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0853

Galveston, Jany 4 1867.

Gen J B. Kiddoo
Asst Comm'r of Freedmen &c

Dear Sir, 
The letter of James. P. Butler, agent of the Bureau at Brownsville, referred to me for my opinion in relation to the rights of a certain colored woman and her children under an alleged non-cupotive will of A. J. Milsted the reputed father of said children is not sufficiently full in a statement of the facts to enable me to give an intelligent and satisfactory opinion in the case at this time, Some additional information is required in order to a clear comprehension of the legal rights of the parties in the premises upon the following points 1st inquire of your correspondent whether the alleged testamentary words were spoken in the presence of three credible witnesses, and whether any one of them were called upon by the testator to take notice that such was his desire, or words of like import.  2d Whether the substance of what the testator declared was reduced to writing within six days after the alleged declarations were made 3d Whether after the surrender of this Department and the military proclamation of freedom therein Milsted continued to live with the colored woman as his