Mr. Hogarth's Will


Volume I.


Chapter I.

The Will

In a large and handsomely-furnished room of a somewhat old-fashioned house, situated in a rural district in the south of Scotland, was assembled, one day in the early summer of 185-, a small group in deep mourning.

Mr. Hogarth, of Cross Hall, had been taken suddenly ill a few days previously, and had never recovered consciousness so far as to be able to speak, though he had apparently known those who were about him, and especially the two orphan nieces whom he had brought up as his daughters. He had no other near relations whom any one knew of, and had never been known to regret that the name of Hogarth, of Cross Hall, was likely to become extinct. He had the reputation of being the most eccentric man in the country, and was thought to be the most inconsistent.

With the highest opinion possible of women, and the greatest pleasure in their society, he had never married; and with the greatest affection for his nieces, and the greatest theoretical confidence in them, he had hedged them about with countless laws and restrictions, and had educated them in a way quite different from the training of young ladies of their rank and prospects. He had succeeded two childless elder brothers in the possession of the estate; and Jane and Alice Melville were the only children of his only sister, who had been dead for fifteen years.

The funeral had just taken place, and the two girls had been summoned into the drawing-room to hear the will read by Mr. MacFarlane, the Edinburgh lawyer, who had drawn it out. They found in the room Mr. Baird, their uncle's medical attendant, and a stranger whom they had never seen before—a tall, grave-looking man of about thirty-four, whose mourning was new, and who showed a deep interest in what was going on.

Both the man of law and the man of medicine looked nervous and embarrassed, and delayed proceeding to business as long as they possibly could; fumbling with knots of red tape; opening the closed curtains to admit a little more light, and then closing them again, as if the light was too strong; so that the sisters had time to look at the stranger, and to wonder who he was and what his business could be there. He also seemed to be taking notes of the young ladies in a quiet, timid manner.

At last the will was opened, and after the usual preamble, the lawyer's voice seemed to break a little. He cleared his throat, and continued in a lower tone——

"As I have come to the conclusion that the minds of men and women are radically the same, and as I believe that if the latter are trained in the same way as the former they will be equally capable of making their own way in the world, I have acted upon this principle in the education of my two beloved nieces, Jane and Alice Melville, the only surviving children of my sister Mary Hogarth; and as I foresee that if I were to leave them wealthy heiresses my purpose would be completely thwarted, by Jane losing her independent character, and Alice sinking into a confirmed invalid, and by both being to a dead certainty picked up by needy spendthrifts, who will waste their fortunes and break their hearts, as their father, George Melville, served my poor foolish sister, I hereby convey and dispose all my property, whatsoever and wheresoever, heritable and moveable, to Francis Ormistown, otherwise Hogarth, at present head clerk in the Bank of Scotland, who is my son by a private irregular marriage contracted with Elizabeth Ormistown, on the ninth day of July, 18—, and who is my heir-at-law, though he would find it difficult to prove his claim, as he knows nothing of the relation between us, and as the only party besides myself cognizant of the marriage dares not come forward to prove it, but whose progress I have watched with interest, who has made an honourable position for himself, without any assistance from me beyond a good education, who has served faithfully, and who is likely to rule uprightly, who has raised himself from nameless poverty, and whom, therefore, I judge to be worthy of wealth and honour: Provided always, that he shall pay to Jane and Alice Melville, my beloved nieces aforesaid, the sum of twelve pounds a year each, in quarterly payments in advance, for three years following my decease, when such payments shall cease, as by that time I believe they will be independent in circumstances: Provided also that he shall give to the said Jane and Alice Melville, the furniture and personal effects belonging to them, as mentioned more particularly in the schedule marked A, appended to this instrument; and that he shall give to the said Jane and Alice Melville no further assistance either in money or in money's worth, directly or indirectly, whatsoever: Also providing that the said Francis Ormistown, otherwise Hogarth, shall not marry either of his cousins; the marriage of such near relations being mischievous and improper.

"In case of any of these provisions being disregarded by the said Francis Ormistown, otherwise Hogarth, all my heritable and moveable property shall be divided among certain benevolent institutions, in the order and manner set forth in the schedule marked with the letter B.

"All these provisions I have made, as being the best for my surviving relatives; and I believe they will eventually acknowledge them to be such."

