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Shelton, Admx. of Abner C., etc. v. Royall, Francis L., etc.: Chancery Cause, Halifax County (Part 1 of 6)

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to be due by said Shelton to this said Respondent all which will appear from exhibit 3 here with filed as a part of this answer. This Respondent relies on the document aforesaid as a settlement of all matters then existing between himself and the said Abner C. Shelton and would have embraced any money advanced to the payment of the bank debt aforesaid, if any such had been made. After this a partnership was formed between the said Shelton, a certain William Royall and this Respondent for a trading in negroes, and the whole conduct of the business and holding and laying out of the funds were entrusted to the said Abner C Shelton & Wm. Royall. The said Shelton had expended all the social effects in the purchase of slaves except about $[blank] in the purchase of slaves whom he had sent to the South to his partner William Royall for sale when being on his way home from said purchase he was accidentally killed. The slaves aforesaid were sold by the said William and afterwards a full settlement was made between him, the female Complt. as adm'x and this Respondent on account of said partnership & this Respondent is of opinion that he and she passed receipts in full to the said William Royall for her husband's interest in the partnership aforesaid. At that settlement no pretense of claim was put up either by the said female plt or the said William for any money due to the said concern by this Respondent. As to any remittances having been made by the said Abner C. Shelton from the South to[discharge the bank debt aforesaid, this Respondent has no recollection of them but if any such were made they were intended to be and were applied to installments due prior to that of January 1st 1837, the amount[whereof which this Respondent claims as paid by himself, having been done out of his own individual funds. That this Respondent acted on behalf of said firm during the absence of said Shelton or as his individual agent, or that in & either of these capacities he received funds is expressly denied unless in some particular cases of individual interest in which by directions of the said Shelton he may have received small amounts of money, all of which he duly accounted for or applied as directed. As to the charge that this Respondent transacted all the business of administering the estate of A. C. Shelton dec'd & received without accounting for monies due on account thereof the following is a true statement of facts & whatever in the Complts bill conflicts there with is expressly denied. The female complainant resided with this Respondent and without having been appointed her agent, did transact much of her business, but considering himself not such an agent as required the keeping of accounts did not pretend to any such things. In truth he considered himself as nothing further than a mere instrument in her hands. He would sometimes raise money, which he immediately paid over to her, sometimes he would discharge debts due from the estate in some cases delivering to her the residual of such debts and in some instances retaining them himself. The sale bonds were not kept by this Respondent but delivered to the female complt, tho some of them he collected & paid the amount either to her or to creditors of the estate. The only amount waived by this Respondent & not disposed of as above mentioned that this Respondent recollects or has any knowledge of is the sum of two hundred and odd dollars retained by this Respondent on account of the debt specified in exhibit 3 & the amounts specified in document herewith filed marked 4. and for which credit has been given in a suit brought against the complts for the recovery of the same with others in the Circuit Superior court of Pittslyvania county. And which said amount of two hundred & odd dollars is composed of the [articles?] purchased by this Respt at the sale of the property of A. c. Shelton dec'd. As to the charge that this Respondent is possessed of the books and papers either relating to the estate of the said A. c. Shelton or to the partnership aforesaid the same is denied, except as far as he retains the evidence of such debts as he has paid for the said estate & to which he considers himself entitled. This Respondent before the bringing of this suit sent to the male complt all the papers relating to the matter aforesaid except those retained for the reason aforesaid, all of which papers were in fact in the possession of the female complt and only cast upon this Respondent by her having his house without taking them with him which she was at perfect liberty to do. As to the receipt of money from the said A. c. Shelton before & after his death, this Respt. considers this allegation already answered & altho he cannot specify the amount received in their various transactions, he relies upon the settlement evidenced by document 3, by the settlement made between himself the female complt & William Royall as conclusive of all matters previous to the death of said Shelton as those relating to the partnership. As to monies received since the death of the said A.C. Shelton he again answers that he has only accounted therefor, that he was required to keep no account thereof, that it was no such agency as