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The first of these dated from ten years back, and consisted of a series of dispositions by which he left the great mass of property to his daughter, with becoming legacies to his two sisters. The second was a codicil, of recent origin, maintaining the annuities to Mrs. Penniman and Mrs. Almond, but reducing Catherine's share to a fifth of what he had first bequeathed her.
A codicil might be expressed in any mode, or in any language; but the subscription of five witnesses must declare that it was the genuine composition of the author. His intention, however laudable, was sometimes illegal; and the invention of fidei-commissa, or trusts, arose from the struggle between natural justice and positive jurisprudence.
It appears that my grandfather before he died made a codicil to his will, and handed it over to the keeping of my father, forbidding him to ever show it to any one, until the right time came to act upon it. I suppose the poor old man may have wished to right matters a little, and had got over his bitterness about my father's marriage.
Such were the facts. John Massingbird told them to Jan, suppressing any little bit that he chose, here and there. The doubt about the codicil, for instance, and its moving motive in the affair, he did not mention. "It has been the best fun I ever had in my life," he remarked. "I never shall forget the parson's amazed stare, the first time I passed him. Or old Tynn's, either, last night.
There was the old will made long before, leaving whatever there was to leave unconditionally to the wife, with the sole guardianship of the children; and there was the codicil dated the 16th of October 1854, appointing Charles Somerville Audley, clerk, to the guardianship in case of the death of the mother, while they should all, or any of them, be under twenty-one, and directing that in that contingency the property should be placed in his hands as trustee, the interest to be employed for their maintenance, and the capital to be divided equally among them, each receiving his or her share on coming of age.
A codicil dated twenty years later, June 30, 1802, the very day of Andrew Hite's death, stated that all subsequent wills having been rendered null and void by the death of the testator's adopted son, Stephen Balleau Hite, were destroyed, and that the testator, Andrew Thurston Hite, decreed that the will dated May 2, 1782, should be his last will and testament.
People opined without listening to him; and tumultuously, but with one voice, the entire abrogation of the codicil was passed. This was premature, as the abrogation of the testament had been in the morning both caused by sudden indignation. D'Aguesseauand Fleury both spoke, the first in a few words, the other at greater length, making a very good speech.
Mat had declared to his father his conviction that Lady Mason had forged the codicil in question, and the father was now also convinced that she had done so. "Unfortunate woman!" he said; "poor, wretched woman!" And then he began to calculate what might yet be her chances of escape. On the whole he thought that she would escape.
Francis Barber, whom he looked upon as particularly under his protection, and whom he had all along treated truly as an humble friend. Having asked Dr. After making one, which, as Sir John Hawkins informs us, extended no further than the promised annuity, Johnson's final disposition of his property was established by a Will and Codicil, of which copies are subjoined .
Segovia became a dull and somewhat hostile water where rode at last anchor the ship of the Admiral. DON FERNANDO met me at the door. "He is wandering he thinks he is in Cordova with my mother." He came from that and said he would get up and go to mass. Persuaded to lie quiet, he talked of his will, drawn before his third voyage, and said that he would have it read to him, and make a codicil.
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