It would be hard to say which of the three parties interested, felt most astonishment at this extraordinary will. Jane Melville stood rigid and silent, with her face flushed and her eyes filled with tears, which she would not let fall. Alice's face lost all colour, and she seemed ready to faint. But the greatest excitement was shown by the fortunate legatee. He shook from head to foot, steadying himself on the table—looked from the two girls to the two gentlemen with bewildered eyes—and said at last with difficulty, in a low, soft, tremulous voice——

"Was Mr. Hogarth in his senses when he made this will?"

"A little excited, but indisputably in full possession of his senses, strange as the will appears," said Mr. MacFarlane, the lawyer; "and Mr. Baird will corroborate my opinion."

Mr. Baird bowed his head affirmatively. "Quite true—his head was quite clear at the time. The will was made six weeks ago, and you, Miss Melville, know how well he was then. Very grieved, indeed—most inconceivable conduct—cruel—inconsiderate. I feel deeply for your disappointment. Try not to give way, Miss Alice—or perhaps you had better give way, it may relieve you. Mr. MacFarlane tells me that he remonstrated with Mr. Hogarth. Most painful duty—must obey instructions, of course. Your uncle seemed like adamant. I pity you with all my heart."

"And so do I, with all my heart," said Mr. MacFarlane.

"And does no one pity me?" said the low voice of the heir to all; but it was unheeded, for Alice had fainted. Her sister and Mr. Baird laid her on the sofa, and applied the usual restoratives.

Mr. MacFarlane began to speak in an undertone, to the new master, of the extent and value of the property he had thus suddenly come into possession of, and congratulated him rather stiffly on the turn of fortune that had raised him from a life of labour and comparative poverty to ease and affluence; but his embarrassment was nothing compared to that of the man whom he addressed. Francis Hogarth looked round the spacious room, and out of the window to the pleasant shrubbery and smooth-shaven lawn, and shuddered when he thought of the two young cousins, brought up apparently in the lap of luxury, who were to be turned out upon the world with 12 pounds a-year for three years. The elder sister seemed to have a vigorous and robust constitution, but the younger looked delicate. He saw, in his mind's eye, two governesses, dragging out a weary and monotonous existence, far from each other, while he, possessed of superabundance, was debarred from helping them.

He advanced timidly to the sofa. Alice, who had recovered consciousness, covered her face with both her hands, and sobbed aloud. Jane turned towards him a glance, not of reproach, but of pity. He felt it, and took her hand.

"Believe me, Miss Melville, no one can regret this extraordinary will as I do. I will overturn it, if I possibly can."

"You cannot," said Jane; "it is quite in keeping with all my uncle's ideas—quite consistent with all he has told us over and over again. He had many strange notions, but he was generally in the right, and it MAY prove to be so now." The sigh that accompanied these words told how faint her hopes were.

"It has been positive unkindness to bring you up as he did, and now to throw you upon the world. My beginning was different. How could he expect the same success for you—women, too?"

"And are women so inferior, then? It was my uncle's cherished belief that they were not. He said he never saw a woman take up man's work without succeeding in it. I must try to show that I will be no exception. He was not unkind to take us on our mother's death from a careless and unprincipled father, to bring us into a quiet and happy home, to educate us to the best of his judgment, to be always kind, always reasonable. Ah, no, my dear uncle, though this seems very hard, it was not meant for unkindness!"

"It is cruel, cruel," said Alice. "He must have been mad. What will become of us? What will become of us?"

At this burst of despair from Alice, Jane's courage gave way, and the heavy tears rolled down her cheeks. "Elsie, darling, at the worst we can only die, and we are not afraid of death. But no, we shall live to conquer all this yet."

"You cannot as yet lay any plan," said Mr. Macfarlane. "Mr. Ormistown—Mr. Hogarth, I should say—is in no hurry to take possession. You can have a month to look about you, and there is no saying what may turn up in a month."

"Certainly," said the new cousin; "I am sure I should be most happy to give the young ladies accommodation in this large house for as long as they please, if that is not forbidden by the will."

"A permanent residence is clearly forbidden; for no assistance, beyond the small money payment specified, Can be offered or accepted; but I think a month to remain and to collect all their wardrobe and personal property may be permitted."

"I ought to return to the bank, and work till they find a substitute, and will leave my cousins the undisturbed possession of Cross Hall for a month. In the meantime, I feel as if my presence must be a painful intrusion. I must leave you."

"Perhaps," said Jane, "though you cannot give us money, you may be able to give us advice. You are going to Edinburgh; you may see or hear of something we could do."

"I should be most happy to do so. What line of life should you like to enter on?"

"Anything we could make a living by."

