Page images
PDF
EPUB

TAKE CARE OF PENCE, POUNDS WILL TAKE CARE OF THEMSELVES. 211 engagements to be married. If parties third part: Whereas the said Charles are young, and circumstances exist, B- and Anna R—, his wife, have, for showing that the period during which good reasons, determined to live sepathey had agreed to remain single was rate and apart from each other, and not unreasonably long, the contract is on that consideration the said Charles binding upon them; but if they are B— hath consented to allow unto the advanced in years, and the marriage is said Anna R—B— a clear weekly payappointed to take place at a remote and ment or sum of 8., for her mainteunreasonably long period of time, the nance and support during her life, in contract would be voidable, at the manner hereinafter contained : And option of either of the parties, as being whereas the said G- R—B— hath in restraint of matrimony. If no time agreed to become a party to these preis fixed and agreed upon for the per- sents, and to enter into the covenant formance of the contract, it is in con- hereinafter contained on his part: Now templation of law a contract to marry this indenture witnesseth, that in purwithin a reasonable period after request. suance of the said agreement, he, the

1482. “EITHER OF THE PARTIES, said Charles B-, for himself, his heirs, therefore, after the making of such a executors, and administrators, doth contract, may call upon the other to covenant, promise, and agree, to and fulfil the engagement; and in case of a with the said G– R-B-, his execurefusal, or a neglect so to do on the tors, administrators, and assigns, in part of the latter within a reasonable manner following, that is to say, that time after the request made, the party he, the said Charles B-, shall and will, so calling upon the other for a fulfil- from time to time, and at all times ment of the engagement may treat the hereafter, permit and suffer the said betrothment as at end, and bring an Anna R- B- to live separate and action for damages for a breach of the apart from him, the said Charles B, engagement. If both parties lie by as if she was sole and unmairied, and for an unreasonable period, and neither in such place and places as to her from renew the contract from time to time time to time shall seem meet; and by their conduct or actions, nor call upon that he, the said Charles B-, shall not one another to carry it into execution, nor will molest or disturb the said the engagement will be deemed to be Anna R- B- in her person or manner abandoned by mutual consent, and the of living, nor shall, at any time or times parties will be free to marry whom they hereafter require, or by any means please.”

whatever, either by ecclesiastical cen1483. “THE ROMAN LAW very pro- sures, or by taking out citation, or perly considered the term of two years other process, or by commencing or inamply sufficient for the duration of a stituting any suit whatsoever, seek or betrothment; and if a man who had endeavour to compel any restitution of engaged to marry a girl did not think conjugal rights, nor shall not nor will fit to celebrate the nuptials within two commence or prosecute proceedings of years from the date of the engage- any description against the said Ănna ment, the girl was released from the R- B- in any ecclesiastical court or contract."

elsewhere ; nor shall nor will use any 1484. Deed of Separation force, violence, or restraint to the perbetween a Man and his Wife. son of the said Anna R— B-; nor -This indenture, made the day shall nor will, at any time during the of

in the year of our Lord said separation, sue, or cause to be sued, 1864, between Charles B-, of

; any person or persons whomsoever foi of the first part, Anna R— B- (the receiving, harbouring, lodging, protectwife of the said Charles B~) of the ing, or entertaining her, the said Anna second part, and G-R—B— of the R—B—, but that she, the said Anna

212

IF YOU ARE IN DEBT, SOMEBODY OWNS PART OF YOU.

