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 '34t.3)l 
 
 THE GOODHUE ESTATE BILL. 
 
 ■'.- * 
 
 STATEMEIS^T 
 
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 ITS TRUE OBJECT, 
 
 WITH 
 
 '^■' 
 
 ABSTEACT OF PROCEEDINGS. 
 
 CORRESPONDENCE, &c. 
 
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 ••• • ... . ;••:••• ...... 
 
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 '■i.,-^:./f';^V' ,. , ., TORONTO: 
 
 QLOBB PEINTIS'O COMPANY, 26 & 28 KING STEEET EAST. 
 
 .,._. ', . 1871. 
 
p34t>.3l 
 
 
 • •••••• 
 
 o .•• •• 
 
THE GOODHUE ESTATE BILL. 
 
 In order to remove erroneous impressions witii re- 
 spect to this Bill, which have resulted^from either im- 
 perfect knowledge, or Mr. Becher's one-sided statements 
 cu-culated broad-cast and echoed in all directions by his 
 friends, we have thought that, in justice to ourselves 
 and Mr. Goodhuo's family, we should publish a concise 
 synopsis of the principal questions connected with this 
 j)roceeding, 
 
 I. The mil lUdf. 
 
 This only sought the conlu'niation, by Act of the Legislature, of 
 •An Indenture executed by the Avidow and all tho children of Mr. 
 (xoodhue, by which, after making ample provision for Mrs. Good- 
 hue, and the other special legatees, the residue of the estate was 
 to be divided amongst the children, as soon as the same could be 
 allotted, without waiting for Mrs. Goodhue's decease. 
 
 By the terms of Mr. Goodhue's Will, this residue is divisible 
 amongst his children, but the period of distribution was postponed 
 till Mrs. Goodhue's death, so that what the family practically as- 
 sumed to do was to accomplish now by the Indenture (the confirma- 
 tion of which was sought by the Act) that which it is conceded those 
 very parties could do Avithout question immediately upon Mrs. 
 (ioodhue's death. 
 
 Her happiness and the welfare of her family rendered it al- 
 together desirable that the enjoyment by the children of their shares 
 .slioidd not be deferred. 
 
 Although, as will appear in the correspondence, the Trustees 
 
 57619 
 
at Olio tinie were anxious to co-oiicrati! in scouring tliis, by tlioir 
 refusal, as avcU as in con8C(juonco of tlio personal liability wrhich 
 might attach, this Act became necessary, and it sought a confirma- 
 tion of the Indenture, and made it conn»ulsory Jipon tlie Trustees 
 to carry out its provisions. 
 
 The question of the Will only arose iiwiidontiiUy, and the Act 
 does not ac:,ume to deal with the Will, or to alter or affect its pro- 
 visions as such. It only became necessary to refer to the Will, in 
 order to ascertain wherein the Indenture and it could fairly be said 
 to be in conflict, and the opponents of the IJill <;()uld only point 
 to one particular, viz : the Will provided that in case any of Mr. 
 Goodhue's children should die before their mother, the children of 
 the child so dying should bo entitled to their deceased parent's 
 share ; or in other words, such an accident or contingency happen- 
 ing, the grandchildren of the Testator should occtipy the position of 
 their parent ; the Testator's own children, and not his grandchil- 
 dren, being the primary objects of his bounty, and the grandchil- 
 dren only boconiing entitled by M'ay of substitution for their pa- 
 rents. 
 
 The opponents of the liill then in olfect reipiirod that it should 
 first be aseertaiiied whether any of the diildrcn should pre-deceaso 
 Mrs. Goodhue ; if not, no grandchild -would have any interest, and 
 then the children could deal with their shares as they pleased. Tho 
 bare possibility of a child so dying, was a sufficient reason with the 
 opponents to defer indefinitely, and for the advantage of strangers, 
 (the Trustees) the enjoyment by !Mr. Goodhue's family of any share 
 in his large estate. 
 
 It seems not unreasonable, that Aveighiiig these considerations, 
 the Legislature should, in the exercise of its proper functions, have 
 given effect to the latter, and not to the former view. 
 
 A misconception Avould appear to have been purposely created, 
 that this Bill either made a new Will for tho Testator, by giving 
 effect to declarations of a contrary character, or altered its provi- 
 sions, or destroyed limitations under which the Testator intended his 
 estate to devolve upon his grandchildren, passing over his children, 
 or giving them only a limited interest ; and also further, that certain 
 sums settled by tho Testator were the benefits he intended for his 
 

 children, while the contrary in in truth tlic case. By the settlomeiiti 
 only a life interest is reserved to the Testator's children, and the 
 corpm or principal is to go to the grand-children; while under the 
 WiU, OS mentioned, the children share equally in the resiiluo, subject 
 to Mrs. Croodhue's life annuity. 
 
 This statement of our position shows that the aid sought from 
 the Legislature was not in conflict with the Will, but was one of 
 those remedial measun^s which Avas consistent with, and not in 
 contravention of any proper principles of Legislation, and for 
 whicli, moreover, there were many precedents in the Parliament of 
 the late Provinee of Canada. 
 
 IT. Procecdiiif/tf in siippoii of Bill. j 
 
 Besides tlie W\\\ and the Indenture, we offered only the 
 opinions of Counsel, one of these having been given to the oppo- 
 sing Trustee, Mr. Decher, himself. 
 
 In answer Mr. Becher endeavoured to introduce his own evi- 
 dence to prove what the Testator intended by his Will, and this wo 
 objected to, and the Committee properly rejected it. 
 
 ;Mr. Cameron's opinion, at ccpnmnd before f/ie CommlUcc, was an 
 
 follod'H : — 
 
 "My view of the Will is, that the shares of the children of the 
 "Testator are ..11 vested in interest, but none of them in possession, 
 "wherefore the effect of the will is, that if one child dies, leaving 
 "no child, the share of that child will be distributable amongst 
 "those who have children. This opinion is not shared in b" 
 "others; but it was originally given by me to the Trustees, on the 
 "application of one of those interested under the Will applying to 
 "have the benefit in possession of one of the shares." 
 
 And again Mr. CAMEUO>f said ;— 
 
 " I was not aware till I heard Mr, Anderson's argument, that 
 ■"there was any difference of opinion amongst legal gentlemen as to 
 <'the shares of the children being vested. / a7n satisfied that the 
 *^ correct interpretation of the Willis that they are vested. I have 
 
({ 
 
 ♦*«o doubt whateveff that if the Wilt iran taken info any of our 
 *' courts, a judgment would be arrived at to thin effect." 
 
 And again : — ^^1/ the Legislature, in times jyast, has construed a 
 '* Will dealing with real estate, at the desire of a family, is there not 
 " a much stronger ease for doing so in the matter of personal estate t 
 ' I think that tlio Logislaturo, ami tho Committee of the Logisla - 
 " turo, have a right to'look into a matter of this kind — when it Is 
 ** a matter of doubtful construction — in a way they believe to be 
 '* the most satisfactory to the members of the family. Gui bono f 
 *' What is the use of keeping the matter as it is, and nob allow tho 
 " children to have possession of the income 1 It is perfectly clear 
 " that the or,ly intention of allowing the property to accumulate, 
 " was the protection of the widow in her life estate. She agrees to 
 "give up that point, namely, that the proi)erty should accumtilato 
 " and be distributed only at her decease ; and so the children are 
 " fairly entitled to come into the use of that income. // is mereJi/ 
 " asked of this Committee to settle a question of doubtful constnie- 
 " tion; and the Committees of former Legishitures harn so eon- 
 " strued Wills of this description. 
 
 Afr. Crooks' opinion was as follows : — 
 
 "With respect to the interests of the chiUlren of the Testator, 
 "in the bequest of the residue of his estate, I am of opinion that, 
 "having regard to the language and provisions of the Will, and the 
 "legal rules and principles of construction applicable thereto, all 
 "tho children take vested interests in such residue, and not con- 
 "tingent interests dependent upon their survivorship of the Tes- 
 "tator's widow. 
 
 "It follows, therefore, that if any child died I)eforc the witlow, 
 "the share of such child would not be defeated, ])ut would pass to 
 "his personal representative. 
 
 "In this view also, in case any child died before the widow, 
 "leaving a child or children, the Testator may be considered as not 
 "having created an independent interest in the nature of an executory 
 "bequest in favor of the child or children of such deceased child, but 
 "one only substitutionary with regard to a possible state of his fomily 
 "when his widow's life interest terminated at her decease. 
 "Toronto, 11th Januarv, 1871." 
 
