lia is
more doubtful. I do not know that Lord Hardwicke's ruling
would decide the case; but, if so, she would, I think,
be debarred from selling, as he limits the use of jewels
of lesser value than these to the wearing of them when
full-dressed. The use being limited, possession with power
of alienation cannot be intended.
The lady's claim to them as a gift from her husband
amounts to nothing. If they are not hers by will,--and it
seems that they are not so,--she can only hold them as
paraphernalia belonging to her station.
I presume it to be capable of proof that the diamonds were
not in Scotland when Sir Florian made his will or when he
died. The former fact might be used as tending to show his
intention when the will was made. I understand that he did
leave to his widow by will all the chattels in Portray
Castle.
J. D.
15 August, 18--.
When Mr. Camperdown had thrice read this opinion, he sat in his chair
an unhappy old man. It was undoubtedly the case that he had been
a lawyer for upwards of forty years, and had always believed that
any gentleman could make any article of value an heirloom in his
family. The title-deeds of vast estates had been confided to his
keeping, and he had had much to do with property of every kind;
and now he was told that, in reference to property of a certain
description,--property which, by its nature, could only belong to
such as they who were his clients,--he had been long without any
knowledge whatsoever. He had called this necklace an heirloom to John
Eustace above a score of times; and now he was told by Mr. Dove not
only that the necklace was not an heirloom, but that it couldn't have
been an heirloom. He was a man who trusted much in a barrister,--as
was natural with an attorney; but he was now almost inclined to doubt
Mr. Dove. And he was hardly more at ease in regard to the other
clauses of the opinion. Not only could not the estate claim the
necklace as an heirloom, but that greedy siren, that heartless snake,
that harpy of a widow,--for it was thus that Mr. Camperdown in his
solitude spoke to himself of poor Lizzie, perhaps throwing in a
harder word or two,--that female swindler could claim it
as--paraphernalia!
There was a crumb of comfort for him in the thought that he could
force her to claim that privilege from a decision of the Court of
Queen's Bench, and that her greed would be exposed should she do s
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