R— B-, may in all things live as if Charles B-, his heirs, executors, and she were a feme sole and unmarried, administrators, and his and their lands without the restraint and coercion of and tenements, goods and chattels, of, the said Charles B-, or any person or from, and against all and all manner persons by his means, consent, or of action and actions, suit and suits, procurement; and also that all the and all other proceedings whatsoever clothes, furniture, and other the per- which shall or may at any time heresonal estate and effects, of what nature after be brought, commenced, or proor kind soever, now belonging, or at secuted against him the said Charles any time hereafter to belong to, or be B—, his heirs, executors, or administrain the actual possession of her, the said tors, or any of them, and also of, from, Anna R— B--; and all such sums of and against all and every sum and sums money and personal estate as she, the of money, costs, damages, and expenses said Anna R-B-, or the said Charles which he, the said Charles B-, his B- in her right, shall or may at any executors, administrators, and assigns, time or times during the said separation shall or may be obliged to pay, or shall acquire or be entitled to at law or in or may suffer, sustain, or be put unto, equity, by purchase, gift, will, intestacy, for, or by reason, or on account of any or otherwise, shall be the sole and sepa- debt or debts which shall, at any time rate property of the said Anna R, B-, hereafter, during such separation as to manage, order, sell, dispose of, and aforesaid, be contracted by the said use the same in such manner, to all in- Anna R- B-, or by reason, or means, tents and purposes, as if she were a or on account of any act, matter, cause, feme sole and unmarried: And further, or thing whatsoever relating thereto. that he, the said Charles B-, his In witness whereof, the said parties to executors or administrators, or some these presents have hereunto set their or one of them, shall and will well hands and seals, the day and year first and truly pay, or cause to be paid, above written. unto the said G-R-B, his executors, 1485, Divorce and other Maadministrators, or assigns,

a clear trimonial Causes.—The powers of weekly payment or sum of 8., on the Ecclesiastical Court, so far as diMonday in each and every week during vorce is concerned, are abolished, and a the life of the said Anna R—B—, but new court, entitled the Court of Probate in trust for her, the said Anna R—B—and Divorce, instituted. for her separate maintenance and sup- 1486. By DIVORCE à mensä et thoro port: And the said G– R-B-, for is meant a separation only; it does himself, his heirs, executors, and ad- not sever the matrimonial tie, so as to ministrators, doth hereby covenant permit the parties to contract another and agree to and with the said Charles marriage. These are now called judicial B—, his executors, administrators, and separations. assigns, that she, the said Anna R-B-, 1487. By SUITS OF JACITATION OF shall not nor will not, at any time or MARRIAGE is meant suits which are times hereafter, in anywise molest or brought when a person maliciously and disturb him the said "Charles B-, or falsely asserts that he or she is already apply for any restitution of conjugal married to another, whereby a belief in rights, or for alimony, or for any fur- their marriage is spread abroad, to the ther or other allowance or separate injury of the complaining party. maintenance than the said weekly sum 1488. BY ABSOLUTE DIVORCE is of 8.; and that he, the said G=R-meant a dissolution of the marriage, by B-, his heirs, executors, or administra- which the parties are set absolutely free tors, shall and will, from time to time, from all marital engagements, and at all times hereafter, save, defend, and capable of subsequent marriage. In keep harmless and indemnify the said these cases a decree nisi is first obtained,

ECONOMY IS THE EASY CHAIR OF OLD AGE.

213

which is made absolute after the lapse of 1494. THE ORDER MAY IN ANY CASE a certain time, unless the decree should BE OBTAINED from the court, and when be set aside by subsequent appeal. the wife lives in London, from a police

1489. THE GROUNDS OF DIVORCE magistrate; or where she lives in the are very various, and in most cases fit country, from two magistrates sitting only for confidential communication to in petty sessions. a solicitor. In all cases a highly re- 1495. THE ORDER DOES NOT PREspectable professional adviser should be VENT THE HUSBAND RETURNING TO HIS employed.

WIFE, but only prevents his taking her 1490. A SENTENCE OF JUDICIAL earnings while the desertion continues. SEPARATION may be obtained either by While the husband and wife live together the husband or the wife, on the ground he is entitled (unless it be otherwise of desertion without cause for two provided in the settlement) to all her years or upwards. To constitute wilful earnings; and in general, if what she desertion on the part of the husband, earns is paid to her without his authohis absence must be against the will of rity, he can enforce a fresh payment to his wife, and she must not have been himself

. When he has deserted her, a consenting party to it.

this right will still continue, unless she 1491. PERSONS CANNOT BE LEGALLY either obtains a judicial separation or SEPARATED upon the mere disinclination this protection order.

one or both to live together. The 1496. THE ORDER, WHEN OBTAINED, disinclination must be proved upon puts the wife in the same position with reasons that the law recognizes; and regard to ownership of property and the the court must see that those reasons right to sue and be sued upon conactually exist.

