The Writings of Thomas Jefferson, Vol. 2 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 2 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
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 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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