I, Thomas Jefferson, of Monticello, in Albemarle, being of
sound mind and in my ordinary state of health, make my last will and testament
in manner and form as follows:
I give to my grandson Francis Eppes, son of my dear deceased
daughter Mary Eppes, in fee simple, all that part of my lands at Poplar Forest
lying west of the following lines, to wit: beginning at Radford's upper corner,
near the double branches of Bear Creek and the public road, and running thence
in a straight line to the fork of my private road, near the barn; thence along
that private road, (as it was changed in 1817,) to its crossing of the main
branch of North Tomahawk Creek; and from that crossing, in a direct line over
the main ridge which divides the North and South Tomahawk, to the South
Tomahawk, at the confluence of two branches where the old road to the Waterlick
crossed it, and from that confluence up the northermost branch, (which separate
M'Daniels' and Perry's fields,) to its source; and thence by the shortest line
to my western boundary. And having, in a former correspondence with my deceased
son-in-law John W. Eppes, contemplated laying off for him, with remainder to my
grandson Francis, a certain portion in the southern part of my lands in Bedford
and Campbell, which I afterwards found to be generally more indifferent than I
had supposed, and therefore determined to change its location for the better;
now to remove all doubt, if any could arise on a purpose merely voluntary and
unexecuted, I hereby declare that what I have herein given to my said grandson
Francis, is instead of, and not additional to, what I had formerly
contemplated. I subject all my other property to the payment of my debts in the
first place. Considering the insolvent state of the affairs of my friend and son-in-law
Thomas Mann Randolph, and that what will remain of my property will be the only
resource against the want in which his family would otherwise be left, it must
be his wish, as it is my duty, to guard that resource against all liability for
his debts, engagements or purposes whatsoever, and to preclude the rights,
powers, and authorities over it, which might result to him by operation of law,
and which might, independently of his will, bring it within the power of his
creditors, I do hereby devise and bequeath all the residue of my property, real
and personal, in possession or in action, whether held in my own right, or in
that of my dear deceased wife, according to the powers vested in me by deed of
settlement for that purpose, to my grandson Thomas J. Randolph, and my friends
Nicholas P. Trist and Alexander Garrett, and their heirs, during the life of my
said son-in-law Thomas M. Randolph, to be held and administered by them, in
trust, for the sole and separate use and behoof of my dear daughter Martha
Randolph, and her heirs; and aware of the nice and difficult distinction of the
law in these cases, I will further explain by saying, that I understand and
intend the effect of these limitations to be, that the legal estate and actual
occupation shall be vested in my said trustees, and held by them in base fee,
determinable on the death of my said son-in-law, and the remainder during the
same time be vested in my said daughter and her heirs, and of course disposable
by her last will, and that at the death of my said son-in-law, the particular
estate of the trustees shall be determined, and the remainder, in legal estate,
possession, and use, become vested in my said daughter and her heirs, in
absolute property forever. In consequence of the variety and indescribableness
of the articles of property within the house at Monticello, and the difficulty
of inventorying and appraising them separately and specifically, and its
inutility, I dispense with having them inventoried and appraised; and it is my
will that my executors be not held to give any security for the administration
of my estate. I appoint my grandson Thomas Jefferson Randolph, my sole executor
during his life, and after his death, I constitute executors my friends
Nicholas P. Trist and Alexander Garrett, joining to them my daughter Martha
Randolph, after the death of my said son-in-law Thomas M. Randolph. Lastly, I
revoke all former wills by me heretofore made; and in witness that this is my
will, I have written the whole with my own hand on two pages, and have
subscribed my name to each of them this sixteenth day of March, one thousand
eight hundred and twenty-six.
SOURCE: Paul Leicester Ford, Editor, The Writings of Thomas Jefferson: 1816-1826, p. 392-4
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