tracts (that is, all bargains and business 1492. THE AMOUNT OF Costs of transactions), as if she had obtained the A JUDICIAL SEPARATION or a divorce decree of judicial separation, placing varies from £25 to £500 or more, accord- her, in fact, in the situation of a single ing to the circumstances of the suit, woman. and the litigation that may ensue. But 1497. IF, AFTER THIS ORDER IS a person being a pauper may obtain MADE, the husband, or any creditor of relief from the court by suing in forma his, or person claiming through him by pauperis. Any such person must lay purchase or otherwise, should seize or a case before counsel, and obtain an continue to hold any property of the opinion from such counsel that he or wife, after notice of such order, the she has reasonable grounds for appealing wife may bring an action against her to the court for relief. The opinion of husband or such other person, and may the counsel must then be laid before the recover the property itself, and double judge ordinary, and leave be obtained to its value in money. proceed with the suit.

1498. To Search for Wills.1493. Magisterial Order for If you wish to examine a will, your Protection of Wife's Property. best course is to go to “The Wills _When a wife is able to prove that her Office,” in Doctors' Commons, St. Paul's husband has deserted her without cause Churchyard; havé on a slip of paper and against her will, she may obtain the name of the testator-this, on from the Matrimonial Court, or from entering, give to a clerk whom you the judge ordinary, an order to protect will see at a desk on the right. At the her against his creditors, and against same time pay a shilling, and you will any person claiming under him, by way then be entitled to search all the heavy of purchase or otherwise, any property Index volumes for the testator's name. she may acquire by her own lawful The name found, the clerk will hand industry, or may become possessed of over the will for perusal, and there is after such desertion.

no difficulty whatever, provided you

T

214

LITTLE STICKS KINDLE THE FIRE, BUT GREAT ONES PUT IT OUT.

know about the year of the testator's -ii. Father;-if none, mother, and bro-
death. The Indexes are all arranged thers and sisters, and their children (but
and numbered according to their years. not their grandchildren); iii. His grand-
Not only the names of those who left fathers and grandmothers ;—if none, iv.
wills are given, but also of those intes- His uncles and aunts ;—if none, v. His
tates to whose effects letters of admi- cousins, and great-nephews and nieces.
nistration have been granted. There is 1500. IF THE DECEASED LEAVE A
no charge beyond the shilling paid for WIDOW, but no child or children, one
entering. If you require a copy of the half of his personal estate will fall to
will, the clerk will calculate the expense, his widow, and the other half will be
and you can have the copy in a few divisible among the next of kin. The
days. No questions whatever are asked father of an intestate without children

- nor does the length of the will, or is entitled to one half of his estate, if
the time occupied in reading it, make he leave a widow, and to the whole if
any difference in the charge. Beyond he leave no widow. When the nearest
the shilling paid on entering, there is of kin are the mother and the brothers
no other demand whatever, unless for and sisters, the personal estate is divi-
copying the whole, or a portion of the sible in equal portions, one of which will
will. It may be as well to state that belong to the mother, and one to each
there are many wills which are not of the brothers and sisters; and if there
lodged in Doctors' Commons. Some be children of a deceased brother or sister,
are proved in the courts of the several an equal portion is divisible among each
bishops—Gloucester, York, Chester, for family of children.
instance; and there they remain. The 1501. WILLS, TO BE VALID, can
wills of all who resided in London or only be made by persons at or above
the neighbourhood, or who were pos- the age of twenty-one, and in a sound
sessed of money in the funds, are proved state of mind at the time of making the
in Doctors' Commons; the wills of the last will and testament; not attainted
wealthier classes are mostly proved of treason; nor a felon; nor an outlaw.
there. In thu country, and with small A female must be unmarried, unless the
properties, the executors usually resort will is made by the consent of her hus-
to the bishop of the diocese. Most of the band, which consent must be expressed
wills, for instance, of shopkeepers, &c., by some other deed or will, especially
who reside in Manchester, are proved executed in her favour by her husband.
in Chester. The same rules are observed 1502. No WILL IS VALID UNLESS
in the country as in London, with IT IS IN WRITING, signed at the foot or
regard to examination, &c. The fee- end thereof by the testator, or by some
one shilling—is the same in all. Having other person in his presence and by his
ascertained that the deceased left a will, direction. And such signature must be
and that it has been proved, the next made or acknowledged by the testator,
inquiry is, Where was it proved ?" in the presence of two or more wit-
The above explanation and remarks nesses, all of whom must be present at
apply also to the administrations granted the same time, and such witnesses must
of the effects of those who died without attest and subscribe the will in the
wills.

