Transcript of part of an affidavit from Thomas R. Love and Alfred Moss
to Judge John Scott of the Circuit Superior Court.
To the Hon^ble John Scott Judge of the Circuit Superior Court of Law
and Chancery of the County of Fairfax. Respectfully Complaining
Herewith unto your Honor, your Orators Thomas R. Love guardian of
Charles R. and Armistead T. Moss, and Alfred Moss guardian of Edgar
and John Thomas Moss, the three first infant Children of Thomas Moss
dec^d & the last named the infant son of Jno Moss dec^d son of Thomas
Moss--
That Thomas Moss died intestate on the ____ day of October, 1839,
leaving Seven Children and One grand Child in all his Heirs at
Law--viz. Anna R. Love the wife of your Orator Thomas R. Love, Robert
Moss, Alfred Moss, Thomas Moss & the four infant Children just
named--Edgar the Eldest of these infant Children will be 20 years old
in November of the present year. Charles R. will be 18 years old in
the month of March 1840, Armistead 16 in the month of December in the
present year and John Thomas Moss will ____ years old in the month of
____ 18__.
The real Estate of which Thomas Moss died seized in ____ was the tract
of land on which he resided at the time of his death situated on both
sides of the Little River Turnpike Road about Six miles from
Alexandria containing about 320 Acres. This tract of land is the only
real Estate to which the Heirs at Law of said Thomas Moss are entitled
in the said County of Fairfax or Elsewhere--This tract of land is
naturally a thin soil but from a careful course of husbandry for a
number of years, is now in a good state of cultivation, the fields
well enclosed by good and substantial fencing, the land not in
cultivation well taken with grass (clover and timothy) and that in
cultivation just sown down in winter grass, and the buildings in a
good state of repair, the barn and stables having been Erected in the
last two or three years--
Your orators have been advised by persons in the neighbourhood with
whom they have conversed, with the view of getting the best advice and
information on the subject that the tract of land would not now rent
for more than ____ per annum, which would give to each of the Heirs in
the shape of rent Twenty five or Thirty dollars annually--while on the
other hand owing as your Orators believe to the Convenient distance
thence to Alexandria, George Town and Washington and the improved
state of the farm in other respects, it would sell upon the usual
terms of Sales of land for Twenty five dollars per Acre and thus
afford an interest on the sale nearly double the annual rent--In
addition to the fact that the rent would greatly fall short of the
interest on the sale your orators have been advised that the property
in the hands of tenants would in the course of a few years be
excessively injured and lessened in value, the soil impoverished, the
buildings and fencing neglected and suffered to delapidate perhaps
destroyed.
It is obvious that the land cannot be advantageously divided among the
heirs Eight in number it would give about forty acres to each heir,
and this without regard to improvements--And the consideration deeply
affecting the interests of the infant is that this farm must be rented
out all the shares together manifestly--if therefore those now of age
and those that soon will be of age should sell their shares each share
thus sold off, will not only proportionally lessen in value the shares
of the other remaining unsold, but will place the younger children as
they come of age in the power and at the mercy of the person who shall
have purchased the other shares of the co-terminus neighbour. In the
End the consequence will be that the two or three younger children
will not only be forced to sell, being hemmed in on all sides, and not
able to add to their Inheritance but must sell at any price they are
offered. Your orators further state that besides the real Estate
before mentioned in which their wards have as interest One Eighth
each, after the payment of the debts of Thomas Moss deceased so far as
it is practicable to make an Estimate at this time, it is believed
that a surplus will be left for distribution of about fifteen or
sixteen thousand dollars, which will give to each child say two
thousand--
Viewing the present interest as well as the future interests of their
wards your orators are of the opinion from the facts hereinbefore
stated, that the interests of their wards manifestly require a sale of
the real Estate herein before mentioned and that the rights of others
will not be thereby violated. And to that end and in pursuance of the
Acts of the Gen'l Assembly in such cases made and provided, they pray
that said Anna R. Love late Anna R. Moss, Alfred Moss, Robert, Thomas
Edgar, Charles R., Armistead and John Thomas Moss be made parties
defendants to this bill--that the said Anna R. Love the wife of your
orator and Alfred Moss who would be two of the Heirs of either of said
infants if they are dead and that said Anna R. be permitted to answer
for herself as if feme sole. That the said Anna R. Love, Robert Moss,
Alfred Moss, Thomas Moss and all the other infants herein before
mentioned who are over fourteen years of age may be compelled to
answer this bill in proper person or oath--That a Guardian Ad Litem
may be appointed according to Law to defend and answer for those
infants as well those over fourteen years, as those under fourteen
years of age.--That your orators may have a Decree of the Ct
authorizing the sale of the said land in such manner and upon such
terms of credit as to your Honor may seem right--And your orators pray
for all other & further action by your Honor in the premises as may be
right & proper according to the Act of assembly made and provided in
such cases--May it please your honor &c.
(Certified by J. B. Hunter, a Justice of the Peace, 29 October 1839)