i6o
THE GREEN BAG
life, without any care or trouble on her part, to look after the same. She shall, however, make known in writing from time to time to such trustees what she desires or needs for her comfort." And it is alleged elsewhere in said complaint : "That at the time of the death of the said Zebulon Keep and for many years thereafter the said Mary Ann Heep was sane and that while she was sane and in her right mind she accepted the provisions of said last will and testament and declined to take any interest in the estate of her former husband, the said Zebulon Heep, as she might have done under the laws of the State of , but elected to take wholly and in pursuance of the pro visions of said last will and testament." Whether or not the allegations above set forth are true this defendant has not and can not obtain sufficient knowledge and information upon which to base a belief. If the proof in this case should establish the truth of the said allegations last set forth herein, then and in that event, the said Mary Ann Heep widow of the deceased, having since become insane, this defendant the Attorney General, in his representative capacity begs leave to suggest to this Honor able Court that the Conservator of the said Mary Ann Heep, lunatic, be empowered and instructed to ascertain and make known in his answer filed herein and in writing to said trustees what amount of money will be necessary to supply the said Mary Ann Heep with the best medical attendance, the best nurses, and to supply all things necessary for her needs and comforts during her life. Further answering this defendant says that he has not and can not obtain sufficient knowledge and information concerning the facts alleged herein to say whether the sale of the real estate mentioned herein at the price and on the terms named therein would be for the best interests of the estate or not but in the event that the proofs on the trial satisfy the Court that the best interests of the estate demand that he authorize said sale, then and in that event the Attorney General in the interests of the State of , so that the said Mary Ann Heep shall not become a pensioner upon the bounty of the State and a burden to the State, and in the
interests of humanity, demands, that by order of Court the said trustees be required and commanded as the second clause of said will provides, ' before any money whatever shall be given to any of the purposes herein before specified ' to first, provide out of the moneys received from said sale for the health, comfort, support, and maintenance of the invalid widow, Mary Ann Heep, as hereto fore suggested, or in some other way as may seem equitable to the Court, and then and afterwards they be permitted to Assist the worthy poor — to raise the fallen — to help the helpless — to educate the savage heathen of foreign countries as missionaries — to dis tribute to the best living models of useful and pure lives gold medals engraved with the words " Blessed are the Pure in Heart, for they shall see God " — and keep a record of the church members of the African Methodist Church, so that it may be known how many will partake of the joys and par ticipate in the great re-union beyond the grave — and build churches and do such other things as will best, in their judgment carry out the wishes of the testator. This defendant, the Attorney General therefore alleges that by reason of the premises, the State is in no sense a necessary party, that the only interest the State has in this action is in Mary Ann Heep in " mak ing her life as comfortable as it possibly can be made with reference to her station and condition in life," and that the said con servator of said lunatic, is fully able under the direction of the court to protect her interests. Wherefore, having fully answered he prays to go hence without day and have and recover his costs herein expended. THOMAS S. HICKSON, Duly verified. Attorney General." It is needless to inform the reader that the Court held that the charities set forth were so impracticable and indefinable as to preclude the possibility of the State being able to aid in carrying them out and so granted the prayer of the Attorney General. GEO. D. TALBOT. DENVER, COL.
