let
it lie in my bundle to be answered at leisure. That moment of leisure
arriving, I sat 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
mu
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