Miss Masterman, who made a point of inquiring into every one’s affairs,

soon became aware of this, and as want of generosity was by no means to

be numbered among her failings, she rightly judged that it would not

be reasonable to expect a man to give his mind to his work if he were

weighed down by other cares; so, in an evil hour for himself, poor Mr

Lambe accepted from the lady a sum of money sufficient to defray his

debts—a sum for which, as he soon found, he would have to pay compound

interest in the way of blind obedience to Miss Masterman’s behests. Not

a funeral could be performed, not a marriage could be solemnised, not

an infant could be baptised, without Miss Masterman’s permission; and

it was even asserted by some that Miss Masterman selected the texts for

the poor man’s sermons! The only oasis in his desert was the annual

departure of Miss Masterman for change of air; then, and then only,

did Mr Lambe breathe in peace. For a brief period, he felt that he was

really master of himself. He could sit down and smoke his pipe without

fear that his sitting-room door would be rudely flung open by an

imperious female of fierce aspect, who would lecture him on his sinful

extravagance in the use of tobacco, when he couldn’t pay his debts.

One bright August morning, Miss Masterman was seated at her breakfast

table, and having concluded her meal, had taken up the morning paper

and was studying the advertisements, holding the paper at arm’s-length

with an air of grim combativeness, as if she were prepared to give

battle to any or all the advertisers who did not offer exactly what she

sought. Suddenly, she pounced upon the following: ‘A Home is offered in

a Country Rectory by a Rector and his family for two or three months

to a Single Lady needing change of air. House, with large grounds,

conservatories, pony-carriage, beautiful scenery.—Address, Rector,

_Clerical Times Office_.’

‘That will do,’ said Miss Masterman to herself; and, with her usual

promptitude, she sat down then and there and wrote to the advertiser,

asking particulars as to terms, &c. And in due course she received

an answer so perfectly satisfactory in every respect, that the end

of the month found her comfortably installed in the charming rectory

of Sunnydale, in the county of Hampshire, in the family of the Rev.

Stephen Draycott, rector of Sunnydale.

The rector’s family, besides himself and his wife, consisted of two

sons and two daughters, all grown up, with the exception of Master

Hubert, a boy of ten years old, who was endowed with such a remarkable

fund of animal spirits that he was the terror of the neighbourhood;

and from the first moment of Miss Masterman’s arrival, he became the

special _bête noire_ of that lady. With all the other members of the

family, Miss Masterman was much pleased. The rector himself was a

polished and dignified person, and by the extreme, if rather laboured,

courtesy of his manners, he endeavoured to tone down the somewhat

exuberant spirits of the rest of his family. Mrs Draycott was a gentle,

refined matron, with a sweet, though rather weary face, and was simply

adored by her husband and children. The two daughters, Adela and

Magdalen, were charming girls, full of fun, and very popular with their

two brothers, of whom the senior, Clive, was aged nineteen.

To the young people, Miss Masterman’s arrival was little short of

a calamity; they were so much in the habit of freely stating their

opinions on all subjects without restraint, that the presence of a

stranger appeared to them an unmitigated bore. It was in vain that

their mother reminded them that the handsome sum paid by Miss Masterman

for her board would be a very desirable addition to the family

exchequer. At a sort of cabinet council held after she had retired to

her room the first night after her arrival, Master Hubert expressed, in

schoolboy slang, his conviction that she was a ‘ghastly old crumpet;’ a

nickname which she retained until a servant one day brought in a letter

which, she said, was addressed to ‘Miss Pobe Masterman;’ from which

moment, Miss Masterman went by the name of ‘Pobe’ till the end of her

visit—a piece of irreverence of which that lady happily remained quite

unconscious.

