David M. Randolph (ca. 1759–1830) to Thomas Eston Randolph
My dear Sir, | Fighting Creek 25th August 1815 |
This communication flowing from a full recollection of departed excellence, woud not now be addressed to you particularly, were it not from a belief of our respected brother-in-law T. M. R.s being absent from your neighborhood. The object of it, you will readily perceive to be deeply interesting to a Lady, equally intitled to the inheritanc of her fathers Estates, as she possesses his virtues—
Presumptuous as it certainly is, for me to hazard Law-opinions, yet am I induced to differ in my construction of the enclosed will of the Honourable John Blair deceased.
From the sober exercise of my simple preceptions, my convictions are, that Mrs Andrews, the surviving daughter, is intitled to the Life-Estate in the Albemarle Lands, and every thing appertaining1 thereto at the decree of the Testator, conjointly: and, from the decree of Mr Henderson, Mrs Andrews is equally intitled to the enjoyment of the whole of the said Estate, to her death—And if (since Thomas, the Son of Jane had never any defined rights) the rule of Law, is such as to bar Thomas; it would seem that the Husband of Jane and father of Thomas, can legally inherit nothing! For, as Mr Henderson now demands a division of the Albemarle Estate: since Mrs Andrews may produce heirs, to share “[. . .]per. Capita” how can a division be called for under the provisions of the will, until the decease of Mrs Andrews? Hence, I have grounded my opinion: and, from a serious consideration of the several items in the will, I am persuaded that your goodness, either seperately, or in union with T. M. R. will not only parden me in taking upon me to hope, that you will obtain from Mr Jefferson his deliberate opinion; and a cheerful declaration of it to the Lady in question.
If, upon this occasion, you shoud see any possible cause to decline a ready compliance with my serious request, you will ascribe my motives to that degree of regard to justice and friendship with which I am faithfully yours
P.S.
It is material to have an early reply: direct to “Mrs Andrews, Powhatan Ct House”