Now, we have already said that a liberal provision could not be less than the law gives us. In that view of the case, she should have, in lieu of her dower, the five thousand dollars, and, on account of the will she should have at least whatever one-third of the personal property is worth.
It seems to me that one of those two courses must be pursued. Here is an old man who wants to get a woman some twenty-five years younger than he is. Just think how Mr. Pancoast's blood would throb at a woman twenty-five years younger than he. Think what visions would haunt his brain. Think of the Cupids that, with outstretched wings, would follow in the darkness of the night as he contemplated his happiness. Here was a man of that age who wanted this woman, and taking into consideration his ideas of money—a man that considered a thousand dollars a liberal provision; one worth two hundred and thirty thousand dollars or two hundred and forty thousand dollars, offering her five thousand dollars—he wanted her badly. You can hardly think of a more wonderful thought visiting his brain than that of giving all that money for a woman nearly twenty-five years younger than himself.
I want to be kind to Mr. Russell; I want to say that he was honestly in love with this woman. I want to be respectful to her by saying that the affection was reciprocated, and that on her part it was absolutely honest. But I do say that Mr. Russell withheld from her the information as to his property. Mr. Russell endeavored to drive the best bargain he could, and I say that by keeping back the facts that he was bound to make known to her, he defeated himself—that while he did deceive her, he destroyed his contract.
Now, by no way of reasoning I can think of can you arrive at any different conclusion. All matters of this kind, of course, should be dealt with from a high standard, the highest standard we have, the very highest. The affection that man has for woman is, in my judgment, the holiest and the most beautiful thing in nature; the affection that woman has for man—that affection, that something that we call love—has done all there is of value in the world. It has civilized mankind; made all the poems, painted all the pictures, and composed all the music. Take it from the world and we shall be simply wild beasts—far worse than wild beasts, for they have affection for each other and for their young.
So I say this should be treated from the highest possible standpoint, and treating it in that way your Honor must say that a woman must act with a full knowledge of every fact that had any bearing upon the question to be decided by her; and if she was not put in possession of all of these facts, by the man who said he loved her, then the contract is void.
On the other hand, if the contract is held valid, and with it the agreement to provide liberally for her in his will, then I say that there can be no liberality that does not go beyond the law. In the one case she is entitled to five thousand dollars and one-third of the personalty, and in the other case she is entitled to her dower.