[8]
When Pasio had
died, after making this will, Phormio, the defendant, took his widow to wife in
accordance with the terms of the will and undertook the guardianship of his
son.1 Inasmuch, however, as the plaintiff was rapacious, and
seemed to think it right that he should spend large sums out of the fund which
was as yet undivided, the guardians, calculating in their own minds that, if it
should be necessary under the terms of the will to deduct from the undivided
fund, share for share, an equivalent of what the plaintiff spent, and then
distribute the remainder, there would be nothing left to distribute, determined
in the interest of the boy to divide the property.
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