Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
This particular formality is perhaps the most important of all, as
matters stand. An illustration will presently be given to bring this
fact out more clearly. Some effort will also be made to exhibit the
possibilities of injustice in connection with the execution of a will.
These “possibilities” have become “certainties” too often in the past.
Anomalies of the law can be found in hundreds of will cases, but the
writer is now chiefly concerned with exposing flagrant examples of
injustice arising out of a too strict regard for formality as opposed
to _intention_. Intention, too, is of great legal importance in many
directions, notably in crime, and, indeed, in the construction of
wills as well, but it is of little account if it is not supported
by the usual formalities of execution. Such matters come within the
jurisdiction of the Probate Court, the Divorce Court transformed for
the occasion. (The chameleonic complexion of the Probate, Divorce and
Admiralty Division of the High Court of Justice, has already been
touched upon.)
The primary object at present is to show, quite simply, the working of
the Statute of Wills, which came into operation January 1, 1838.
Towards the end of the month of March, not many years ago, _A_, the
son of _B_, was asked by _B_, his mother, to instruct a solicitor to
draft a will, leaving him, the son, all the real and personal property
of which she, the mother, died possessed, or which might fall in to
the credit of her estate. She told _A_--her only child (the offspring
of her first marriage)--that she had already provided for her second
husband, _C_, during the years of her married life. The son duly
carried out his mother’s request, though he had little suspicion that
her death was at hand. Nor had she, in spite of the fact that she was
supposed to be suffering from influenza, and had a nurse in attendance
at the time. In due course, the draft will was left at the house by
the solicitor. _A_ gave the matter no more attention, and for several
days received favourable reports of his mother’s illness, both from
her medical attendant, and from the trained nurse. On April 1st, an
ominous date, he called at _B’s_ house but could not see her. The
nurse, however, informed him that it was likely to be a long though
not a dangerous illness. This was at five o’clock in the afternoon.
At or about three o’clock the next morning, _B’s_ manservant arrived
at _A’s_ chambers with a summons for him to go to his mother at once,
as she was _in extremis_. _A_ hastened to dress, and, after a delay
in finding a cab--for the servant had come on foot through _C’s_
intervention, _though the distance was four miles_--he hurried to
his mother’s bedside. On arriving there, he found two nurses and a
doctor present. _A_ asked whether the will had been executed, and his
mother, who overheard the question, intimated that it was in a chest
of drawers. _B_ was then given the will; she struggled to a sitting
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