rnment. On November 10th, 1836, a memorial
on the subject of the legacy was forwarded to the Colonial Office by Dr.
Strachan, one of the surviving Executors of the will of James McGill. He
pointed out that the original bequest had increased by the accumulation
of interest to L22,000. This amount together with the Burnside Estate
would, he said, be transferred to the Royal Institution when two
conditions were fulfilled--first, the contributing by His Majesty's
Government towards the erection and endowment of the proposed
University, and second, the carrying out of the intention of the
testator, to which Dr. Strachan stated himself to be a living witness,
that the proposed College should be essentially Protestant. To this
Memorial the Colonial Office replied that the will did not stipulate for
a contribution from His Majesty's Government towards the proposed
University, and added "nor can we perceive any disposition on the part
of the testator to impress on the Institution to which he so liberally
contributed a character of religious exclusiveness.... The testator did
not in his will either directly or indirectly introduce such a
condition, and adverting moreover to the even-handed liberality with
which his bequests were distributed between the poor Catholic and
Protestant inhabitants of Montreal, we apprehend it would be impossible
to impose such a restriction founded on mere verbal testimony as to the
intention of the testator.... His Majesty's Government cannot now advise
His Majesty to reconsider it for the purpose of narrowing the Charter of
1821." In November, 1836, the Board conveyed to the Governors of the
College the possession of the Burnside Estate, subject to the Board's
subsequent approval of all decisions affecting it. But the controversy
between the executors and the Colonial Office over the conveyance of the
funds, which the heirs had not yet given up, continued for several
months. It was not until October 20th, 1837, that the litigation finally
ended. In December following, a transfer of all monies, investments,
etc., was obtained by the Trustees of the Royal Institution, estimated
at the value of L22,000, the amount of the legacy and accrued interest,
and yielding an income of between L800 and L900. But in the meantime the
College suffered and its progress was retarded.

There were other worries than those of buildings and charter and
endowment fund. Since the College was opened in 1829 no repairs had bee