Page:Federal Reporter, 1st Series, Volume 4.djvu/691

 ETTING V. MARX'S BXBCUTOR, 6T7 �"I must here take occasion to say that we have heard, acci- dentally, that TJncle Frederick had been told (in some unfor- tunate discussion with a member of the family) that it was our intention to take legal steps against him in consequence of some of his investments. Such staiement was utterly with- out foundation. Mother's remark on hearing pf it was that there were but few of the family left, and she would never consent to such a course for 50 times the amount. I join niost entirely in the feeling, and I beg you will assure Uncle Frederick of this. However unfortunate the resulta bave been, no one of our family bas ever ascribed to him any action inconsistent with his near relationship, or his charac- ter as an honorable man ; nor has any remark been made in my presence but what might well be repeated in his. I regret it should be necessary for me to give such assurances ; but this is not the first time that an effort has been made to cre- ate differences in the family — always bad enough, but ten- fold "worse if arising from mere pecuniary considerations. Aside from any elaim of any kind, and with no intention of action in the matter, I still (to be perfectly frank with you) cannot feel justified in my own eyes in receipting for certificates of confederate stock. I do not want to embarrass your settlement in any way, or delay it, and we wUl see what can be done as soon as I bave more time." �In a letter of kinship dated July 3, 1869, Frank M. Etting wrote, among other things, to Edward Mayo as follows : " I transmit herewith a receipt, etc.; also return what I am not entitled to give a receipt for. The money so invested has gone, but I think ail can say, let it go." He alluded to the confederate-bonds. �John A. Coke and W. W. Henry, for complainants. �John S. Wise, for defendant. �Hughes, D. J. There is little to be considered in this case, except the liability of the estate of Frederick Marx for the Bcaled value of the confederate money, which, in 1864, or chiefly in that year, he invested in confederate bonds. No one disputes that these bonds were an illegal objeet of invest- ����