Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
“All else that I possess, I give and bequeath to my dear wife, to be
used for her benefit and that of our dear children, whom God bless,
guide and preserve.
“With my farewell love and blessing,
“To all friends,
“THOMAS HOOD.”
WILL OF LORD HOWDEN
Hamilton _v._ Dellas.--Before Vice-Chancellor Sir James Bacon.--The
loss, vexation, and complexity so frequently occasioned by intestacy,
was in a partial measure manifested by the lapse in the will of the late
Lord Howden, and serves in good stead to show how guarded persons should
be to see, not only that they leave a properly prepared and executed
will, but likewise that no lapse is left unsupplied. In the case of Lord
Howden, although the lapse was only trifling, considering the vast
wealth of his lordship, yet it was represented by a considerable amount.
The case is a very curious one, as Lord Howden held a very high status
in England, being a peer of the realm, and had taken the oath and his
seat in the House of Lords; he was also a G.C.B., lieutenant-general in
the army, and Deputy-Lieutenant for the County of York. Notwithstanding
all these ties, in 1850 he sold his estate at Grimston Park, in
Yorkshire, and all his real estate in England, and went to Spain as
Minister Plenipotentiary, in which position he continued till 1857, when
he went to France, and resided on an estate near Bayonne, which he
acquired about that time, and where he built a château called “Casa
Caradoc,” in which he generally resided up to the date of his death. In
1863 he visited Scotland, and then wrote a letter declining to come to
England, and expressing his intention of never doing so again; he
likewise, in certain legal proceedings taken in England, claimed to be
domiciled in France, _sine animo revertendi_. Lord Howden had made
separate wills relating to his personal property in England and in
France, and the confusion arose respecting one-fourth of that in
England, the person to whom it had been bequeathed having died during
his lordship’s lifetime. The question was to whom this undisposed of
personalty should belong, as by English law the whole of it would pass
to Lady Rose Meade, as his lordship’s nearest relation and sole
next-of-kin, while, according to French law, a moiety only would pass to
Lady Rose Meade, who was his lordship’s nearest relation on the father’s
side, and the other moiety amongst his lordship’s nearest relations on
the mother’s side. The case therefore rested on the point, whether Lord
Howden’s domicile was English or French at the time of his death, and
the Vice-Chancellor said that, in the absence of authority, he should be
sorry at this time of day to decide that a peer could not take up his
permanent residence abroad. There was nothing to prevent any one, be he
peer or peasant, from leaving the country to reside abroad. He then
distinguished the cases of persons actually officers in the army, and
the cases known of an Anglo-Indian domicile. On the facts, he said, it
Public-domain text, read in full here on John Shaqi.
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