The times. [volume] (Richmond, Va.) 1890-1903, 1892-11-20

m
yenoration paid TO the immortal name o.
yyashinnton" And, Washington. himseif
GA the f,Ilness Of his matchlees fan1e' saiu
"All that I am. owe TO my mother'
pv deed made on the 18Th day OF
AprIl 1883, and duly recorded IN th'
clerks office OF the corporation court 0,
Fredericksburg. Brodis 3. Herndon anc
his wife granted and conveyed 10 ,soiss
w shepherd all their right ana tue to
che Iot of ground numbered (29) twenty
1--WE ON the map OF the Kenmore estate
| containing one Gcre. che rood and SIX pores
~ land. and which includes within its
limits the family buryins- aground ano
monument; but II Is expressly stpulaleu
and agreed, that the said family puryins-
ground and monument are not inciudeo
in this grant, but excluded therefrom; ana
is the same lot or parcel OF lana as con-
viewed by deed by William *. Gordon 10
Rrodie S. Herndon, Jr.. in deed OF the 18th
day of May, 1881. and recorded in the
clerks Office Of the corporation court OF
Fredericksburg, Va, on that date
| Which said deed Of May IL, 1871, from
William X. Gordon to his son -in-law.
| Brodie s. Herndon. grants unto the SAID
Herndon the lot of ground numbered 20
| on the map OF the Kenmore estate con-
| tanning one acre, one rood and SIX poles OF
land. and which includes within its limits
|
ment But II is expressly stipulated and
agreed. that the said family burying-
ground and the said monument are not
! TO be included in this grant, but excluded
| therefrom."
The testimony In the record shows, that
! the deed from Herndon and wife to George
/ w. Shepherd was in Shepherds hand
writing, copied by him from the deed OF
| Gordon to Herndon; and that the said
! George W. Shepherd, defendant, never
| claimed more than was conveyed TO him
by the said deed, and never claimed TO
own the monument or the grave Of Mary
WASHINGTON: and that he used the words
with the Mary Washington monument
and large marble shaft thereon" as
merely descriptive Of the lot of land. That
there was and is, on the lot No. 70 afore-
said, no monument except the Mary WASH
ington monument, which is located within
two feet Of the brick wall of the Gordon
family burying- ground; that the option
contract signed by the defendant and
dated February o. 1889, referred only 10
the property he bought from DR.. Hern-
domino more, no less-and that property
was universally known and designated as
the MARY Washington mOnuiaCn mt lot;
that the option was given by the defend
ant TO the plaintiffs at their request, with
out any consideration therefor, only TO
furnish description TO swell their cata-
logue, which they said they intended to
publish as real estate agents; but which.
in fact, they never did issue or publish;
and which. their subsequent conduct
shows, was device and false pretence,
TO procure from q. w. Shepherd a paper
given to them for one purpose, but which
they fraudulently perverted TO another
and different purpose, and have made
the foundation for suit for damages.
On the 9th day Of February, 1889, the
defendant, George w. Shepherd. a wealthy
citizen Of Fredericksburg of advanced age
and Of the highest standing in business
and society, approached the plaintiff
William II. KirtlCy, whom he only knew
by sight, On the street in Fredericksburg
and said TO him that, having been told that
he. Kirtley. had opened a real estate bust
ness in Fredericksburg. he thought that he
might help to find purchasers for some
lands belonging TO the Chancellor estate;
and that he also had some lots that he
would sell kirtley desired Shepherd to
show his said lots to him; and on that
day, February y, 1889, they visited the
Kenmore lots-one of which was known
and designated as the "Mary Washington
monument lot" Kirtley said that Colbert
end Kirtley were about 10 publish a cata-
logue of lands for sale in Fredericksburg
and vicinity and would like to swell il;
and asked Shepherd If he would agree 20
give an option on his said lots, and at
what price he would sell them. Shepherd
replied that he would let him know: and
that same day, after dinner, Kirtley called
at Shepherds office and Shepherd gave TO
him two written papers as follow:
"Prvate)
Fredericksburg. Va,
February q, 1889.
"Mr. Kirtey:
Il herewith hand you a memorar dunn OF
the price for the monument lot and adj
Joining lot, and will allow you II commits
sion on the monument lot of ten per cent
end allow you commission on The adj
joining lot of ten per cent. This property
can probably be marketed, by a syndicate.
at a much higher figure than 1 now ask,
ana II Congress makes the appropriation
Tor the monument the new owners could
dictate terms that would pay handsomely
Tor their investment
Very truly,
&c. w. SHEPHERD"
Fredericksburg,
February %, 1889.
viii sell the lot containing about two
acres of land with the Mary Washington
monument and large marble shaft thereof
Tor the sum of twenty-five hundred dol
lars VIII sell the lot adjoining the mon
=, ~'4' ~ Containing ABOUT ten acres, for
inc sum OF five thousand dollars. and
VIII give TO Messrs. j. ". Colbert and "
+. hlrtley siKty-day option on these two
pieces OF property at the price named.
20. W. SHEPHERD"
After receiving the aforesaid two ma
pers' kirtley went away with them: and
afterwards, during that same afternoon
he sent Shepherd the following letter.
% w. Noioert; VIM. +. Kirtley.
Colbert & Kirtley.
zeal Estate Agents and Auctioneers
fredericksburg Va, Feb. q. 1889
Mr.. q. w. Shepherds
Dear Sir,-There is one little error I'm
the papers you gave me this morning
when might have to be corrected here
after, so l have concluded TO call your
attention 10 IL now, and would like In |
nave 1t In proper shape before north
bound mail this SAT p. NJ. Please call
at my place of business as soon as Won
get this, or let me know what time to
meet you at your place. Yours truly.
VIM. T. KIRTLEY.
N. B.-Should you call and / am ont.
please leave word with Mr. Colbert what
Tune can see you. w. L. X.
On the same afternoon Of February q,
1889, Mr.. Kirtley brought TO the place
OF business OF Mr.. Shepherd and handed
to him the written paper in MIR. Kirt-
ley's handwriting, down to the words and
hgures February 2S 1889, inclusive, as
follows:
agree TO give Messrs. j. w. Colbert
and William f. Kirtley a sixty 600 day
option on the lot containing about two