McGill, John M. Bishop of Richmond, Richmond, Virginia, to Archbishop John Baptist Purcell, Cincinnati, Ohio, 1868 February 28

Dr. Fitzgibons, W.J. Doyle and McGill executors of the estate of James H. Behan formerly of Norfolk because of a probable suit for $10,000 will not be able to settle the estate, especially since some of the legatees are not easily accessibld. In the meantime, looking at the times, they have concluded to turn over $50,000 to the residuary legatees, that is Purcell and McGill, to be distributed by them to the legatees who have claim. The question is how they, Purcell and McGill, shall attend to the matter. 1. Does Purcell want a copy of the will? 2. The stock legatees can get only a portion of their legacies, 3. There will probably be trouble fixing the proportion. 4. While the testator revoked the legacies of those whose stock he sold he expressed the wish that the residuary logatees pay them pro rata. When the proportion will have been paid nothing will be left as residuum except some papers. No. 40 in the will, McGill quotes as appointing them residuary legatees. Had is not been for certain sales of Behan and the English executors, as well as impending troubles, there would have been a residuum as McGill explains in some detail. There are eighteen legatees mostly bishops interested in the decision and the $50,000. McGill includes a copy of the codicil made in New York Sept. 5, 1861 which provides for the action of the residuary trustees in regard to the legatees whose stock has been sold. :: II-5-d A.L.S.Except codicil 4pp. 12mo. 1pg. 8vo.