Sherwood Forest
July 10. 1850

My Dear Sir:
I wrote you from Norfolk
and a duplicate in substance from the
Js. River Steam Boat on the 5 & 6 last two short notes
accompanied by duplicate checks on
the Virginia Bank at Norfolk for
$1125 66/100 each. It was my intention
to have purchased cash drafts but
on reaching Williamsburg I was in-
capable of all exertion by reason of
a sharp attack of sickness which de-
nied me the power of locomotion
for two days. I had therefore to em-
ploy the offices of Tazewell and deemed
it best to simplify the proceeding as
much as possible. Yesterday and
the day before I was quite sick, but
the free use of medicine has partially
restored me to day so far so that I have
looked into everything on the farm
and experience only a little weariness.
The wheat crop is in many places des-
troyed by the [yeast?]. My own escapes
with only a limited injury. The  corn
is promising and good seasons will

cause a good yield on land that would
not five years since have repaid the
culture. But every thing depends upon
the seasons during this and the next
month. Thus is it that the Farmer is
brought in constant reliance upon the
Deity. Without rain and sunshine all
his efforts would be vain. He may truly esclaim "Apollus
may plant and Paul may water, but
God alone can give the encrease". I leave
it to Julia to give an account of our
visit to the University. My address
was delivered to a broken down and
stand up audience. And feeling for them
as well as myself I read it rapidly,
and hurried, by more ways than one,
to the conclusion. It is in the course
of publication. We were most cordially
received and agreeably entertained. She
will supply minutia. The day
after tomorrow (Thursday) Alice
will be married. At least it is so 
designed. Her intended is a man of
excellent character and fine talents.
If he tries he will attain an elevated
position in the ministry. After all
probably talents and character showed

be preferd to mere wealth. Altho' in this
age of tinsel the last bears greatly the
envy. 
And now as to Mr. Breckman's affairs
concerning which you wrote me.
The law touching his property is clear.
He was a citizen of New York and did
not mean to surrender his residence
in that state. He was a mere sojourner
in California, and designed soon to return.
If in this I am not mistaken, then the
lex loci of New York governs his personal
property (money goods & etc) no
matter where they were. So that the rights 
of Margaret and little Henry are settled 
by that law. The rule plainly being, that
wherever a man's permanent residence
is considered as being, the lex loci em
braces the whole of his [personally?]
wherever it may be found. The rule
as to real estate is different. Lands always
follow the act of Descents of the
country where located. The law of
New York would then govern the first, 
the law of California the last. Whether
the legislature of California has passed a
statute of Descents, I know not. If

not, then I presume the property will descend
under the Mexican law when it does not conflict
with the Constitution of the U. States. I am
quite as ignorant of your law of Descents
as of that of Mexico. Altho' I presume
that your law and that of Virginia
are much alike. Under our law here,
Margaret would take 1/3 of the personalty
in fee simple and 1/3 of the
lands for life. This last may however
be controlled by the terms of agreement
between Mr. B. and his partners. If their
stipulations, were for sales, and directions
actually given, then it might "be, under
the principle which always prevails in
the case of a will" "that lands directed
to be turned into money are taken as
money, as money directed to be in
vested in land is to be regarded as
land." In any aspect it is certainly
important that there should be a qualified
guardian for the little boy. It may
also be proper to take out letters of
administration on the Estate, in the
City of New York. I have attempted

to give you a fair escposition of the land
of this case. It will be a source of
increased regret if the mother should be
deprived of so large a share in any property
he many have left, by his untimely
and accidental death. I hope
however that all will work for the
best and that both mother and son
may be well provided for.
With constant regard and
affections

Yrs. J. Tyler

I send a letter from Mellville. I have answered
by referring to you.

A. Gardiner Esq.

[?] New York
July 10

J. Tyler
Alexander Gardiner Esq.
Clerk U. S. C. Court
Saratoga Springs
N. Y.