Washington might not even be the most agonizing part of this; Laurens seems thrilled both that Hamilton was innocent and that Hamilton is apparently getting married, and Lafayette, behind Washington's back, keeps making absurd eyebrow-waggling movements and mouthing I knew it, which he absolutely did not.
Hamilton joins them quickly, and takes Burr's hand, taking him aside for just a moment. He offers him the freshly drafted document.
"It has no contractual consideration, from you," Hamilton admits, with a bit of a flush, "and so, it may not be enforceable, but it should at least give you an action for promissory estoppel." He steps away, with a squeeze of Burr's hand, immediately throwing himself on the dagger of Washington's attention. "Your Excellency, perhaps we should speak about my continuing to provide supplies to the town. I had a thought that you may find meets with your approval."
He pulls Washington's attention away, as they begin to walk, leaving Burr time enough to read and consider.
The document is a formally written promise. It states that the heirs of Aaron Burr's body will be treated as the heirs of Alexander Hamilton's body, into perpetuity, with equal rights to support, maintenance, and inheritance as Hamilton's own future progeny. Hamilton is right that the document would be difficult to enforce in court, because, on the face of it, Burr is not giving anything in exchange for this grant of rights; however, this does mean that if they married, and Burr predeceased Hamilton for whatever reason, causing all of Burr's estate to go to his husband, Burr's child would be entitled to equal inheritance with the rest of Hamilton's children. It also would allow Burr to at least try to bring a claim of support against Hamilton should he find himself in need, even if they don't marry. Promissory estoppel would give him a chance to succeed.
It's the most sincere private declaration Hamilton can currently think to make. This is not for the court, not for the press. It is for Burr and the child, alone.
no subject
Hamilton joins them quickly, and takes Burr's hand, taking him aside for just a moment. He offers him the freshly drafted document.
"It has no contractual consideration, from you," Hamilton admits, with a bit of a flush, "and so, it may not be enforceable, but it should at least give you an action for promissory estoppel." He steps away, with a squeeze of Burr's hand, immediately throwing himself on the dagger of Washington's attention. "Your Excellency, perhaps we should speak about my continuing to provide supplies to the town. I had a thought that you may find meets with your approval."
He pulls Washington's attention away, as they begin to walk, leaving Burr time enough to read and consider.
The document is a formally written promise. It states that the heirs of Aaron Burr's body will be treated as the heirs of Alexander Hamilton's body, into perpetuity, with equal rights to support, maintenance, and inheritance as Hamilton's own future progeny. Hamilton is right that the document would be difficult to enforce in court, because, on the face of it, Burr is not giving anything in exchange for this grant of rights; however, this does mean that if they married, and Burr predeceased Hamilton for whatever reason, causing all of Burr's estate to go to his husband, Burr's child would be entitled to equal inheritance with the rest of Hamilton's children. It also would allow Burr to at least try to bring a claim of support against Hamilton should he find himself in need, even if they don't marry. Promissory estoppel would give him a chance to succeed.
It's the most sincere private declaration Hamilton can currently think to make. This is not for the court, not for the press. It is for Burr and the child, alone.