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Arthur, T. S. (Timothy Shay), 1809-1885

"The Allen House"

"
"I am ready to hear any thing you have to say, Judge, and shall be
very happy if I can aid, in any thing, the satisfactory adjustment
of these matters." My answer, I thought, appeared to give him
confidence, and he said--
"Without doubt you can aid, Doctor. The position in which Squire
Floyd and myself find ourselves placed, is one of some
embarrassment. In making investments of the property which came into
our hands, we had reference, of course, to its security and
productiveness; at the same time looking to a period, still some
years in advance, when our trust would cease, and the property pass
in due course to the heir-at-law. To realize on these investments
now, would be to damage the interests of others; and I cannot feel
that it would be right for you to urge this. The discovery of a new
will, bearing a later date, is a thing wholly unexpected. We had no
warning to prepare for the summary action growing out of its
appearance, and, as I have just intimated, cannot proceed without
injury to others."
"I do not believe," said Mr. Dewey, "that the court, if the case was
fairly stated, would require this speedy settlement of the trust.


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