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
(“administration with the will annexed,” which is the equivalent of
probate where no executor is appointed by the will). In this way the
matter ended. Had not the difficulty arisen of combating an attack on
the point of the combined presence of the witnesses and the testatrix
at the moment of signature, _A_ would no doubt have been left in
tranquil possession of what was after all his rightful property. This
apparently trifling detail compelling the presence of all three parties
at the time of signature is of enormous importance. The greatest issue
may hang upon it. The quality of witnesses is also not to be forgotten.
No one who it is intended shall profit under a will should be used,
for, though good as a witness, he or she is bad as a beneficiary.
Then, again, a person with hostile motives can always quite easily go
into court and swear that he or she was not actually in the room with
the testator when the testator and the other witness attached their
signatures. This was the suggested line in the case stated.
A probate action of some passing interest, owing to the notorious
criminal reputation of the testator, recently came before the Probate
Court, Sir Samuel Evans, the President of the Probate, Divorce and
Admiralty Division, sitting. The will of Crippen, the murderer, was in
dispute. It appeared that shortly before suffering the death penalty,
Crippen made a will, in which he left all of his property to the woman
Le Neve, or Neave. Her counsel contended that, until the applicant
representing the defunct Mrs. Crippen’s next-of-kin had conclusively
proved by admissible evidence the fact of the wilful murder of the wife
by the husband they could not oust the legal personal representative
from obtaining probate. Mrs. Crippen’s sister was the applicant, and
the application was grounded on the contention that Crippen was not
entitled to any benefit arising out of his own felonious act. (It seems
that the bulk of the property left by Crippen was personal property
which had come to him from his wife at her death--incidentally, after
he had murdered her.) Le Neve’s counsel argued that Crippen, as he had
suffered the extreme penalty of the law, was no longer a felon.
Public-domain text, read in full here on John Shaqi.
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