June 11, 1783 - Edmund Randolph's legal opinion of the division of the estate of Mr. Thomas.
CWF Rockefeller Library, Special Collections - SCMS 1931.4

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Mrs. Thomas is intitled to one half of the land, which
her husband omitted out of his will. For the word estate
comprehends not only every species of property, but also the
highest degree of interest. She will therefore hold that
half in fee simple.

A division cannot be so effectually
made a[m]ong the different legatees, as by an application
to the high court of chancery. Infants being concerned they may
by their decree. The executors will, however,
communicate in their answers the debts, which may come
against the estate, and the court will thereupon refuse
the legacies to the different legatees, unless they shall
give security for the forthcoming thereof, in order to
discharge just claims.

I am informed, that Mr. Thomas pur-
chased in the time of paper money a negro fellow, which he
intended for the use of the public, but for which he gave
his own note. If Mr Thomas has never taken a credit
with the country for this slave, then I conceive, that he
will belong to the estate. But if he has taken such cre-
dit, or indeed the public had money in his hands at
the time of the purchase to the full amount, I think
that the property is in the commonwealth.

Edm: Randolph
June 11 1783

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Ed Randolph
Advice
Letter