 
III. Mr. Bcchor having) lailud iujjiirt attempt to intruducu hU own 
 Btatemonta in evidenco before the Committee, on the 20th January, 
 1871, i)ul)li8heil a pamphlet, nnd circulated it amongst not only 
 Members of tlio Legislature, but mutual friends and acquaintances. 
 Its purport will be inferred from our remarks thereon, an^ which 
 we again print, with Mr. BeehtM-'s leplicH and onr answers. 
 
 lieniitrks on the Paiuphlvt rirculateif hij Mr. ItEciicit, in opiwsitian 
 to the mil, and res[Hictfnil ij submitted hij F. W. Thomas and 
 Denjamin Croxyn, two of the Pi'titionern for the Bill: 
 
 1. Its intent is obvious. Mr. Uecher now attempts to influence 
 Honourable Members by Ids own one-sided statements in explana- 
 tion of the Will, wlien these were held to ))n inadmissible by the 
 Private Bill Committee. 
 
 2. If Mr. Becher's opposition is only prompted by his duty a.s 
 Trustee, ho should not impugn the decision of tha Committee, the 
 proper tribunal in that behalf; and it is "like unfair ^o the promo- 
 ters of the Bill, as Avell as disrespectful to the Committee, that he 
 should disrcgai d that decision. 
 
 3. Mr. Bec'ier alleges that the evidence lie intended to ofter, 
 and which was rejected by the Committee, could not be contra- 
 ilicted. We assert the contrary, and would have willingly left Uie 
 Committee to judge of the weight to be attached thereto, if the 
 Committee had not deemed this course objectionable. 
 
 4. The case of the promoters rested upon the agreement come 
 to between the widow and all the children of the Testator, to dis- 
 tribute the available residue of the estate, aird which the Legisla- 
 ture could be properly asked to sanction, without assuming to alter 
 the Will, or to do violence to the intentions of the Testator, but 
 rather to facilitate these intentions and the better to secure the 
 peace and welfare of his family. 
 
 5. Mr. Hillyard Cameron, the counsel consulted by Mr. Bccher, 
 advised him that the shares of Mr. Goodhue's children were vested 
 interests, and Mr. Cameron emphatically adhered to this in his 
 argument before the Committee, and it was one of the grounds on 
 which \\i contended tlie Bill should bo adopted. Mr. Becher 
 incorporated this opinion in his petition against the Bill, but now 
 
!l 
 
 !? 
 
 thai ho lindM this will not .sorvc liis opposition, lio lias introduced 
 another legal opinion. 
 
 6. Uj)ou u fiiir cuostniction of the Will, it nmy ho Hafcly hold 
 that the TcBtator, wlicn ho <lcclnrcd that all liis children shouhl 
 share in tlio residue of liirt estate, meant that the actual enjoyment 
 should be postponed till the death of his widow — not in order 
 that any of these shares should ho contingent upon survivorship 
 of her, hut that her large annuity should he adequately secured, 
 and this reason is apparent without Mrs. (l(>odhue's express testi- 
 mony, when it is known thai llio Testator had invested largely in 
 the Three per Cents in J'ngland, that he contemplated further 
 investments there, and when it can ho proved that he lielievod his 
 estate would not iie in excess of $300,000. 
 
 7. Further, it can he provecl that hy tiie six deeds of settlement 
 the Testator tied up for the benefit of his grandchildren as much of 
 his estate as he intended, and anxiety that hi.s widow should ho 
 amply secured in her annuity was wiiat influenced him when he 
 wished his will to be prepared. ^Ir. Tiecher himself, between the 
 date of the will and tho deeoasc of ^Iv. (loodhue, informed mo 
 (Mr. Thomas) that under tlie will the Trustees could give the chil- 
 dren tho greater bulk of the estate. Hi.s exact words were: "My 
 "dear fellow, you need not ])e uneasy or troubled about tho will. 
 " I see nothing in it to prevent a division of the larger portion of 
 "tho property on Mr. Goodlnu^'s decease." 1 interrogated him. 
 "Do you really mean that you have it in your power and are willing 
 "to divide tho greater jiart of the property at Mr. (ioodhue's death?" 
 On his answering in the affirniative, I replied, "That being tho case, 
 "I am satisfied. I Aviil do nothing further, and will refrain from 
 "seeing Mr. (loodhue on the subject."' 
 
 8. It follows that Mr. liecher made this statement cither in 
 order to deceive Mr. Thomas, or in belief of its truth; tho latter 
 may be the more just conclusion, especially as we find Mr. Becher 
 in his letter of tho 10th of February last expressing similar views. 
 If Mr. Eccher then believed that the Trustees undor the will had 
 power to distribute the great bulk of tho estate amongst tho 
 children, how can ho assert that he was instructed to prepare the 
 will otherwise. 
 
 9. We do not desire to throw any imputations upon Mr. Eecher, 
 

 but the Icttoi' uiul sttttcmcnt ut imgc^ 2 nt' tin* i»iinij)hli't iiro roinark- 
 u})l('. Al'tor immiiif,' ^fr. TIioiiium, who had iihciitly dn hired to Mr. 
 ({(mhUiiu! and Mr. J)i!chur that ho would not act, h<^ jn'opo.scs his 
 jMirtncr, ISh: Street, and his son, ^fr. Henry I'echer, nn eo-trusteen, 
 and ro(!eives from tho Te.stator n/onc instructions for his will, and 
 tho deeds of HettlenienI, und(>r which he (dainw that he and his 
 co-trustee arc cutithul, by way of coninii.s8ion and otherwise, to a 
 remuneration of between 87,000 and $S,000 per anniini, 
 
 A more sensitive trustee, well knowin*,' that ho was to receive 
 these l>enehts under the will and deeds, would have required the 
 testator to have consulted an inde|tendent jirnfessionul adviser, Avho 
 shouM receive instructions for tho Avill. 
 
 10. It can further be proved that tlu^ Testator, at the time of 
 the execution of tin; will, had not that. luental (capacity which 
 would enable him to eomi)reheud fully the eU'ect of the dilferent 
 provisions of this lon<:,'thy will. 
 
 11. Not as the disinterested 'rrustee, but with tlu; art of tho 
 advocate, Mr. JJecher, at pa^'e 4, introducers the six deeds of settle- 
 ment, in order that it may be inferred that this was the full extent 
 of the Testator's intended bounty to his ehihlren, when in truth 
 thoy secured tho j)rincipal monies for the (imnd-cliihhrii, and are 
 in accordance with tho Testator's declaration, that this was th(! 
 only i)ortion of his estate he intended to "tie up." Instead of the 
 income from the settlements beiuf,' an adequate provision, tho total 
 amount received by aU tho children together ^, to this date, is 
 only $3,357 89 cts., vvhih; we understand the remuneratio!i claimed 
 for the Truatees by ^Iv. IJechcr, under these (IcmIs, and irrespective! 
 of the Will, amounts to more than $4,000. 
 
 12. Mr, Eecher's pamphlet is^made up of letters, telegrams and 
 statements, whici M'cre declared to be irrelevant, and wore rejected 
 by the Committci , yet he, nevertheless, persistently endeavors to 
 force them upon tho AT embers of the Legislature ; and the whole 
 tone and bearing of this pamphlet arc altogether at variance with 
 the character assumed of a "simple Trustee," the duties of which in 
 the promises, we thoroughly understand and recognize, but in which 
 is not included, tho attempt made by this pamphlet, of endeavoring 
 to prejudice the minds of Honourable Members, and to give them 
 erroneous impressions of wliat is sought by the Bill in cpiestion. 
 
10 
 
 H ( 
 
 Mr. Eecher in tliw olfort, iutroducos, jit page 13, a teleiogiaui from- 
 liis co-trustee, Mr. V. Cronyn, but if fully explained, it would also 
 appear that thn (>bjoctiou of the Testator to an immediate diatribu- 
 tion, solely arose from anxiety les*: the security for the widow's an- 
 nuity should bo diminished, and Mr. Cronyn sentls us the follow- 
 ing telegrams, with r ^spnot to the hitter printed by Mr. Becher : 
 
 ( 'OPY. 
 
 •• LoxD( )X, .lanuury 2 1 , 1 87 1 . 
 " F. VV. Thoma.s - 
 
 "Letter given to rebut imputations against Becher, ami expressly 
 forbidden being used against Bill. Mr. Goodhue never gave me 
 any reason whatever for locking up tlie proi)erty. 
 
 "^V. C'UONYN." 
 
 "London, .lanuary '22, 1871. 
 "B. Cronyn, Es(i, liossin House. 
 
 "Mr. Goodhue's object in locking uj) property may liave b'eii' 
 only to secure Mrs. Goodhue's annuity. Nothing lie ever said to 
 me contradicts this. He showed great anxiety as to security of 
 property in this country. My letter to Becher contained these 
 words: 'To use to rebut imput/'.tions made respecting your con- 
 duct in tliis matter.' It was written with this object alone, and 
 does not contain anything that might lead to different conclusion an 
 to intention of will. Have written fully to Thomas, care of Fred. 
 
 "V. Cronyn." 
 
