New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-04


o,- William Or-Ewing's disnhen'ahce oE MS
,,,,.,oire father, who died the other daE' Loro
rtvs successful suit for the reversal u HIS
.".,o,,s WILL which practically oeo"'ieu man
.uor, the enjoyment Of any part VI '"e i"'''''
.s,ates and property ara the i"'V W.
50. IN leaving nothing TO his son Robert com
hc"o' ;, much timely interest to the widely .
,,scpsse1 question as u whether ii l"'h'r mas
ulS r,rbt 70 disinherit his offspring While
-. d,verritv of opinion prevails upon the SUD-
49,, 4, this country it is worthy OF note 'hat IN
~. Old World popular sentiment ana 'hc laws +
- tho land are distinctly opposed TO the eNer-
iso of anv such acts of parental ueSpO'iSih'
rrbe entail legislation in Great Brl'"i" ny virtue
- which the property passes To the ei"e9' son
locomotive Of the wishes of the la'her' ana
49, lows Of succession in each Of the continental
so,ntr,ss Save Russia. that endo" every
o,ud with a statutory right to certain proper
zion Of the property left by his parents are
,,t the expression of public OPINION OhiluIeh
a'.o M voice in the selection Of the sphere into
nrich they are born. or in the choice OF the sur
.o,,rd,ngs amid which they spend their infancy
nd vouth-that period of life. in fact when
49,. arc most susceptible to the influences of
hse ahout them and when their character
Ia mind receive the definite moulding OF the
I'm which is to carry them through life. 1t
T., unon the parents that rests the responsibility
,or all this and under the circumstances IL Is
obviously unjust that. after having Drought up
.,e,r children in luxury and, If not 10 Il ne Oh
,a,sness at any rate without furnishing theh
len the knowledge Of some profession or trade.
.nev should suddenly deprive them OF any
f,rther means Of subsistence and That too' al a
nerod when, owing to their OWN demise there
&c no means Of rghting what may nave peeh
merely due to a passing fit of anger ana III
,-,u In most cases of dsinheritance in this
country and in those Of the generally futile at
,nrnnts to cut sons off with the traditional
chilling on the other side OF the water, inc
narents have been prompted to take such step
- .b;s in consequence of their sons daugh-
.ors contracting some marriage which had eX-
c,+ed their dspleasure. This it was that LED
tho late Earl of Clancarty to endeavor to disiA-
berit his successor the present Peer; ana TINS
TOO was the motiv. that seems 10 have actua'eo
the late Mr. Cutting. Now, on the continent 81
Europe this would be impossible. true tHe
French laws require that'evcn middle-aseu Pc
.nns sbou,d nrocure the consent Of their parents,
~ still living when they marry. in order L"
rnnder the ceremony valid. ana shouu 'he
narents decline to agree thereto. they must MAKE
three appeals entitled denominations HeSpec'u-
o,sas" Of intervals Of several months before be-
trQ able
on the other hand. when the marriage has been
contracted NJ matter whether the father anu
mother are displeased herewith or not. they
oorrot disinberit their child. Disinheritance
con only take place in France and elsewhere on
Tho Continent when the children have rendered
themselves guilty of some criminal onence' or
else when by reason Of their extravaganza OF
bankruptcy. they have been provided with Wha'
e termed In France "conseil judicaire' ana III
Germany with a "curatel" Both the one ana
the other are usually composed Of some reIi'NeS
IF the offender whose remaining property j.
vested IN their hands for administration ihel
acting much in the same manner as trustees OF
bankrupt, while the 'interdu as ne Is Ca"'u' 4
deharred from the exercise of most OF MS PIN
Naeas as a citizen and reduced to the condl'"'
of a minor. Of a person who Is hoV III Po970'
sion of his full mental faculties
While misconduct OF this kind Is suH'leht "
aahar from succession TO the estates eldest sons
IN those relatively few princey and mediauzeC
.oroil;as of Germany and Austria. where primo
o,iture has been permitted To remain IN force
4, &c not considered as adequate cause IN hhs
land for the forfeiture Of brthright No mat
GOV how reprehensible the conduct OF the eideS
son he cannot be excluded by his father iI""
the succession and possession or the ehIaie
estates. The greater part Of the landed prop
ertv IN the United Kingdom IS held by inns KIN
of tenure passing from father 10 eldest sor
each being considered only tenant for hf'
cbou,d the father die without making WILL IN
,arsonal property which he may leave ana WHO
e not included in the entail, and everything saw
real estate is divided in equal shares anon
III. Children or next Of kim and ne is at libert
IN d,spose by vii. Of everything except the 81
.ared nroperty In any manner that he secs II
ho1if
cause favor one Of the younger children at u
.,nansa NJ thc others in this matter and II
,yroneed party thereupon oppose the prooa
~ the will upon the plea that the testator IA
haen "unduly Influenced" or had not been IN u
endowment OF his full faculties at the ume
making his testamentary dispositions 'he c'u
will almost invariably favor the piaihul a' u
expense Of the defendant IL was thl" N"'"
edge alone that led Lady Theodore Guest
oonsent 70 share with her elder sisters the vel
large fortune which had been bequeathed cN''
syely TO her by her mother. the Ola MarcHio"
os Westminster. who died three years ago -"
Theodora did not consent 10 the paruuoii' IL"
ever. until her sisters Lady Jane LINDSAY 10"
Agnes Frank and Lady Octavia Shaw-"'e""
va instituted legal proceedings against IL
Had II not been for the somewhat disTeputa'
character Of the present Lord 81. Leonards'
court would never have admitted TO probate
will Of his grandfather by virtue OF WHICH ned
the whole Of the property was left 10 the 'eS
tors daughter. the Hon. Miss Sugden. ana 10
CLERGYMAN SON. the Rev. Frank Sugden
The younger sons and daughters are therei'
IN a great measure dependent upon wha'e'
share Of the personal property OF their pare'
the latter may choose TO bequeath TO '"e
and while a great many people deho"i
this system inequitablc. and demand 'he I"
II,ion OF primogeniture. there are others VINO
tribute thereto Great Britain's success ana p
eninence as a cOlonizing power. The youh'
sons 81 the landed gentry and nobility n
highly bred and we'll educated. being left WI
ont adequate means Of subsistence are lea
the shirt oil enterprise and adventure wh