By the time Miss Masterman had settled down in her new abode, the

principal ladies of the parish came to call upon her; and as some of

them were not only rich but very highly connected, Miss Masterman

greatly appreciated their kind attentions. Among them was a Lady

O’Leary, an Irish widow, with whom Miss Masterman soon struck up a

great intimacy. Lady O’Leary was generally believed to be a person

of large fortune; but as this supposition was based entirely on her

own representations with regard to property in Ireland, there were

some sceptical spirits who declined to believe in it as an established

fact. Lady O’Leary shared three furnished rooms with a Miss Moone, who

lived with her as companion; and it soon became quite an institution

for Miss Masterman to take tea with her two or three times a week at

least. On these occasions, the two ladies—for Miss Moone discreetly

withdrew when Lady O’Leary had visitors—discussed all the affairs

of the parish, until, by degrees, they got upon such thoroughly

confidential terms, that before long they had imparted to each other

their joint conviction that the general moral tone of the parish was

lamentably low, and that it was doubtless owing in a great measure to

the deplorably frivolous conduct of the family at the rectory; for Miss

Masterman had discovered, to her amazement and horror, that the rector

not only permitted his daughters to read Shakspeare, but even gave them

direct encouragement to do so. Nor was this all; he actually was in the

habit, once a year, of taking all his children up to London to see the

pantomime at Drury Lane!

Among the more frequent visitors at the rectory was a Mrs Penrose, an

exceedingly pretty young widow, who had recently taken a small house

in the village, where she lived very quietly with an old servant,

who appeared greatly attached to her mistress. The widow, who was

apparently not more than five-and-twenty, was a charming brunette, with

sparkling black eyes, and hair like waves of shining brown satin; and

her sweet face and animated manners made her generally very popular

in the village, where she visited the poor and assisted the rector in

various parochial works of charity. Especially was she a favourite at

the rectory, not only with Mr and Mrs Draycott, but with the young

people, her presence in the family circle invariably giving rise to

so much hilarity, that even the rector was attracted by the general

merriment, and would leave his study to come and sit with his family,

and allow himself to join in their mirth at Mrs Penrose’s lively

sallies. Indeed, he had even been heard to declare, in Miss Masterman’s

hearing, to that lady’s unspeakable disgust, that when he was fagged

and worried with the necessary work of a parish, a few minutes of Mrs

Penrose’s cheerful society acted on his mind like a tonic.

Miss Masterman, from the first, had taken an extraordinary antipathy to

Mrs Penrose, who appeared to her to be everything that a widow ought

not to be! Her bright face and unflagging spirits were a constant

offence to the elder lady, though she had often been told that the late

Captain Penrose was such a worthless man that his early death, brought

about entirely by his own excesses, could be nothing but an intense

relief to his young widow, who was now enjoying the reaction, after

five years of married misery. Miss Masterman’s dislike to Mrs Penrose

was fully shared by her friend Lady O’Leary; and they both agreed that

the widow was in all probability a designing adventuress, and deplored

the infatuation which evidently blinded the rector as to her real

character, for, as Lady O’Leary observed: ‘Though it was given out that

Mrs Penrose was the particular friend of _Mrs_ Draycott, the rector’s

partiality was obvious!’

Miss Masterman had been at Sunnydale for six weeks, when one morning

she received a letter from her housekeeper, informing her that Mr Lambe

had taken upon himself to remark that the orphans were looking pale and

jaded, and that he was going to take them all to spend a day at the

seaside. Miss Masterman, on reading this letter, felt most indignant,

and at once wrote to Mr Lambe to forbid the proposed excursion; and

after enumerating the many obligations under which she had laid him—not

forgetting the hundred pounds she had lent him—she concluded by

expressing her surprise that he should presume to interfere with her

special protégées in any way whatever.

To this Mr Lambe replied that he was ‘extremely sorry if he had

offended Miss Masterman; that he had imagined that she would be pleased

for the orphans to have the treat, particularly as some of them

looked far from well; but that, having promised the children, it was

impossible for him to break his word, particularly as he had ordered a

van for their conveyance and made all the necessary arrangements for

the trip; he therefore trusted that Miss Masterman would forgive him if

he still kept his promise to his little friends.’

Furious at this unexpected opposition to her will, Miss Masterman at

once went in search of Mrs Draycott to inform her that it was necessary

for her to go home for a week or ten days on business of importance.

