Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-06-01
From the Richmond Compiler, May 3D.
MIR. JEEEERSON'S OPINION.

From the Richmond Compiler May %
MIR. JEFFERsON'S OPINION.
A case was decided by The Court OF Appeals
in the month Of May last, he case OF Davis u.s.
Rowe) which turned upon our famous Law OF
Desrents. The law was originally passed in
the year 1885, and was in;ended 10 drett The
course Of Descents" AS some of our readers in
the other Saes may wish to see the law upon
this subject, which appears to DC Penned by
Mr. Jefferson, we shall lay the LIST section be-
fore them The Legislator seems to have SUI.
died The course Of nature in making his Provi-
sions-that is 10 say, he has tried &c distribute
the real estate, where there was no will, in such
way as most persons would be impe'd by
their own natural feelings 10 dispose of their
property And thus the law iriss to make that
very will for man, which he might have
made for himself. The first section Of The law
is as follows:
BE it enacted by the General Assembly, That hence.
FORTH when any person having title to any real estate OF
inheritance, shall die nestate as to such estate sai
descend and pass pareenay o,hs kindred, male and
female, in the following course, that is to say.
10 his Children their descendants, if any there be:
If there be children, nor their descendants, then
to his father:
If there be no father then to his mother, brothers
there be:
If there be no mother, nor brother, sister, nor
their descendants, then the inheritance shall be dvd'
ed into two moetes. one Of Which shall go 10 me pdier-
nal the other to the maternal Kindred IN the following
course, that is to say:
First, to the grandfather;
If there be grandfather. then TO the grandmother,
uncles and aunts the sidc and their descend
ants, or such of them there b.;
IF there be no grandmother, uncle nor aunt nor
their descendants then to the great grandfahers or
great grandfather, if there be but one;
IF there be great grandfather then to the great
grandmot,ers. CREST grH's'no'her IT there be Tut
one and the brothers and sisters Of the grandahes
them rs there be;
And SO on in other cases, without end; passing to
the nearest neal male ancestors, and for the want OF
them, TO the neal female ancestors, in the same de-
gree, and the descendants ut such male and female
ancestors, or to such of them as there be.
We will not pursue the distrihu ion further,
as it Is laid down in The stature-,hinkiug it
only necessary o odd, that by another dc, the
rights Of The UidoU are taken csre of-that is
| to say, 'Where any person shall die intes,ale
as 10 his goods and chartels, or any par, there,
Of, after funeral ebs and JUS expenses paid,
i there be no child, one mo'ety, or if there be child
or ,hiid en-, one third of The surplus sh.Il e" 10
Tie ,Uife'- hen follow other regulations about
With these explanations, we submit the fol-
lowing extract from the case before the Court
OF A 2pcals, 10 which we have already alluded.
The Judges gave their opinions se'iatinn; and
from Judge Carr's we extract the following in
,eres,ing Paragraph about Mr.. jeff rson:
"Anothcr piece of evidence has lately come to my
knowledge, which, tending tn shew the understand
ing of the revisors, has strengthened and confirmed
the opinion had already formed; and which think
is not improper to state. Having some FAINT recollec
ton that in conversation with Mr. Jefferson formerly,
he had mentioned that he drew he law of descents
thought there might be something among his papers
casting light on its origin. therefore wrote to
gentleman who has access to his papers, requesting
him to send me extract of any thing he might find
on that subject. l received from him the following
passage. taken from memoir of himself written by
Mr. Jefferson, and which understand will probably be
published during the present year. may, therefore,
presume, appeal to it matter Of history 1t will
be recolected that of the committee Of five appointed
TO make the revision, Mr.. Jefferson, Mr. Wythe and Mr..
Pe1diston, were the only rithhers who acted though
the whole plan was settled before the death of Mr. L
or resignation of Mr Mason The memoir says
The other two gentlemen and myself divided the
work among us. The com.Son law and the statutes to
4th James LIST (when separate Legislature was es
tablished) was assigned The British statutes
from that period to the present day to Mr. Wytbe, and
the Virginia laws to MIR. Pendeton. AS the law ct de-
scents and the criminal law fc# of course within my
portion. wished the committee to settle the leading
principles Of these as guido for me in framing temi
and with respect to the FIRST proposed to abolish the
law OF prmogenture and to make real estate descend
bic parcenary to the next Of kin. personal proper
81 is By the statute of distribution Mr. Pendleton wish
ed to preserve the right OF prmogenture. but seeing
at once that that could not prevail he proposed we
should adopt the Hebrew PtShciple and give double
portion to the eldest observed, that if the eld
est could eat twice much do double work, it
might be natural evidence of his right to double
portion; but being par IN his powers and wants.
with his brothers and sisters he should be par at
80 in the partition Of the pstmony. and such WIS the
decision of the other members ] leave this eYract
to speak for ITSELF and viii only further remark this
point, that have doubt that act taken with
the changes stately from the statute Of distribution and
the civil law"
II is stated that previous to his leaving
Nashville Governor Houston equ ppfd himsrf