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Updated: May 2, 2025
Major Winthrop was absent with the army on the northern frontier, but made no objection to the probating of the will at a special court in New London in 1689. This probating Major Palmes, a former friend of Andros, declared void, since Andros had ruled that all wills should be probated at Boston. Upon special application of Mrs.
The Little Brass God is finally sold to a pawn-broker, who in turn disposes of it to a trapper known to belong in the Hudson Bay district." "That's a fair statement," answered Tommy. "Now, Mr. Horton, attorney for the man who is in quest of the lost will, and Sigsbee, the man interested in probating the previous will, both know of the final disposition of the Little Brass God.
Were the courts to be closed on the ground that no legal business could be done without stamped papers? Or were they to go on trying cases, enforcing the 'collection of debts, and probating wills precisely as if no Stamp Act had ever been heard of? The Boston superior court was being adjourned continuously, for a fortnight at a time, through the influence of Messrs.
"Why, what happened?" Miller bent eagerly forward. "I only asked him to postpone probating Spencer's will," began Whitney, laying down his cigar. Miller's eyes opened. "Did he agree to it?" "No refused curtly." Whitney's eyes flashed. "And the manner of his refusal rankles," he confessed. "Your request was somewhat singular," commented Miller slowly. "Nothing singular about it," retorted Whitney.
True, he urged that the American bishop should have ecclesiastical powers only, and that those ecclesiastico-civil in character, such as the probating of wills, granting of marriage licenses, and the presentation of livings, should remain in the hands of the colonial governors.
He repeated the word with a kind of groan. "They are probating the will for six," she went on, not noticing his agitation, "but I'm sure the lawyers are making it as low as they can for the taxes. And it's the most splendid kind of property rows of houses in the heart of New York and big Broadway shops and skyscrapers! Frank, do you realise I own two office buildings twenty stories high?"
For several centuries the Church had maintained its own courts for trying clerical offenders and for hearing certain cases, which nowadays are heard in state courts probating of wills, the marriage relations, blasphemy, etc. From these local church courts, the pope insisted that appeals might be taken to the Roman Curia.
Only in probating an estate left by the demise of both parents in the presence of minor children does this legal matter of precise age become noticeable. Even then, the control exerted over the minor by the legal guardian diminishes by some obscure mathematical proportion that approaches zero as the minor approaches the legal age of maturity.
Both Judge Bigelow and Squire Floyd were discreet men, and did not, at the outset of their executorship, do more in the way of giving publicity to the fact, than probating the will, and entering into bonds for the faithful performance of the trust. For the present they decided to let Mrs. Montgomery remain in occupancy of the old mansion, and she accepted this concession in her favor.
The probating of the will, making arrangement for the sale of Fernborough Hall, and providing for the payment of the proceeds and annual income to Quincy Jr. caused a long delay, for English law moves but little faster than it did when Jarndyce brought suit against Jarndyce. Quincy Jr. and Tom were thrown on their own resources during the long wait.
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