The Mirror of Literature, Amusement, and Instruction. Volume 19, No. 544, April 28, 1832

WILLS,

Abridged from Powell's Advice to Executors, (just published.)

Queen Consort.—An ancient perquisite belonging to the Queen Consort was, that on the taking of a whale on the coasts, it should be divided between the King and Queen; the head only becoming the King's property, and the tail the Queen's. The reason of this whimsical distinction, as assigned by our ancient records, was to furnish the Queen's wardrobe with whalebone.

A civil Death is where a husband has undergone transportation for life. In such case, his wife is legally entitled to make a will, and act in every other matter, as if she was unmarried, or as though her husband were dead.—Roper's Husband and Wife.

Pin Money.—It has been judicially determined, that a married woman having any pin-money, (by which is understood an annual income settled by the husband, before marriage, on his intended wife, or allowed by him to her after marriage, gratuitously, for her personal and private expenditure during the existence of the marriage,) or any separate maintenance, may, by will, bequeath her savings out of such allowance, without the license or consent of her husband.—Clamey's Equitable Rights of Married Women.

Compulsory Will.—So cautious is the Ecclesiastical Court in guarding against restraint of any kind, that in a case in which it was proved that a man, in his last sickness, was compelled to make his will to procure quiet from the extreme importunity of his wife, it was held to have been made under restraint, and was declared void.

Wills of Criminals.—The lands and tenements of traitors, from the commission of the offence, and their goods and chattels, from the time of their conviction, are forfeited to the king. They have therefore no property in either; and are not merely deprived of the privilege of making any kind of will after the period of their conviction, but any will previously made is rendered void by such conviction, both as respects real and personal estate. The law respecting felons is the same, unless it be worth recording that a remarkable exception exists in favour of Gavelkind lands, which, even though the ancestor be hanged, are not forfeited for felony.

Bachelors' Wills.—Without any express revocation, if a man who has made his will, afterwards marries, and has a child or children, his will, made while a bachelor, will be presumptively revoked, both as regards real and personal estate, and he will be pronounced to have died intestate. The law presumes that it must be the natural intention of every man to provide for his wife and offspring before all others, and, consequently, in such a case, apportions his property according to the Statute of Distributions. But the fact of a marriage alone, without a child, is no revocation; and though both facts conjoin to revoke the will, yet such revocation is only on the presumption that the testator could not have intended his will to remain good. If, on the other hand, from expressions used by him, and other proof, it be made to appear unquestionable that it was his intent that his will should continue in force, the marriage and birth of children will not revoke it.

Paraphernalia of a Widow.—These are defined to be "such goods as a wife is, after her husband's death, allowed to retain in preference to all creditors and legatees; as necessary wearing apparel, and jewels, if she be of quality; and whether so or not, all such ornaments of the person, as watches, rings, and trinkets, as she used to wear in her husband's life-time. Under the term 'wearing apparel' are included whatsoever articles were given to her by her husband for the purpose of being made up into clothes, although he may have died before they were made up." (Clamey.) It should be added, however, that the jewels of the wife are, after her husband's death, liable to the payment of his debts, should his personal estate be exhausted; though her necessary wearing apparel is protected against the claim of all creditors.

SUPERSTITION OF SAILORS

The following is from Messrs. Bennet and Tyerman's Voyages and Travels: "Our chief mate said, that on board a ship where he had served, the mute on duty ordered some of the youths to reef the main-top-sail. When the first got up, he heard a strange voice saying, 'It blows hard.' The lud waited for no more; he was down in a trice, and telling his adventure; a second immediately ascended, laughing at the folly of his companion, but returned even more quickly declaring that he was quite sure that a voice, not of this world, had cried in his ear, 'It blows hard.' Another went, and another, but each came back with the same tale. At length the mate, having sent up the whole watch, run up the shrouds himself; and when he reached the haunted spot, heard the dreadful words distinctly uttered in his ears, 'It blows hard.' 'Ay, ay, old one; but blow it ever so hard, we must ease the earings for all that,' replied the mate undauntedly; and looking round, he spied a fine parrot perched on one of the clues—the thoughtless author of all the false alarms, which had probably escaped from some other vessel, but had not been discovered to have taken refuge on this. Another of our officers mentioned that, on one of his voyages, he remembered a boy having been sent up to clear a rope which had got foul above the mizen-top. Presently, however, he came back, trembling, and almost tumbling to the bottom, declaring that he had seen 'Old Davy,' aft the cross-trees; moreover, that the Evil One had a huge head and face, with pricked ears, and eyes as bright as fire. Two or three others were sent up in succession; to all of whom the apparition glared forth, and was identified by each to be 'Old Davy, sure enough.' The mate, in a rage, at length mounted himself; when resolutely, as in the former case, searching for the bugbear, he soon ascertained the innocent cause of so much terror to be a large horned owl, so lodged as to be out of sight to those who ascended on the other side of the vessel, but which when any one approached the cross-trees, popped up his portentous visage to see what was coming. The mate brought him down in triumph, and 'Old Davy,' the owl, became a very peaceable shipmate among the crew, who were no longer scared by his horns and eyes; for sailors turn their backs on nothing when they know what it is. Had the birds, in these two instances, departed as they came, of course they would have been deemed supernatural visitants to the respective ships, by all who had heard the one or seen the other." W.G.C.

THE GATHERER

Hard Duty.—As a gentleman's coachman washed his master's carriage during divine service on Sunday morning, he was heard to say that "he hoped his master and mistress prayed for him, as he had no time to pray for himself." He brought his lady home from the Opera at one in the morning; then went to fetch his master from the "Hell" in St. James's-street, and by the time he had littered and rubbed down his horses, and got to his own bed, it was four o'clock; he thought after that he could not do less than sleep till nine; by half-past-ten he had got his breakfast, and at twelve his carriage was ready; at one he took his dinner; at two he was ordered to be at the door to take his lady and the young ladies to the Park; at five he returned, and was ordered out at six, to carry the family to dinner; after setting them down, he was directed to come at half-past eleven; and by two o'clock on Monday morning, the poor man was once more in his bed.

