l opinions, heard nothing of his wife and
children. He kept all such matters quite to himself, and was not
given to much social intercourse with those among whom his work lay.
Out at Streatham, where he lived, Mrs. Dove probably had her circle
of acquaintance;--but Mr. Dove's domestic life and his forensic life
were kept quite separate.
At the present moment Mr. Dove is interesting to us solely as being
the learned counsel in whom Mr. Camperdown trusted,--to whom Mr.
Camperdown was willing to trust for an opinion in so grave a matter
as that of the Eustace diamonds. A case was made out and submitted
to Mr. Dove immediately after that scene on the pavement in Mount
Street, at which Mr. Camperdown had endeavoured to induce Lizzie to
give up the necklace; and the following is the opinion which Mr. Dove
gave:--
There is much error about heirlooms. Many think that
any chattel may be made an heirloom by any owner of it.
This is not the case. The law, however, does recognise
heirlooms;--as to which the Exors. or Admors. are excluded
in favour of the Successor; and when there are such
heirlooms they go to the heir by special custom. Any
devise of an heirloom is necessarily void, for the will
takes place after death, and the heirloom is already
vested in the heir by custom. We have it from Littleton,
that law prefers custom to devise.
Brooke says, that the best thing of every sort may be an
heirloom,--such as the best bed, the best table, the best
pot or pan.
Coke says, that heirlooms are so by custom, and not by
law.
Spelman says, in defining an heirloom, that it may be
"Omne utensil robustius;" which would exclude a necklace.
In the "Termes de Ley," it is defined as "Ascun parcel des
ustensiles."
We are told in "Coke upon Littleton," that Crown jewels
are heirlooms, which decision,--as far as it goes,--denies
the right to other jewels.
Certain chattels may undoubtedly be held and claimed as
being in the nature of heirlooms,--as swords, pennons of
honour, garter and collar of S. S. See case of the Earl
of Northumberland; and that of the Pusey horn,--Pusey v.
Pusey. The journals of the House of Lords, delivered
officially to peers, may be so claimed. See Upton v. Lord
Ferrers.
A devisor may clearly devise or limit the possession
of chattels, making them inalienable by devisees in
succession. But in such cas
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