I have been for some time dreading Jerry's arrival and yet anxious to hear the reason of his Stay; I began to be really apprehensive that you or my sister were ill, not suspecting that a letter could be so long on its Journey from this to Westmoreland. Nancy & myself are very low spirited at the approaching seperation from our dear mother whose company has really made months but weeks in appearance. I have made every calculation most favourable to my own wishes on the Subject to authorise us in accompanying her. you may be assured that I abandon the pleasing project with infinite reluctance; I am even prevented from going part of the way with her on account of the commencement of the Chancery Court in a day or two and engagements of absolute necessity previous to the Term.

     I must therefore by satisfied. I look forward with much satisfaction to your removal & hers— It will be hard If I cannot then make you one visit each in a year at all events—a visit in truth, not meerly a call. I wish I could be with you all whilst engaged in the consideration of this subject as relating to my mother. I must commit to paper my ideas. I have informed my mother that I have every reason to apprehend that a tolerably adequate price in mony is not to be expected for Bushfield. that if any thing near its value can be obtained, it must be by exchanging it for other property. this I am willing to do but it will not suit her. even if I could get what Mauris would once have given my mothers part after paying Mrs Lee would only afford her an income of £35 a year— I have therefore made the following proposition to her which she seems to think an advantageous one as it most certainly is— instead of her recieving one third the amount of Sales, (which as it would be in Land or debt could not suit her present wants) I will pay Mr Lee for his property and pay my mother annually for Bushfield £50 besides— this is I suppose as much as the nett profits of that estate average, and of course the £300 to Mr Lee will be extra. my mother thinks this too much— But I am willing to give it in case I can get an exchange of Land on this side Rappahanock for Bushfield— I have desired her to consult you upon the Subject— if it be approved let me know immediately by Post as I shall enter into no engagements 'till I hear— my advertisement has been too long postponed, but it will appear in the next weeks paper.

     I have had no offers yet, since Mauris & Lewis, both of whom are off.

     Now for your Law questions about which You make as much fuss as if my opinion which is asked for were really conferring a favour on you, or as if the rendering you a service of that or any other Sort were not most pleasing & agreable to myself— I hope my dear brother will never deprive me of the Satisfaction I must always enjoy when I can be of use to him.

     The first question is, whether the Executor of Colo. Lee or the Admr. of Mrs Lee is to divide the Dower Negroes— I answer that the former without doubt is the proper person. But if all the parties interested could agree, to appoint persons to make the division it would be better. if not, and there is time I would advise an application to the Court to appoint Commissioners to perform this duty. the division may be made without, but it would I know be more pleasant to the Executors that third persons should act.

     Your second and third questions will be considered together, because my answer to them will be better understood. The two questions agree in this. that the wife's right to the Slaves was not actually vested in possession at the time of the dissolution of the Coverture they differ in this, that in the first the Husband survived the wife; in the second the wife survived the Husband.

     There has been & still is a great difference in opinion amongst the Lawyers respecting the real nature of negro property, and particularly as applying to the rights of Husbands— some suppose them to resemble choses in Action in which case they would go to the wife and not to the husbands representatives if he should die first without reducing them to possession & others of whom I am one think that this idea of their nature is entirely controuled by the words of the Act of Assembly and vest in the Husband absolutely all the rights of the wife whether in possession, reversion or remainder. the consequence of which would be that negroes not in actual possession would go to the representatives of the Husband tho' he died first— agreably to this opinion Mr Marshall & myself have brough a very important suit in the Court of Chancery which will try the question— I think the event a very doubtful one indeed— I am told that the Chancellor has once decided a similar case agt me, but we shall carry it before the Court of Appeals if he should and there it is most wonderfully a new Case— you will therefore discover that your third question is like many other points of Law doubtful & unsettled— the case I mention will probably decide it of which I will immediately give you notice.

     The second question is plain— it is agreed on all hands & has been so settled more than once in the Superior Courts, that if the Husband survives the right survives— of course Colo. Washington is clearly entitled to the part of the Dower Slaves which would have gone to his wife.

     I woud advise you most certainly to take Bonds from all the Legatees to refund in case of debts hereafter appearing— I have some doubt as to Mrs Lee not knowing what part of the Estate you have considered her as being entitled to under the Will— I should however suppose that it would be most proper for her administrator to give the Bond unless he has given up her estate— if he has, then from those having possession of it. I enclose you the form of a Bond—

     I recd your valuable present of fruit trees &c. for which I return you many thanks— we have prevailed upon my mother to stay today which gives me an opportunity of sending out to Mr Alexanders place for the pear cullings, but as that plantation is rented to a Stranger to me I am not sure I shall suceed— I have written to the Gentn on the subject— if I fail, I shall have a good many grafted for you & myself by a friend of mine who intends to go out in few days & get Cullings.

     If I can get any other Culling of good fruit trees I will send them.

     Since writing the above Daniel has returned from Mr Alexanders plantation— I find that I had unfortunately written in English to the Gentn who lives there & who is a frenchman— he writes me that he could only guess at my wants— however he guess'd well & has sent 3 sorts of Mr Alexanders finest pears— Their names I will learn when I see Mr Alexr & inform you— I shall have a good many grafted here in case you should wish more.

     Our best love to my Sister & children—& believe me to be my dearest brother Most sincerely & affectly Yr friend