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Robert Treat Paine Papers, Volume 2

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From James Warren

8 August 1766

From Robert Auchmuty

18 August 1766
From James Otis, Jr.
Otis, James Jr. RTP
Augt. XIV. Anno Libertatis Primo 1 Brother Pain,

I have considered the Case you Stated in your last2 & as to the first Question viz. what Estate had Isaac the Son. I am of opinion he had only an Estate for life & consequently my answer to the second viz. Had he a fee by payment of Legacies must be in the Negative. The Rule of payments giving fee is by Implication which cannot Controul or rise agt. an express limitation. To your Third I am of opinion that the failure of the Continancys destroys the Remainders and that of the Reversion of his whole Real Estate. The Divisor died Intestate and of Course it descends to his heirs by the Province laws. But I think it by no means safe for Smith to yeild but to the Judgt. of law. I shall not be at your Infr. Court probably may at the Superior & Shall be ever ready to yeild him any assistance & you any Service in my power. I am your friend & humble Servt.

J OTIS

RC ; addressed: "For Robert Treat Paine Esqr."; endorsed "James Otis Esqr. Aug. 14, 1766."

1.

The first year of liberty, i.e. following the repeal of the Stamp Act.

2.

Not located.