LETTER XXXIII
MR. BELFORD, TO MR. JAMES HARLOWE, JUN. ESQ.SATURDAY, SEPT. 16.
SIR,
You will excuse my plain-dealing in turn: for I must observe, that if Ihad not the just opinion I have of the sacred nature of this office Ihave undertaken, some passages in the letter you have favoured me withwould convince me that I ought not to excuse myself from acting in it.
I need only name one of them. You are pleased to say, that your uncles,if the trust be relinquished to them, will treat with me, through ColonelMorden, as to the points they will undertake to perform.
Permit me, Sir, to say, that it is the duty of an executor to see everypoint performed, that can be performed.--Nor will I leave the performanceof mine to any other persons, especially where a qualifying is sodirectly intimated, and where all the branches of your family have shownthemselves, with respect to the incomparable lady, to have but one mind.
You are pleased to urge, that she recommends to me the leaving to thehonour of any of your family such of the articles as are of a domesticnature. But, admitting this to be so, does it not imply that the otherarticles are still to obtain my care?--But even these, you will find bythe will, she gives not up; and to that I refer you.
I am sorry for the hints you give of an opposition, where, as you say,there might be none, if I did not interfere. I see not, Sir, why youranimosity against a man who cannot be defended, should be carried to sucha height against one who never gave you offence; and this only, becausehe is acquainted with that man. I will not say all I might say on thisoccasion.
As to the legacy to myself, I assure you, Sir, that neither mycircumstances nor my temper will put me upon being a gainer by theexecutorship. I shall take pleasure to tread in the steps of theadmirable testatrix in all I may; and rather will increase than diminishher poor's fund.
With regard to the trouble that may attend the execution of the trust, Ishall not, in honour to her memory, value ten times more than this cangive me. I have, indeed two other executorships on my hands; but theysit light upon me. And survivors cannot better or more charitably bestowtheir time.
I conceive that every article, but that relating to the poor's fund,(such is the excellence of the disposition of the most excellent ofwomen,) may be performed in two months' time, at farthest.
Occasions of litigation or offence shall not proceed from me. You needonly apply to Colonel Morden who shall command me in every thing that thewill allows me to oblige your family in. I do assure you, that I am asunwilling to obtrude myself upon it, as any of it can wish.
I own that I have not yet proved the will; nor shall I do it till nextweek at soonest, that you may have time for amicable objections, if suchyou think fit to make through the Colonel's mediation. But let meobserve to you, Sir, 'That an executor's power, in such instances as Ihave exercised it, is the same before the probate as after it. He caneven, without taking that out, commence an action, although he cannotdeclare upon it: and these acts of administration make him liable toactions himself.' I am therefore very proper in the steps I shall havetaken in part of the execution of this sacred trust; and want notallowance on the occasion.
Permit me to add, that when you have perused the will, and coollyconsidered every thing, it is my hope, that you will yourself be ofopinion that there can be no room for dispute or opposition; and that ifyour family will join to expedite the execution, it will be the mostnatural and easy way of shutting up the whole affair, and to have donewith a man so causelessly, as to his own particular, the object of yourdislike, as is, Sir,
Your very humble servant, (notwithstanding,)JOHN BELFORD.