Copying Book: Secretary's Letters, 1860 (page 067)

67

Boston, Oct.^r 30, 1862

Mrs. James Burbank,
New Orleans, La.

Dear Madam, Mr James Hall, of
Boston, informs me that you wish to sell the lot
in Mount Auburn Cemetery - No 2660 - belonging to the
estate of your late husband, and that you have forwarded
him written authority for that purpose.

I suppose you were not aware that the lots in
our Cemetery are declared by the Charter of the Corporation
to the real estate; and as such they descend, upon the death
of the proprietor, to his heirs at law - that is the children.
A widow has dower or third of the husband's real estate for life.
but we never regard the dower in a lot in the Cemetery.

The case then is, as I understand, that your children are
all minors, and cannot convey any real estate by which they
will be bound when they come to their majority; and you
cannot convey it for them.-

The only course then that can be pursued is to
apply to the Probate Court in the County where the estate is
situated for the appointment of a guardian to the children:
and that guardian must be an inhabitant of Mass-
achusetts. He then applies to the Court for leave to
sell the estate, which leave being granted, he can
convey the lot by a deed that will be valid and
forever bind their heirs. Unless this course is pu-
sued, it will not be easy to find a purchaser.