The Writings of Thomas Jefferson: Library Edition - Vol. 6 (of 20)Jefferson, Thomas
History
The Writings of Thomas Jefferson: Library Edition - Vol. 6 (of 20)
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1789
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 nowhere 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.
TO COLONEL T. M. RANDOLPH.
PARIS, August 11, 1787.
Public-domain text, read in full here on John Shaqi.
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