: Mr. Hogarth's Will by Spence Catherine Helen - Australia Fiction; Inheritance and succession Fiction; Sisters Fiction; Scotland Fiction

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The Will

In a large and handsomely-furnished room of a somewhat old-fashioned house, situated in a rural district in the south of Scotland, was assembled, one day in the early summer of 185-, a small group in deep mourning.

Mr. Hogarth, of Cross Hall, had been taken suddenly ill a few days previously, and had never recovered consciousness so far as to be able to speak, though he had apparently known those who were about him, and especially the two orphan nieces whom he had brought up as his daughters. He had no other near relations whom any one knew of, and had never been known to regret that the name of Hogarth, of Cross Hall, was likely to become extinct. He had the reputation of being the most eccentric man in the country, and was thought to be the most inconsistent.

With the highest opinion possible of women, and the greatest pleasure in their society, he had never married; and with the greatest affection for his nieces, and the greatest theoretical confidence in them, he had hedged them about with countless laws and restrictions, and had educated them in a way quite different from the training of young ladies of their rank and prospects. He had succeeded two childless elder brothers in the possession of the estate; and Jane and Alice Melville were the only children of his only sister, who had been dead for fifteen years.

The funeral had just taken place, and the two girls had been summoned into the drawing-room to hear the will read by Mr. MacFarlane, the Edinburgh lawyer, who had drawn it out. They found in the room Mr. Baird, their uncle's medical attendant, and a stranger whom they had never seen before--a tall, grave-looking man of about thirty-four, whose mourning was new, and who showed a deep interest in what was going on.

Both the man of law and the man of medicine looked nervous and embarrassed, and delayed proceeding to business as long as they possibly could; fumbling with knots of red tape; opening the closed curtains to admit a little more light, and then closing them again, as if the light was too strong; so that the sisters had time to look at the stranger, and to wonder who he was and what his business could be there. He also seemed to be taking notes of the young ladies in a quiet, timid manner.

"As I have come to the conclusion that the minds of men and women are radically the same, and as I believe that if the latter are trained in the same way as the former they will be equally capable of making their own way in the world, I have acted upon this principle in the education of my two beloved nieces, Jane and Alice Melville, the only surviving children of my sister Mary Hogarth; and as I foresee that if I were to leave them wealthy heiresses my purpose would be completely thwarted, by Jane losing her independent character, and Alice sinking into a confirmed invalid, and by both being to a dead certainty picked up by needy spendthrifts, who will waste their fortunes and break their hearts, as their father, George Melville, served my poor foolish sister, I hereby convey and dispose all my property, whatsoever and wheresoever, heritable and moveable, to Francis Ormistown, otherwise Hogarth, at present head clerk in the Bank of Scotland, who is my son by a private irregular marriage contracted with Elizabeth Ormistown, on the ninth day of July, 18--, and who is my heir-at-law, though he would find it difficult to prove his claim, as he knows nothing of the relation between us, and as the only party besides myself cognizant of the marriage dares not come forward to prove it, but whose progress I have watched with interest, who has made an honourable position for himself, without any assistance from me beyond a good education, who has served faithfully, and who is likely to rule uprightly, who has raised himself from nameless poverty, and whom, therefore, I judge to be worthy of wealth and honour: Provided always, that he shall pay to Jane and Alice Melville, my beloved nieces aforesaid, the sum of twelve pounds a year each, in quarterly payments in advance, for three years following my decease, when such payments shall cease, as by that time I believe they will be independent in circumstances: Provided also that he shall give to the said Jane and Alice Melville, the furniture and personal effects belonging to them, as mentioned more particularly in the schedule marked A, appended to this instrument; and that he shall give to the said Jane and Alice Melville no further assistance either in money or in money's worth, directly or indirectly, whatsoever: Also providing that the said Francis Ormistown, otherwise Hogarth, shall not marry either of his cousins; the marriage of such near relations being mischievous and improper.

"In case of any of these provisions being disregarded by the said Francis Ormistown, otherwise Hogarth, all my heritable and moveable property shall be divided among certain benevolent institutions, in the order and manner set forth in the schedule marked with the letter B.

"All these provisions I have made, as being the best for my surviving relatives; and I believe they will eventually acknowledge them to be such."

"Was Mr. Hogarth in his senses when he made this will?"

"A little excited, but indisputably in full possession of his senses, strange as the will appears," said Mr. MacFarlane, the lawyer; "and Mr. Baird will corroborate my opinion."

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