A MASONIC LEGACY.
A CORRESPONDENT sends US the following extract from the
Masonic Record of Western India of 1867,
in the belief that it
may prove interesting to our Masonic readers : —
It will be remembered by our readers that in February
last we referred to a sum of money supposed to have been
left for Masonic charitable purposes.
The following authentic
documents containing all the information on the subject have
now been placed at our disposal. It is not without great
deliberation on the propriety of publishing the testator's
singular will that we print it, however it should be borne in
mind that the will was dated 1793, Even as an item of
Doctors Commons' lore it would tempt an Editor to give it a
place among his collectanea ; but, as our readers are aware,
reports of property available for Masonic interests will always
crop up so long as there be some foundation in fact. We think
by placing the following papers on record in type, we embalm
therein not only the curiosity of a testator's difficulties, as well
as that we rescue a subject buried in musty archives, to be
available for easy reference whenever the coveted bequest shall
again be the object of inquiry.
Territorial Department, Finance.
To H. D. Cartwright, Esquire,
Provincial Grand Master of Western India.
Sir, — I am directed by the Eight Honourable the Governor
in Council to acknowledge the receipt of your letter, dated the
6th instant, and to forward the accompanying copy of a Keport
by the Accountant-General, No. 85, dated the 8th idem, and of
the documents therewith furnished, as containing all the infor-
' mation on his records respecting the bequest to the Masonic
Fraternity alluded to by you. — I have the honour to be, &c.,
H. Young,
Chief Secretary to Government.
Bombay Castle, May 31st, 1858.
Territorial Department, Finance.
I have the honour to submit, for the consideration of his
Lordship in Council, copies of the undermentioned letters as
containing all the information on my records respecting the
bequest to the Masonic Fraternity alluded to. The course to
be followed for the recovery of the same is stated in Mr.
Standen's letter of the 9th February, 1856.
Letter from Accountant-General to Administrator-General,
No. 1765, dated 5th January, 1856.
Letter from L. Acland, Esq., Solicitor, to Accountant-
General, of same date.
Letter from Administrator-General, to the Accountant-
General, dated 9th February, 1856.
The amount of the estate standing under the head of John
McClure is as follows : —
4 per cent, notes in Sicca . . Es. 40,900
4 per cent. Company's . . „ 7,200
Cash „ 263 9 1
(Signed) E. E. Elliot, Accountant-General.
Bombay, Accountant-General's Office, May 8th, 1858.
Territorial Department, Finance.
Estate of John McClure.
To J. H. Standen, Esquire, Administrator-General.
Sir, — I have the honour to transfer to you the accompany-
ing documents relative to a claim on behalf of an alleged
descendant of John McClure, to his Estate, which has been
transferred to Government under the provisions of Act No. VIII
of 1855, and to request that you will favour me with your
opinion thereon. — I have the honour to be, etc.
(Signed) E. E. Elliot, Accountant-General.
Bombay, Accountant-General's Office, January 5th, 1856.
Bombay, January 5th, 1856.
^, — I am instructed by Mr. Donald McClure, of Glenelg,
in the county of Inverness, to apply to you for the funds lately
transferred to you by the Administrator-General as the estate
of the late John McClure.
The following are the circumstances on which ray client
rests his claim to the estate in question.
John McClure by his will, dated February 12th, 1793,
appointed Messrs. Wedgborough, White, Speak, and Eichardson,
and the Grand Master of the Lodge No. 1 in Bombay to be his
executors, and the will then states as follows : —
" Item having all my slaves and property with me I reckon
them the property of my female companion at my decease, but
as I am in a land of liberty I don't consider them as slaves but
servants.
" Item my ready money I divide into four equal parts as
follows : —
"1. To an orphan named William Boss.
" 2. To one ditto named James Mallick.
" 3. To a female named Elizabeth Fennel, whom should I
have children by her they will share equally with the other
legatees and herself
" 4 To a child named Margaret by a Malabar other this child
is to be allowed interest of half my fortune for her education
four years the other half to accumulate for the benefit of the
legatees should any of the legatees die that share shall descend
to the others so as the longest life take the whole and at the
death of all the above legatees the whole shall descend to
Bombay Lodge No. 1 for the benefit of Master Masons' illegiti-
mate children and upon the accounts of my death one-tenth of
my fortune shall be allotted for that purpose.
