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Darwin Correspondence Project

From W. M. Hacon   23 September 1881

18, Fenchurch Street, | London, | E. C.

23rd September 1881

My dear Sir

I have received your letter of yesterday with the draft of your intended new will—and two copies are being made for your execution.1

The clerical error of £1000 being written for £10000 has been corrected.2

My letter to you of the 24th Dec.r 1878 mentioned that Mr Rich’s intended desire or bequest to you might lapse or fail in the event of your pre-deceasing.—3 Nothing can be done by your will to prevent or guard against such a lapse. But Mr Rich has probably done all that is practicable, in regard to the possible lapse, by his will.

The provision for Mrs Litchfields having an absolute power over £3000, in her lifetime, by an endorsement operating “inter vivos” is contained in her settlement. Your will does nothing in regard to this power beyond giving to the trustees as part of the funds bequeathed to them the £3000, over what the power will be exercisable.4

Excepting this sum of £3000, no part of the capital of the funds given to your daughters can be disposed of, by either of them during their lives.—5 They will have power to dispose of their fortunes by will,—except as to the sum of £ 5000 put into settlement by you upon Mrs. Litchfields marriage for her benefit.

The will will be ready to be brought to you for execution on any day you may fix in next week. And if for any reason you would prefer it, I shall be happy to bring it myself. I have a managing clerk (Mr. G. Morris) who has attended you on two occasions & who knows the way.6

I think that it will be better that the old will & codicils should be burnt as soon as the new will shall have been executed.

I am | My dear Sir | Yours sincerely | Wm M Hacon

Charles R. Darwin Esqre

Footnotes

CD’s letter has not been found.
See Correspondence vol. 26, letter from W. M. Hacon, 24 December 1878. In 1878, Anthony Rich had declared his intention of bequeathing some valuable property to CD, and had agreed to CD’s settling this on his children (see Correspondence vol. 26, letter from Anthony Rich, 10 December 1878).
For Henrietta Emma Litchfield’s position with respect to CD’s will, see the letter from W. M. Hacon, 20 September 1881. The term ‘inter vivos’ in a legal context describes a gift made in a donor’s lifetime as opposed to a legacy (OED).
CD’s second daughter was Elizabeth Darwin.
George Horton Morris had visited CD at Down in relation to Horace Darwin’s marriage settlement (see Correspondence vol. 27, letter from W. M. Hacon, 31 December 1879).

Summary

Clarifies some details of CD’s new will.

Letter details

Letter no.
DCP-LETT-13353
From
William Mackmurdo Hacon
To
Charles Robert Darwin
Sent from
London, Fenchurch St, 18
Source of text
DAR 166: 29
Physical description
ALS 4pp

Please cite as

Darwin Correspondence Project, “Letter no. 13353,” accessed on 28 March 2024, https://www.darwinproject.ac.uk/letter/?docId=letters/DCP-LETT-13353.xml

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