eaths forty
acres of arable property, which it seems she held under Covert
Baron, unknown to my Brother, to the heirs of the body of Elizabeth
Dowden, her married daughter by her first husband, in fee simple,
recoverable by fine--invested property, mind, for there is the
difficulty--subject to leet and quit rent--in short, worded in the
most guarded terms, to shut out the property from Isaac Dowden the
husband. Intelligence has just come of the death of this person in
India, where he made a will, entailing this property (which seem'd
entangled enough already) to the heirs of his body, that should not
be born of his wife; for it seems by the Law in India natural
children can recover. They have put the cause into Exchequer Process
here, removed by Certiorari from the Native Courts, and the question
is whether I should as Executor, try the cause here, or again
re-remove to the Supreme Sessions at Bangalore, which I understand I
can, or plead a hearing before the Privy Council here. As it
involves all the little property of Elizabeth Dowden, I am anxious
to take the fittest steps, and what may be the least expensive. For
God's sake assist me, for the case is so embarrassed that it
deprives me of sleep and appetite. M. Burney thinks there is a Case
like it in Chapt. 170 Sect. 5 in Fearn's _Contingent Remainders_.
Pray read it over with him dispassionately, and let me have the
result. The complexity lies in the questionable power of the husband
to alienate in usum enfeoffments whereof he was only collaterally
seized, etc."
[On the leaf at this place there are some words in another hand.--F.]
"The above is some of M. Burney's memoranda, which he has left here,
and you may cut out and give him. I had another favour to beg, which
is the beggarliest of beggings. A few lines of verse for a young
friend's Album (six will be enough). M. Burney will tell you who she
is I want 'em for. A girl of gold. Six lines--make 'em eight--signed
Barry C----. They need not be very good, as I chiefly want 'em as a
foil to mine. But I shall be seriously obliged by any refuse scrap.
We are in the last ages of the world, when St. Paul prophesied that
women should be 'headstrong, lovers of their own wills, having
Albums.' I fled hither to escape the Albumean persecution, and had
not been in my new house 24 hour
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