presence and with the knowledge of the
1499. Making a Will. - The testator.
personal property of any person deceased, 1503. A WILL OR CODICIL ONCE
left undisposed of by deed or will, is MADE cannot be altered or revoked,
divisible among his widow, should he unless through a similar formal process
leave one, and his next of kin, in the fol- to that under which it was made; or by
lowing order:-i. Children, grandchild- some other writing declaring an inten-
ren, great-grandchildren, &c. The next tion to revoke the same, and executed
inheritors, in the absence of these, are, in the manner in which an original will

WHAT THOU CANST DO THYSELF, COMMIT NOT TO ANOTHER.

215

same.

is required to be executed; or by the choice whether she will accept the subburning, tearing, or otherwise destroy- stituted gift, or remain possessed of ing the same by the testator, or by some what the law declares her entitled to. person in his presence and by his direc- 1510. WHERE PROPERTY IS CONtion, with the intention of revoking the SIDERABLE, and of different kinds,-or

even where inconsiderable, if of different 1504. No WILL OR CODICIL, or kinds, and to be disposed of to married or any part of either, that has once been other persons, or for the benefit of childrevoked by any or all of these acts, can ren, for charities, or trusts of any descripbe revived again, unless it be executed tion, it is absolutely necessary and proin the manner that a fresh will or codicil per that a qualified legal adviser should is required to be.

superintend the execution of the will. 1505. ALTERATIONS IN WILLS OR 1511. WHEN A PERSON HAS RECODICILS require the signature of the SOLVED UPON MAKING A Will, he testator and of two witnesses to be made should select from among his friends upon the margin, or upon some other persons of trust to become his executors, part of the will, opposite or near to and should obtain their consent to act. the alteration.

And it is advisable that a duplicate 1506. EVERY WILL IS REVOKED copy of the will should be entrusted to by the subsequent marriage of the tes- the executor or executors. Or he should tator or testatrix, except a will made in otherwise deposit a copy of his will, or the exercise of a power of appointment, the original will, in the office provided when the property appointed thereby by the Probate Court for the safe would not, in default of appointment, custody of wills. pass to the heir, executor, or adminis- 1512. THE FOLLOWING IS A SIMPLE trator, or next of kin of the testator or FORM OF WILL:- This is the last will testatrix.

and testament of J-B-, of No. 3, 1507. THERE BEING. NO STAMP King's Road, Chelsea. I hereby give, Duty, or tax, on a will itself, it should devise, and bequeath to my wife Mary be written on plain parchment or paper. B-, her heirs, executors, and adminisNor is it necessary, though always trators, for her and their own use and advisable where means are sufficient, benefit, absolutely and for ever, all my to employ a professional adviser to draw estate and effects, both real and personal, up and complete the execution of a whatsoever and wheresoever, and of will.

what nature and quality soever; and I 1508. IF IT BE INTENDED TO GIVE hereby appoint her, the said Mary B, A LEGACY to an illegitimate child, the sole executrix of this my will. In testator must not class him with the witness whereof I have hereunto set my lawful children, or designate him simply hand this twentieth day of January, as the child of his reputed parent, one thousand eight hundred and sixtywhether father or mother, but must de- four.

JOHN Bscribe the child by name as the reputed Signed by the said John B— in the child of

so as to leave no presence of us, present at the same doubt of identity.

time, who, in his presence, and in the 1509. WEARING APPAREL, JEWELS, presence of each other, attest and sub&c., belonging to a wife are considered scribe our names as witnesses hereto. in law her “ paraphernalia ;" and JOHN WILLIAMS, 15, Oxford Street, though liable for the husband's debts Westminster. while living, cannot be willed away HENRY JONES, 19, Regent Street, from her by her husband, unless he Westminster. wills to her other things in lieu thereof, 1513. OTHER FORMS OF WILLS give expressing such intention and desire in particular legacies to adults, or to the will. The wife may then make her infants, with direction for application

or

[ocr errors]
« PreviousContinue »