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Caswell Court House Jany 7th 1822
A.D. Murphey & Thomas Ruffin Esqrs
Gentlemen-
You have been heretofore advised that you were selected as the Trustees between Hinton & Braun of Petersburg & myself as relates to the purchase of my brother Duncan's Estate & the sale thereof again & that you on so originated in the written agreement between us, bearing date the 14th March 1822 - You have likewise received notice that Messrs Hinton & Braun hold a conveyance for my Real Estate in Petersburg by way of Collatral & additional Security for their debts & advances - I now ad -vise you that it is important to me to have that incumbrance remov -ed from my Petersburg Estate & therefore that I wish all the Es-tates of every description in North-Carolina sold by you at as early a day as convenient that the proceeds may be applied to the relief of my Virgi -nia Property - You will therefore advertise the sale of the whole of it to be had at Person Court-house at March Superior Court [next on?] such audits as you may think best. It is hoped, that it may be more than suf -ficient to pay the whole debt: And I am desirous of reserving a house for my brother's family: - If the other Estates should satisfy the Debts with out a Sale of the Tract ^of Land on which he lives or come within $1000: of it I will allow that to remain unsold, provided he wishes it & you feel yourselves at liberty to hold it longer - It is proper here to remark that it is my intention that the residue of the Estates after the debts contracted for my Brother shall have been satisfied shall [?] to the benefit of my brother's children & as they may have a choice in the specific parts which they would retain, I shall wish you to consult my brother & my nephew C. G. Rose as to the order of offering the seperate parts for sale - Nevertheless I do not mean that you shall be control -ed by them further than your own discretion shall bid you to assent to their wishes - In September last, I executed a Deed of Trust to Mr Sherwood Haywood to secure a debt to the Bank of Newbern, by the Terms of which a Sale can not be forced for some months to come: I wish you to assent to an immediate sale & procure Mr Haywood's concur -rence therein - Out of the proceeds of that sale, of course, the Debt to the Nwebern Bank must first be paid - The residue you will hold as Trustees under the Agreement with Hinton & Braun - About the same time, my nephew C. G. Rose made a Declaration of Trust in my
favor in relation to some personal & real Estate which he purchased in his own name but as my Agent, which has already been deposited with Mr. Ruffin. You will of course discharge the balance due to him upon that property out of the proceeds of the sale of it & the residue of those proceeds will constitute a part of the Fund in your hands as Trustees for Hinton & Braun & myself - It is likewise proper to mention that I purchased the Mill & the small tract of Land attached to it, which my brother formerly owned, & from the necessity of the case, took the conveyance to myself as also I did for the Hyco Land & the Court-House Property in order to make the deed of trust to Mr Haywood. The conveyances were so taken for the convenience of the parties at the moment; but the Estates are con -sidered by me as included in your charge as Trustees- But as the le -gal titles are in me & you can not just now make a sale & convey a legal title as Trustees, I have left for you a General Power of Attor -ney to enable you to sell all my Estates in North Carolina & thus to clothe you with every power of making a sale & conveying unexcep -tionable titles - I need not repeat, that all the proceeds of all these sales constitute the Trust Fund so ofen alluded to, after paying off the above mentioned incumbrances. - It is proper here to mention that by the agreement with Hinton & Braun all costs were to be dis-charged by my brother & muself or out of the Estates: It is not conve-nient for me to make advances upon that score now; but then on Costs due in Orange Superior Court & on the Cases in the Federal Court, besides other incidental charges, which I wish you to defray & discharge in the first place out of the property as to re -imburse yourselves thruout. -
I am Gentlemen your obet svt
Milton Rose
P.S. From the monies due to C. G. Rose as mentioned in his Declaration of Trust is to be deducted the work of Dove the Blacksmith for 1822, which my brother & son inform me is about two hundred Dollars - They have the books & [Cloths?] & will account for them, in that settlement with C. G. Rose for his incumbrance -
Milton Rose
Instructions From M M Rose to Murphey & Ruffin Trustees
Hillsborough Jan 17th 1822
Dr Sir
I am requested by William Oldham of Chatham County to state to you that John King] has bound him Orange superior court on a charge of perjury - He wishes you to consider yourself employed in his case as you have been his counsel heretofore -
yours Respectfully J S Smith
Tho: Ruffin Esqr
Dr. J. S. Smith Oldham ad state Janu 7 1822
Hillsbro 10 Jw 17
Thomas Ruffin Esqr Raleigh No Ca