Finding that Mrs Draycott was not at home, she repaired to the rector’s

study, and after knocking at the door, and being told to enter, she

informed Mr Draycott of her intentions. Saying that she must write home

at once, she was about to withdraw, when Mr Draycott courteously asked

her if she would not write in the study, to save time, as he was just

going out. Miss Masterman thanked him; and as soon as he had gone, sat

down and wrote to her housekeeper to say that she would be at home the

following day without fail. Having finished her letter, she was about

to leave the room, when she observed a note in a lady’s handwriting,

which had apparently slipped out of the blotting-pad on to the floor.

She picked it up, and was about to return it to its place, when the

signature, ‘Florence Penrose,’ caught her eye. ‘What can that frivolous

being have to say to the rector?’ thought Miss Masterman; and feeling

that her curiosity was too strong to be resisted, she unfolded the

note, and read the following words:

MY DEAR FRIEND—I have just received the diamonds, which are exactly

what I wanted. The baby’s cloak and hood will do very well. I have

now nearly all that I require. My only terror is, lest our secret

should be discovered.—In great haste. Yours, as ever,

FLORENCE PENROSE.

_P.S._—I hope you won’t forget to supply me with plenty of flowers.

Here was a discovery! For a few moments Miss Masterman sat motionless

with horror; her head was in a whirl, and she had to collect her

thoughts before she could make up her mind what to do. The first

definite idea that occurred to her was to secure the note; the next

was, to show it to Lady O’Leary and to discuss with her what was to be

done. As soon, therefore, as she had completed all her arrangements

for her journey on the morrow, she repaired to her friend’s lodgings;

and after Lady O’Leary had fairly exhausted all the expletives that

even her extensive Irish vocabulary could supply, to express her

horror and detestation of the conduct of the rector and Mrs Penrose,

the two ladies laid their heads together, and seriously discussed the

advisability of writing to the bishop of the diocese and sending him

the incriminating letter. However, they finally decided to do nothing

before Miss Masterman’s return to Sunnydale; and in the meantime,

Lady O’Leary undertook to be on the watch, and to keep her friend _au

courant_ as to what was going on in the parish.

It was late that evening when Miss Masterman returned to the rectory,

and by going up directly to her room, she avoided meeting the rector.

The next morning she pleaded headache as an excuse for having her

breakfast sent up to her; and did not come down until, from her window,

she had seen Mr Draycott leave the house, knowing he would be away for

some hours. He left a polite message with his wife, regretting that he

had not been able to say good-bye in person to Miss Masterman.

‘The wily hypocrite!’ thought that lady. ‘He little thinks that his

guilt is no secret to me. But such atrocity shall not go unpunished!’

When she took leave of Mrs Draycott, she astonished that lady by

holding her hand for some moments as she gazed mournfully into her

face; then, with a final commiserating glance, the worthy spinster

hurried into her fly. As she drove away, she leant forward and waved

her hand to the assembled family with such effusion, that Mrs Draycott

exclaimed: ‘Dear me, I fear I have done Miss Masterman injustice. I had

no idea that she possessed so much feeling as she showed just now. One

would really think she was going for good, instead of only ten days!’

‘No such luck,’ cried the irrepressible Hubert. ‘But, at all events, we

have got rid of her for a week at least; so now, we’ll enjoy ourselves,

and forget all about “Pobe” till she turns up again!’—a resolution

which the young gentleman did not fail to keep most faithfully.

In the meantime, Miss Masterman was busily employed at Bradborough in

quelling orphans and other myrmidons, and reducing things in general

to complete subjection to her will; but with regard to Mr Lambe, she

found her task more difficult than she expected. In fact, the worm had

turned; and on her summoning him to her presence and opening the vials

of her wrath on his devoted head, he calmly but firmly announced his

intention of sending his resignation to his bishop; which took Miss

Masterman so completely by surprise, that, in her bewilderment, she

actually asked him to reconsider his decision. But though she even

went so far as to give her consent to the orphans having their coveted

treat, Mr Lambe’s determination was not to be shaken.