"Then I suppose a governess's situation?"

"I might teach boys, but I have not learned what would qualify me to instruct girls. But I do thoroughly understand bookkeeping, write a good hand, have gone through Euclid, and know as much of the classics as nine out of ten young men in my rank of life. But my uncle cared very little for the classics. I know a good deal of chemistry and mineralogy, but uncle was most pleased with my bookkeeping. How did you get on when you began to work for yourself?"

"I entered the bank as a junior clerk, at the age of sixteen, and got 30 pounds for the first two years. An unknown friend—I know now who he was—who had paid for my education and all other expenses previously, sent me 12 pounds a year for three years to help out my earnings."

"And you could live on that?" said Jane.

"I did live on it somehow," said Francis. "My coats were very threadbare and my meals scanty, but I weathered these three years, and then I got a good step, and crept up gradually. I have been now in this same bank for seventeen years, and am at present in the receipt of 250 pounds a year, thinking myself rich and fortunate;—now I am rich and unfortunate. Why did not my father leave me to the career I had made for myself, and you to the inheritance you had been brought up to expect?"

"Thirty pounds a year to begin with," said Jane, half aloud; "250 pounds after seventeen years' work. Very sweet—all one's own earning. I am not afraid, only let Elsie keep up heart."

"I cannot," said Elsie; "I'll be dead long before seventeen years are over."

"I will take good care of you," said Jane.

"How are you to take good care either of yourself or of me if we are starving?" said Elsie, with a fresh burst of tears.

"We will do our best. So you are going, Mr. Hogarth. Write to me if you can hear of anything for me. I will be much obliged to you. Good-bye."

Jane shook hands with her cousin kindly, and soon after Mr. MacFarlane, and Mr. Baird also, withdrew, leaving the sisters alone. Elsie wept till she was completely exhausted, while her sister sat at the table with pen and ink and paper before her, but writing nothing.

After a while Elsie started up from the sofa. "Jane," said she, "if we were to marry, it would put an end to all this perplexity. It was strange that uncle put in the clause forbidding us to marry that man. Neither of us would demean ourselves so much, but uncle disliked the marriage of near relatives. How strange that so little is said about the mother. I could not look at him, but you did. Is he like his father? My uncle was a very handsome man; I fancy this man is plain."

"I see little or no likeness to my uncle, but he is by no means plain-looking."

"Will he get into society? Do they consider such people legitimate?"

"The marriage was irregular, but legal," said Jane. "I see now the cause my uncle had to dislike the Scotch marriage law. He must have been made very miserable from some unguarded words spoken or written; but this does not prevent his son taking the position of a legitimate heir. He is quiet and unassuming, and will take a very good place in society."

"It was well," said Elsie, with a faint laugh, "that this clause was inserted, for you seem to be in some danger."

"Not at all; but we were thrown together in very extraordinary circumstances, and I could not help feeling for his position as he felt for ours. Nor could I help asking for advice from him. I agree with my uncle about cousins. He was right there, as he always used to be. At least, he brought me up to think like him, and I can scarcely believe that what he has now done is wrong."

"But, Jane, setting this cousin out of the way, what do you think of William Dalzell?"

"I was just thinking of him when you spoke," said Jane, resolutely.

"Uncle must have had him in his mind when he mentioned fortune-hunters in his will, for he never seemed to like him coming here so often; and just six weeks ago I had been going out riding with him every day. You said you were not well, and would not accompany us. I suppose I was giving him what people consider a great deal of encouragement. If my uncle had said plainly that he disapproved of the intimacy, I wonder if I would have given it up? Perhaps not—one does not like to be dictated to. It appeared to myself so strange that he should prefer me to you. And now I recollect that my uncle must have paid his last visit to Edinburgh just before he made his will; and there he would see this young man filling his place in the world so well, while I was behaving so foolishly. The contrast must have struck him, and he certainly has put an end to everything between Mr. Dalzell and myself."

"Oh, Jane, he is no fortune-hunter; this will make no change. If you marry him you must take me home with you, and tell him it is what I deserve for standing his friend so well."

"My dearest Elsie, you have talked a great deal about Mr. Dalzell, and I have rather foolishly listened to it, but that must be stopped now. I know he is poor; he thought to better himself by a wealthy marriage; and perhaps if I had been left now with 20,000 pounds, with nothing to do and nothing to think of, his agreeable qualities——"

"Well, you own he has agreeable qualities."