"I have remitted home £500 for the benefit of my mother
for her natural life.
" Three of the foregoing legatees are with me, and I entrust
the education of the other to my Executors and Mr. Samuel
Speak who has the care of him for the present."
The Testator made a codicil to his will, dated February
10th, 1795, which was as follows : —
" Sir, — By this deed I appoint you my joint Executor with
Mr. John Wedgborough, in case of any accident to me you will
act for the benefit of my legatees mentioned in my former will
and power including my only son George, born at Palm Islands
to share a moiety of my effects whatever they are.
" You will make a demand on the resident of Boure for the
contents of the enclosed Bond and recover what is due to me
from the new Albion Company."
The above was addressed to Thomas Watkin Court. The
Testator died in 1796, and the will was proved by all the
Executors except the Grand Master of Lodge No. 1 Bombay.
The Codicil was proved at Calcutta by Thomas Watkin Court.
The Executors retained the estate in their hands until the death
of the survivor which happened in 1831, when administration
was taken by the Ecclesiastical Registrar of the Supreme Court,
who transferred the property to the Administrator-General,
who transferred it to you under the provisions of the recent
Act No. VIII. of 1855 regulating the disposition of funds in
the hands of the Administrator-General.
From enquiries made of the Grand Lodges of England and
Scotland it appears there was no Lodge No. 1 in Bombay in
1793 or in 1796, and if there had been such a Lodge the Master
could not have been a Grand Master.
No payments have been made from this since it came into
the hands of the Ecclesiastical Registrar in 1831, nor, so far as
I know, has any claim been made for the fund.
Donald McClure, my client, is the grandson of a brother of
the said John McClure, and as his next of kin has obtained
letters of administration de bonis non with the will and codicil
of John McClure annexed, to be granted to him by the Pre-
rogative Court of the Archbishop of Canterbury, and he claims
these funds on the ground that the residuary bequest for the
benefit of Master Masons' illegitimate children is void on the
grounds of immorality and uncertainty. You will observe that
clause 4 of the will makes no disposition of the moiety of the
property the interest of which is directed to be applied for the
education of the Testator's daughter during a period of four years,
the remaining part of the clause referring exclusively to the
other moiety.
i apprehend that my client's title to receive this money is
sufficiently made out by the letters of administration de bonis
71071 which have been granted to him, but for your further
satisfaction I send herewith copies of declarations made by
Angus Bruce, Norman McLeod, Malcolm McCrae, Donald
McClure, and Malcolm Macrae, also of a certificate signed by
the Eeverend John Macrae, a list of the descendants of Duncan
Eoy McClure, and of a declaration made by my client, which
documents make out my client's claim as next of kin. The
originals are with me, and I shall be happy to produce them for
your inspection, together with the letters of administration de
bonis non, with the will and codicil of John McClure annexed,
letters of administration to the estate of Donald McClure and
Malcolm McClure, the father and grandfather of my client, and
a Power of Attorney from my client authorising me to receive
the Estate in question.
I am, etc.,
(Signed) Lawford Acland.
To the Accountant-Gene
Estate of John McClure, deceased.
To the Accountant-General, Bombay.
Sir,— With reference to your letter No. 1765 of 1855-56,
requesting my opinion as to a claim to the Estate of John
McClure put forward on the part of certain parties alleging
themselves to be his next of kin, I have the honour to inform
you that I think the case is one for the decision of the Supreme
Court. I find that many other claims have been made to
the Estate at different times and by a great variety of parties,
some representing themselves to be next of kin, others to be
descendants of legatees under the will. For us to determine
which, if any of these claimants have right on their side, would
involve, as appears to me, far too grave a responsibility, more-
over the legal difficulties of construction in the will are very-
considerable and such as I think it is for the Supreme Court
alone to decide.
I am therefore of opinion that the claim of Mr. Acland's
client is not satisfactorily established, and that gentleman
should be advised to proceed by Petition to the Supreme Court,
under the provisions of Section 52 of Act VIII. of 1855. — I
have the honour to be, &c.,
(Signed) James H. Stand'en,
Administrator-General.
Bombay, Administrator- General's Office, February 9 th,
1865.
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