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
posture; the doctor handed her his fountain pen, but it was found to
be dry. _A_ then went downstairs to obtain some ink. On returning, he
discovered _C_, who had entered the room during his absence, standing
over _A_, with what was afterwards described in the Coroner’s Court as
a very menacing expression. _B_ held the pen and the draft will. In the
presence of the doctor and the two nurses, she made a frantic effort to
execute the document, which, had the pen been moist, would have borne
markings, but her last spark of vitality gave out before she could be
passed the ink. She fell back, whispering according to the evidence of
the nurse standing nearer to her, “Thank God it’s done!” She was dead.
Here we have a testatrix at the point of death, still conscious and
of perfect understanding, making a tragic effort to sign a will, in
the presence of three reputable and disinterested witnesses. _A_ and
_C_ can be left out of the question: they were interested parties; one
under the will, and the other against it. In the result, the efforts of
_B_, in her desire to secure her son in his natural rights, were quite
futile. The dramatic scene in the chamber of the dying might just as
well not have been enacted. According to English law, the will was not
worth the paper it was written on; in fact, it was no will at all, as
the pen in _B’s_ hand was dry. A peculiar injustice of the law, sorely
felt in the case illustrated (where almost the whole estate consisted
of personal property, _i.e._, stocks and bonds), lies in the fact that
a husband, be he first, second or third, takes his intestate wife’s
personalty absolutely, quite without regard to children of the marriage
or of a previous marriage. A married woman may leave a very large or
a very small estate in personal property, but if she dies intestate
it goes to her surviving husband. It was thought a great thing when a
married woman was first allowed to make a will as if she were still a
_feme sole_. It would be, if not a greater thing, at least a protective
measure where there are children, if the personalty of an intestate
wife did not go absolutely and unconditionally to her husband.
The facts relating to _A_, _B_, and _C_, can be supplemented by a
further illustration in connection with the law of wills.
Public-domain text, read in full here on John Shaqi.
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