27 Apr. 1805

Evidence

Ch.1. Ends

'.3. Procedure branches

Particular Ends.

3. Besides the horse, Testator bequeathed to you a certain share - a fourth part - of the value of his effects not specifically disposed of as the horse was disposed of, directing the aggregate mass of such effects to be sold for the purpose, and the produce so divided. Here comes the mass of services due by Fiduciarius to various persons, yourself being one. On the part of Fiduciarius no reluctance as to the rendering to any one of the persons having right, the services which are his due. But intermixed with the articles which beyond doubt formed so many component parts of the estate of Testator, are some in relation to which Fiduciarius entertains various doubts: - whether they really belonged or not to the estate - which is the properest[?] time for the offering them to sale - which the properest mode. On these several points, It is desirous, partly for the sake of prudential advice partly for the sake of legal authority and security, to have the benefit of a decision from the Judge. In this we see a case in which a like service a service of collation is due to you from the Judge not as before in default of Fiduciarius, but with his consent and his voluntary /not involuntary/ concurrence, though at the instance of some one else.