Trevethlan: A Cornish Story. Volume 2 (of 3)Watson, William Davy
General
Trevethlan: A Cornish Story. Volume 2 (of 3)
Watson, William Davy
Cornwall (England : County) -- Fiction
It may not be uninteresting to the reader, to see the exact position,
stripped of technicalities, in which the parties stood at going into
court. The question between them was one of inheritance merely, and of a
very simple kind. Randolph's great grandfather left two sons by
different marriages, Arthur, the eldest, and Philip, the present
claimant of the property at stake. Arthur was the father of only one
son, Henry. It will be seen, therefore, that in default of any will, and
of Henry's dying without family, the estates would revert to Philip.
There was no will to interfere, for Henry, in his, merely appointed
guardians of his children, and made no bequests. He considered it a
matter of course that the children would inherit. And so they would, if
the marriage of which they were the offspring, were legal. But if this
marriage were not duly performed, or the children supposititious, Philip
would become heir to the property.
It was, therefore, almost self-evident, that the claimant's case would
rest upon the insufficiency of Randolph's father's marriage. So to this
point was directed the main attention of his legal advisers. But every
presumption was in favour of its perfect legality. All the dark
suggestions which subtilty could imagine, vanished one after another, in
the light thrown upon them by Henry Trevethlan's own conduct. If there
were a fraud, it must have been without his cognizance, for it would
have defeated his supposed object. But if he were not privy, what motive
could be ascribed to any other party? It was impossible, for obvious
reasons, to impute anything of the kind to the friends of the bride.
Baffled in every conjecture, Mr. Winter could only take means for
procuring the presence of everybody, who, by any remote contingency,
might be able to contribute to the overthrow of the claimant's case.
For in this sort of action the parties meet at the trial totally
ignorant of each other's intentions. For instance, in this case the
claim might be made, either under an alleged will, or a sale and
conveyance of the property, or on the ground that the holder was not the
legitimate heir. And supposing the first case, the defendant might say,
either that the will was forged, or was made when the testator was of
unsound mind, or was revoked by a later. So wide is the field for
surprise. And consequently it frequently happens, that the title to a
disputed estate is very far from established by a single verdict; but
that in a series of trials, the parties alternately upset one another's
successive positions, until the ground is exhausted, and the matter
finally set at rest.
Public-domain text, read in full here on John Shaqi.
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