The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-04-10


A Charles Nicoullaud, one Of the
lVl best known literary men IN
Paris In connection with the
extra ordinary decision just given BY
the Supreme Court or Appeal in
France regarding the memoirs OF the
Comtcssc de Boignc, which, translated
into almost every European language
have been one of the greatest successes
in works of that kind Of the last
twenty or thirty years.
The Comtessc dc Boignc left the
manuscript OF her four volumes OF
memoirs TO the late DUO d'Audinrct-
pasnuicr, the hero Of the last of The
many ronenccs of her wonderful
career. The dcvising clause in her
Will, dated 1862. reads as follows: II
leave 10 the care Of the Marquis pas
uuicr (thc then title Of the duke) four
volumes of manuscript OF my reninis-
ccnccs, on the understanding that he
should do nothing herewith save with
the approval OF my brother the Mar
quis desmond, as long as the latter
lives. save for this stipulation, the
Marquis Pasquicr is entirely free to
do what lie wishes with the manu-
Of initiative in connection with the
work. do not know whether IL is
worth while being published"
The Duke d'Audiifret- Pasquicr gave
o.,
the latter, after due consultation with
the heirs Of The duke, published the
work.
IS soon as its great financial and
was put forward to all the profits de-
rived from the publication and sale
OF the work BY lady Of the name Of
Mule. Modot. She was the fair friend
Of the late Marquis desmond, and the
mother Of his daughter. whom he
legally recognized as his own. The
marquis in question was the nephew
OF the Countess de Boigne. and as the
heir. Mile. Modot insists that her
daughter. as the recognized offspring
OF the Marquis d'Osmond, is his legal
heir. and has the sole right to the
rived from their sale. She argues,
moreover, that they should not have
been published without her authorize
ton as guardian OF her daughter. TO
d'Audiffrct Pasquier replied that the
memoirs were given by the Comtesse
de Boigne to him without any stipula-
ton; that he in turn had given the
manuscript to Charles Nicoullaud, and
that inasinuch as they Chat is to say,
the heirs Of the Duke d'AudiTrct-
Pas1uier) had received no pccuniary
benefit from the publication it was
ridiculous to claim damages from them.
Tho matter was carried from ono
tribunal TO another. and the Supreme
court. EeCOSTlIcN the right OF Mile.
AIodot or rather Of her daughter. to
tho memoirs of the Comtesse dc
Boigne. and TO all the money derived
until now, Or resulting in the future,
from their publication. at the same
time according an indemnity OF $4,000
to Nicoullaud for his trouble in com
pling and editing them.
The Supreme and final Court of APP
peal has now not only confirmed Mile.
Modot's daughter in the ownership Of
the memoirs of the Comtesse dc
Nicoullaud Of his indemnity. In fact he
received no pecuniary remuneration
whatsoever for his work in producing
Il sincularly successful series of me-
moirs. This decision would hardly
commend itself to American or Eng
fish lawyers, and can only be eX-
planned on the ground that even
illegitimatc children. providing they
have been recognized by their father.
are considered by the French law to
have rights to his property.
The ComtcSse dc Boigne was n mem
Der of the Osmond family, one Of the
most ancient and historic in France.
| On her mothers side she came from
the billions OF Roscommon. ii branch
or Which had settled in Bordeaux in
The early part Of tho eighteenth cen
fury IN her childhood she resided at
the court Of her uncle. tho Archbishop
OF Norbonnc and after the outbreak
OF the Revolution emigratcd to Eng
land, where her mother, the Comtcssc
desmond. became extremely intimat G
With Mrs Fitzhcrbert, the morEanntic
wife OF George, Regent Prince OF
| Wales She sacrificed her happiness
FOR the sake Of her parents, then in a
state OF nenury; by marrying General