 13. In support of the Bill, wo printed, as is customary, for th'i 
 info'Tuation of Honorable ..f embers, the chief point discussed by 
 our counsel before tbo Committee, arid wo could have wished that 
 Mr. Becher had confined himself to a similar course, when he could 
 rrore properly have claimed to occupy the position taken by counsel 
 on his behalf, of appearing in fulfilment of a simple duty to urgo 
 upon the Committee such considerations as Averc legitimately ap- 
 plicable. 
 
 h\ W. THO.MAS, 
 
 B. Cronyn, 
 For nurselrett and other Pet it! orient for Hill. 
 
 \ 
 
i 
 
 11 
 
 Mr. Bbcher's reply to the ' Jienmrktt of Mr. Thomas (unl ]\fr. I J. 
 
 Cr»nyn." 
 
 llossi.v HoL-SK, 24th Jan'v, 1871. 
 
 8lB, 
 
 I beg your consideration to this, my reply to the " Remarks" of 
 Mr. Thomas and Mr. B. Crony n upon the statement I did myself 
 the honour to submit to you on Saturday. 
 
 Mr. Thomas asserts, "that between the date of the "Will and th« 
 "decease of Mr. Goodhue, I informed him that tlie Trustees could 
 "give the children the greater bulk of the estate," and ho quotes 
 what ho calls my "very words" in giving him this information. 
 
 I regret to be obliged to state that v\l this is untrue, /rom hegln- 
 ning to end. I never for one moment thought the Trustees had 
 power to advance a shilling before Mrs. Goodhue's death ; and 1 
 never led Mr. Thomas to think, either directly or indirectly, that 
 we had. 
 
 It will be remembered that at the very time Mr. Thomas asserts 
 £ was telling him this, I have the testimony of Mr. Cronyn to prove 
 that both he and I were endeavoring to induce Mr. Goodhue to 
 make a codicil to his Will for the very purpose which, if Mr. Thoma* 
 is to be believed, I told him was already effected. I refer to Mr. 
 Cronyn's letter at page 7 of my statement. 
 
 I also wrote Mr. Goodhue a letter (see page 4 of my statement), 
 giving him an opinion on his own Will in so many words, that if 
 Charles died before Mrs. Goodhue, his interest under the Will would 
 thereupon vest in his, Charles', children, and could notbe looked to for 
 the repayment of the $10,000. I was well aware this letter might 
 be read by any of Mrs. Goodhue's family, or by Mr. Thomas. It 
 would be strange indeed, if I coidd Avrite such a letter, and tell Mr. 
 Thomas what he says I did. 
 
 Mr. Thomas, knowing, and painfully appreciating the contents 
 and effect of Mr. Goodhue's Will, within a very short time of its ex- 
 ecution, urged me again and again to induce Mr. Goodhue to alter 
 it, as I believe he did Mr. Cronyn. My visit Avitli Mr. Cronyn, and 
 my subsequent visits alone, to Mr. Goodhue, were in consequence 
 of this, and Mr. Thomas was informed at once of their results. 
 
 I have only to add that so well aware Avas !Mr. Thomas of tho 
 effect of the will, and the lack of power of the Trustees to advanoo 
 
IS 
 
 li 
 
 ll-l 
 
 12 
 
 anything, that he aont Mr. B. Cronyn out to my house at iiine in 
 the morning after the funeral, to know if they gave security by 
 Life Policies and otherwise, whether I would make advances. 
 
 These advances were afterwards r.amed at |i 12,000 a year — 
 $2000 to each child per annum. Mr. Cronyn and I declined to 
 make them; and from that moment dates a hostility on the part of 
 ]Mr. Thomas to me, as needless as it is unprovoked. 
 
 The charge that Mr, Goodhue had not mental capacity, I hear 
 now for the lirst time. If true, why was it not brought to my, or 
 ]^Ir. Cronyn's attention when the Will was being prepared, or be- 
 tween its execution and Mr. Goodhue's death 1 Why was the Court 
 not asked to refuse probate and declare Mr. Goodhue intestate ! 
 That course is yet open to the promoters, if this charge is true, and 
 no legislation is needed on that ground. 
 
 So far from its being the fact that Mr. Goodhue contemplated 
 
 further investments in England, he told me, and I think Mr. Cronyn 
 
 was present, that lie had intended to sell out his Consols, and invest 
 
 the money in Canada. 
 
 As regards opinions of counsel — There are the opinions of four 
 
 <'minent Counsel, Mr.Hillyard Cameron, Q.C.; Mr. |lobinson, Q.C.; 
 
 Mr. Anderson and Mr. Leith, all concurring that the children are 
 
 entitled to nothing in possession until Mrs. Goodhue's death, and 
 
 tlien only in case of tlicir surviving her, against the single opinion 
 
 of IMr. Crooks to tlie contrary. 
 
 Mr. Thomas ticco' told me he would not act as executor; I name<l 
 him to Mr. Goodliuc, believing, as I still believe, that he wouhl 
 Jiave been delighted to act. 
 
 Mr. Goodhue refused to appoint him, I have since learned, be- 
 cause tlie estate of a very near friend had been got into trouble 
 owing to the appointment of relatives as Executors. 
 
 As regards the small sum yet received for interest on the setth)- 
 
 ments, the explanation is simply that the bulk of the principal has 
 
 not been out near a year yet, and so tlie bulk of the interest is not 
 yet due. 
 
 / am put forward as " claiming " inxmense sums for the remu- 
 neration of myself and Mr. Cronyn. The truth simply is that Mr. 
 Cronyn and I are Avaiting the consideration of Mr. Blake and Mr. 
 .Moss to tell us what remuneration we should charge; and these gcn- 
 
 
 i; I 
 
mm 
 
 it liine in 
 jcurity by 
 Lces. 
 a year — 
 eclined to 
 lie part of 
 
 ity, I hear 
 
 to my, or 
 
 red, or be- 
 
 the Court 
 
 intestate ! 
 
 ; true, and 
 
 itcmplated 
 [r. Cronyn 
 and invest 
 
 ns of four 
 ison, Q.C.; 
 lildren are 
 death, and 
 ;le opinion 
 
 r; I named 
 ; he wouhl 
 
 iarned, be- 
 to trouble 
 
 the setth)- 
 ncipal has 
 rest is not 
 
 the remu- 
 3 that Mr. 
 [e and Mr. 
 these gen- 
 
 ]:\ 
 
 tiemcn are instnicted by both of us to put the amount m/ich und»(r. 
 rather than anything over the amount we are entitled to. 
 
 We shall bo paid what the law allow.s us, only; ■whatever it may 
 be it is earned, and the passing of this Act, or its rejection, cannot 
 affect it. 
 
 The remainder of the " Remarks " are either covered by my 
 statement, or are personal vilification of myself, which T do not <lo- 
 sire to comment on. Thinking men will perhaps coine to the 
 conclusion that stronger condemnation of the proposed Act is not 
 wanting than is contained in the very "remarks" I am replying to. 
 
 T have the honor to be, Sir, 
 
 Your faithful servant, 
 
 Hknry C. H. Bec'iiek. 
 , Esq., M.P.P. 
 
 Additional remarks by Mr. Thomas, /// cunscquPHCP of ^Ir. Becheu's 
 letter of the 2Wi Janiiari/, IS7 1, addressed to Honorable Mem- 
 hers of the Legislature. 
 
 1. It Avould be unnecessary to comment on this letter if Mr. 
 Becher had not ventured to assert it was untrue ^\from beginning to 
 end" that he informed me, between the date of the Will and Mr. 
 (loodhue's death, that the Trustees could give the children the greater 
 portion of the estate. jVfr. Verschoylo Cronyn, his Co-Trustee, 
 states that Mr. Becher admitted tliis to him, and tliat there mav 
 be no mistake, I ask the ])crusal of the following telegi-ams : 
 
 Toronto, 24th January, 1871. 
 To V. Cronyn, London. 
 
 Were you not aware Irom me, antecedent to Mr. Goodhue's 
 doath, and from Mr. Becher afterwards, thiit in an interview I had 
 with him before Mr. Goodhue's death, he informnd me that mth 
 the Will as it stood he saw no cUfficulty in advancing the larger 
 portion of the estate at Mr. Goodhue's death ? 
 
 You will remember you told mo'that you at one time mentioned 
 this to him, and he passed it off by saying he had done so to pacify 
 me, or words to such effect. He denies in print that he ever had 
 the slighest conversation of the nature T describe mth me, prior 
 to Mr. Goodhue's death. 
 
 F. WOLPERSTAN ThoMAS. 
 
14 
 
 » I f 
 
 
 n 
 
 
 London', 24th January, 1871. 
 'Jo Y. \V. Thomas, Torontt». 
 
