University of Virginia Library

The Trustees of the Austin Estate held for a number
of years a mortgage from the heirs of Elizabeth C. Blackbird.
A year ago last December the mortgage was paid off and we
executed a discharge of the same.

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It now appears that Mrs. Blackbird originally
placed two mortgages, one in 1866 for something over $400.,
and one on another piece of property in 1869 for something
over $800. These two mortgages were subsequently assigned
to Arthur W. Austin in 1875. The following year, namely,
1876, Mr. Austin accepted from Mrs. Blackbird a new mortgage
for $1500. That is the mortgage which we discharged
only in December 1920. It seems apparent from all of the
facts that at the time that Mr. Austin took the mortgage
in 1876 he intended to discharge the two mortgages then
existing, which he had taken by assignment, but the discharge
was never attended to or at any rate never recorded. This
situation has only just come to light in connection with Mr.
Blackbird's effort to place a new mortgage upon the property.
I have looked into the matter carefully and am convinced that
the Austin Estate and you as residuary legatee had no
interest which could be enforced under either of the first
two mortgages and that, in fact, they must have been paid,
which the present Mr. Blackbird assures me he knows is a
fact. Accordingly Mr. Howard Stockton, Jr., as Administrator
d. b. n, with the will annexed, of Arthur W. Austin, and I, as
one of the Trustees under Mr. Austin's will, have today executed
a discharge of the mortgages in question.

I should have preferred to advise you in advance before
doing this, but the delay would have been a very great
inconvenience to Mr. Blackbird. The situation seems so
clear, I proceeded in the matter, but wish to advise you
of the fact.