Collected Works of Abraham Lincoln. Volume 3.
Lincoln, Abraham, 1809-1865.

Opinion Concerning the Will of John Franklin [1]

December 30, 1858

In the case of the Will of John Franklin, sr. two points of difficulty have arisen.

One is that eighty acres of land is bequeathed to Nelson N. Franklin, upon condition that he pay in one year after the decease of the Testator, eight dollars per acre. It turns out that forty acres of the land had previously been deeded to Nelson. I think he is entitled to have the forty acres not previously deeded, on paying eight dollars per acre for it, without paying anything for the forty previously deeded.

The next difficulty is, that certain lands are bequeathed to the widow during her life, and the same lands, and one hundred & ten acres additional, are bequeathed to Wesley P. Franklin, at the widows death, he paying the other heirs eight dollars per acre. At what time does he get the one hundred and ten acres? I think he is to have it at once, upon paying the eight dollars per acre for it.

There is also a question outside of the Will, which is that some of the minor children have, while living with the Testator, their father, and by his consent and permission, accumulated some personal property, as their own. The question is, do these children keepPage  348 their respective parts of this property, independent of the estate, or does it fall back into the estate? I think they are to keep it independent of the estate.

I see nothing upon which I think the Will can be broken.

Bloomington Dec. 30. 1858. A. LINCOLN---

Annotation

[1]   ADS-F, ISLA.