Ancient, Curious, and Famous WillsHarris, Virgil M. (Virgil McClure)
History
Ancient, Curious, and Famous Wills
Harris, Virgil M. (Virgil McClure)
Wills
After the solemn ceremony
of the funeral this well-cared-for box was opened, but, alas! the will
was not there. How this strange circumstance occurred no one has been
able to furnish any information; but the loss gave rise to litigation of
the most serious character in the Court of Probate. The triumph gained
in that court by Miss Sugden in establishing a will, carrying out the
wishes of her father, on the simple basis of her recollection of the
contents of the lost document, is as wondrous an achievement as any one
well could imagine, and testifies to the grave respect with which her
evidence must have been regarded by the searching judgment and
scrutinizing eye of the learned judge.
Notwithstanding all this, the loss of the will has not escaped the
attendance of great and grievous evils, unnecessary to be related.
The judge having in a most eloquent manner reviewed the case, as
elucidated by the pleadings of the very learned counsel engaged on the
trial, most admirably concluded his summing-up with the following
remarks:
“Now let me call attention to a passage in one of Lord St. Leonards’ own
works which has a bearing upon this subject, and it shows how the wisest
of men may be mistaken, as I think, in the advice which they give to
others. And I may say this case illustrates the false security in which
Lord St. Leonards lived, and in which I dare say we all of us live. With
the other members of his family, he lived in the belief that his Will
was secure from the hands and eyes of either the curious or the
dishonest. It was thought that the only means of access to it was by the
only key which Lord St. Leonards carried about him; and that there was
no means of access to the duplicate key, which would open the Will-box,
and yet it turned out that there were no less than four keys in the
house by which anybody might have opened the escritoire in which the
duplicate key was kept, and so have obtained possession of it. Believing
as I do that this Will has been lost, and not destroyed by the testator,
and that the loss has arisen from its insecure custody, though that
custody seemed to all concerned to be perfectly safe, it is well that it
should be known and I particularly desire that it should be known to the
public, that the law has provided a means of obtaining as nearly a
certainty as can be obtained in human affairs that a Will will be
forthcoming at the death of the testator....
“The result is that I find as a fact, that the Will of 1870 was duly
executed and attested; that the several codicils also were duly executed
and attested; that the Will was not revoked by the testator; and I
further find that the contents of the Will were, with the exception I
have mentioned, as set out in the declaration.”
WILL OF WILLIAM SHAKESPERE
“Vicesimo quinto die Martii, Anno Regni Domini nostri Jacobi nunc Regis
Angliæ, &c., decimo quarto, et Scotiæ quadragesimo nono. Anno Domini
1616.
Public-domain text, read in full here on John Shaqi.
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