Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2 eBook

This eBook from the Gutenberg Project consists of approximately 770 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2.

Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2 eBook

This eBook from the Gutenberg Project consists of approximately 770 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2.

1.  A will, dated December the 26th, 1779, written in his own hand, and devising to his brother the estates he had received from him.

2.  Another will, dated June the 25th, 1782, written also in his own hand, devising his estate to trustees, to be conveyed to such of his relations, I. H., I. L., or H. L., as should become capable of acquiring property, or, on failure of that, to be sold, and the money remitted them.

3.  A third will, dated September the 12th, 1786, devising all his estate at Marrowbone, and his tracts at Horse-pasture and Poison-field to you; which will is admitted to record, and of course has been duly executed.

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

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