The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-07-11 00:00:00

A CURIOUS CASE.

The ease of "Re Parson's Trusts" has been heard in the
Vice-Chancellor's Court, and has occupied the attention of
the Court since Friday, the question i wing whether a child
born three necks after marriage could be held legitimate
under the following circumstances:—

Mr. Parsons, by his will, made the 29th of November,
1842, bequeathed his property upon trust for accumu-
lation for a period of twenty years from his death,
with a direction that if any child or children of his
son, W. C. Parsons, should be born during that period
the children or child should have a vested interest in
the trust moneys, and that in case no issue of his son
should be born within the twenty years. the fund should
accumulate for the benefit of the children of the
testator's daughter Emily. By a codicil, the fund was
directed to be equally divided, but the limitations in
the will were not otherwise substantially altered. The
testator died the Ist of August, 1843. Shortly before
the expiration of the period of twenty years, towards
the end of 1862, some advertisements were inserted in
the papers by Mr. W. C. Parsons in the following
terms:—

As Wet Nurse.—Wanted immediately, a single woman, not
under thirty years of age, within two months of her confine-
merit, and to he confined in the house.
- • •

One of these advertisements was stated to have been
sent to The Times, but was not produced, and does not
appear to have been inserted ; another was sent to the
Birmingham Daily Post. On the 7th of January, 1863,
Mr. W. C. Parsons was married, at the district re-
gistry at Birmingham, to Elizabeth Plummer, who had
been a domestic servant, and on the last day of the
month, on the 31st of January, 1163, Mrs. Parsons
was confined of a daughter, whose legitimacy was now
disputed by the on of Mrs. Ileely, the testator's
daughter, who was entitled to the whole property in
case Mr. W. C. Parsons had no child. The fund was
paid into court by the trustees. It was contended on
' behalf of Mrs. Heely, that Mr. Parsons never met
Elizabeth Plummer until after the date of the adver-
tisement, but the evidence of several persons was pro-
duced to show that the acquaintance originated in 1860,
and continued until the marriage. It was explained
that the wet nurse was advertised for on account of the
m,aher's delicate health.
The Vice-Chancell T said that in this case the ques-
tion of legitimacy arose when the marriage of the
parents had occurred three weeks before the birth of
the child. It was settled law that, notwithstanding
the shortness of the interval, the legitimacy must be
presumed, and that presumption must remain until ye.
butted by satisfactory evidence. Here a s set amount
of testimony had been adduced on both sides. TEO
singular part of the case related to the advertisement
by the husband, on the 31st of December, 1862, for a
wet nurse. According to the respondents, the husband
never met the mother until after that date; it so, the
petitioner's case was at an end. 13tit several witnesses
spoke to their acquaintance as far back as 1864,
and to several interviews between them at her sister's
between that time and 1802. It was unnecessary ti
sift the case further ; in his opinion, the presumption
had not only not been rebutted., but had been streng-
timed, sad the rule would be m terms of the politics.