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A man learned in the law was brought to the Hill, and Hester Le Moyne, in due form, by her last will and testament devised the plantation to her beloved son Hesden Le Moyne, and her affectionate cousin Hetty Lomax, jointly, and to their heirs forever, on condition that the said devisees should intermarry with each other within one year from the death of the devisor; and in case either of the said devisees should refuse to intermarry with the other, then the part of such devisee was to go to the other, who should thereafter hold the fee in severalty, free of all claim from the other.
We should be inclined to think the devisor entertained a singular predilection for the Old Cross, then in the pride of youth. But if we unfold this whimsical clause, we shall find it contains a shrewd intention. The choice was limited within one hundred yards, because the town itself, in his day, did not in some directions extend farther.
A circumstance that reflects as well upon the devisor, as upon the commander, or the engineer of the army, is not generally known to the American people. The redoubt of cotton bales, has ever been attributed to the judgment, skill, quick perception, and superior tact of Major General Andrew Jackson; than whom, a braver heart, never beat in the breast of man. But this is a mistake.
A devisor may clearly devise or limit the possession of chattels, making them inalienable by devisees in succession. But in such cases they will become the absolute possession of the first person seized in tail, even though an infant, and in case of death without will, would go to the Exors. Such arrangement, therefore, can only hold good for lives in existence and for 21 years afterwards.
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