People felt Charles Carroll's mind had deteriorated a bit ["imbecile"] and had been tricked by the family who lived with him - Richard Caton, who married his daughter Mary, never seemed able to be financially strong. To get Carroll's business Latrobe agreed to write the codicil disinheriting any who would contest the new terms giving the Caton side more money and property.
Charles Carroll Harper (1802-1837) and his cousin Charles Carroll III (inheritor of Doughoregan Manor) and their side of the family lost out to the Catons. Although John H. B. Latrobe had studied law under Robert Goodlow Harper, and was very good friends with his son Charles, he didn't seem to think his actions resulting in decades of litigation was the reason for the rift that developed, and blamed Harper's wife for the loss of the friendship. His father, famed architect Benjamin Latrobe, built an amazing spring house in 1812 for his good friend Robert Harper's "Oakland" country home.
Latrobe's side from: John H. B. Latrobe and His Times, 1803-1891. Baltimore 1917, by John Edward Semmes -
"What I am about to record gives me pain; so much so that I have
more than once hesitated to proceed with it. But I owe it to myself—to my
children—to leave some record of circumstances which from others may receive a
very different gloss from that which I will give to them.
"My bosom friend was Charles C. Harper. His father,
General Robert G. Harper, was my father's friend and my friend. When I left
West Point, where I was educated, I entered his office as a student at law. I
was on terms of the most intimate footing in his family. I had a place always
at his table. He gave me his countenance. He spoke kindly of me in the world.
His confidence was mine. In truth I owed everything to him. I followed him to
the grave. I designed his monument and I wrote his epitaph. Charles Harper, his
son, was about my own age and became my bosom friend.
Upon commencing the practice of the law during General Harper's
[the lawyer for his father-in-law, Carroll] lifetime, I had obtained the business of Charles Carroll of Carrollton and his
family, which I enjoyed until the death of Mr. Carroll in 1832. Charles Harper
went to France, as Secretary of Legation to Mr. Rives. While he was in France,
Mr. Carroll gave to his grand-daughter, Mrs. McTavish [Emily Caton McTavish], the Folly Farm on
Doughoragan Manor. The world talked much of this at the time and I wrote the
gossip of the day to Charles, advising him to come home and attend to his own
interests.
During his absence Mr. Caton, Mr. Carroll's son-in-law, brought me one
day a memorandum from which to prepare a codicil to make void the legacy of any
one of the distributees who should dispute any of Mr. Carroll's previous acts. …
Mr. Taney who had done such things heretofore was in Washington… That he [CCarroll] was
imbecile was, I knew, asserted by some. I did not believe it, however.
I immediately wrote to Charles Harper what had been done by me,
explaining to him all the circumstances. I told other gentlemen, the friends of
Charles Carroll, Jr. of Homewood. I made no secret of the codicil.
contrary our friendship was, if anything, more intimate than ever
during the year 1832. I designed the addition to his house at Oakland. I was
constantly there, took my child there, and when I became engaged to be married
to my present wife, Miss Claiborne, he was for a long time the only confidant
that I had. … I went to Natchez and got married. On my return I found Mr.
Carroll dead.
and although he did think, as he now said, that I should not have drawn
it, yet he explicitly declared that it made no change in his feelings. We went
up the Potomac together, slept in the same bed, and our friendship knew
apparently no change. In the spring of 1833 Mrs. Charles Harper returned home
from Charleston, and I called upon her.
He has sacrificed his friend to his wife; and if his wife demanded the sacrifice he could not do otherwise. I feel most deeply the loss of his friendship. I cannot supply his place. Never did I intentionally violate one tie of friendship, never forget an obligation. His conduct showed he did not think that I had done so, until other influences than his own good feelings worked upon him, and he became to me an altered man. I cannot bear him malice, though I think he has wronged me. [Really?? Harper wronged HIM?] I can but wish him well. I hardly think his heart acquits him."
"I think that I was employed in 1831 to dock the entail of
Dougheragan Manor, "The Manor," so called parexcellence, of Charles
Carroll. A deed of bargain and sale to his grandson, with a covenant to stand
seized to the use of Mr. Carroll for life, did it. But the family was a divided
one. A portion of it denied Mr. Carroll's competency to do any lawful act concerning
his estate, and, as I knew how matters stood, it was my intent that the
circumstances attending the execution of the deed should be such as should
clear my reputation as a lawyer in the event of its ever being assailed. There
never was perhaps a deed previous to the signing of which more pains were taken
to satisfy bystanders of the capacity of the maker. The scene was an impressive
one. There were many visitors at the Manor. The Judge who was to take the
acknowledgments, the late T. B. Dorsey, was one of them. All gathered in the
back parlor on the right of the hall at my request, and, seated in his easy
chair in the center of the room, a man of ninetyfour, with a clear, though thin
and passing voice, Mr. Carroll, without being aware of the object of the
conversation, waited to speak of the motives that induced him to break an
estate that had existed for generations, and of the scope and effect of the
instrument he was about to sign. Subsequently, in the course of the litigation
that followed Mr. Carroll's death and growing out of his will, the deed here
referred to was spoken of, but its validity was never assailed, although
portions of the will of prior date were regarded as the act of a man of an
unsound mind."
©2016 Patricia Bixler Reber
Researching Food History HOME
©2016 Patricia Bixler Reber
Researching Food History HOME
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