The Greville Memoirs, Part 2 (of 3), Volume 2 (of 3): A Journal of the Reign of Queen Victoria from 1837 to 1852Greville, Charles
History
The Greville Memoirs, Part 2 (of 3), Volume 2 (of 3): A Journal of the Reign of Queen Victoria from 1837 to 1852
Greville, Charles
Great Britain -- History -- Victoria, 1837-1901
All day yesterday I was listening to law in the Privy Council. Follett
made a very able reply in the appeal of Croker against Lord Hertford.
After which the Court proceeded to discuss the judgement. There were
two points: one, whether Lord Hertford's codicil confirming all
former codicils made good those which were not properly attested; the
other, whether the will having been executed at Milan, and being good
according to the _lex loci_, it was good here. If the first point
was decided in favour of the appellant, the second would not arise,
so they agreed to begin by considering the first. Dr. Lushington,
Vice-Chancellor Knight Bruce, Baron Parke, and Lord Campbell concurred
with the judgement; Abinger, Denman, and Brougham were against it;
Tindal, who heard the first part of the case but not the last, was
not there. After a great deal of talk they agreed to meet again and
reconsider the case. They held the second point to be very difficult,
but very little passed about it. Nothing can exemplify more the
objection there would be to the Judges in our Court giving their
opinions _seriatim_ than this case. It would be very unsatisfactory
to have so close a division made public; if Tindal should incline to
the side of Brougham, Denman, and Co., I see that Knight Bruce will
go over to them in all probability, and turn the scale the other way.
In that case, if the Judges were to deliver their opinions, it is
abundantly probable that the arguments of the minority would appear
the soundest law, and it would be a curious anomaly that such a case
would be decided by the casting vote of a man whose real opinion was
at variance with that which he would have to express. The parties had
better have tossed up for the money at first.
The other day (_ut misceam dulcia utilibus_) Bobus Smith gave us at
dinner at Lady Holland's a good pun of Jekyll's (I so regret never
having met him). He was asked to dine at Lansdowne House, but was
engaged to the Chief Justice. It happened that the ceiling of the
dining-room at Lansdowne House fell in, which when Jekyll heard, he
said he had been invited to 'ruat cælum,' but was engaged to 'fiat
Justitia.'
Public-domain text, read in full here on John Shaqi.
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