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
“The judge said that the court had, in special circumstances,
discretion to pass over a legatee. Crippen had been convicted of the
murder of his wife, the sentence of death was carried out, and there
were special circumstances in the case. Therefore, he (the judge) would
pass over the legatee of Dr. Crippen (Miss Le Neve), and grant letters
of administration to the solicitor of the sister of Mrs. Crippen (Mrs.
Theresa Hunn). Here the representative of a convicted felon claimed
to be entitled to the estate--her only claim being one resulting from
a felonious act. This was exactly as if Crippen himself had made the
claim. It was clear that the law was that no person could obtain or
enforce any rights resulting from his own crime; neither could his
representative. The human mind revolted at the very idea that any other
doctrine could be possible in the English system of jurisprudence.”
The judgment is interesting. It would in truth seem somewhat anomalous
for a man to be able to murder his wife, succeed to her property,
be convicted of the murder, and then leave such property to his
ex-mistress.
There has not been a great deal to bring out in this chapter, chiefly
because the points which have forced themselves upon the mind of the
writer are in reality few in number, though important in their results.
In drawing a will, it may be remembered, it is necessary to revoke all
previous wills, codicils, etc. It is essential that the two witnesses
and the testator should sign in each other’s presence.[12] It is also
wise to bear in mind that marriage revokes a will and that the personal
property (leaseholds, jewels, stocks, bonds, etc.) of an intestate wife
goes to her husband absolutely. The drafting of a will is one of those
things which could generally better be left to a reputable solicitor,
though a testator may, if he avoids ambiguous directions, do the work
for himself. The advantage in personally drawing a will lies in the
certainty of secrecy, something which is not always to be found in a
solicitor’s office. The witnesses should know that the document is a
will, and they should be carefully chosen for their purpose. Where
considerable property is at stake, it is frequently a great injustice
to let it pass under the rules which apply to an intestacy. The
anomalies of the law in this direction are more patent, perhaps, than
they are in connection with wills.
FOOTNOTES
[11] It seems that it is not always absolutely necessary for the
witnesses to sign in each other’s presence.
[12] If not always essential, it is desirable.
CHAPTER IV
LIBEL AND SLANDER
Public-domain text, read in full here on John Shaqi.
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