John Jay Papers
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From John Jay to Peter Augustus Jay, 10 February 1811

To Peter Augustus Jay

Bedford 10th. Feby 1811

Dear Peter

Your Brother who is the Bearer of this, will deliver to you the original Book in which were entered as they occurred, the Expenditures for Aug[ustu]s., and also (in other parts of the same Book) those which were made for Mrs. Munro and her Son. He will also deliver to You the Accounts in question, of which there are Duplicates— one for your use in the Settlemt. and the other for S[i]r. Jam[e]s. with these accounts are also sent such of the Vouchers as I have found— on each of these you will find it convenient to make a Mark or number, and a corresponding one in the margin of your Copy of the Acct. opposite to the article to which it relates.

In the Book you will find two or three acknowledgmts. of the accuracy of the Acct. preceding each of them, under the Hand of Augs. and also several original Re[ceip]ts. for the more important payments—

I think the Course should be, to shew the Accounts in the Book to Sr. Jams, and with him to compare his Copy of the Acct. with the original in the book, that he may be satisfied of their Correspondence: but do not permit him to take the book with him out of your presence, nor to inspect those other Accts. in it, with which he has no Concern.—1

You will recollect that in my Letter ^of 7 Novr^ to Judge Benson2 I stated “the Course which I thought it right for me to pursue” in relation to the Settlemt.; and mentioned that I should charge myself with the Interest on the Principal vizt of £175.3.4 ¾ to the Day of the Death of Augustus, and which Interest amounts to £150.6.5 ½— I was not then apprized that the Expenditures had before his Death far exceeded the Interest both of the Trust and of his own Money— It appears from the Accts, that ^a Sum equal to^ the whole of the Trust Income calculated down to the Time of his Death, was applied to his use some years before he died; and the Expenditures of the succeeding Years were made not only from the Interest but also from the Principal of his money. It is evident therefore that for such parts of the Principal as were paid to his use, I ought not to be Thereafter charged with Interest. Sr. Jams. may or may not consent to correct this mistake— if he should not, it would be prudent to submit the Question to Judge Benson, and hear his Opinion.—

I must now correct an omission of my own, which I have recently discovered. I have recd. three Sums for Aug[ustu]s, besides those mentioned in my statemt. — vizt. £17.12.6 for his 7th. of Rents for the Coenties Lot £ 17.17.8 for his 7th. of a Paymt. by adm[inistrato]r.— of Eva Van Cortlandt and £8.8.8 ½ for his 7th. of a further payt. by the said admr.

These Sums are not entered in the Book acct. between Augs. & me and therefore in making the Statemt. they escaped me — indeed, I do not know that they have occurred to my Recollection since I recd. them, until I was accidentally & lately reminded of them by observing analagous Entries in another Acct.—

How it happened that I did not enter them, I cannot at this distance of Time explain with certainty, but I can do it by assigning what I believe was the Reason— The Sums were too little to be worth the Trouble of putting at Interest— I never expected to have any acct. to settle with Augs. or his Exe[cuto]r— I knew that I ought & meant to apply to his use as much of his money as would make him comfortable while he lived, and that at his Death I should have (by his will) whatever might be left.

These three Sums must be paid to Sr. Jams. on the Conclusion of the Settlemt.— When it is considered how I was circumstanced in Relation to Aug[ustu]s. and the many Years during which both he and his affairs partook Freely of my Time and attention — and the very frequent occasions when, (there being no Cash of his in Hand) he had the use of my money, I believe it will not be expected that I should pay Interest for them— If it should be demanded and insisted upon, it will be proper for me to charge for my Time and Trouble in managing the affairs of Augs.—

If a final Settlemt. should be accomplished, it will thereupon be proper, and before paying him the Ballance, to observe to Sr. Jams.— that circumstanced as I supposed myself to be with Respect to Augs. in Consequence of his Will; I had constantly been in the Habit and Practice of advancing for his use my own money, without writing either to receive the Interest or the Principal of his. whence it happened that I permitted the money loaned to Mrs. Morton and Dr. Rodgers to remain unpaid until July last, when they chose to pay it.— He ought therefore in Justice, to certify by an Indorsement on the Mortgage, that I having recd. the full amount of the Principal and Interest due thereon and in the Bond mentioned in it, and having accounted to him for all the Monies of Augustus Jay which had come to my Hands, he consents that this mortgage and the Record thereof be cancelled

I had set down Yesterday to write to you, & put the papers in order to be transmitted; but Company came in, and I was obliged to postpone it—

I have noted on each Copy of the Accts. the three Sums omitted, and referred to this Letter for explanatory Information— Wm. expects to set out in the Morning— I therefore write in more Haste than is convenient — take care of this Letter— I have not time to make a Copy of it— Our Love to Mary I am Dr Peter Your affte. Father

John Jay

Peter Augustus Jay Esqr.

ALS, NNC (EJ: 11411). Endorsed.

1For more on JJ’s accounts with his brother James, see PAJ to JJ, 3 Mar. 1809, above.

2JJ to Egbert Benson, 7 Nov. [1810], not found, but referenced in JJ to PAJ, 8 Nov. 1810, ALS, NNC (EJ: 11415).

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