Custody of children -- Fiction; United States -- Social life and customs -- 20th century -- Fiction; Women -- Fiction
Mr. Jarvis testified with great reluctance that while Victor De Jarnette
was, at the time when the codicil was added, in a state of considerable
excitement and strong feeling, he saw nothing about him which would lead
him (Mr. Jarvis) to consider him of unsound mind. The testimony of the
two witnesses to the will was to the same effect.
Men who had had business dealings with him a day, a week, a month
previously were called to the witness-stand and with one voice upheld
his sanity. More than one of them cast a pitying glance at the girlish,
black-robed figure back of Judge Kirtley, and gave this testimony only
because he was under oath.
Servants from his own household were examined as to whether they had
observed anything suspicious in their employer's manner or
actions,--anything that would incline them to the belief that he was of
unsound mind. Not one circumstance pointing toward it was developed.
To all this counsel for the contestant could only offer the testimony of
Mrs. De Jarnette as to his state of passion on that evening; the
unexplained mystery of his disappearance just before the birth of his
child; his sensational return unannounced; and his tragic death. This he
said had been attributed to accident, but it had been by no means proved
that it was not by intention. If it were a case of suicide this would be
contributory proof, at least, that he was not himself six or eight
months after the time of the making of the will. The case of his mother
was referred to briefly, Judge Kirtley giving it as his belief that no
woman who deserted her child was ever in her right mind at the time of
doing it.
As Judge Kirtley spoke of the possibility of her husband's death being
by his own hand, Margaret involuntarily raised her eyes to the face of
Mr. De Jarnette. She was startled to find his black eyes furtively
watching her. As on that day in her own library, a hot flush swept into
her face and then out again, leaving it whiter than before.
Judge Kirtley in his endeavors to keep up Margaret's courage had dwelt
so strongly upon the improbability of the child's being awarded to Mr.
De Jarnette that he had at last inspired her with a belief that the
right would win. As the case proceeded she found her confidence waning,
but she was totally unprepared for the decision.
The Court sustained the will. There was overwhelming proof that the
testator was of sound mind at the time of executing the will; there was
no evidence introduced looking toward undue influence, and no charge
made that the testamentary guardian was an improper person to have the
guardianship of the child. The law, while an ancient one, was explicit
as to the right of a husband in the District of Columbia to make such a
disposition of his child. It had been argued that it was a cruel and
unjust law, but it might be said in reply to this that the surest way to
the repeal of a bad law was to have it rigidly enforced. Therefore, etc.
Public-domain text, read in full here on John Shaqi.
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