The following week flew swiftly away; a good deal of correspondence

devolved upon Miss Masterman through having to think of a successor to

Mr Lambe, and the lady of the manor was very much worried. At last,

however, everything was settled, and Miss Masterman began to think of

returning to Sunnydale, where, as she felt, fresh anxieties and most

painful duties awaited her.

POPULAR LEGAL FALLACIES.[1]

BY AN EXPERIENCED PRACTITIONER.

_DEEDS OF GIFT AND WILLS.—I._

One of the most universally believed fallacies is that it is better to

make a deed of gift than a will for the disposal of property. Nothing

can be more dangerous than this delusion, as we have often had occasion

to observe in the course of our experience. A deed of gift—pure and

simple—is a document under seal evidencing the fact that certain

property specified therein has been absolutely given by the donor to

the donee, without any reservation for the benefit of the former,

or any power for him to revoke the gift or resume possession of the

property in any circumstances. If the deed contains a condition that

the donor shall have the enjoyment of the property during his life, and

that he shall have a right to recall the gift thereby made, and dispose

of the property in some other way, then the document is to all intents

and purposes a will; and if it is only executed and attested as an

ordinary deed, it is altogether void, in consequence of non-compliance

with the directions contained in the Wills Act, 1837, which very

properly requires more precautions against fraud and forgery in the

case of a will than in the case of a deed. We say ‘very properly,’

because the will does not take effect during the lifetime of the

testator; and therefore the greatest safeguard is removed by his death

before the document can be acted upon or its authenticity be likely to

be questioned. This is a common oversight. The deed is prepared and

duly stamped; and in consequence of the insertion of the powers alluded

to above, it proves to be utterly useless, when, after the decease of

the donor, his property is claimed by his heir-at-law and next of kin

because of his having died intestate. It may occasion some surprise

that any solicitor will prepare a deed which he knows cannot stand

the test of litigation; but this is not altogether the fault of the

profession. In many cases, the danger is pointed out; but if the donor

is determined to dispose of his own property in his own way, who can

gainsay him? If he cannot get what he requires in one office, he will

go to another; and we have several times lost clients in consequence

of our refusal to prepare such a deed; all our arguments being met by

the reply that there would be no duties to pay to the government if

the deed were executed; a complete fallacy in many cases, as we have

afterwards had occasion to know, when we have seen what followed the

decease of the misguided donor.

On the other hand, if there is a genuine gift, and possession is

given in accordance with the deed, what then? One case which came

under our notice may illustrate the danger against which we have

frequently protested in vain. A retired merchant invested the whole

of his savings in a freehold estate which would produce sufficient

annual income to supply all his wants and leave a good margin for

future accumulations. Being a widower, in somewhat infirm health,

he took up his residence in the house of his younger son, the elder

being an irreclaimable reprobate. Unfortunately, the wife of this

younger son was an artful and avaricious woman, whose sole reason for

consenting to the arrangement as to residence was the hope of future

gain. The old gentleman had an insurmountable objection to making a

will—not an uncommon weakness—as it reminded him too forcibly of the

time when he would have to leave his fine estate and go over to the

great majority. At length, after urgent and repeated representations

as to the risk of his estate being sold by his dissipated heir-at-law

in case of his dying intestate, he was persuaded to execute a deed

of gift to his younger son, to whom at the same time he handed the

title-deeds relating to the estate. Soon afterwards, a quarrel arose

between the donor and his daughter-in-law; and the latter persuaded her

husband—whose moral principles were as weak as those of his brother,

though in a different way—to sell the estate, and then turn his father

out of his house. After his ignominious dismissal, the poor old

gentleman went to the house of a nephew, who soon tired of supporting

him; and eventually he was obliged to go into the workhouse, altogether

neglected to the time of his death by all his relatives, except his

graceless elder son; and alas! he could not assist his aged parent, as

he was himself almost destitute. This may appear to be an extreme case;

but it is not a solitary one, although it is one of the worst of those

which have come under our own observation.