 You told me, before Mr. Goodhue's death, that Bocher 
 divulged to you contents of Will, and had added that surplus could 
 he divided amongst children, all consenting. I reminded Becher of 
 this. He answered that he had mid tto thnnghtle.saly, and that you 
 told him I hml also said so. 
 
 V. Ckonyk. 
 
 Mrs. (loodhuo, in her letter of the 21st January, states as 
 follows : 
 
 AYaveulky llAiiL, 21st January, 1871. 
 My J)eau 8ib, - 
 
 I wish to let you know, that a few weeks after Mr. Cloodhue's 
 ♦Icath, Mr. Becher cam^ down to see me, and, in course of conver- 
 •sation, said, he did not himself fully understand the Will of my 
 husband until after his death. 
 
 Yours sincerely, L. Goodhue. 
 
 And Mr. Benjamin Cronyn further affirms, that after Mr. Good- 
 liue's decease, at the request of myself and other members of the 
 family, " who were also aware of Mr. Beechei-'s promise," he visited 
 Mr. Becher at his private residence; that he then urged Mr. Becher 
 to proceed at once to divide the surplus property in accordance with 
 liis promise to jiie; that !Mr. Becher admitted the promise, but said 
 lie was unable to carry it out, as he perceived it to be a breach of 
 trust. Honorable ^Members can thus judge how far Mr. Becher, in 
 Iiis zeal for his own personal interests, is prepared to go. 
 
 2. I never knew of the letter Mr. Becher refeis to as addressed 
 to Mr. Cloodhue witli respect to a loan of $10,000 to his son 
 Charles. 
 
 3. jMr. Benjamin Cronyn did call at Mr. Becher's residence, to 
 urge his carrying out his promise to me of distributing a portion of 
 tlie estate amongst the children, and to secure the Trustees from 
 I)ersonal liability the question of Life Policies was introduced. 
 
 4. Mr. Bcclier, till the decease of Mr. Goodhue, assumed to act 
 as the disinterested friend of the family, professing his readiness to 
 carry out their wishes, and continued to lull them into belief of 
 this until he found himself secure in his position; then refused to 
 
ir» 
 
 7,1871. 
 
 ai Bocher 
 rplua could 
 1 Becher of 
 id that you 
 
 Ukonyn. 
 r, statos a» 
 
 y. 1871. 
 
 Goodhue's 
 of conver- 
 l^ill of mj 
 
 OODHUE. 
 
 Mr. Good- 
 jers of the 
 ' ho visited 
 VIr. Becher 
 dance with 
 e, hut said 
 i hreach of 
 Becher, in 
 
 addresse d 
 his son 
 
 jidence, to 
 portion of 
 stees from 
 need. 
 
 med to act 
 
 ;adines3 to 
 
 y belief of 
 
 refused to 
 
 acquiesce in any scheme for tlio distribution of the property, and 
 finally rejected our application to have the construction of the Will 
 .settled by the Court of Chancery. The liostility ia on his side, and 
 not ours; and in truth, the issue it now whether Mr. Becher or tlio 
 children of Mr. Goodhue are to derive substantial benefits from this 
 large inheritance. 
 
 5. The subject of Mr. Goodhue's mental capacity gave the family 
 much concern; and in the belief tliat the Trustees could and wcrt! 
 willing to carry out what Mr. Becher promised, they thought it 
 better to let this rest. But they are convinced he could not havn 
 understood his "Will in the souse Mr. Becher now endeavours to 
 put upon it. 
 
 <J. Mr. Becher should know, that it was owing to wv refusal 
 to Mr. Goodhue to act as one of his executors, that 1 in conse- 
 •luence suggested him, and this assertion can be corroborated l>y 
 others of the family. 
 
 7. On the 8th December, 18G1), Mr. Becher received |17ii,000 
 to invest. !More than a year has elapsed, and the total amount 
 received by the fairily therefrom is $3,357.89, while Mr. Becher 
 claims to retain $4,300 and upwards, on the plea that the 
 Deeds provide for "a rcasonahlc remunfmtion" which term was 
 inserted at ]\fr. Becher's suggestion, in lieu of an express provision 
 of $400 or $500 per annum, as desired by Mr. Goodhue. Mr. V. 
 Oonyn can tostif\' this. Mr. Berber probably knew that by law 
 "reasonable remuneration" might result in the large sum he now 
 claims to retain. 
 
 8. The legal opinions were fully stated to the Committee, and 
 Mr. .1. H. Cameron and Mr. Crooks coincided in the substantial 
 points which arise upon the construction of the AVill; while Mr. 
 Becher most disingenuously would lead Honourable Members to 
 believe that !Mr. Cameron and the other counsel named by him 
 were in accord. 
 
 l'\ "WoLKEUHTAX ThOMAS. 
 
 1 concur in the lorrectnoss of the above statement. 
 
 Benjamin' Croxyx. 
 
ff r^' 
 
 16 
 
 Mr. liKoiiKu'H rvphj tn Ihf " AiUlitional Rciiiiiiks" of >rr. Thomas 
 anil Mr. IJ. (^ronyn. 
 
 'I'OKoXTo, Wednesday Kvening, 
 
 25th January, 1871. 
 My Dear Siu: 
 
 My only means of rei>lying to tlus " additional remarks" put 
 forward by the promoters of the Goodhue Estate Bill, which I have 
 only this moment seen, is to bog you to do mo the favour and the 
 justice, wlien the Bill comes up, to make the following statements 
 on my authority and behalf: — 
 
 Mr. Thomas did on one occasion, fully understanding the will, 
 ask me wliat coiUd be done. I told him, as I afterwards told Mr. 
 Cronyn, thoughtlessly, that, "thougli the executors had no power, 
 the childrcTi might i)y and by agree together and divide." On his 
 leaving \m\ the difficulty of the infants struck me, and that same 
 afternoon, or the next morning, I told Mr. Thomas it woidd prevent 
 It. He rcpliedlio had found that out already. This is what I re- 
 ferred to wlien I told Mr. Cronyn I had spoken thoughtlessly, as 
 he says in liis telegram, and what I understood him to speak to me 
 about, and Avhat 1 think lie Avill, on reilection, say I did speak to 
 him about; and I bog to say here of Mr. Cronyn, I am convinced 
 he has said, and will say, only what he beliiives to be true. 
 
 If Mr. Tliomas was mi.slod by this, he was not misled many 
 hours ; which, if his .statement is to be believed, I told him "the 
 trustees could and would give the children the greater bulk of the 
 estate" — and by reason of this, I misled him and prevented him 
 from speaking to Mr. (Joodhue himself on the subject. 
 
 This is a very grave charge; and, if true, there is no name too 
 unworthy to apply to me ; he says it is not only true, but he told 
 Mr. Cronyn of it " r.nLua'ident to Mr. Goodhue's death." Surely if 
 he did so Mr. Croi.yn iiiust have set him right, for Mr. Cronyn 
 knew all about tho Will, from its draft to its* execution. 
 
 There is this strong contrp.diction to it too, that Mr. Cronyn and 
 I were all this time endeavoring to induce Mr. Goodhue to make 
 the change in his Will desired by Mr. Thomas ; and that he knew 
 we were ; another contradiction in the fact that I wrote Mr. Goodhue 
 himself an opinion the very opposite way, which any members of 
 
17 
 
 Ir. Thomas 
 
 1871. 
 
 marks" put 
 
 tiich I liavc 
 
 Diir and tho 
 
 statements 
 
 ig tho will, 
 ds told Mr. 
 i no power, 
 B." On his 
 that same 
 mid prevent 
 3 what I re- 
 irhtlessly, as 
 speak to me 
 lid speak to 
 li convinced 
 [uc. 
 
 Liisled many 
 d him "the 
 bulk of the 
 vented him 
 
 10 name too 
 but he told 
 Surely if 
 Vlr. Cronyn 
 
 Cronyn and 
 lue to make 
 lat he knew 
 [r. Goodhue 
 members of 
 
 his luiuily were likely to see, and which ^Fr. Cameron and three 
 other counsel have since agreed in Mr. Goodhue lived more than 
 a month after the execution of his Will, and if Mr. Thomas, who I 
 l)elievo saw him once or oftener every day, did not ask him to change 
 liis Will, it Avas perhaps because he thought if Mr. Cronyn and I 
 ronld not induce him, ho could not. 
 
 There is tlie further contradiction to Mr. Thomas in this, that 
 oarly in the morning after the funeral, he sent Mr. K Cronyn to mo 
 to my house, with a scheme for securing mo and Mr. Cronyn by 
 Life Policies on all the lives of the five daughters and son, to know 
 if I would consent to make advances, without waiting for Mrs. Good- 
 hue's death, on these securities; the Policies to be assigned to us. 
 It is, to say the least, strange if I told ]\Ir. Thomas, as ho says, that 
 the Trustees could and would, muler the will, divide the bulk of the 
 property, and tliat he was misled by this ap 1. > +110 time of tho death, 
 and believed it, that immediately after tiie dv; h, I should Avithout 
 any demand on my part, or complaint on hir,, bt, offered security to 
 do, Avhat he expected me all along to do as a matter of right. 
 
