The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
But the law is still more extensive in its provision. Because there was
a possibility that the parent, though sworn, might by false
representations evade the discovery of the ultimate value of his estate,
a new bill may be at any time brought, by one, any, or all of the
children, for a further discovery; his effects are to undergo a fresh
scrutiny, and a now distribution is to be made in consequence of it. So
that the parent has no security against perpetual inquietude, and the
reiteration of Chancery suits, but by (what is somewhat difficult for
human nature to comply with) fully, and without reserve, abandoning his
whole property to the discretion of the court, to be disposed of in
favor of such children.
But is this enough, and has the parent purchased his repose by such a
surrender? Very far from it. The law expressly, and very carefully,
provides that he shall not: before he can be secure from the persecution
of his children, it requires another and a much more extraordinary
condition: the children are authorized, if they can find that their
parent has by his industry, or otherwise, increased the value of his
property since their first bill, to bring another, compelling a new
account of the value of his estate, in order to a new distribution
proportioned to the value of the estate at the time of the new bill
preferred. They may bring such bills, _toties quoties_, upon every
improvement of his fortune, without any sort of limitation of time, or
regard to the frequency of such bills, or to the quantity of the
increase of the estate, which shall justify the bringing them. This act
expressly provides that he shall have no respite from the persecution of
his children, but by totally abandoning all thoughts of improvement and
acquisition.
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