Problems Settling Mr. Cudworth's Account
Document 1798Cudworth not a citizen of the state of New York, probate judge must be appealed to for settlement. Unanticipated costs.
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West Point April 26th 1795
Sir.
Since the date of my letter of the 22d I have applied at the office of probate for this Count[undecipherable] for letters of Administration on the effects of [undecipherable]er Cudworth, but I find that as the Laws of the State of New York is established on that subject further delay & expense will attend the business, than I had anticipated. Mr. Cudworth not being a citizen of the State the application must be made to the Judge of Probate in New York. A citation to the next of kin to appear & show cause why the administration should not be granted to the applicant must be, in this case, published in the Gazettes at least four weeks prior to granting the same. Bonds must also be given with two approved sureties for the faithful discharge of the duties of Administrator. The object to obtained by all this circuity, & consequent expense, appears to me not to be of sufficient magnitude to require or justify my undertaking it. especially as I am personally, not in the least interested in the business. having in view only the benefit of Mr. Cudworth's creditors in wishing to obtain for him as large a proportion of their several demands, as possible.
Should I obtain the arrears due at your office, I shall hold myself responsible to the father of Lt. Cudworth, for the faithful application of it, as I now do with respect to effects already in my possession. Should I not obtain it, I shall immediately pay out what I have collected & render him an account of the business.
I am, with due respect,
Sir,
your very Obedient Servt
[undecipherable: probable reading B.] Hale
Lt. of Artilld & Eng.
William Simmons Esq.
[William Simmons Esqr.
Accountant of the War Department
Philadelphia]
Type
Autograph Letter Signed
Description
Cudworth not a citizen of the state of New York, probate judge must be appealed to for settlement. Unanticipated costs.
Date
04/28/1798
Author
Recipient
Sent from
West Point
Document number
1797042870001
Page start
1
Notable persons
William Simmons
David Hale
Cudworth
Notable locations
Philadelphia
West Point
New York
Notable items
account

