Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 2Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 2
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
You say the learned are divided on these wills. Yet I see no cause of
division, as it requires little learning to decide, that ‘the first
deed and last will must always prevail.’ I am afraid, therefore, the
difficulty may arise on the want of words of inheritance in the devise
to you: for you state it as a devise to ‘George Gilmer’ (without adding
‘and to his heirs’) of ‘all the _estate_ called Marrowbone,’ ‘the
_tract_ called Horse-pasture,’ and ‘the tract called Poison-field.’ If
the question is on this point, and you have copied the words of the will
exactly, I suppose you take an estate in fee simple in Marrowbone, and
for life only in Horse-pasture and Poison-field; the want of words of
inheritance in the two last cases, being supplied as to the first, by
the word ‘estate,’ which has been repeatedly decided to be descriptive
of the quantum of interest devised, as well as of its locality. I am in
hopes, however, you have not copied the words exactly, that there are
words of inheritance to all the devises, as the testator certainly
knew their necessity, and that the conflict only will be between the
different wills, in which case, I see nothing which can be opposed to
the last. I shall be very happy to eat at Pen-park some of the good
mutton and beef of Marrowbone, Horse-pasture, and Poison-field, with
yourself and Mrs. Gilmer, and my good old neighbors. I am as happy no
where else, and in no other society, and all my wishes end, where I hope
my days will end, at Monticello. Too many scenes of happiness mingle
themselves with all the recollections of my native woods and fields, to
suffer them to be supplanted in my affection by any other. I consider
myself here as a traveller only, and not a resident. My commission
expires next spring, and if not renewed, I shall of course return then.
If renewed, I shall remain here some time longer. How much, I cannot
say; yet my wishes shorten the period. Among the strongest inducements,
will be that of your society and Mrs. Gilmer’s, which I am glad to find
brought more within reach, by your return to Pen-park. My daughters are
importunate to return also. Patsy enjoys good health, and is growing
to my stature. Maria arrived here about a month ago, after a favorable
voyage, and in perfect health. My own health has been as good as ever,
after the first year’s probation. If you knew how agreeable to me are
the details of the small news of my neighborhood, your charity would
induce you to write frequently. Your letters lodged in the post-office
at Richmond (to be forwarded to New York) come with certainty. We are
doubtful yet, whether there will be war or not. Present me with warm
affection to Mrs. Gilmer, and be assured yourself of the unvarying
sentiments of esteem and attachment, with which I am, Dear Doctor, your
sincere friend and servant,
Th: Jefferson.
LETTER LXXXVI.--TO JOSEPH JONES, August 14, 1787
TO JOSEPH JONES.
Paris, August 14, 1787.
Dear Sir,
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