 I ask attention to the words he puts into my mouth, commencing 
 "my dear fellow," set out in liis first statement in connection Avith, 
 this. 
 
 As regards the trusts under settlement and Will, I can challenge 
 the strictest irquiry : I have never touched a penny of either moneys, 
 nor has Mr. C'ronyn, I believe. They are deposited in tho Bank of 
 AFontrcal, as received, at interest. 
 
 AEr. Goodiine did not nsime .^400 or $500, nv any iher sum, as 
 remuneration t«> the Trustees, that I ever heard ; and I do not think 
 Mr. Cronyn Avill say he ever heard him say so. 
 
 Mrs. Goodhue has strangely misapprehended me. It Avas not 
 possible 1 should saj', I did not understand this Avill, Avhich I had 
 Avritten out Avith my own hand. Afaligned as I am, I may be per- 
 mitted to say, that though the Trustees con act, and be remunerated 
 professionally, for services, all suits and inA'estment of moneys on 
 mortgages for both trusts, deods and Avill, have been given to Mr. 
 Goodhue's son and son-in-laAV, and that the business arising from 
 this has been sufficient to induce them to go into partnership: and 
 til is Avas given to them at my suggestion. 
 
 The promoters have from tlie first endeavoured, by traducing 
 •) 
 
18 
 
 ; ii 
 
 n 
 
 :■ J '■ 
 
 :t ■ ' 
 ,'■ * 
 
 ! I ' 
 
 ■ n 
 
 n 
 
 I! (H 
 
 uic, to tukt! iittcntioii IVoiii the li-tic iiuoMtioii, which is, whetlior 
 a father who hud most at hoart tlic ;^'oo(l oi hi.s cliihU-on, nhouhl he 
 permitted to h-avo to tliem what was hi.s own after liin dwii wislie.-i, 
 or oidy after theirs. 
 
 Vours vi^ry siueca'ely, 
 
 IlKXItV ('. J.'. J'.r.CllKU. 
 
 Tin; Hon. Stkpmkn llifiiAitDn, M.IM*., 
 
 liemarl's hi/ Mr. Tiicma.s m// .Mr. Hix'uku'h Ldtrr (Xn. '.\) of the 25t/i 
 Jnnnarf/, 1871. 
 
 1. Mr. IJecher says I understood the WiU. [ do not seek to 
 deny this hut in tlic sense that nnder it the jjroperty conkl not be 
 distributed till after IMrs. (loodhue's decease. It was Mr. Bccher 
 liimself who led mo to a ditfercnt eonchision. I have already 
 ([uotcd liis words; and his present admission that he trdd mo " the 
 ehildren might, by and by, agree together and divide," is hardly 
 consistent with the sweeping declaration in his letter (No. 2) of tho 
 24tli January, that my statement to this effect Avas untrue "from 
 beginning to end." 
 
 2. iMr. Eecher at no time prior to Mr. CJoodhue's decease, and 
 not until many days after, removed tho misapprehension from my 
 mind, that the Trustees could and were willing to distribute tho 
 great bulk of tho estate amongst the children. ^Ir. llecher'a letter 
 shows this. It is as follows: 
 
 ]\rY Dear Thomas, — 
 
 I went to see you about six, last evening, to 3ay 
 thiit Veray and I had decided not -to deviate from tho directions of 
 Mr. Goodhue's Will. 
 
 It was not until yesterday that I conipyehcnded the immcnsn 
 responsibility wc should incur by any deviation, and the terrible 
 wrong and anxiety it would entail, on mo at all events, for years. 
 Such a course would entail great difficulty in changing Trustees; 
 and as I hope not to be worked always, there is another reason, if 
 any were wanting, against my doing anything that is not my duty, 
 or in any way a breach of trust. 
 
 Tho coming to this decision has been a very painful process, 
 because I know it will cause you and Benny much inconvenience, 
 
10 
 
 I is, \vlu.'t!u>r 
 ju, ylioulu he 
 s own wislu'.-i, 
 
 '. I,'. Jiia-iiKK. 
 
 :i) of the 26t/> 
 
 ) not sc'uk to 
 could not be 
 s 'Mr. Bccher 
 lmv(! ill ready 
 :)ld nio " tli(! 
 c," is hardly 
 No. 2) of tho 
 intruo "from 
 
 decease, and 
 ion from my 
 listributo the 
 ccher'a letter 
 
 ening, to say 
 directions of 
 
 the immenfii'. 
 the terrible 
 ts, for years, 
 ng Trustees; 
 icr reason, if 
 lot my duty, 
 
 iful process, 
 convenience, 
 
 1% 
 
 {\nn\^i I hopf. inilij tif a l((j/tt nud teiiijuinti'ii chiirnctvi: I'ruy do 
 not ask U.S to chang(! ourdoci.sion iu any way. It woidd he a cruelly 
 \inkind thing to ask us to do anything fraught with such anxiety 
 and po3«ible, though very im])rohable, loss. 
 
 V()\n's very sincerely, 
 (.Signed,) Hf.xuy C. If. liEciiKii. 
 
 Thornwood, Tuesday evening. 
 
 To F. AV. TiicMAs, Esy. 
 
 3. }>h\ liechcr has not been accused of any misappropriation of 
 mon' ■,«■ belonging to the Estate or Trusts, as lu; gratuitously contra- 
 dicts; but my charge was, that Mr. IJecher had declared his inten- 
 tion of reimbursing himself and his (!o-trusteo l)y a commission of 
 at least 3^ per cent., which woiud amount to $-l-,400 for the first 
 year for the settled funds, and as much more for the Estate. It 
 is unnecessary to tell any one acipiaintcd Avith Mr. (loodhuo, that 
 lie never could have understood Mr. Bechcr's "rea?5onable remuner- 
 ation" would reach so largo an amount. Further, in an intervic v 
 I had with Mr. IJecher and jNIr. V. (Jronyn, I informed them ^fr. 
 Goodhue was prepared to allow each of th(Mu, for the performance' 
 of their duties as Trustees under the settlements, $400 or $500 per 
 annum; and for this and the estate togethei*, $800 or $1000, with 
 allowance for a clerk, and that ^Ir. Goodhue Avished the sums in- 
 serted in the Deeds and Will. Hoth expressed tlicmselvcs entirely 
 satisfied with the remuneration, and Mr. ]k.cher went so far as to^ 
 say it would bo probably more than was necessary. I informed 
 Mr. Goodhue of the result of this interview, and spoke no further 
 upon the subject until the day after the execution of the Deeds and 
 Will, when I Avas surprised to learn from Mr. Goodhue that ^Ir. 
 Becher objected to the insertion of any sum, and suggested the 
 "reasonable remuneration" clause instead. 
 
 4. Mr. Becher desires to make it appear that he had done a 
 generous and voluntary act in transferring some professional busi- 
 ness, connected with the estate matters, to Mr. Goodhue's son and 
 son-in-law. I am, however, prepared to prove that I suggested to 
 Mr. Goodhue, at Mrs. Goodhue's request, the propriety and justice 
 of giving the legal business to his son; and I also mentioned to Mr_ 
 Becher that Mr. Goodhue expressly desired this; and I may fairly 
 
i"i 
 
 I : 
 
 i . 
 
 1 
 
 . ■ 
 
 In 
 
 i 
 
 20 
 
 jissuine, tliiil what the 'I'niHtccs linvc douo in this rcspccl, was oul 
 of rt'spcct t(t llic T»5Mtiitor's mIsIioh. 
 
 \'\ Wt»i.n:R.STA\ Thomas. 
 
 .liiuuiuy •'JO, lf<7l. 
 
 JJoferrini,' (u the I'orcgnin;,'. I l>i'g to Htiite tliiit Mr. 'I'lioiuas cor- 
 rectly mentions the object of my visit to "Sh. Hccher, when lie ml- 
 mittccl to nic the I'roniiso he had made to ^Ir. Thomas to divide 
 the surplus property, hut Avhieh, he snid, he was unahh* to earry 
 out, as he pereeivcil it to he a breach (»f trust. It was in conse- 
 <|uen('e of Ihis that the su;^';4('stion of Hccnrity to tlu^ Trustees by 
 life policies Mas introthioed. This interview, an<l the first on the 
 subject of the Estate after Mr. (Joo<lhue's death, took place, not the 
 next morniuf,' after the funeral, but some days after ; and then in 
 conseiiuence of ^Ir. IJecher's intended absence for sonio time from 
 London, ^fr. ll'.'cher, in pointedly statin^,' "the next morning'," 
 for^vlslhut the funeral took jilace on Saturday afternoon. 
 
 IJkNJAMIN (.'llONYN. 
 
