Secondly, that there
is a provision in it relating to the marriage of Mr. George Bartram in
a given time. Thirdly, that the time (six months from the date of your
husband's death) expired on the third of this month. Fourthly, that Mr.
George Bartram (as I have found out by inquiry, in the absence of any
positive information on the subject possessed by yourself) is, at the
present moment, a single man. The conclusion naturally follows, that the
object contemplated by the Trust, in this case, is an object that has
failed.
"If no other provisions have been inserted in the document--or if, being
inserted, those other provisions should be discovered to have failed
also--I believe it to be impossible (especially if evidence can be found
that the admiral himself considered the Trust binding on him) for the
executors to deal with your husband's fortune as legally forming part of
Admiral Bartram's estate. The legacy is expressly declared to have been
left to him, on the understanding that he applies it to certain stated
objects--and those objects have failed. What is to be done with the
money? It was not left to the admiral himself, on the testator's own
showing; and the purposes for which it _was_ left have not been, and
cannot be, carried out.
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