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CORRESPONDENCE, &c. :*• • ••• • • • • • I ••• • ... . ;••:••• ...... ; ti m, ' .* , . .„ — , , . , . ; • •• ••... • • • • • rx • ' • • • • '■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- .:•..••.-• : :*::.•••.•. .•