Le Due de Bourdeaux.—It was still dark when the order was given to notify the auspicious birth of the young Duc de Bordeaux, in November, 1820, to the inhabitants of Paris. It was observed to the Duc de Richelieu, that it might perhaps be better to wait for the break of day, to fire the cannon; to which he replied, "For news so glorious, it is break of day at all times."S.H.

Scriptural Memoranda.—Verse 18, chap. xii. of the first Book of Maccabees, will make an excellent motto for a seal. The 21st verse of the 7th chap. of Ezra, contains every letter of the alphabet. The 19th chap, of the 2nd Book of Kings, and the 37th of Isaiah, are alike, as are also the 31st chap, of the first Book of Samuel, and the 10th chap, of the 1st Chronicles.T. GILL.

"Caviare to the Multitude," is as good a simile as Shakspeare ever made, for where is the artisan, but after having tasted it, began to spit and splutter as though he had been poisoned, while the aristocrat, the one in a thousand, licks his lips after it, as the greatest delicacy. This article is the roe of the sturgeon, salted down and pressed, and is imported into this country from Odessa.S.H.

Man-killing and Man-eating.—I really do not think the New Zealanders are half so barbarous as the Russians, whatever other folks may say of it, and I'll abide by what I've said too: it is true they sometimes indulge a little by eating a man for dinner, as a delicacy; but leaving eating out of the question, one Russian chief caused more bloodshed last year, than all the New Zealanders put together; and after all, it is an undoubted fact, that a couple of Russians will eat up a rein-deer at a meal! (that is, they will not give over till they have finished it,) so they do not want appetite; and if they were in New Zealand, and a man were to fall in their way, it is very likely that they would eat him.S.H.

Generosity of Marshal Turenne.—The deputies of a great metropolis in Germany, once offered the great Turenne 100,000 crowns not to pass with his army through the city. "Gentlemen," said he, "I cannot, in conscience, accept your money, as I had no intention to pass that way."T. GILL.

Spain.—It is remarkable that the Carthaginians having established colonies in Spain, drew their riches from that country, as the Spaniards themselves afterwards did from South America.

Breakfast.—It has been observed, such is our luxury, that the world must be encompassed to furnish a washerwoman with breakfast: with tea from China, and sugar from the West Indies.

Bamboo.—The largest and tallest sort of bamboo, known In India, is about half the height of the London Monument, or 100 feet.

Brick-building was practised largely in Italy in the beginning of the fourteenth century; and the brick buildings erected at this period in Tuscany, and other parts of the north of Italy, exhibit at the present day the finest specimens extant of brick-work!

Nothing Impossible.—Mirabeau's haste of temper was known, and he must be obeyed. "Monsieur Comte," said his secretary to him one day, "the thing you require is impossible." "Impossible!" exclaimed Mirabeau, starting from his chair, "never again use that foolish word in my presence."—Dumont's Mirabeau. (This brief anecdote should never be forgotten by the reader: it is more characteristic than hundreds of pages; it is, to all men, a lesson almost in a line.)

"Nice to a Shaving."—When Louis VII. of France, to obey the injunctions of his bishops, cropped his hair and shaved his beard, Eleanor, his consort, found him with this unusual appearance, very ridiculous, and soon very contemptible. She revenged herself as she thought proper, and the poor shaved king obtained a divorce. She then married the Count of Anjou, afterwards our Henry II. She had for her marriage dower the rich provinces of Poitu and Guyenne; and this was the origin of those wars which for three hundred years ravaged France, and cost the French three millions of men: all which, probably, had never occurred, had Louis VII. not been so rash as to crop his head, and shave his beard, by which he became so disgustful in the eyes of our Queen Eleanor.W.A.

American Wife.—The following advertisement for a wife appeared a few years since, in a New York paper:—"Wanted immediately, a young lady, of the following description, (as a wife,) with about 2,000 dollars as a patrimony, sweet temper, spend little, be a good housewife, and born in America; and as I am not more than twenty-five years of age, I hope it will not be difficult to find a good wife. N.B. I take my dwelling in South Second Street, No. 273. Any lady that answers the above description will please to leave her card."W.G.C.

The following is said to be an unpublished epigram of Lord Byron:—

An old phlegmatic Dutchman took
A pretty Jewish wife,
And what still more surprising is,
He lov'd her 'bove his life—
Oh! Holland and Jerusalem,
What, tell me, do you think of them?

A Queer Library.—The eccentric physician, Dr. Radcliffe, when pursuing his studies, was content with looking into the works of Dr. Willis. He was possessed of very few books, insomuch that when Dr. Bathurst, head of Trinity College, asked him once with surprise, where his study was? he pointed to a few vials, a skeleton, and a herbal, and said, "Sir, this is Radcliffe's Library."P.T.W.

How to detect a Thief.—A watch was stolen in the Pit of the Opera, in Paris; the loser complained in a loud voice, and said, "It is just nine; in a few minutes my watch will strike; the second is strong; and by that means we shall instantly ascertain where it is." The thief, terrified at this, endeavoured to escape, and by his agitation discovered himself.

T. GILL.

notes

1

See Mirror, vol. xiii. p. 33.

2

A graphic Account of the Colosseum, from the apt pen of Mr. Britton, the architect.

3

See Mirror, vol. xiii. p. 97.

4

There are now (June) five young emus alive, and appearing perfectly healthy.