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.