Orley Farm

of Orley Farm first became known to the wearers of the long robe. At that time had died an old gentleman, Sir Joseph Mason, who left behind him a landed estate in Yorkshire of considerable extent and value. This he bequeathed, in a proper way, to his eldest son, the Joseph Mason, Esq., of our date. Sir Joseph had been a London merchant; had made his own money, having commenced the world, no doubt, with half a crown; had become, in turn, alderman, mayor, and knight; and in the fullness of time was gathered to his fathers. He had purchased this estate in Yorkshire late in life⁠—we may as well become acquainted with the name, Groby Park⁠—and his eldest son had lived there with such enjoyment of the privileges of an English country gentleman as he had been able to master for himself. Sir Joseph had also had three daughters, full sisters of Joseph of Groby, whom he endowed sufficiently and gave over to three respective loving husbands. And then shortly before his death, three years or so, Sir Joseph had married a second wife, a lady forty-five years his junior, and by her he also left one son, an infant only two years old when he died.

For many years this prosperous gentleman had lived at a small country house, some five-and-twenty miles from London, called Orley Farm. This had been his first purchase of land, and he had never given up his residence there, although his wealth would have entitled him to the enjoyment of a larger establishment. On the birth of his youngest son, at which time his eldest was nearly forty years old, he made certain moderate provision for the infant, as he had already made moderate provision for his young wife; but it was then clearly understood by the eldest son that Orley Farm was to go with the Groby Park estate to him as the heir. When, however, Sir Joseph died, a codicil to his will, executed with due legal formalities, bequeathed Orley Farm to his youngest son, little Lucius Mason.

Then commenced those legal proceedings which at last developed themselves into the great Orley Farm Case. The eldest son contested the validity of the codicil; and indeed there were some grounds on which it appeared feasible that he should do so. This codicil not only left Orley Farm away from him to baby Lucius, but also interfered in another respect with the previous will. It devised a sum of two thousand pounds to a certain Miriam Usbech, the daughter of one Jonathan Usbech who was himself the attorney who had attended upon Sir Joseph for the making out of this very will, and also of this very codicil. This sum of two thousand pounds was not, it is true, left away from the surviving Joseph, but was to be produced out of certain personal property which had been left by the first will to the widow. And then old Jonathan Usbech had died, while Sir Joseph Mason was still living.

All the circumstances of the trial need not be detailed here. It was clearly proved that Sir Joseph had during his whole life expressed his intention of leaving Orley Farm to his eldest son; that he was a man void of mystery, and not given to secrets in his money matters, and one very little likely to change his opinion on such subjects. It was proved that old Jonathan Usbech at the time in which the will was made was in very bad circumstances, both as regards money and health. His business had once not been bad, but he had eaten and drunk it, and at this period was feeble and penniless, overwhelmed both by gout and debt. He had for many years been much employed by Sir Joseph in money matters, and it was known that he was so employed almost up to the day of his death. The question was whether he had been employed to make this codicil.

The body of the will was in the handwriting of the widow, as was also the codicil. It was stated by her at the trial that the words were dictated to her by Usbech in her husband’s hearing, and that the document was then signed by her husband in the presence of them both, and also in the presence of two other persons⁠—a young man employed by her husband as a clerk, and by a servant-maid. These two last, together with Mr. Usbech, were the three witnesses whose names appeared in the codicil. There had been no secrets between Lady Mason and her husband as to his will. She had always, she said, endeavoured to induce him to leave Orley Farm to her child from the day of the child’s birth, and had at last succeeded. In agreeing to this Sir Joseph had explained to her, somewhat angrily, that he wished to provide for Usbech’s daughter, and that now he would do so out of moneys previously intended for her, the widow, and not out of the estate which would go to his eldest son. To this she had assented without a word, and had written the codicil in accordance with the lawyer’s dictation, he, the lawyer, suffering at the time from gout in his hand. Among other things Lady Mason proved that on the date of the signatures Mr. Usbech had been with Sir Joseph for sundry hours.

Then the young clerk was examined. He had, he said, witnessed in his time four, ten, twenty, and, under pressure, he confessed to as many as a hundred and twenty business signatures on the part of his employer, Sir Joseph. He thought he had witnessed a hundred and twenty, but would take his oath he had not witnessed a hundred and twenty-one. He did remember witnessing a signature of his master about the time specified by the date of the codicil, and he remembered the maidservant also signing at the same time. Mr. Usbech was then present;