pending receipt of a final judicial determination as to
their ultimate ownership and the disposition to be made
thereof.
Since it is the opinion of the Executors that the
Roosevelt papers in their constructive possession were,
as a matter of law, given by President Roosevelt to the
United states Government during his lifetime, and that
the Surrogate'sCourt will so hold, the Executors have
looked upon these papers as belonging to the Government,
subject, of course, to the actual rendition of the
Surrogate's decision in the matter. These papers, however,
could not be treated as Government papers are normally
treated, and, therefore, the Executors had to take one of
two courses: the first course would have been to refuse
anyone the right to see any of the papers; and the second
course was that of treating these papers as if they belonged
to the Government and to work out some way that they would
be properly available to Government officials if needed.
Since the President of the United States is the Chief
Executive Officer of our Government, the executors decided
to act and to act only upon his request.
BASIL O'CONNOR
for the Executors
Dated: May 8, 1947
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