 January !>0, 1871, 
 
 f : I 
 
 l\'. Ill i/ir ihWuf^ioH in flw Li'i/lftiahii'f il/hiii tlii' Hill, 
 
 ^Ir. RvKKKT remarked upon the inconsistency of the Hon. Mr. 
 Richards opposing this Rill, while; he had supported that relating to 
 .Sir Henry Smith's AVill ; that he, (Mr. R.) did not think this Rill 
 afl'ected any vested rights in other jiarties, but rather carried out tlio 
 intentions of the Testator. Ho deprecated the advocate lino of 
 arg\nnent of ^Ir. Richards, and contended that when viewed dis- 
 passionately, with the aid of common sense, it was a remedial mca- 
 ><ure which the Legislature could and ought to pass under the cir- 
 cumstances. He only referred to Mr. Reeher's position as being 
 that of an interested i)arty, receiving a very largo remuneration 
 while he continued Truste(>, and that he was opposing tlie Rill with 
 the utmost hostility. 
 
 Mr. Scott, (Ottawa) said — Mr. Speaker— I think tlic Will is 
 ]»retty plain, and that it docs not require a professional man to 
 understand its provisions. It Avas quite clear that Mr. Goodhue 
 desired to make ample provision for his widow. He gave the rest 
 of the property in trust to Mr. Recher and Mr. Cronyn, to sociu'e 
 
 # 
 
21 
 
 vA, was out 
 TiroMAs. 
 
 'Iioiiiaw cor- 
 
 hon lie tul- 
 
 to divide 
 
 l(f to carry 
 
 H ill coiiso- 
 
 ['rustocs l)y 
 
 first on the 
 
 ICO, not the 
 
 id then in 
 
 time from 
 
 niornini,'," 
 
 (.'nONYN. 
 
 Hon. i\lr. 
 relating to 
 k this Hill 
 ied out tlio 
 ito lino of 
 icwed dis- 
 edial nica- 
 cr the cir- 
 
 as being 
 mnoration 
 
 Bill with 
 
 ic Will is 
 il man to 
 
 Goodhiio 
 'G the rest 
 
 to sccnro 
 
 the wiJow'rt annuity; ami tluMi he provitled that at iier death tlm 
 property hIiouUI go to his children, and not to the grand-childron. 
 Tlie Will is perfectly clear on this point. His wife and children 
 ho seems to have in mind all through. Tim whole tenor of the 
 Will is in the direction of giving the property to the children at the 
 widow's death. I don't think the Legislature woiiM ho violating any 
 jiioral law in passing this Hill, if the widoAV is a party *n the arrange- 
 ment. Kvery Session, for tho last twenty years, a case of this 
 kind has come before tli(( Legislature. l>y passing this IMll we 
 are not doing any veiy great impropriety, nor any great moral 
 wrong; nor do I think that our action will have the effect of bring- 
 ing other AVill casc.s before the Legislature. 
 
 Mr. liEATTY showed that by the Deeds of Settlement the 
 Testator secured benefits to his grand-children, while by tho AVill 
 he intended his own children to share — and supported the liill l)y 
 similar arguments to those of Mr. Kykert and Mr. Scott. 
 
 The Hon. ^Mr. ^IcMuunicii adverted to the fact that the widow 
 and all the children concurred in their wish for this Hill, that the 
 Trustee who did not opi)ose must be taken as concurring, leaving 
 Mr. Hecher the only opponent. He showed that in the saving of 
 expense and otherwise, the interests of tho family would be largely 
 benefited. He also stated that the Petitionti'S were persons of the 
 liighost respectability, and (juite as capabh; of taking charge of 
 their funds as tho Trustees. 
 
 Mr. McGiix remarked that while Wills should always be held 
 sacred, there were circumstances connected with them which 
 mode it the duty of Parliament to octisionally interfere, and by 
 the requisite legislation make their scope more beneficial to the 
 parties who were intended to bo benefitted, and here the widow and 
 all the children had agreed for this purpose. Whatever contingent 
 or possible interests the grandchildren might be supposed to have, 
 he could infer that these were more likely to be cared for under 
 the present arrangement, than if the division of the estate was 
 indefinitely [)ostponed. He would vote for the liill with great 
 pleasure. 
 
 Air. McKellau .said : — 1 have heard, Sir, with attention, the 
 lengthy legal opinion of the Honorable Commissioner of Crown 
 Lands, and, after all, T am still more convinced than I was 
 
22 
 
 » ';, 
 
 >i < i 
 
 bofon*. Xt)\v, I ((Hifcss tliiit tilt' llousd slioiiM (leal with im- 
 portant (l()(!inni!iitH, Huch iiH Willn, witli very ^rciit ciintioii ; at 
 tho eamo time \ ndmil tlint llicro urn niPOH where I think that 
 it is within the province nf this HoiiHe to (h-al with the matter. 
 In such instances — ami I think that the, case we have now under 
 eonsitleratioii is one of them- it is our duty to deal M'ith thoin. 
 A great deal has Iteen said about tlui le^'al (luestion, and we tind, 
 as has already heen statctl, tliat lawyers of tln^ highest eminence 
 •Hirer. I liuve therefore, for my part, not being a pVofessioiial 
 man, net aside all tliese legal opinions, and 1 shall endeavour to 
 speak for a few moments, guided by my comnKUi sense. (Hear, 
 liear.) Xnw, we lind t!mt Mr. (loodhue made a AVill— thai he 
 left legacies and beiiuests to othcr^i besides Ids own family. 
 'nie.so I believ(! are all provided for — at least, Ave are not asked to 
 legislate upon these. I believe, however, they are all paid, whe- 
 tlicr wo pass this Hill or not. (Hear.) Tlu) only (piestion that we 
 have to deal with is this : Sliall the money which has been left to 
 his own ehiltlren be paid to them now, or shall it be paid to tlicm 
 on tho decea.se of his widow ? So fur as lean understand tho (|Ues- 
 tion, that is tho only thing that we have to dispose of. Xow, Sir, 
 with releronce to tliat, all the i)arties who are interested in thi.* 
 matter have come to this House, petitioning it that this distribu- 
 tion may take ])lace immediately. "We iind that tln^ wid(tw, who is 
 interested in thi.s mattt-r, has been provided fof. and she is most 
 anxious that the <listril»uti(>n sIkjuM take place. Xow, so long 
 as all the parties who are inteni.sted in this matter a.-dc us to pa.ss 
 this JJill, [ think that it is proper that we should pass it. Some 
 gentlemen say — go to a court of law. AVell, wo find courts of law 
 — even they, W(( have heard to-night, differ in their decisions ju?t 
 as much as do the lawyers. (Hear, hear.) Thenifore, 1 .say that 
 so long as -we are, doing sul)stantial justice, and so long as wc are 
 not diverting these moneys from the parties, from the channels 
 which Mr. Goodhue him.self intended they should flow into, I say 
 that wc may very safely legislate npon it. (Hear.) T think that 
 wc should .settle this matter in dispute equitably and fairly, and 
 justly, and that if wo can, we .should prevent the question going 
 into a court of law, where considerable time would be required, 
 and an enormous amount of expense would he incurred. (Hear, 
 
 ^^ 
 
 iin 
 
witli iiii- 
 ttion ; lit 
 liiiik tliiit 
 •' iimlfcr. 
 uiw under 
 itli tlioin. 
 
 I we fiiul^ 
 
 i'luincncp 
 
 •oi'csMioiiiil 
 
 Iciivoiir tti 
 
 (Hear, 
 — that ]w 
 
 II iiimily. 
 asked to 
 
 )iiid, who- 
 n tliut \\r 
 
 on left to 
 I t(i llicni 
 
 tho «^ucs- 
 X»»\v, Sir, 
 'd ill thi.^ 
 1 <listrihu- 
 •w, \\iio is 
 ic is most 
 ■, so loii^' 
 IS to pass 
 it. Somo 
 irts of law 
 sions jiipi 
 
 Hay that 
 as wo nro 
 
 channels 
 uto, I say 
 liink that 
 airly, and 
 ion going 
 required, 
 (Hear, 
 
 i':J 
 
 hear.) Tlu'.ii' lire the simiilt' I'acts of the caHu, ami tlii.s is the »»uly 
 (|iU'Htion witli which we havi- to deid. l''or my own i>art, I feel 
 »|uit() clear that it is my duty to vot<) for this Hill, in order that the 
 parties interested, aud who are asking,' for this Act, nhould come 
 into immetliale i»osses.sion of their cHlate. (Hear.) Now, f can 
 easily understand what a very Miicomfortahle — what an uni»leaMint 
 position llie widow of Mr. (loodhiie will ho placed in if this Uill 
 ih)os not pass. (ll<'ar.) llen^ tliere aro i number of children, and 
 they are to he in teceipt of a large amount of juoney by lior death. 
 It is quite impossible that tluMights will not pass tlirough her mind 
 that her cliildreii desire that sIk* should i)a.ss aM'ay in onh'r that 
 they may get her money. (Hear, hear.) I do not say that such 
 tluaights w<Mdd pa,ss through their minds;! finnly believe that they 
 would not. (Hear, hear.) Hut I .say, such thoughts would pass 
 through the mind of Mrs. (loodhue. It would l)o a great relief to 
 licr if such a l»ill as this now l)efor(t us should i)ass and become 
 law. iSh(^ has ample security, on her own atatcnumt, and so also 
 liave the other legatees; while the other parlies who are interested 
 iti tho estate are all agrei'd that the distribution should take place, 
 and t iko j)lace immediat(dy. For my own part, I have never voted 
 for any measure; nu»r(; elicerfuUy, or with a str^r.ger conviction in 
 my mind that 1 Avas doing Avhat was right and just, and for the 
 
 I best interests alike of the juddic and of the parties more imme- 
 diately interested, than 1 do on the ])rcsont occasion. I shall 
 
 • cordially 8U])pcrt tlu! l>ill. (ilcar.) 
 
