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Lincoln, Abraham (1809-1865) to Onslow Peters

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Gilder Lehrman Collection #: GLC01236 Author/Creator: Lincoln, Abraham (1809-1865) Place Written: Springfield, Illinois Type: Autograph letter signed Date: 25 June 1852 Pagination: 2 p. 26 x 19 cm Order a Copy

Discusses a case concerning the sale and purchase of land held in trust for a minor. The Tazewell lands were purchased by the guardian of a minor named Shurtluff, using the proceeds from the sale of the original land held in trust for him. The Tazewell lands were then placed in trust until Shurtluff came of age and appropriated them. Written by Lincoln on blue paper as Peters' lawyer. Docketed by recipient.

Basler, Roy P. The Collected Works Of Abraham Lincoln. (New Brunswick, NJ: Rutgers University Press, 1953), Vol. II 1848 - 1858,
p. 120-121

Springfield, June 25. 1852
Onslow Peters, Esq.
Dear Sir
Yours of the 23rd is just received. I can not recollect John W. Gere by name, but if [inserted above: it is] the case I had in hand once, Gere has no legal claim or title papers, but on speculation had made an arrangement with one of the Shurtluffs, to show expenses & profits in an attempt to get the land under Shurtluff's claim. At my own expense I went to Jacksonville once, and investigated the claim, & decided it to be valueless. The case was this-While Shurtluff was a minor, his father entered the land in the minors name; then wishing to change residence, as guardian of the minor, applied to the Morgan Circuit court (in which county the land lies) for an order to sell the land and to invest the proceeds in other lands for the minor. Judge Lockwood was Judge of the Circuit Court then; & he conducted the case with great caution. He allowed the sale of land, (which had in fact been previously negociated) to be confirmed only after taking proof that it had been sold for its full value, and the proceeds, or rather, an equal amount of money, already invested in other lands, in the minors name, in Tazewell county-deeds executed & recorded, for the Tazewell lands, & evidence of it brought into [2] the Morgan court, before the decree confirming the sale of the Waverly land was allowed to pass. The quantity of the Tazewell land was greater (as I remember) than that of the Waverly land-the former 3.80s. the other 160. I believe there were two minors instead of one, but this does not change the [struck: principal] principle. One died under circumstances that made the other sole heir. After the survivor came of age he took & appropriated the Tazewell land.
Yours as ever
A Lincoln
[recipient's docket:]
A. Lincoln
June 25 / 52

Lincoln, Abraham, 1809-1865

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