The necessary papers for the transfer of the estate, but not the endowment fund,--from the executors of the will to the Royal Institution were finally completed in May, 1820; on June 7th following, the conveyance was effected and the Deed was recorded on August 3rd. It was evident, however, to the executors that difficulties were in the way of securing possession of the property. In a letter to the Rev. Dr. Strachan, written on the 24th of May, 1820, the two remaining living executors, John Richardson and James Reid, said: "We are sorry to say that a general belief prevails, and we fear is too well founded, that Mr. Desrivières, the residuary legatee, means to contest this bequest of his venerable benefactor. If that shall be really his intention, it will speedily be known by a refusal after a formal demand is made by the Corporation for the delivery of possession of the aforesaid grounds and premises,--whereupon a suit will be instituted against him in the October term." To this letter Dr. Strachan replied, "I should hope that Mr. Desrivières will have a greater respect for the memory of his greatest benefactor than to contest a Legacy which goes to establish an institution which he had so much at heart." That the "general belief" and the fears above referred to were not groundless was soon apparent. Formal application for the vacating and the giving up of the estate was made by the trustees of the Royal Institution. The application was curtly refused. Francis Desrivières was in possession of the estate and he determined to remain in such possession until the Courts should decide otherwise. His solicitors based their claim, on his behalf, on the plea that a college had not yet been erected, that no steps had been taken towards its erection, that there was no intention to proceed with its establishment, and that it was now too late to comply with the conditions of the will with reference to time. With respect to the endowment fund, they claimed that they were not obliged to pay it until a college had been actually erected as provided in the will. As a result of these claims, a suit was at once instituted in the Courts by the Royal Institution for the purpose of obtaining possession of the estate, and on October 3rd, 1820, the Board passed a resolution authorising their attorney, Mr. Sewell, to secure the aid of Mr. Stuart as counsel in the case. Mr. Sewell subsequently had the assistance of Mr. Ogden, Mr. Vallières de St. Real, Mr. Griffin, and Mr. Cochrane.