 A vote was then taken on the Amendment of Mr. Richards for 
 the three months' hoist, which was lost— 13 voting for it, and 60 
 against, and the Bill was reported to the House. 
 
 \'. I'fjuu ihc. thli-it rnnlliKj of ihr BUI, tlw Hon. Mr. IlicnAuns 
 moved a J'lirthrr antrmhacut, when in anmver thordto 
 The lion. ]\Ir. Wood .said he Avould not discuss the opr'n- 
 ions that had been olfered by lawyers in the matter of this 
 Will. He had come to the (iondusion to which every gentleman in 
 the House luul come, with the exception of the Commissioner of 
 Crown Lands, that neither Mr. Goodhue, tho Testator, nor Mr. 
 Becher, had any proper conception of wnat the words of the Will 
 incwt. It was a mo.st singular thing tliat nobody had put down in 
 
n 
 
 1^ 
 
 \\ 
 
 ' 
 
 i 11: 
 
 I 
 
 1'4 
 
 writing tho instructions Mr. Becher had received when he drew u]> 
 tho Will. The instructions lie (Mr. Wood) thoug?\t were verbal, 
 and were dilated, and when tho gentleman who drew up tho Will 
 hud disposed of the six settlements, and canic to provide for the 
 widow of the Testator, he found that ho had more money than he 
 knew what to do with, and so rolled it up in tho Will. Tho Com- 
 missioner said that Mr. (Jdodhuo knew precisely what his words 
 meant. In that case, then, would it iiot have been very easy for 
 him to have said that all liis property should ho allowed ia accu- 
 mulate, and that his children should not enjoy it] Tho Commis- 
 sioner of Crown Lands had impugned tho integrity of a great many 
 members of the House. 
 
 Hon. !Mu. Ricilvrdh — Xo, no. 
 
 Hon. Mu. AVood said that he did not object to tho C'ommissioutr 
 lobbying, and he had seen him discussing this matter with several 
 gentleman. The interests of the community demanded that real 
 property should not be locked up, as it would bo were this I>ill n(jt 
 passed. Out of all the Will cases that had been before the old 
 Parliament, the Dominion Parliament, and this one, he had never 
 heard it stated that the interests of any individual had suffered- 
 The Commissioner himself had, two sessions ago, carried a Bill 
 which was not only prospective but retrospective, and he (Hon. Mr. 
 Wood) did not see how he could consistently oppose this Bill. 
 The tendency of legislation was not to interfere with the enjoyment 
 of property, but to allow those entitled to it to take possession. 
 In this case that principle might bo safely adopted, and the chil- 
 dren should have the enjoyment of the property, saving the rights 
 of the widow. 
 
 Mr. Coyne also pointed out the erroneous statements of Mr. 
 Richards, in assuming that the Deeds of Settlement were the pro- 
 visions made for the children, while in truth they were for the 
 grand-children. 
 
 The amendment was lost, by a vote of 7 for, and 45 against it ; 
 and the Bill was then read a third time, and finally passed. 
 
Vr. Mrs. Goodhue's rlewn in'fl he seen Jrom thi; /ii/'oiviiii/ Idtcy . 
 " My dear Mb. Cahling, — 
 
 '* My only excuse for troubling you with these few lines is my 
 iiuxioty about the success of the Act, Avhich I thank you Acry much 
 ibr undertaking on my children's behalf, and wishing that you should 
 know from myself that I thoroughly and most heartily join in what 
 is asked for in the deed which I have signed. 
 
 "I am quite satisfied that the proposed arrangement by whioli 
 the children v.'ill receive their father's property will carry out what 
 I know was his wish and intention, my income being secured to me, 
 for I feel most strongly that it was only to secure my inconui that 
 the property was not left directly to our children on my Imsband's 
 decease. I am perfectly satisfied with tlie amount to be retained 
 by the Tnistees to secure my income, and I trust that my children 
 may be allowed to share equally the remainder of the property. 
 " Thanking you again for so kindly interesting yourself for us, 
 " I remain, most sincerely yours, 
 
 "Louisa (Joodhuk. 
 ''Wavcrhj Ifnil, 2nd Dec, 1.S70." 
 
 And long before any question had arisen, and while Mr. Eechcr 
 wiis expressing his desire to aid in the contemplated division, as 
 shown by the following letter, Mrs. Goodhue made her solemn de- 
 claration, 'a copy of which will follow. 
 
 Mr. ]>echkk's Leffi'f : 
 
 LoNuox, 10th Feb., 1870. 
 
 "My Dear Sir,— 
 
 1 only returned from Toronto last night, or your letter 
 
 of the 8th instant would have been more promptly answered. 
 
 "As regards the question you put to me, whether I will assist 
 
 you and Mr. Watson in endeavoring to induce the Legislature t<»- 
 
 pass the Act you mention, in relation to Mr. Goodhue's Will, I can 
 
 only say, not quite comorehending the provisions you detail, that I 
 
 shall be very glad if you can obtain an Act which shall, Avith due 
 
 regard to Mrs. Goodhue and the other annuitants' interests, hasten 
 
 the division of the bulk of Mr. Goodhue's property among those 
 
'><; 
 
 i. 
 
 r I! 
 
 who at prcsL'iit would he his residuary Icgatcos— I moan his six 
 children. 
 
 " I do nut I'ecl that it wouM be proper for nin to take any part in 
 the endeavoring to obtain such an Act ; I can only say that its pro- 
 visions ^■/o^^ld afford me very great satisfaction. 
 
 " I am at length enabled to send you a Lithographed i;opy of Mr. 
 <,loodhue's Will. 
 
 "Yours very sincerely, 
 
 . TTexuy (". li. I'kciikk. 
 
 V. W. Thomas, E.sy.. iVc. 
 
 " Will you be good enough t(» .send nie Mr. Watson's address ?" 
 
 ^ 
 
 Mrs. (JooimiK's Declaration : 
 
 PROYTNCK OK ONTARIO. 
 
 <;iTY Ol' LOXDO.N, I 
 
 TO wit: ) I, Louisa Ooodiiue, widow ui the late 
 
 Honourable Ge(n-ge Jervis Goodhue, do solemnly declare as follows: 
 
 My late husband, the said Honourable George Jervis Goodhue, 
 freqnently conversed with me prior to the marriage of any of his 
 children, of the manner in wliich he intended to dispose of his 
 property at his death; and he invariably expressed his intention to 
 leave to each of his children an equal share thereof, subject only to 
 an adequate provision for me during my life. Such his intention 
 was distinctly understood between ns, and by his children, who 
 were ahvays led to expect that no part of his estate would be given 
 to them during his life, other than a gift to them, on their marriage, 
 of the furniture for their dwellings; but that on his death the whole 
 estate, subject only as aforesaid, would be forthwith distributed 
 between them. 
 
 Prior to the marriage of his eldest daughter, Louisa M., now 
 Louisa M. Watson, I am aware that my said husband had an inter- 
 view with AValter Watson on the subject of his intended marriage 
 with the said Louisa M.; and at that interview he informed Mr. 
 Watson of such liis intention not to make, during his lifetime, any 
 
27 
 
 provision lor ;i sL'ttloinout upon iviiy of liis cliiKlroii, ollici- than tlii! 
 said f^ift of furnituro; but tliat upon his dcatli liis property would 
 bo divided ccpiidly iunong tboni, and that lie wnuM ofl'cct such liis 
 iiitcntion by liis Will; and I declavij tluit the t'ligagciiiciit of mar- 
 ria;,'o botwcon th(> said Walter Watson and the said Louisa ISl. 
 was contraclod upon ilio faith ol' that understanding, and they 
 were married belicivinj/ that the said jironiise would be carried out. 
 
