Muir Beyer?, Louisville, Kentucky, to Bishop William McCloskey, Louisville, Kentucky, 1871

They have examined the will of Father Benjamin Spalding and the power of attorney from Archbishop Spalding. The will contains the single devise, which they quote. They deduce: 1. The Archbishop is invested with legal title to all the estate. 2. He hold this title as trustee. 3. He is required to spend all the estate for the object. 4. To hold the estate and spend only the income would not be spending the whole estate. 5. The discretion must be expended within a reasonable time, which would be two years. If the Archbishop delay further, the chancellor, upon application of McCloskey, will decree the execution of the trust, as it is McCloskey's right and perhaps duty to insist on the expending of the estate. 6. According to the power of attorney given by Spalding to Bax, Dent, and Coleman, the trust never will be expended, which would defeat the will. The objects should be understood as within the diocese. This should be done before the Archbishop dies, lest an appeal to the chancellor be unavoidable. In McCloskey's hand :: II-5-e Copy of A.L.S. 4pp. 12mo. 15