which had so long been the subject of discussion and controversy had in
the end a very prominent part in the early history of McGill College. It
was because of the funds derived from them when all other sources of
revenue were exhausted that the trustees of the Royal Institution, and
the executors of the will of James McGill, were permitted to prove in
the courts the legality of the McGill bequest and to prosecute
successfully their claims to his Burnside estate.
In accordance with Lord Bathurst's instructions to the Duke of Richmond
in 1819, the Royal Institution for the Advancement of Learning proceeded
to have the McGill property transferred from the executors of the will
to their own control. They gave a power of attorney to S. Sewell, who
subsequently continued for several years to act on their behalf. But
delay again characterised the efforts of the Royal Institution, and it
was not until January 18th, 1820, that final application for the
transfer of the McGill estate was made to the three surviving executors,
Hon. John Richardson, Hon. James Reid, and the Rev. Dr. Strachan. The
estate was then in possession of Francis Desrivières, the nephew of the
first husband of Mrs. James McGill. He was occupying Burnside House,
James McGill's former home, and he was in control of the lands, products
and rents of the estate. On receipt of the request from the Royal
Institution, the executors wrote to Mr. Desrivières on January 20th,
1820, informing him that a University or College was about to be erected
and established "for the purpose of education as designated in the will
and in conformity to the conditions therein presented," and asking "when
the tract of land and premises now in your possession can be delivered
over without subjecting you to unnecessary inconvenience."
This inquiry was the beginning of a long and wearying controversy which
resulted in protracted litigation and ended finally in an appeal to the
Privy Council. The reply to the above request indicates that the
Desrivières family was not inclined to give up the property without a
struggle. Francis Desrivières wrote, "I beg leave to mention that when
the demand for the property in question is made by the Corporation
referred to [The Royal Institution], I will determine how far a
compliance with that demand ought to take place on my part." The
executors forwarded this reply to the Attorney for the Royal Institution
with the comment "you will perceive that it is evasive." They further
stated their intention to proceed nevertheless with the conveyance,
"which, when completed, will be handed over to you; it will then rest
with your Corporation to pursue such measures as may be considered
proper on the occasion."
Public-domain text, read in full here on John Shaqi.
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