When my father became of age, measures were taken for barring the entail
created by the will of Hubert Vaughan; and at the time it was believed
that these were quite effectual, and therefore that my father was now
entitled in fee-simple, and could dispose of the property.
Upon his marriage with my mother, she, with worthy pride, refused most
firmly to accept a jointure charged on his estates, alleging that as she
brought no fortune into the family, she would not incumber the family
property, which had but recently been relieved of incumbrances. More
than this--she had even insisted upon expressly abandoning, by her
marriage settlement, all claim to dower. This unusual course she had
adopted, because of some discontent expressed by relatives of my father
at his marriage with a portionless bride, whereby her self-respect had
been deeply wounded. So nothing was settled upon her, except her own
little estate in Devonshire, which was secured to her separate use.
My father had never permitted this excess of generosity on her part, but
that he was by nature careless upon such subjects, and hoped to provide
amply for her interests by his will: moreover he was hot to remove all
obstacles to their marriage. But it was now discovered that he had no
power to charge the real estate for her benefit, in the manner his will
imported; that he had never been more than a tenant in tail, and that
entail such that I could not inherit. Neither, of course, could I take
under his will, as he possessed no power of disposition. One quarter of
all that has been written upon the subject I never could understand; and
even as to the simplest points, sometimes I seem to apprehend them
clearly, and then I feel that I do not. My account of the matter is
compressed from what I remember of the legal opinions.
The leading fact, at any rate, and the key to all the mischief, was,
that the entail had never been barred at all: the legal process (called
a "recovery") which was to have had that effect, being null and void
through some absurd informality. They told me something about a tenant
to a precipice, but they must have made a mistake, for there was no
precipice on the estate, unless some cliffs near the church could be
called so, and they were never let.
Public-domain text, read in full here on John Shaqi.
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