Mount Auburn Cemetery

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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 Massachusetts. 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 pusued, it will not be easy to find a purchaser.

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Indeed, I doubt whether any one could be found who would take sale title.

Advising with Mr Hall we have both come to the conclusion that it will save time to send you the necessary papers to be executed there and returned by the first mail and leave will be obtained, doubtless, at the first can't that sits after the section of the same to him. If there should ever be occasion to appoint a guardian in New Orleans, (I understand there is none now) the proceeds can be passed over to him. Until then it will be the duty of the person appointed to hold the funds and use them for the benefit of you and your family according to his best discretion, anything to protect the portions, a sell is his dower for third of inheritance and not investments regard the dower in a lot in the Cemetery approval. The case has it, as I understand, ^of the children if it is correct now inall minor, are heard, and fill out the date of birth, as directed at the upon - day, month, & year. We did not know exactly how many of the children are over 14. Those over 14 can and should nominate their own guardian. You perceive a blank for that purpose below Mr Hall's signature. Write in the names of those above 14 after the words- "Personally appeared the above named", and have them acknowledge to same before a magistrate. Sign your own name at the bottom and that paper is complete.

Turn to the bottom of 2^d page of paper, no 2, and sign your name there and the work is done, Return the documents to Mr Hall or me, as he shall direct.

Very respy. your A.J. Coolidge Sec.y Mt.A.

In page no. 2, I will write in the names of the children after its return to me. I shall be able to write them correctly from your giving of them correctly from page 1.

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Indeed, I doubt whether any one could be found who would take said title.

Advising with Mr Hall, we have both come to the conclusion that it will save time to send you the necessary papers to be executed there and returned by the first mail, and leave will be obtained, doubtless, at the first court that sits after the return of the same to him.- If there should ever be occasion to appoint a guardian in New Orleans, (I understand there is none now,) the proceeds can be passed over to him. Until then it will be the duty of the person appointed to hold the funds, and use them for the benefit of you and your family according to his best discretion, as you perceive the petition to sell is for the purpose of maintenance and not investment. If this course meets your approval, please insert the correct name ^^{of the children} (if not correct now) in the paper marked 1, and fill out the dates of birth, as directed at the top - day, month, & year. We did not know exactly how many of the children are over 14. Those over 14, can and must nominate their own guardian. You perceive a blank for that purpose below Mr Hall's signature. Write in the names of those above 14, after the words - "Personally appeared the above-named", and have them acknowledge the same before a magistrate. Sign your own name at the bottom, and that paper is complete.

Turn to the bottom of 2^d page of paper, no 2, and sign your name there, and the work is done. Return the documents to Mr Hall or me, as he shall direct.

Very respy. yours

A.J. Coolidge Sec.y Mt. Auburn

In paper no. 2, I will write in the names of the children after its return to me. I shall be able to write them correctly, from your giving them correctly in paper no 1.

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MT. AUBURN CEMETERY. Location of Graves in Lots.

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