My brother, Carl van Beethoven, died on November 5, 1815, leaving a boy twelve years old,--his son Carl. In his will, by clause 5, he bequeathed to me the guardianship of the boy, and in the codicil B he expressed a wish that his widow, Johanna, should have a share in this duty, adding that, for the sake of his child, he recommended her to submit to my guidance. This explicit declaration of the father, added to my legal claim, I being the nearest relative (clause 198), entitles me clearly to the guardianship of my nephew, Carl van Beethoven; and the Court of Justice, by their Decree E, committed to me, under existing circumstances, the guardianship, to the exclusion moreover of Beethoven's widow. A journey on business having compelled me to be for some time absent, I did not object to an official guardian supplying my place for the time, which was effected by the nomination of the Town Sequestrator, Herr Nussböck.
Being now, however, finally settled here, and the welfare of the boy very precious to me, both love and duty demand that I should resume my rights; especially as this talented lad is coming to an age when greater care and expense must be bestowed on his education, on which his whole future prospects depend. This duty ought not to be confided to any woman, far less to his mother, who possesses neither the will nor the power to adopt those measures indispensable to a manly and suitable education.
I am the more anxious to reclaim my guardianship of Carl, as I understand that, in consequence of want of means to defray the expenses of the school where I placed him, he is to be removed, and his mother wishes him to live with her, in order herself to spend his trifling provision, and thus save the one half of her pension, which, according to the decree, she is bound to apply to his use.
I have hitherto taken a paternal charge of my nephew, and I intend to do the same in future at my own expense, being resolved that the hopes of his deceased father, and the expectations I have formed for this clever boy, shall be fulfilled by his becoming an able man and a good citizen.
With this view I accordingly request that the highly respected magistrates whom I now address will be pleased to annul the Town Sequestrator Nussböck's interim office, and forthwith transfer to me the sole guardianship of my nephew Carl van Beethoven.[2]
LUDWIG VAN BEETHOVEN.
[Footnote 1: Evidently drawn up by his advocate, Dr. Bach, from Beethoven's notes.]
[Footnote 2: The magisterial decree of Nov. 4, 1819, was adverse to Beethoven.]
282.
TO F. RIES,--LONDON.
Vienna, Nov. 10, 1819.