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Answer. He did in the conversations and at the time alluded to [illegible] Halston store.  
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Answer. He did in the conversation and at the time alluded to in Walston's store.  
9th Had you or had you not any interest in the estate of John [illegible] Bagwell?
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9th Had you or had you not any interest in the estate of John Y Bagwell?   Answer. I had no interest in the estate but was his administrator.
Answer. I had no interest in the estate but was his administrator.
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10th Did you or did you not give the Commissions allowed you for settling said estate to Mrs. Rosa G Bagwell his widow?   Answer. I did.
10th Did you or did you not give the commissions allowed you for settling said estate to Ms. Rosan G Bagwell his widow?
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11th Have you or have you not any claims for Commissions or otherwise against the estate of John Y Bagwell dec?   Answer. I have not
Answer. I did.
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Question by defendants Counsel
11th Have you or have you not any claims for commission or otherwise against the estate of John [illegible] Bagwell [illegible]?
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1stAre you still the administrator of John Y. Bagwell?   Answer. I am not.  The estate has been audited & settled some time since and the property in the possession of Mrs. Bagwell.
Answer. I have not
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2nd. Have your letters of Administration upon the estate of John Y Bagwell dec'd. ever been revoked or have you ever been removed on motion made by your securities or otherwise?
Question by defendants counsel
 
1st Are you still the administrator of John [illegible] Bagwell?
 
Answer. I am not the estate has been [illegible] and settled some time since and the property in the possession of Ms. Bagwell.
 
2nd Have you letters of [administrations?] upon the estate of John [illegible] Bagwell [illegible] ever been [illegible] or have you ever been [illegible] [illegible] [illegible] made by your securities or otherwise?
 
 
Answer. Not that I know of.
 
Answer. Not that I know of.
3rd Why is it that you [illegible] say, you are not the administrator of John [illegible] Bagwell?
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3rd Why is it that you now say, you are not the administrator of John Y Bagwell?
Answer. Because  I have not had any thing to do with the [illegible] estate for the last six years, and the property is all in the possession of the [distributer?]
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Answer. Because  I have not had any thing to do with the sd Estate for the last six years, and the property is all in the possession of the distributee.
4th Do you or not know whether [illegible] [illegible] [illegible] that [illegible] estate would succeed in the suit against [illegible] [illegible] alluded to in the foregoing part of your deposition!
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4th Do you or not know whether W. P. Custis expected that Mason's estate would succeed in the suit against Jno Bull Sr alluded to in the foregoing part of your deposition!
Answer. I have heard Mr. [Custis?] say several times that he did not think [illegible] estate would be [illegible] by the termination of the suit and my understanding of Mr. [Custis?] was that he did not think [illegible] would [recover?] anything.
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Answer. I have heard Mr. Custis say several times that he did not think Mason's estate would be worsted by the termination of the suit and my understanding of Mr. Custis was that he did not think Bull would recover anything.
5th Did you ever hear Mr. [Custis?] make a positive [illegible] [illegible] to pay [illegible] claim against the estate of Charles Mason [illegible]?
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5th Did you ever hear Mr. Custis make a positive & unconditional promise to pay any claim against the estate of Charles Mason dec'd.?
Answer. He made as [illegible] [unconditional?] promise as any executor could do.
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Answer. He made as an unconditional promise as any Executor could do.
6th Did you ever hear Mr. [Custis?] make a positive [illegible] [unconditional?] promise to pay any claims against the estate of Charles Mason [illegible] by which I [illegible] did he make a promise without [illegible] [illegible] conditions or qualifications of any sort?
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6th Did you ever hear Mr. Custis make a positive & unconditional promise to pay any claim against the estate of Charles Mason dec'd. by which I mean did he make a promise without ifs, whens, conditions or qualifications of any sort?
Answer. I did not. there was always [illegible] if, if he had [illegible] [illegible] when the suit was decided.
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Answer. I did not. There was always an if, if he had assets & a when, when the suit was decided.
7th [illegible] conversation between Mr. [Custis?] [illegible] yourself to which you [illegible], [illegible] to a claim of Samuel Balston [illegible] or to a claim of William [illegible] as surviving [illegible] of [illegible] [illegible]
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7th Did the conversation between Mr. Custis & Yourself, to which you refer, relate to a claim of Samuel Walston dec'd. or to a claim of William Walston as surviving party, or of Sam'l. Walston & Son
 
Answer. I do not know
 
Answer. I do not know
Had [settled?] the deponent saith not
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And further the deponent saith not   James H. Dix
James H. Dix
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The foregoing deposition of James H. Dix was taken by me for the Plaintiffs in the Clerk's Office of Accomack County Court pursuant to adjournment on Wednesday the 24th Feby 1841 in presence of the plaintiff's attorney & Wm T. Joynes one of the attys for the defts.   J. J. Ailworth Comsr in Chy
The foregoing deposition of James H. Dix was taken by [illegible] for the plaintiffs in the Clerk Office of Accomack County, [illegible] persuant to adjourning on Wednesday the 24th [Fey?] 1841 in presence of the plaintiffs attorney [illegible] [illegible] one of the attys [illegible] the defts. J. J. [illegible] [illegible]
 

Latest revision as of 19:38, 25 February 2022

Answer. He did in the conversation and at the time alluded to in Walston's store. 9th Had you or had you not any interest in the estate of John Y Bagwell? Answer. I had no interest in the estate but was his administrator. 10th Did you or did you not give the Commissions allowed you for settling said estate to Mrs. Rosa G Bagwell his widow? Answer. I did. 11th Have you or have you not any claims for Commissions or otherwise against the estate of John Y Bagwell dec? Answer. I have not Question by defendants Counsel 1st. Are you still the administrator of John Y. Bagwell? Answer. I am not. The estate has been audited & settled some time since and the property in the possession of Mrs. Bagwell. 2nd. Have your letters of Administration upon the estate of John Y Bagwell dec'd. ever been revoked or have you ever been removed on motion made by your securities or otherwise? Answer. Not that I know of. 3rd Why is it that you now say, you are not the administrator of John Y Bagwell? Answer. Because I have not had any thing to do with the sd Estate for the last six years, and the property is all in the possession of the distributee. 4th Do you or not know whether W. P. Custis expected that Mason's estate would succeed in the suit against Jno Bull Sr alluded to in the foregoing part of your deposition! Answer. I have heard Mr. Custis say several times that he did not think Mason's estate would be worsted by the termination of the suit and my understanding of Mr. Custis was that he did not think Bull would recover anything. 5th Did you ever hear Mr. Custis make a positive & unconditional promise to pay any claim against the estate of Charles Mason dec'd.? Answer. He made as an unconditional promise as any Executor could do. 6th Did you ever hear Mr. Custis make a positive & unconditional promise to pay any claim against the estate of Charles Mason dec'd. by which I mean did he make a promise without ifs, whens, conditions or qualifications of any sort? Answer. I did not. There was always an if, if he had assets & a when, when the suit was decided. 7th Did the conversation between Mr. Custis & Yourself, to which you refer, relate to a claim of Samuel Walston dec'd. or to a claim of William Walston as surviving party, or of Sam'l. Walston & Son Answer. I do not know And further the deponent saith not James H. Dix The foregoing deposition of James H. Dix was taken by me for the Plaintiffs in the Clerk's Office of Accomack County Court pursuant to adjournment on Wednesday the 24th Feby 1841 in presence of the plaintiff's attorney & Wm T. Joynes one of the attys for the defts. J. J. Ailworth Comsr in Chy