Jan. 7, 1820.

GENTLEMEN,—­

On the plea of the Decree A, I sought to have transferred to myself the guardianship of my nephew, Carl v.  Beethoven, but was referred by the magistracy to the previous decision.  On my consequent remonstrance the same result ensued.

I find myself the more aggrieved by this, inasmuch as not only are my own rights set at naught, but even the welfare of my nephew is thus utterly disregarded.  I am therefore compelled to have recourse to the highest Court of Appeal to lay before them my well-founded claim, and rightfully to demand that the guardianship of my nephew should be restored to me.

My reasons are the following:—­

1st.  I am entitled to the guardianship of my nephew, not only by his father’s will, but by law, and this the Court of Justice confirmed to the exclusion of the mother.  When business called me away from Vienna, I conceded that Herr Nussboeck should act for me ad interim.  Having now, however, taken up my residence here, the welfare of my nephew demands that I should again undertake the office of his guardian.

2d.  My nephew has arrived at an age when he requires to be trained to a higher degree of cultivation.  Neither his mother nor his present guardian are calculated to guide the boy in the pursuit of his studies.  The former, in the first place, because she is a woman; and as to her conduct, it has been legally proved that, to say the least of it, she has no creditable testimonials to bring forward,[1] on which account she was expressly prohibited from acting by the Court of Justice.  How the Honorable Magistracy could nevertheless again appoint her is quite incomprehensible.  The latter is unfit; because, on the one hand, his office as sequestrator and administrator of houses and lands, occupies his time too much to enable him properly to undertake the duties of guardian to the boy; and, on the other, because his previous occupation as a paper manufacturer, does not inspire me with any confidence that he possesses the intelligence or judgment indispensable to conduct a scientific education.

3d.  The welfare of my nephew is dearer to my heart than it can be to any one else.  I am myself childless, and have no relations except this boy, who is full of talent, and I have good grounds to hope the best for him, if properly trained.  Now I am compelled to hear that he has been delayed a whole year by remaining in his previous class, from want of means to defray the expense, and that his mother intends to remove him from his present school, and wishes him to live with her.  What a misfortune to the boy, were he to become a victim to the mismanagement of his mother, who would fain squander on herself that portion of her pension which she is obliged to devote to the education of her son!