The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-02-08 00:00:00

COMTESSE D'ALTEYRAC v. LORD
WILLOUGHBY D'ERESBY.

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In the Court of Queen's Bench the above cause has I
been tried, and was an action to recover the value of
certain furniture, china, plate, &c., of the plaintiff,
converted by the defendant to his own use. The
amount claimed in the declaration was 1:20,000. 'rho
defendant pleaded " Not Guilty," and that the
plaintiff was not possessed as alleged.
Mr. Coleridge, in opening the case, stated that the plaintiff
was the wife of an officer in the French navy, who hail lwen
for many years separated from her husband. She made the
acquaintance of the defendant, who was then the lion.
Alberic Drnmmonil Willoughby, at Paris in 1047, and from
that time until December, 1564, she lived with him as his
wife, in and near London, and also at Paris and other places
on the Continent. In February, 1848, a daughter was born,
who, until her marriage receutly. has always gone by the
name of Miss Willoughby. In the year 1818 the Count
Alteyrac obtained a judgment of separation from his wife,
the effect of which, as the learned counsel averred, was to
give the plaintiff entire control over the personal property
of which she became possessed. She brought over to
England about £1,600 other own, and a large quantity of
furniture and plate. During the residence of the plaintiff
and defeedant at Caett.lotige, Twickenham, the latter
erigaged himself to be married upon the death of plaintiff's
husband, and, until the se,paration, the daughter was not
aware that her parents had not been married. In 1853 Mr.
Willoughby, being at the time very ill, wrote a letter to his
father, asking him, In case of his death, to provide Madame
IYAlteyrac with an Income for life in return for the
kindness and attention she hail shown him. In that letter he
acknowledged that all the fianiture belonged to her. In
1802 a will was executed by the defendant, by which the house
In which they were living, and all the furniture, hones, Ac.,
were loft in trust for the benefit of the plaintiff for life, and for
the daughter afterwards. An inventory was then drawn up
of all the contents of the house, including that which was
brought by the plaintiff from France, and washer own pro-
perty, and that which had been purchased by the defendant
This inventory was examined and checked by the defendant
it included animig other thing. a hat of plate, weighieg as
much as 1,660 ounces, all of which, with very few exceptions,
was marked with the crest or cipher of Madame leAlteyrae.
In December, 1861, rip to which time the parties to this
action had lived together upon most affectionate terms, the
plaintiff went over to Paris to fetch the daughter from
schord After her departure • correspondence commenced,
which ended in • consideration as to the terms upon which
a separation should take place From the tunic the plaintiff
left Eugland iu December, 1864, she has never seen the de-
fendant, for at her return, at the end of January, 1885, the
defendant's mother had lust died, and before the end
of the next mouth. his father, Lord Willoughby D'Eresby, ,
also died, and the defendant succeeded to the title. ,
It seemed that by his father's will the defendant
canm irate a 1 age part of his property only on coliditioit that
he should give np all connexion with the plaintiff to the
'satisfaction of certain trustees named in the will. Soon
after this Colonel Dudley Carlton proposed to Madame
D'Alleyrac as arrangement on behalf of the defendant, by
which she was to receive /-1,500 and £2,000 a year ; and
mien the mulerstanding that these terms were to he carried
out, the plaintiff left Caen.lodge anti went to Paris. She
has since received only A:300, and the defendant has taken
possession of and sold the furniture and other effects In
the house at Twickenham, which, as the plaintiff alleged,
all belonged to her. To tins action the defendant's only
answer is a denial of the plaintiff's right to the articles she
claims, with the assertion of a technical objection that,
being a married woman. she has no right to sue in a court of
law in bier own nano. The learned counsel concluded by an
, eloquent summit° the jury to give his client reparation for
the injuries she had received, for he was happy to say that
the defence raised was bad in law, as it was mean and die-

honourable.
Madame D'Aiteyrac was called, and examined by Mr.
calif She was the wife of the Count D'Alteyrac,
who was formerly the captain of a frigate In the French
navy. In 11,47, when she was living upset from her husband,
she made the acquaintance of Mr. Willoughby in Paris,
spel commenced living with him in June of that year. In
February, 1848, a daughter was horn, and in 1819 they re-
moved to England. Otte travelled with the defendant In
Germany arid Switzerland, and she was known by the name
of Mrs. Willoughby and the daughter was milled Miss
Willoughby. The plaintiff brought with her to England
about e. 1,600, and a considerable iiiiantity of furniture, which
was her
g°iw tiltn Pairt'dPieifiltyithiTeleanNe plea' oofl ha'lT:uns' eeyinwl!:
spent
ratinVincent-
street, ovington square. While 'Meg there the defendant
wrote the letter to his father whirl, wan mentioned in the
opeitieg speech, mai which the plaintiff hail ever since kept
1,, her possession. At the recontmeedation .1 the de-
fendant's medical ailvissrs they reopened in 1862 to Cecil-
log', Twickenham, and cniveyed there all the furidture
which was in their previi ins residence. The will mennoued,
which Was produeed and read, was executed on the 15th of
March, 1862 abut which time an Inventory of all thw
articles lit ;he house wee drawn up by the plaintiff, with
the montane° of a Major Cliambre, who was staying at
Caen -lodge, and was approved by the defendant. At the
end of 1864, on account of the defendant's intimacy with the
plaintiff's lady's maid, some dizagreenient took place between :
Mr. Willoughby and Madame D'Alteyrac. This, however,
did not lest long, and the usual affectionate terms were
resumed before the latter left for Paris to fetch her daughter,
In December of that year. In consequence of letters which
site received, and of the condu..t if the defendant in ad.
vertising In the French newspapers that he would not be
responsible for the plan& ffs dents, sbe wrote to the defend-
ant, saying that perhaps they had better separate. Mr.
Williamson, clerk to the defendant's attorney, came over to
Paris and offered tome terms, which were not accepted.
Afterwarda, ou her Tethys!) to Cases-lodge, at the end of