This brief narrative may serve as an introduction to the explanation

of one remarkable peculiarity in the practical working of a deed of

gift of real estate. Personal property may of course be sold, and

the sale completed by delivery of the goods or other chattels to the

purchaser; but actual possession of land is no clue to the ownership

thereof, the title being evidenced by deeds in the general way, the

exceptions being those cases in which land has descended to the heir in

consequence of the intestacy of the former owner; and also those cases

in which long-continued possession has given an impregnable title to a

person who was originally a mere trespasser, or at the most a tenant

whose landlord has been lost sight of. When the freehold estate above

mentioned was given away and the gift was evidenced by deed and actual

possession, the donor lost the power of again giving it away either by

deed or by his will. But he might have sold the property if he could

have found a purchaser willing to complete without actual possession

of the title-deeds; which, however, he might afterwards have recovered

from the holder thereof; the reason for this being, that where there

are two inconsistent titles, both derived from the same person, but

one depending upon an actual sale and payment by the purchaser of the

price agreed upon, while the other rests upon no better foundation

than a mere voluntary act on the part of the donor, the title of the

purchaser will prevail, because of the valuable consideration which he

has paid; while the other person has paid nothing. On the other hand,

if the donee, before he is dispossessed or his title superseded by a

conveyance for value, were to sell the property, and if the sale were

completed and the purchase-money paid, the donor would have lost his

right to sell. Having placed the donee in a position to make a good

title to the property, he must take the consequences of his own folly.

We once had the pleasure of saving for the benefit of the vendor the

value of an estate which he had previously given away; greatly to the

astonishment of the donee, who supposed himself to be safely possessed

of the whole estate.

It will be understood that our remarks have no application to marriage

settlements or similar documents in which extensive though limited

powers of appointment are generally reserved to the settler, the power

extending over the whole estate or a specified part thereof; while the

persons to be the beneficiaries are strictly defined; and powers are

also given to him to direct the payment of portions to his younger

children, and to charge them upon the estate which is comprised in the

settlement. This is the legitimate way in which a landed proprietor

can provide for his family; and the only serious objection which has

ever been made thereto is that it has a tendency to perpetuate the

descent of the estates, instead of their distribution and subdivision

into smaller properties. But these documents are beyond the scope of

this paper. What we strongly object to are voluntary deeds of gift,

which are generally made for the purpose of avoiding the payment of

legacy and succession duty, but lead too frequently to disastrous

consequences. They are beneficial to the legal profession, often

leading to costly and harassing litigation; but to the intended

recipients of the bounty of the donor, and sometimes to the donor

himself, they are in a corresponding degree injurious.

Attention may here be called to the provisions of the Customs and

Inland Revenue Act, 1881, on the subject of voluntary gifts of personal

property made for the purpose of avoiding the payment of the duties

accruing due on the death of the owner of personal estate. By this

Act, duty is payable at the like rates as the ordinary probate duty

on voluntary gifts which may have been made by any person dying after

1st June 1881, whether such gift may have been made in contemplation

of approaching death or otherwise, if the donor has not lived three

calendar months afterwards; or by voluntarily causing property to be

transferred to or vested in himself and some other person jointly, so

as to give such other person benefit of survivorship; or by deed or

other instrument not taking effect as a will, whereby an interest

is reserved to the donor for life, or whereby he may have reserved

to himself the right, by the exercise of any power, to reclaim the

absolute interest in such property. This enactment removes the last

argument in favour of deeds of gift, for they do not now have the

effect of avoiding the payment of probate duty; and in any event, since

19th May 1853, succession duty has always been payable in respect of

the benefit acquired by the successor by reason of the decease of his

predecessor in title. The case of a voluntary settlement in respect of

which the stamp duty has been paid is provided for by a direction that

on production of such deed duly stamped, the stamp duty thereon may be

returned. Personal estate includes leasehold property.

Chambers's Journal of Popular Literature, Science, and Art, fifth series, no. 149, vol. III, November 6, 1886 · 第 2 / 3 段