"Yes; I have always owned it—they might have induced me to marry him; and you, as the possessor of other 20,000 pounds, would have been a most welcome inmate of our house until you chose for yourself your own home. But now, Elsie, I know William Dalzell is not the man to encumber himself with a penniless wife and a penniless sister-in-law."

"He is not mercenary—I am sure he is not," said Elsie with animation.

"Perhaps he is not positively mercenary; but after all am I worthy of the sacrifice? Look at me, Elsie; even your sisterly partiality cannot make a beauty of me. My turn of mind is not suited to his; I have always felt that; and, above all, I am not very fond of him."

"Not very!"

"No; I have liked him a good deal; but now in this crisis, when we have to begin life in earnest—when I am puzzling myself how to find food and clothing and shelter for you and me—I feel as if Mr. Dalzell's past attentions belonged to another world altogether, so I am putting them aside completely."

"Ah! but Jane, only listen to me. If he were to come now, and lay himself and all that he has at your feet, that would prove that he was no fortune-hunter, but a real true lover, as I always believed him to be."

"He will not do it," said Jane, quietly; and she now began to make some memoranda.

"We have no ornaments, Elsie," said she, sadly.

"No; I never heard you regret the want of them before."

"I should like to have something to sell. Emilia Chalmers has 200 pounds worth of jewellery, most of it left by her aunt. If we had so much, we might convert it into money, and might stock a little shop."

"A shop!" said Elsie, shuddering.

"Why not? One is more independent keeping a shop than in a governess's situation, and there my business knowledge would be of use. It is wrong and absurd to have a terror of a shop."

"I cannot help feeling a great repugnance to shopkeeping."

"Then would you rather be a governess, supposing you were capable?"

"Oh, Jane, that is such a hard life. I should be separated from you; and then one is worried by the children, and snubbed by the parents, sneered at by servants, and ignored by visitors."

"Then dressmaking? You work beautifully."

"The late hours, and the close rooms; do you think I could stand it?"

"I am a little afraid for you," said Jane, thoughtfully. "What would you like to do?"

"Why, I have never thought of doing anything but being with you, working a little, reading a little, going out a little, and having nobody over me but you, my own darling sister. It stuns me to be told that I must go to work for a livelihood."

"I hope we may be able to live together as you hoped, eventually; but in the meantime we must both put our shoulders to the wheel."

"Have we no friends who would give us a home—at least for a while, till we get accustomed to the thought of hard work?" said Elsie.

"We have no relations, and we have made but few friends. I fear no one would come forward to help us now that we need help so much. It is a pity that my uncle kept us so much to himself, and that we were so fully occupied with our own home duties that we had little or no time for society. Now we have no capital for a start, and no friends to help us on, only our talents and our education—a small stock-in-trade, I fear."

In the course of the afternoon the man-servant, James, announced that Mr. Dalzell was below, and that he sent his compliments and wished to know how the young ladies were.

It was not the first visit since Mr. Hogarth's death. He had paid a visit of condolence on the following day, and had never been so affectionate or impressive in his manner to Jane as on that occasion.

"Show Mr. Dalzell upstairs, James," said Jane; "I think I should like to see him."

The man looked somewhat intelligent, and obeyed.

"I cannot see anybody—I am not fit to be seen," said Elsie, retreating in haste from the room; "and indeed, Jane, I wonder at you wishing to see him so soon after this dreadful news."

"He has been at the funeral, I suppose. It is very proper of him to inquire for us, and very imperative that we should understand each other;—the sooner the better. But do not stay if you do not like. I should prefer to see him alone."

Mr. Dalzell was shown into the darkened drawing-room, where he was some time in discovering that Miss Melville was alone. A few of the kind commonplaces which had been so successful on his previous visit—remarks on the loss she had sustained, on the excellent character of her deceased uncle, and on the necessity of bearing the blow with fortitude, which her strong mind was quite capable of—were made by Mr. Dalzell in unconsciousness that they fell very differently on Jane's ears now. Jane asked for his mother, and heard that she was very well, and sent her kindest regards and condolences, and hoped that the Misses Melville would be able to see her on the following day.

"Were there many people at the funeral?" asked Jane.

"Oh yes, a great man; Mr. Hogarth was so extensively known, and so much respected."

"Were there any strangers?"

"Several—to me," said Dalzell.

"Did you observe no one in particular?"

"Yes, a gentleman from Edinburgh, said to be a PROTEGE of your uncle's, who took rather a prominent place on account of there being no male relative surviving."

