CONTEE v. DAWSON.— 2 BLAND. 257

bears date on the 15th of September, 1817, and from another writ-
ten by William Dawson to James Clerklee, on the 9th of July,
1818, was written some time about the close of the year 1817. In
this letter, without date, after explaining her motives for having
the legacy transferred to and invested in this country, she says,
" I therefore, with my daughters Ann, who is of age, Eleanor,
Caroline and Elizabeth, who are of an age capable of judging
what is for their advantage, all having an interest in this legacy,
unite, by their signatures, in this iny request, as does Mr. Clerk-
lee, in behalf of our two youngest children; and we therefore
sincerely hope you will no longer delay complying with our re-
quest."

What were the exact ages of Eleanor, Caroline ami Elizabeth
when they signed this letter does not appear; but it is stated in
the bill, and admitted by the answer of Elizabeth, that she was,
on the 15th of November, 1824, when the bill was filed, then a

* minor; and consequently, Elizabeth could not then have
attained the sixteenth year of her age. Hence, when Mar-273
garet Russell Clerklee said, that "Eleanor, Caroline and Elizabeth
were of an age capable of judging what was for their advantage,"
she could have had no reference to the legal age of sixteen, when the
law gives to a female a capacity to receive her estate; 1715, ch.
39, s. 15; since altered by 1829,' ch. 216, s. 5, and 1831, ch. 305, s.
5; or indeed to any thing more than her opinion of the then natural
capacity of her children. It is proved, that Margaret Russell
Clerklee, and James Clerkiee signed this letter; but there is no
proof of the other signatures.
After the receipt of this letter, the trustee William Dawson, in

a. letter, dated on the 9th of July, 1818, and addressed to James
Clerklee, the husband and parent of these legatees, says, " I have
much pleasure in stating to you, Mr. J. Clerk has consented to the
legacy being transferred to this country; and further, what proba-
bly you have not much idea of, that by the advance in price in the
funds, and some interest, since the death of Major Clerk, the
amount paid to my bankers is £2,406 14s. 2d. sterling." This
surviving trustee Dawson, thus distinctly states, that he had
sold the public stocks of Great Britain in which this legacy of
£1,500 had been invested; and the sum which he had received
for it.

It is stated and admitted, that James Clerklee and his wife
Margaret Russell Clerklee are both dead; and it is admitted, that
at the time of her death she left six children; Ann Eussell Con tee,
the wife of Philip A. L. Contee, Eleanor Contee, the wife of
Edmund H. Contee, Caroline Ashton Hawkins, the wife of Josias
Hawking, Elizabeth Clerklee, now of full age, and Margaret Clerk-
lee, and Sarah Emily Clerklee, who are as yet unmarried infants.

17 2 B.