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Extract from the Will of Hon. James McGill

“I give and devise all that tract or parcel of land, commonly called Burnside, situated near the city of Montreal aforesaid, containing about forty-six acres, including an acre of land purchased by me from one Sanscrainte, together with the dwelling-house and other buildings thereon erected, with their appurtenances, unto the Honourable John Richardson and James Reid, of the City of Montreal aforesaid, Esquires, the Rev. John Strachan, Rector of Cornwall, in Upper Canada, and James Dunlop, of the said City of Montreal, Esquire, and to their heirs, to, upon, and for the uses, trusts, intents, and purposes, and with, and subject to, the provisions, conditions, and limitations, hereinafter mentioned and expressed, of and concerning the same, that is to say, upon trust that they the said John Richardson, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them, or the heirs, executors, or curators of such survivors or survivor, do and shall, as soon as it conveniently can be done after my decease, by a good and sufficient conveyance and assurance, convey and assure the said last-mentioned tract or parcel of land, dwelling-house, buildings, and premises, to the Royal Institution for the Advancement of Learning, constituted and established, or to be constituted and established, under and by virtue of an Act of the Parliament of the Province of Lower Canada, made and passed in the forty-first year of His Majesty's Reign, intituled 'An Act for the Establishment of Free Schools and the Advancement of Learning in this Province'—upon and under the conditions, restrictions, and limitations, and to and for the ends, intents, and purposes following, that is to say, upon condition that the said 'Royal Institution for the Advancement of Learning' do and shall, within the space of ten years, to be accounted from the time of my decease, erect and establish, or cause to be erected and established, upon the said last-mentioned tract or parcel of land, an University or College, for the purposes of education, and the advancement of learning in this Province, with a competent number of Professors and Teachers, to render such establishment effectual and beneficial for the purposes intended; and if the said 'Royal Institution for the Advancement of Learning' should so erect and establish, or cause to be erected and established an University, then upon condition also that one of the Colleges to be comprised in the said University shall be named, and perpetually be known and distinguished, by the appellation of 'McGill College'; and if the said 'Royal Institution for the Advancement of Learning' should not so erect and establish, or cause to be erected and established, an University, but should erect and establish, or cause to be erected and established, a College only, then upon the further conditions that the said College shall be named, and perpetually be known and distinguished, by the appellation of 'McGill College'; and upon condition also, that until such University or College be erected and established, the said 'Royal Institution for the Advancement of Learning' do and shall permit and suffer my said wife, and in case of her death, the said Francis DesriviÈres, to hold, possess and enjoy the said last-mentioned tract or parcel of land, dwelling-house, buildings, and premises, and to recover, have, and receive all and every the rents, issues, and profits thereof to and for her and his use and benefit: and upon this other and express condition, that if the said 'Royal Institution for the Advancement of Learning' should neglect to erect and establish, or cause to be erected and established, such University or College as aforesaid, in manner aforesaid within the said space of ten years, to be accounted from the time of my decease, then and in such case the said conveyance and assurance so made to the said 'Royal Institution for the Advancement of Learning' shall, from and after the expiration of the said space of ten years, become and be absolutely null and void, and all and every the estate, right, title, and interest of the said 'Royal Institution for the Advancement of Learning' of, in, and to the said last-mentioned tract or parcel of land and premises shall cease and be determined, and be as completely extinguished as if such conveyance and assurance had never been made or executed: All which conditions, restrictions, and limitations shall, in apt and sufficient language, be fully expressed in such conveyance and assurance. And upon trust that the said John Richardson, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them, or the heirs, executors, or curators of such survivors or survivor of them do and shall permit and suffer my said wife or, in case of her death, the said Francis DesriviÈres, to hold, possess, and enjoy the said tract or parcel of land, dwelling-house, buildings, and premises, and recover, have, and receive the rents, issues, and profits thereof until the making and executing of the said conveyance and assurance so as aforesaid to be made to the said 'Royal Institution for the Advancement of Learning'; and if the said 'Royal Institution for the Advancement of Learning' should refuse to accept and receive the said conveyance and assurance of the said last-mentioned tract or parcel of land and premises, upon the conditions, restrictions, and limitations herein before expressed and directed, of and concerning the same, or should, after the making and accepting of the said conveyance and assurance neglect to erect and establish, or cause to be erected and established, such University or College as aforesaid, in manner aforesaid, within the said space of ten years, to be accounted from the time of my decease, or if, from any legal cause, matter, or thing, the said trust so as aforesaid to convey and assure the said last-mentioned tract or parcel of land and premises to the said 'Royal Institution for the Advancement of Learning,' in the manner herein before directed, should be incapable of being accomplished or carried into effect, or otherwise become, or be, or be deemed or construed to be invalid, illegal, or inoperative, then and in either or any of those cases upon trust, and that they the said John Richardson, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them or the heirs, executors, or curators of such survivors or survivor do and shall, from and immediately after the expiration of the said space of ten years, by a good and sufficient conveyance and assurance, convey and assure the said last-mentioned tract or parcel of land, dwelling-house, buildings, and premises to the said Francis DesriviÈres (if then living), and to his heirs and assigns forever, or if the said Francis DesriviÈres should be dead, then to the legal heirs then living, and to their heirs and assigns forever.

“I give and bequeath, from and out of the rest and residue of my estates, real and personal, movable and immovable, which shall and may remain after the fulfilment and satisfaction of the several legacies in this my Will contained, the sum of ten thousand pounds, current money of the said Province of Lower Canada, to the said John Richardson, James Reid, John Strachan, and James Dunlop, their heirs, executors, or curators, upon the trust, and to and for the intents and purposes, and upon the conditions following, that is to say, upon trust, that they the said John Richardson, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them or the heirs, executors, and curators of such survivors, do and shall pay the said sum of ten thousand pounds (with the interest to accrue thereon from and after the expiration of three years from my decease) to the said 'Royal Institution for the Advancement of Learning,' when and so soon as the said 'Royal Institution for the Advancement of Learning' shall have erected and established, or cause to be erected and established, an University or College upon the last-mentioned tract or parcel of land, herein before directed to be conveyed to the said 'Royal Institution for the Advancement of Learning,' in manner aforesaid, to be by the said 'Royal Institution for the Advancement of Learning' paid and applied towards defraying the expense incurred in establishing the said University or College, and towards maintaining the same after it shall have been erected and established, in such manner and form, and under such regulations as the said 'Royal Institution for the Advancement of Learning' shall in this behalf prescribe. Provided always, that such University or College be erected and established within the space of ten years, to be accounted from the time of my decease: and if such University or College should not be so erected and established within the said space of ten years, then upon trust that they the said John Richardson, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them, or the heirs, executors, or curators of such survivor, from and immediately after the said expiration of the said space of ten years do and shall pay the said sum of ten thousand pounds, with all and every the interest accrued thereon, to the said Francis DesriviÈres, if then living, to and for his use and benefit, or if dead, then to his legal heirs then living, to and for their use and benefit.”