"Have you heard," said Jane, with an effort—"have you heard anything of the will?"

"Nothing whatever—did not think it proper or delicate to inquire, though I saw Mr. MacFarlane after it had been read. It is a matter of no consequence to me how Mr. Hogarth has left his property. My feelings will be quite the same towards——"

"Stop," said Jane; "my uncle has left his entire fortune to this stranger from Edinburgh, who is his son by a private marriage. Elsie and I have had an education, and must make the best we can of it."

"Miss Melville, this is incredible—quite incredible. You are merely trying me. Mr. Hogarth was incapable of such madness and injustice. It is not treating me well to play upon me in this way."

"In proof of what I say, here is a certified copy of the will—the final will—executed six weeks ago, when, as you know, my uncle was perfectly well both in body and mind. It is incontestable."

The bewildered young man tried to read the paper put into his hand, but he could not follow the written words. Jane's sad face and her manner convinced him, however, that she was telling him the truth.

"Now," said Jane kindly, "you have talked a great deal of nonsense to me when my position was very different; but I am quite aware that things are altogether changed. I will not feel at all hurt or angry about it. We part perfectly good friends. But you cannot afford to marry a wife without money, and I should be sorry to be a burden to any man."

William Dalzell looked at the girl he had fancied himself in love with for the last few months, and felt that his love had not been of a very deep or absorbing character. If the two girls had been equal favourites of their uncle's, his choice would have fallen on Elsie, who was prettier, more elegant, more yielding, and, as he thought, more affectionate. Her impulsive and confiding manner, her little enthusiasms, her blunders, were to him more charming than Jane's steady good sense and calm temper. Jane never wanted advice or assistance; she was too independent in mind, and too robust in body, to care much about little attentions, though she had become accustomed to his in the course of time, and as there was no other person to compare him with, had allowed herself to think a good deal of him. Mr. Hogarth had always shown so marked a preference for Jane, and had so often expressed displeasure and impatience at Elsie's deficiencies; his property, not being entailed, was entirely at his own disposal, so that it was probable that Jane would be left the larger share of it, while if he made love to Alice it was quite possible that she would be disinherited altogether, for he knew that he was not a favourite with the old gentleman. He did not think that anything could shake Mr. Hogarth's confidence in Jane, and he had been very careful in feeling his ground sure before he made a formal proposal. He had tried to persuade himself that Jane's face was charming, though not regularly handsome; so it was to some people, but he had not eyes to see the charm. Her figure was undeniably fine, her temper good, her principles to be depended on. Her education had been peculiar, and singularly secular—his mother had felt a little shocked at her want of religion—but then Mr. Hogarth was very odd, and when she was married she would see things differently; and on the whole Mrs. Dalzell felt that her handsome son had chosen with great prudence and good sense in fixing his affections upon the elder and the favorite niece. His small property was heavily encumbered, and such a marriage would make him hold up his head again in the country. Mrs. Dalzell's attentions to Jane had been nearly as assiduous as her son's, and to the motherless girl they were quite as welcome; and she had shown so much affection for Alice, too, that both sisters had been very much captivated with her.

William Dalzell felt Jane's kindly-meant speech as a sort of reproach. He would have preferred to make a speech himself, and to have seen her more agitated. Though he had never thought himself very much in love, he believed he had inspired a strong love, and that it would be very hard for Jane to give him up. But things were completely taken out of his hands; she did not even now, in the first pain of parting, dream of breaking her heart. She was his superior, painfully his superior, and he did not like it.

"You are quite right, Miss Melville," said he; "what you say is quite true. I am involved and embarrassed, and could not offer you anything worth having."

"And I will make my own way in the world," said Jane; "and, William Dalzell, do not be hurt if I give you one friendly piece of advice on parting—try to make your own way in the world too. Shake yourself clear of your own embarrassments by your own industry—a far better way than by marrying a rich wife."

She looked very kindly at the young man as she spoke, but he did not take the advice in the friendly spirit in which it was given. He answered rather shortly, that he dared to say he would do as well as other people, and then began to ask what she knew about the heir, if she had ever seen him before, or heard Mr. Hogarth speak of him. She answered——

"No, never; but I cannot answer questions. I cannot converse rationally any longer. You had better go away, Mr. Dalzell, and let me have a little rest, for I am rather weary."

The young gentleman stumbled down stairs, and rode home ruminating over the downfall of all his cherished expectations; while Jane said to herself, "It is over, and it is better so. He really is a smaller character than I thought he was."




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