Franklin County Virginia USGenWeb Archives Court.....Ward, Asa August 8, 1826
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File contributed for use in USGenWeb Archives by:
Janet King JPerdue192@aol.com May 17, 2009, 7:07 pm

Source: Franklin Co., Va Court Records
Written: August 8, 1826

     The separate answer of Asa Ward Executor of Daniel Ward Decd to the bill 
of complaint exhibited against him and a certain Daniel Ward in the county 
court of Franklin by Meshack Perdue Executor of Daniel Perdue Decd.
     This Defendant saying for answer to the material allegations of the 
complainants bill saith, that he admits the death; the will of Daniel Ward the 
elder, etc probate in the county court of Franklin, and his qualification as an 
executor, he admits that Daniel Ward the younger left this county many years 
since, and whither he be now alive this defendant does not know, this defendant 
has addressed one letter to him since the death of his Testator without 
receiving any answer, he does not therefore admit that he is now alive.
     This defendant admits that by the will of his Testator he is directed and 
in obedience thereto he sold the perishable estate belonging to him that after 
paying to this defendant the sum of $200 there will be some ballance subject to 
the claims of the said Daniel Ward, if he be now alive or to his children if he 
be dead. This defendant qualifed as Executor little more than three months past 
and is at this time owing to the unsettled state of his testators affairs 
unprepared to exhibit the net ballace due, but will in a short time, exhibit a 
statement, disclosing the amount.
     This defendant is entirely unacquainted with the justice of the claim set 
up by the plaintiff, he desires that the paper exhibited by the plaintiff is a 
bond, he is advised that it is a simple contract debt, a state transaction and 
long since bound by the act of assembly limiting actions, he therefore relies 
upon the said act of assembly as opposing a complete bond to the said demand in 
the same manner as if the same was more formally pleaded. This defendant knows 
nothing of any late conversation by the plaintiff with the said Daniel Ward on 
the subject of this debt, therefore he does not admit it. This defendant having 
fully answered prays to be hence dismissed with his cost in this behalf 
expended. The plaintiff by wm Cook his Attorney accepted do and object and with 
answer as not responsible to all allegation of this bill. 8th August 1826



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