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 handwriting, 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.