Custody of children -- Fiction; United States -- Social life and customs -- 20th century -- Fiction; Women -- Fiction
"So he says. He claims that Margaret has herself told him repeatedly
that the old woman knows better what to do with the child than she
does."
"As if that proved anything! Every young mother has to learn. The man is
a brute! Will he take Philip at once?"
"Oh, no! A will must always be admitted to probate before anybody can
have any rights under it. And when it is we will be there to contest
it."
"Have you talked with Margaret?"
"No. She is to come to the office this afternoon."
When he laid the case before her there Margaret listened in silence. Her
excitement of the day before was gone. In fact Judge Kirtley would have
been glad to see her more moved than she was. Her calmness seemed almost
like despair.
"I knew he would not do it," she said. "He means us harm."
"Well, just for the present, my dear, I seem to have been unsuccessful,
but I have by no means given up hope of its being compromised."
"What reason does he give for persisting in taking Philip from me?"
"None at all. He simply falls back on the will and says he wants to
carry out his brother's wishes."
"There is some reason," she said positively. "He hates me. For what
cause I cannot tell. I have felt it since the day Victor died. He has
avoided me ever since. I am _afraid of him_. And yet I feel powerless
before a fear that cannot even be defined. Why should he hate me?"
"I think that is imagination. Are you willing to talk with him?"
"Why, certainly."
"Very well then, I shall arrange for you to see him to-morrow--in his
private office."
Then they fell to talking about the will and Margaret said,
hesitatingly, "Judge Kirtley, are you sure it wouldn't make any
difference--Philip's not being born when the will was made, I mean. It
seems as if it must make a difference."
He went to the library and took down the Statute Book, turning to
Chapter XXVII, Section one, and read:
"Sec. 1. ... That when any person hath or shall have any child or
children under the age of one and twenty years, and not married at
the time of his death, that it shall and may be lawful to and for
the father of such child or children, whether born at the time of
the decease of the father, or at that time in _ventre sa mere_; or
whether such father be within the age of one and twenty years, or of
full age, by his deed executed in his lifetime, or by his last will
and testament in writing, in the presence of two or more credible
witnesses, in such manner, and from time to time as he shall
respectively think fit, to dispose of the custody and tuition of
such child or children, for, and during such time as he and they
shall respectively remain under the age of one and twenty years, or
any lesser time, to any person or persons in possession or
remainder, other than Popish recusants:--"
She listened carefully. As he closed the book she said scathingly, "I
don't wonder they put it in a foreign tongue. That would sound very
harsh in English."
Public-domain text, read in full here on John Shaqi.
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