New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-10
Hard Luck for Editor.

Much sympathy will go out to NJ. Charles
NicOullaud. one OF the best known literary
men in Paris, in connection with the ex-
traordinary decision Just given by the SUI
preme Court of Appeal in France In con-
necticn with the memoirs OF the Comtesse
de Boigne, which, translated into almost
every European language, have been one
OF tile greatest successes in works of that
kind OF the last twenty or thirty years.
TIE Comtesse do Boigno left the manu-
script Of her four volumes Of memoirs 70
the late Due d Audiffret- Pasquier, the hero
II the last OF the many romances Of her
wonderful career The devisng clause in
her will. dated 1862, reads as follows: Il
leave to the care OF the Marquis Fasquer
(the then title Of the dtIIIe) four volumes
of manuscript OF my "reminiscences, on the
understanding that he should DO nothing
ther ewth save with the approval Il my
brother. the Marquis desmond, as long as
the latter lives Save for this stipulation
the Marquis Pasquier Is entirely free to do
what he wishes with the manuscript. and
leave 70 hin, every right 81 initiative in
connection with the work. I do not know
whether IT Is worth while Being published
manuscript 10 NJ Nicoulaud, and the lat
ter, after due. consultation with the heirs
OF the duke. published the work.
AS soon as It's great financial and literary
success was assured a claim was put for
ward 20 all the profits derived from the
publication and sale Of the work by a
woman Of the name Of Nile Modot She
was the fair friend Of the late Marquis
desmond and the mother of his daughter
whom he legally recognized his own
IRE marquis in question was the nephew
of the Comtesse de Boigne and az the son
II her brother he was her legal heir. Mile
Modot insists that her daughter, as the
recognized offspring OF the Marquis dos
mond, is his legal heir, and has the sole
right 70 the memoirs and 10 all the money
derived from their sale. She argues. more
ever. that they should not have been pub
ished without her authorization as guar
dian of her daughter. To this the heirs Of
the late Due d'Audiffret- Pasquier replied
that the memoirs were given by the Com
tesse de Boigne TO him without any stipu-
larion that he in turn had given the manu-
script TO Charles Nicoulaud, and that mas
much as they chat Is 10 gay, the heirs Of
the Due dAudifret- PasauierD had re-
ceived no pecuniary benefit from the publ
cation, it was ridiculous 10 claim damages
from them. The matter was carried from
one tribunal TO another, and the Supreme
Court recognized the right Of Mile. Modot,
or rather OF her daughter, 10 tho memoirs
OF the Comtesse de Boigne and 10 all the
money derived until now, or resulting in
tho future. from their publication, at the
same time according al indemnity of $4,000
70 Ncoullaud for his trouble In compiling
and editing them.
The Supreme ard final court OF appeal
has now not only confirmed Mile. Modot $
daughter in the ownership OF the Memoirs
Of the Comtesse de Boigne, but has de-
prived Charles Nicoullaud OF his indem-
nifty. IN fact. he receives no pecuniary re-
Enumeration whatsoever for his work i'm
producing a singularly successful series OF
memoirs This decision would hardly com
mend itself 90 American or English law
yers and can only be explained on the
ground that even illegitimate children. pro-
vding they have been recognized by their
father, are considered by the French law
To have rights TO his property