The herald., 1897-08-09

her claim that the custody of Edith
Dorothy Creede, the infant heiress un-
der the will, be awarded to her is not
likely to be considered.
A MOTHERS RIGHTS
The claim of Mrs. Bashford that the
custody of Edith Dorothy be awarded
to her is rather more intricate and con-
siderable Misrepresentation exists as to
her status in the contest that is being
waged In resisting her claim, w.
I'hifer, the brother-in-law of the de-
ceased millionaire, executor under the
will and guardian of Edith Dorothy,
splits no legal hairs, but boldly assever-
ates that Mrs. Baehford has an eye on
the loaves and fishes and desires the
custody of her little daughter fer the
reason that for many long years she
will, under such circumstances, have
the handling of the allowance made for
| her daughters care, maintenance and
education, and will practically be in
monetary clover for the remainder of
her day@. Her legal relation to the child
is somewhat peculiar When Edith
Dorothy was adopted by Nicholas c.
Creede the mother, as in all cases of
adoption, surrendered all claim and
right to her offspring. The tie of con-
| sanguinity could, of course, not be
broken, but all rights arising from it
were surrendered, and the mother had
no greater claim from thenceforward
upon her child than the veriest outsider
who had never seen the child. But Mrs.
Bashford claims that although Mr.
Creede legally adopted her babe, his
wife did not, and, that being SO, the
widow stands on a par with the worl6
at large so far as Edith Dorothy is con-
cerned. Mr.. Phifer, if the will should
be sustained, will no doubt be coneid,-
cred by the court as the natural guard
ian of the child, but meantime the valid
ity Of the document is being impugned
and in the interim it is claimed that the
rights of the mother are revived in the
absence of any properly appointed legal
guardian.
RULES OF INTERPRETATION
Rules of Interpretation or conetruc-
tion of wills depend chiefly on decisions
of the courts, and to a smaller extent on
statutory enactment The law has beer
brought into its present condition
through precedents extending back
for centuries, especially decisions of the
court of chancery, the court par excel
lence of construction, as distinguished
from the court of probate. The British
court of probate did not deal unless in
cidentally with the meaning of a will;
it's jurisdiction was confined to seeing
that it was duly executed. But rules of
Interpretation founded on principles of
equity independent of statute are very
numerous. The most important is that
l1,o i,,fa aff fIo To 1aC 4,
served. 1t was Sir e. Coke who termed
this rule the pole star to guide the
judges. There is a presumption against
intestacy; one part of the will is TO be
expounded by another Interlneations
and alterations are presumed to have
been made after, not as in ordinary
deeds before, execution; words are sup
posed to be used in their strict sense.
Full liberty Of disposition is not per-
mitted in the United States. Home
steads generally and dover estates fire.
quently, are not devisable. In no state
can children be disinherited without
good cause, and in California children
omitted from a will are still entitled to
a share. The widow, too, is entitled to
her share ordinarily, and whether she
can surrender her legal claim by con-
tract with her husband is one of the
matters of dispute in the Creede case.
ODDITIES IN LL-MAKING
Not infrequently nagging wives lack
ing the gift Of sympathy find themselves
at a disadvantage after neglecting or
henpecking their husbands for years
with impunity. At the reading of the
will they discover that the worm has
turned al last and they have to face their
day of reckoning. The Widows claim al
lowed by law then proves advantageous
as set off to the evident desire of the
testator to leave her without cent or
handicapped by heavy conditions. Thus
a testator left his wife an annuity of one
shilling to provide her with supply of
those hazel nuts which she was always
busily engaged cracking whenever my
stockings required mending."
Mrs. Dickinson had a legacy of $500 900
allotted to her; but there was fly in the
soothing ointment
when l remember" so ran her hus-
bands testamentary pen, that the only
happy times l ever enjoyed were those
when my wife sulked with me, and when
1 RENE mber that my married life might
for this reason be considered to have
been a fairly happy one, because she was
nearly always s'ulking, am constrained
to forget the repulsion the. contempla-
ton of her face inspired me with, and
leave her the sum of 100000 on condition
that she undertakes to pass two hours
day at my graveside for the ten years
following my decease, in company with
her sister, whom l have reason to know
she loathes worse than she does my
SELF
Another Wife of the "tabby" variety is
thus described in her husbands will,
who was evidently a strictly just man:
my wife, since our marriage, has done
everything she could to make my life
miserable, so much so that I have fire.
ouently thought she was sent into this
world for the'express purpose of getting
me out of it. AS she has been con-
stant wife, I must therefore leave her
my fortune; but in order to prevent her
making another man as wretched as she
has me, wish all moneys that 1 may die
possessed of to be held in trust, and the
interest paid her only as long as she re-
mains widow"
A more pleasing picture of domestic
life is suggested by the will of a Mr.
Wheatstone a lawyer, who concluded
his last will and testament as follows:
"As to my worldly goods now or to be in
store,
give to my beloved wife and hers for