Paris, August 11, 1787.
Dear Doctor,—Your letter of January the 9th, 1787, came safely to hand in the month of June last. Unluckily you forgot to sign it, and your handwriting is so Protean, that one cannot be sure it is yours. To increase the causes of incertitude, it was dated Pen-park, a name which I only know, as the seat of John Harmer. The hand-writing, too, being somewhat in his style, made me ascribe it hastily to him, indorse it with his name, and let it lie in my bundle to be answered at leisure. That moment of leisure arriving, I set down to answer it to John Harmer, and now, for the first time, discover marks of its being yours, and particularly those expressions of friendship to myself and family, which you have ever been so good as to entertain, and which are to me among the most precious possessions. I wish my sense of this, and my desires of seeing you rich and happy, may not prevent my seeing any difficulty in the case you state of George Harmer's wills; which as you state them, are thus:
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 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.
Dear Sir,—Mr. Ammonett sent me your favor of May 7, which you expected he would have brought. He furnished me with the name of the family to whose property he supposes himself entitled, and the name of the town where it lies. I have endeavored to have them searched out, but as yet neither family nor town is discovered. If they can be found, the estate will then be to be searched for; the laws for limitation of actions will form the next opposition to him, and probably the laws of forfeiture against the Protestants, who were the subject of the revocation of the edict of Nantes, which laws have never been repealed, nor probably ever will be, even should the future condition of Protestants here be mitigated. I shall proceed in the enquiry for him, and let him know the result.