Bartley.10.
187.1 Chest Cash paid. 4. 188.1 Chest Cash paid. 1. 3189.210 ⟨illegible⟩ pounds oald Iron To Thos Pate.17. 658. 7. 7 D, ViHi: Custis Papers. The account is in the hand and orthography of the estate manager Joseph Valentine. On a separate, or cover page, GW wrote “Sale of the Estates Goods in Williamsburg pr Jos. Valentine.” Williamsburg merchants and storekeepers are listed as buying most of the items, with few lots going for more than £1. 1. John Mercer inserted the numbers for each entry (104 to 189) on Valentine’s sale list. He then supplied the numbers from this sale account when he listed these items in his consolidated estate inventory (Appendix E). See note 4, Appendix E, for reference to the probability of other sale lists now missing. Valentine’s descriptions of items in an entry are often much fuller than Mercer’s.
PERMANENT LINK What’s this?
Cash Accounts, November 1759
Cash Accounts [November 1759] CashNovr 5—To Ditto [cash]£1.12.68—To Cash of Colo. Custis’s Estate125. 0.017—To Cards5. 5.027—To Cash of the Estate—by the hands of Mr Valen[tin]e2110. 0.0To Cards 2/62.6ContraNovr 3—By Subscription to the purse in Wmsburg31. 0.0By Ditto pd for Colo. Fairfax—on same acct0.10.06—By gave away 2/6—Ditto 2/6—Abridgt of Laws 20/41. 5.09—By Cards 15/—Oysters 1/6—By Cards 15/—Cheese 1/1.12.610—By Capitol Ball 35/—Two Tickets 20/—Club 4/62.19.612—By Gloves 2/6—Barber 2/6—Pocket Book 10/0.15.0By Doctr Amson £3—Ticket for a Ball—20/4. 0.016—By Baker &ca 3/—Mrs McKenzie 33/—Mr Davenport 2/651.18.6By Mr Thos Johnston in Excha: of Horses5. 0.017—By Jno. Carter[,] Farier 10/—Wilson paintg my Chariot £9—Barber £2.1012. 0.0 By Hinges & Canary Seed 16/—Painters Boy 5/1. 1.020—By Mr Campbell 20/—Craig Jeweller 27/32. 7.326—By Coach Whip 2/6—Mrs Washington 20/1. 2.630—By Exps. at Cumberland 7/66—Cards 25/—gave 1/31.13.9Novr7By Ditto lent Mr Wm Ramsay on Intt8200. 0.0By Ditto paid the Treasurer for Colo. Carlyle9100. 0.0 AD, General Ledger A, folio 62, 63. 1. In his account with the estate of Daniel Parke Custis, GW records receiving on this date £25 “Intt on Francis Foster’s Bond” (General Ledger A, folio 57). 2. Joseph Valentine as manager of the Custis plantations in New Kent and nearby counties apparently took in this amount on the produce of the dower plantations. See doc. IV-D in Settlement of the Daniel Parke Custis Estate, 20 April 1759–5 Nov. 1761. 3. The purse was the prize for the Williamsburg races. GW arrived probably on 26 Oct. for the court’s initial division of the appraised personal property of the Custis estate and to attend the colonial assembly, which convened to hear Governor Fauquier’s speech on 1 November. 4. On 2 Nov. John Mercer’s petition “was presented to the House and read; setting forth, That he hath (with great Labor and Expence) compiled and printed a complete and correct Abridgment of all the publick Acts of Assembly of this Colony in Force and Use at this Time” (JHB, 1758–1761, 136). Published in Glasgow, in 1759, it was entitled An Exact Abridgement of All the Public Acts of Assembly of Virginia, in Force and Use. January 1, 1758. 5. Davenport was probably Joseph Davenport (d. 1761), or one of his four sons, Joseph, James, George, or Matthew. The elder Davenport was town clerk of Williamsburg. 6. Cumberland Town was in New Kent County. 7. These two entries appear after the entry for 3 Jan. 1760. 8. In his account with William Ramsay, GW notes that the £200 was “lent you in Wmsburg” (General Ledger A, folio 90). 9. GW paid the £100 to John Robinson for John Carlyle on 20 Nov. (ibid., 11).
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