 Subsequently, and prior to the interniarria!.''e of his daughter, 
 Harriet Amelia, with Francis Wcjlferstan 'J'homas, and again prior 
 to the intermarriage of his daughter, Mary (loinm, Avith Benjamin 
 ' 'rnnyn. siuiilur representations and assnninces were made and given 
 to the said Francis AVolferstan Thonla^i and r>enjan>in Cronyn, 
 respectively, by my said husband ; and such inarriagi;s were con- 
 tracted and entered into on the faith that th(! said promises would 
 be (■,arri(>d into efieci l»y his In-t Will and Testament. 
 
 For many years prior to his decease, my husband endured much 
 sudering, and I believe that for some months prior to his decease 
 his mind had beconu^ very much weakened thereby, and he Avas 
 incapable of sustained thought, especially in business matters in- 
 volving com])lieated details; and thongli in the society of persons to 
 whose presence he Avas not accustomed, he would occasionally appear 
 <-omparatively vigorous in mind, still ii would be for a bi-ief period 
 oidy, and he would ([uickly relapse. 
 
 1 believe that towards the last i:iy husband was impressed with 
 a desire to s(!(nire to me a lit provision during my life, and that by 
 the ])rovisions of his Will he inleuded to secure that to me, and 
 believed that my annuity being secured to me, the residue Avould be 
 divided among his chihlren in equal shares, thereby substantially, 
 as he thought, (somplying with tin premises and assurances he had 
 made and given. 
 
 Prior to the marriage of my daughters, 1 informed each of their 
 respective intended husbands of the intention of my husband as to 
 the disposition of his property Avhicth he proposed to make; and 1 
 can say with certainty that my husband nnide siniilav statements to 
 them all. 
 
 1 desire that relief shall bo given to his and my children against 
 the strict terms of his Will, in order that tlu\ ]iromiscs given by my 
 
! •! 
 
 28 
 
 liusbaml, when in vigoui- of body and mind, may be fuIfilltMl, a?* T 
 lirmlv Lclievc lie intended in the last they should he. 
 
 Tlie above-named Loui.s.v GooniiuK person- \ 
 ally appeared hefore me, .Samuel Uakker, a 
 Notary Public in and for the Province of On- 
 tario, at the City of London, in the said Pro- 
 vince, this twenty-sixth day of April, A.D., [ 
 1870, and signed the foregoing declaration in Ni^xisv (looniii;::. 
 my presence, and solemnly declared the same 
 to be true. In witne^^s and testimony whereof 
 I liave hereunto set my hand and Notarial 
 seal, to serve and avail as occasion may reipiire. 
 
 Samuel Uarkeh. [L.S.] / 
 
 AVe cannot but regret that there should have been any necessity 
 for thus placing on record the material questions connected with a 
 proceeding Avhich, as originally instituted by us, was purely a family 
 arrangement, but Avhich, from the unexpected hostility of Mr. 
 Becher, and the largo amount of the Estate involved, appears to 
 liave become a topic of general discussion, and, as usual in such 
 cases, discussed under much misapprehension. 
 
 We may, however, in conclusion, without admitting their state- 
 ments or views to bo altogether correct, re-print the following 
 editorial comments. 
 
 F. W. TllOMA«, 
 liENJAMIN CrONYX. 
 
 Torcmto, F,-h. 1, 1871. 
 
 From f/ic Ttmnifo GIoIh'. 
 THE (}()ODHUE WILT.. 
 
 Th(5 Goodhue AVill occupied the whole time; of the House last 
 evening, from recess to its rising after midnight. A motion to go 
 into committee of the whole was met by the Hon. Stephen Richards 
 moving the three months' hoist in a long and exhaustive — or, as 
 (me member of the House remarked, "exhausting" — speech in op- 
 position to the measur;^ The eloquence of the hon. gentleman, 
 however, failed tc convince the Legislature that in the present easit 
 the aid of Parliament sliould not be invoked to remedy wliat the 
 
K.^. * 
 
 '-'t» 
 
 applicuiiU I'eul Lu Ito un liijustico, ami ilic auiuiulnR'Ht was deiVati'd 
 on a vote by GO to 13. 
 
 The cliiot' objcctioiis urged against the Hill wire louiided on a 
 Very proper jealousy of reeoursc being had to powers whieh shoidd 
 be used so cautiously and exeoptionally in any ease not proved to 
 be beyond redress in a eourt of law, and partieularly in one involv- 
 ing the private right of a ])Osthiinious disposition of property, 
 always regarded as inviolable, except for some good legal cause. 
 The Attorney-General and the leader (»f the Opposition both voted 
 in the minority, having, no doubt, a high sense of present or ftiture 
 r('S[)onsibility with respect to legislation of this (dass; but, .so far as 
 the case before the House v.-as concerned, the feeling, as shown 
 1»oth by the vote and siteeches delivered, was unanimously in favor 
 of giving the (loodhue family the relief they souglit. 
 
 The fact tiiat the wdiole of the Testator's family concurred in 
 the application to the Legislature removed many of the difficulties 
 that might otherwise have presented themselves in the way of 
 •granting tlieir wishes. It is true that, as urged by the opponents 
 ■of the Bill, the grandchildren might be supjtosed to have rights 
 whieh were thus put in peril; but tlien it was remembered that 
 those children's own ])arents were the promoters, and that they 
 being i)ersons of unimpeachable res])ectabiiity, may fairly be trusted 
 ,to have considered their children's interests eipially with their own. 
 '.riie ])ainful position, too, in which the terms of the AVill had left 
 uMrs. (loodhue, whose fomily wc^re, l)y its provisions, to gain by her 
 ■death, had, nf» doubt, considerable weight with the majority. 
 
 Then, too, the opponent (.f tiie lUll, one of the E.Kecutors and 
 "Trustees, v.-as acting without even the support of his colleague; and, 
 .not (piestioning at all the sense of duty Avhich may have dictated 
 his opposition, it still (;ould not be forgotten that Mr. T^eeher had 
 a very .substantial interest in maintaining the Will, and continuing 
 to control, under its provisions, tlie Avhole of the Testator's large 
 •estate. It will, of cour.se, be nmch to be regretted if the decisi'-n of 
 the House should tend to .'^hake the conlidence usually felt in tin' 
 linality of tcstamentarv avrangoments ; \]u'., [t is probable that, set- 
 ting the general rpiestion a.jlde, the deliision arrived af'i'n this in- 
 stiince will really be a boon;t^ all thoi-^'whoia it^yn.^ ,d'dsi\;ed by ibe 
 Testator to benefit by .lys' 'b«}(juest^. •..'•'..';..'. '.•••:.• 
 
:■.() 
 
 Fi'inii the 'roiuiiitn Li'Ktiii'. 
 THE (lOODHtTK WILL CASE. 
 
 The liCgislaturo, l>y u veto not to bo luistakon, has giveu its 
 sanction to the lUll introduced hy Mr. Curling affecting the Will 
 of the late lion. Cl. J. Goudhuo. Ilov.'cver much one may dislike legis- 
 lation of this character, thon; can ho little doubt that in this, case 
 not only has the desire t)f the Testator Ijeen carried out by the Bill 
 which passed to its third reading yesterday, but also the ./ill of all 
 those living interested in its disposition. Mrs. (Joodhue is the only 
 person who could have made objection to the legislation which has 
 Just taken place; and we know, from evidence not to bo misappre- 
 hended or misunderstood, tluit she was exceedingly anxious that 
 the Bill should pass. This fact does much to remove any objection 
 which, on principle, may be taken to legislation of this kind. 
 
 Ft'0)ii the London Atfnuii-i'i: 
 THE GOODliirE WILL (^ASE. 
 
 This JUll, which has duly passed tlie Committee of the Legis- 
 lature, will shortly, we presume, come before the Avhole Houso. 
 It is so reasonable that we see no reason Avhy any one should object 
 to it; especially when all the members of tlie family, including th(i 
 widow, are united in retiuesting it. Tlu; opposition to the Bill is 
 hardly of that disinterested character to entitle it to much weight. 
 The Act only asks the Legislature to confirm the construction put 
 upon the Will by prominent counsel. The promoters go to the 
 Legislature instead of to our courts, to save time, delay, and 
 enormous expense, as in case an appeal were niade to the courts, 
 and decided in favor of the children, the case would probably be 
 carried to the Privv Council. 
 
 From the London Advertiser. 
 THE GOODHUE AVILL CASE. 
 
 The GcipuU^^^V^iJl:.^il^.!y<i3jcrday^«Tjorove the Legislature, was 
 passed bya lui'ge'fiKifjonty. • lifeeJ «lc€«i©H 'amved at gives general 
 satisfaction ijv ^iKis ttt>1,<lStit is: "cj^ii^idCTed* -ihat the measure was 
 
 quite just aiftb fait- .:•..••.-• : :*::.•••.•. .•