It will be impossible for me at this distance, and circumstanced as I am*, to give the smallest attention to the execution of her will; nor indeed is much required, if, as she directs, no security should be given or appraisement made of her estate; but that the same should be allotted to the Devisees with as little trouble and delay as may be. How far this is legal, I know not. Mr. Mercer can, and I have no doubt would, readily advise you if asked, which I wish you to do. If the ceremony of inventorying, appraising, &c. can be dispensed with, all the rest, (as the will declares, that few or no debts are owing) can be done with very little trouble. Every person may in that case immediately receive what is specifically devised. The Negroes who are engaged in the crop and under an Overseer must remain I conceive on the Plantation until the crop is finished (which ought to be as soon as possible) after which the horses, stock of all sorts, and every species of property not disposed of by the will, (the debts, if any, being first paid) must by law be equally divided into five parts, one of which you, another my Brother Charles, and a third myself, are entitled to; the other two thirds fall to the share of the children of our deceased Brothers Samuel and John.
Were it not, that the specific legacies, which are given to me by the Will are meant, and ought to be considered and received as mementos of parental affection, in the last solemn act of life, I should not be desirous of receiving or removing them; but in this point of view I set a value on them much beyond their intrinsic worth.
Whilst it occurs to me, it is necessary it should be known that there is a fellow belonging to that estate now at my house, who never stayed elsewhere, for which reason, and because he has a family I should be glad to keep him. He must I should conceive be far short in value of the fifth of the other negroes which will be to be divided, but I shall be content to take him as my proportion of them; and, if from a misconception either of the number or the value of these negroes it should be found that he is of greater value than falls to my lot I shall readily allow the difference, in order that the fellow may be gratified, as he never would consent to go from me.