The Catholic World, Vol. 01, April to September, 1865: A Monthly Eclectic MagazineVarious
Religion
The Catholic World, Vol. 01, April to September, 1865: A Monthly Eclectic Magazine
Various
Catholic Church -- Periodicals
John Mullet, immersed (say) in the button trade at Birmingham, has
made money in business. He bequeaths his property by will, and is in
due time gathered to his fathers. His two sons, Jasper and Josiah,
take certain portions; and other portions are to go either to the
family of Jasper or to that of Josiah, according as either one of
those brothers survives the other. Jasper remains in England; but
Josiah goes out to Australia, to establish something that may make his
children great people over there. Both brothers, twelve thousand miles
apart, die on the same day, May 1st, one at noon (Greenwich time), the
other at noon (Sydney time). Jasper's children have been on pleasant
cousinly terms with Josiah's; but they are aware of the fact that it
would be better for them that Josiah should die before their own
father, Jasper. Josiah's children, on the other hand, be they few or
many, although they always liked uncle Jasper, cannot and do not
ignore the fact that their interests would be better served by the
survivorship of Josiah than that of Jasper. The two sets of cousins,
therefore, plunge into a contest, to decide the question of
survivorship between the two sons of old John Mullet.
This is one variety of a problem which the courts of law and equity
are often called upon to settle. Occasionally the question refers to
two persons who die at the same time, and in each other's company. For
instance: Toward the close of the last century, George Netherwood, his
children by his first wife, his second wife, and her son, were all
wrecked during a voyage from Jamaica to England. Eight thousand pounds
were left by will, in such a way that the relations of the two wives
were greatly interested in knowing whether the second Mrs. Netherwood
did or did not survive her husband, even by one single minute--a
matter which, of course, could not be absolutely proved. Again, in
1806, Mr. Mason and one son were drowned at sea; his remaining eight
children went to law, some of them against the others; because, if the
father died before the son, £5,000 would be divided equally among the
other eight children; whereas, if the son died before the father, the
brothers only would get it, the sisters being shut out. A few years
afterward Job Taylor and his wife were lost in a ship wrecked at sea;
they had not much to leave behind them; but what little there was was
made less by the struggles of two sets of relatives, each striving to
show that one or other of the two hapless persons _might_ possibly
have survived the other by a few minutes. In 1819 Major Colclough, his
wife, and four children, were drowned during a voyage from Bristol to
Cork; the husband and wife had both made wills; and there arose a
pretty picking for the lawyers in relation to survivorships and next
of kin, and trying to prove whether the husband died first, the wife
first, or both together. Two brothers, James and Charles Corbet, left
Public-domain text, read in full here on John Shaqi.
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