and wearying controversy which
resulted in protracted litigation and ended finally in an appeal to the
Privy Council. The reply to the above request indicates that the
Desrivieres family was not inclined to give up the property without a
struggle. Francis Desrivieres wrote, "I beg leave to mention that when
the demand for the property in question is made by the Corporation
referred to [The Royal Institution], I will determine how far a
compliance with that demand ought to take place on my part." The
executors forwarded this reply to the Attorney for the Royal Institution
with the comment "you will perceive that it is evasive." They further
stated their intention to proceed nevertheless with the conveyance,
"which, when completed, will be handed over to you; it will then rest
with your Corporation to pursue such measures as may be considered
proper on the occasion."
The necessary papers for the transfer of the estate, but not the
endowment fund,--from the executors of the will to the Royal Institution
were finally completed in May, 1820; on June 7th following, the
conveyance was effected and the Deed was recorded on August 3rd. It was
evident, however, to the executors that difficulties were in the way of
securing possession of the property. In a letter to the Rev. Dr.
Strachan, written on the 24th of May, 1820, the two remaining living
executors, John Richardson and James Reid, said: "We are sorry to say
that a general belief prevails, and we fear is too well founded, that
Mr. Desrivieres, the residuary legatee, means to contest this bequest of
his venerable benefactor. If that shall be really his intention, it will
speedily be known by a refusal after a formal demand is made by the
Corporation for the delivery of possession of the aforesaid grounds and
premises,--whereupon a suit will be instituted against him in the
October term." To this letter Dr. Strachan replied, "I should hope that
Mr. Desrivieres will have a greater respect for the memory of his
greatest benefactor than to contest a Legacy which goes to establish an
institution which he had so much at heart."
That the "general belief" and the fears above referred to were not
groundless was soon apparent. Formal application for the vacating and
the giving up of the estate was made by the trustees of the Royal
Institution. The application was curtly refused. Francis Desrivieres was
in possession of the estate and he determined to remain in such
possession unt
|