Mr. Hogarth's Will

by Catherine Helen Spence

"Then, by a rigid interpretation of the will, you think the societies would be able to dispossess me, if I married Jane, and could not prove this story of Mrs. Peck's to be true."

"I think I know it pretty well by heart, but we had better turn to it," said Mr. MacFarlane, and he looked out the document he had himself drawn out, and read it aloud to Francis and Mr. Sinclair.

"Now you see that the great purpose and bent of Mr. Hogarth's will was to impoverish his nieces, to force them to act and work for themselves. Not merely marriage, but any other way of assisting them was forbidden. He certainly meant to enrich you, because he thought you deserved it, but in case of your not co-operating with him in his principal object, the property was to go away from you altogether. The Misses Melville have made their way in the world remarkably well—much better than I could have thought possible. I think he acted both cruelly and unjustly to them, but as they have so well conquered their difficulties, the matter had better be left as it is."

"Then," said Francis, "you think that even if I had satisfactory proof from my real mother to corroborate Elizabeth Ormistown's confession, and could make it incontestably plain that I am not related to Miss Melville, so that I do not, in marrying her, marry my cousin, it would be considered in law as invalidating my right to the property—that by doing so I am assisting Jane Melville, which was forbidden as clearly as the marriage."

"It is a very strong point. If I were the legal adviser of any one of these benevolent associations, I certainly would recommend them to contest it; at the same time, with the proof which you speak of, I would enjoy fighting it out with them. In a court of law the decision would be against you, under the most favourable circumstances; but if we took it to the Equity Courts I think your chance would be better, for there is a growing feeling there that it is not right for people to bequeath property clogged with vexatious restrictions. Yet, at the same time, all who think well of these five charitable institutions—and they are the very best-managed of the kind in Scotland—Mr. Hogarth showed judgment in his selection—will think taking the property from a man who had, according to his own showing, no right to it, for the sake of the poor and afflicted, really a good work. Public feeling will be against you where you are not personally known."

"God knows it is not for myself that I wish to keep Cross Hall, nor yet for Jane herself," said Francis. "But my life lies out before me so clearly that at no period have I had more to give up than now."

"If you had the evidence you wish for (which I see very little chance of your getting), and married Miss Melville, then, of course, the societies would come upon you. You have got possession, you might keep them at bay for years, and in the meantime you might have interest enough with your political friends to get something good in the way of a government appointment. We hear you well spoken of in the House as a man likely to distinguish himself."

"Not in the way of getting government appointments," said Francis—"quite in a contrary direction. But without the evidence, then, what would you advise?"

"To let the matter rest. Indeed, I think it is useless to disquiet yourself about discovering your real parents. These long-lost relations never amalgamate well. I have seen several instances of it, and they were very disappointing."

"Then," said Francis, "I suppose the only thing for me to do is to make out a deed of gift to each of these societies in the order in which Mr. Hogarth left the property to them. The personal estate I have certainly trenched upon a little, but all to the benefit of the heritable estate. Cross Hall is in better condition now than when I succeeded to it. If I have given away on the very easiest terms some of the worst land on the estate, I have improved the better, and I have spent a large sum in new cottages. I have lived within my means; even my election expenses were saved out of the current income."