The Romance of Wills and TestamentsVine Hall, Edgar
History
The Romance of Wills and Testaments
Vine Hall, Edgar
Wills -- Great Britain -- Miscellanea
No hiding-place is too unlikely. When Lord Hailes died in 1792 no
will was to be found. The daughter and only child had given up hope
of possessing the mansion-house, but when her servants were locking
it up and closing the shutters, from behind a panel there fell the
will which secured her the estate. Harris Norman, a pedlar, who died
worth over £11,000, left a will which was found in a silk hat; and
lately a curious story was told in the Probate Court of a will found
in a clock. The deceased’s husband, it was stated, made a search for a
will, but was for some time unsuccessful. As the greater part of his
wife’s property consisted of freeholds, in which under an intestacy he
would take but a curtesy interest, it was with anxiety that the search
was made. Eventually, at the back of a clock on the mantelpiece, the
will was found, betrayed by the stopping of the clock. Not unnaturally
a charge of forgery was set up. It is certainly dangerous, for more
than one reason, to hide a will securely away. In this case the judge
pronounced in its favour. “What more likely than after the deceased had
been worried to make a will for little Hilda (her niece), she thought
that she would leave her property to her husband? Was it likely that
she would tell any one? Was it not likely that she would put it in some
place—as in the back of the clock—which would not be opened for some
days after her death?”
On the other hand, the High Court of Bengal, in 1903, refused to admit
to probate a will which was stated to have been searched for and found
in a tin box formerly in the possession of one who was said to have
been the custodian of the will in his lifetime, and the Court said: “We
hold that fraud and deceit were practised at the finding of the will.”
Certainly wills are given sometimes to friends for custody, and then
themselves bequeathed. Charles Johnson, for instance, seaman of the
frigate _Coventry_, in his will dated 1778, stated that he had two
wills in his possession, and these at his death he gave to his friend
Henry Dye, belonging to the same ship.
“Memorandum, that on the three and twentieth day of July, 1595, this
will was found in the little black trunk of the said Elenor Clarke
standing at her bed’s foot, being found locked and opened in the
presence of us John Worsopp, William Payne, John Smithe.” The heirs
of Charles William Minet, who died in 1874, a descendant of a family
which had fled from France at the persecution of Protestants in 1686,
were not so fortunate. No will could be found, and his manor-house was
sold. But in 1905, on a death in another branch of the family, some
neglected cases were examined, and in one of them lay the will. It
showed that the estate had been settled in tail, and it was accordingly
repurchased, that the testator’s intentions might not be frustrated.
Public-domain text, read in full here on John Shaqi.
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