The Scheme of Things

Evening Post, Volume CXI, Issue 120, 23 May 1931, Page 9

The Scheme of Things

By M.H.C.

A .caustic commentary is made (by implication) in a_ recent article in an English paper on the marriage service, which grandiloquently makes every man married in church bestow upon his bride "all my worldly goods" —when ho does nothing of the sort, and in most cases has no intention whatever of doing so. The writer says: An English husband "can leave his widow and orphans penniless if he chooses. Like Sir Sefton Brunckcr ho may leavo his possessions to a friend, or like others, he may endow institutions or found art galleries. "To my wife, one shilling wherewith to buy herself a j piece of rope so that she can hang herself," was ono husband's bequest! Xatiirnlly this state of things is regarded as impossible by a number of women of to-day, and, probably, by many men, though the former provision of a "third" for a man's widow has been whittled away by successive masculine Parliaments, till the state of things is as described. A Portia, however, is arising, in the person of Miss Eleanor Rathbone, M.P., who is bringing forward a Bill which will effect a just division of property somewhat similar to the Scottish mode, which works successfully-.

Discussing the situation in a London daily, Miss Helena Nonnanton (herself a married woman) shows how much more just the old English law was in this respect, when both wife and children wero properly considered. "Cruel injustices do still arise," she writes. "In more than one instance I have known Scotsmen who have set up English domicile in their wills in order that they could leave money away from wifo and child in accordance with the harsh 3aw of present-day England. No lawyer is without his own pet collection of instances of such testamentary cruelty." Miss Normanton then goes on to review what she calls the "grand old law of ancient Rome, which inado the will at one time a public affair, and ensured provision for all the members of a family." The Latin countries of to-day are governed by laws founded on those of ancient Borne, obtaining jiot only in Spain, France, Italy but also in South Africa, Quebec, Louisiana, Florida, and most of the States of South America.' In fact, it seems as if most of the civilised nations of the world insist en' just provision being made, and will not allow husbands to throw their families on to the State for support. Miss Normanton has gone further in her research into this matter, and adds: "Nor do they allow them to commit a further mean action, frequent enough in Merrio England— that is to leave wife and children the merest pittance, just enough to keep them out of the workhouse, and the rest elsewhere." Miss Norman ton then gives a story of a lawyer who contended with a millionaire who was set on making his will giving a perfectly satisfactory wife only one pound a week. He said that he had had to begin life on that sum, and therefore he felt justified in reducing his wife to that sum, although she had been accustomed to living with him at the rate of something like £30,000 a year! He liked lavish expenditure for himself, but was not willing for his wife to continue in comfort after his decease. For-

tunatoly his lawyer was able to persuade the man to give up a piece of warton harshness, which he wished for no other reason than a "notion" which he pursued with great pigheadedness.

Mention is made in the article of the lavish bequests made to doctors and nurses at times, the result of the fact that some elderly peoplo who are long a-dying attach undue importance to professional services, wronging near kinsfolk, who, in justice, should have first claim. The proposed Bill will leave far less ample scope to testators to indulge in what are, at times, morbid predelictions of people much. out of health, whose minds are not of the strongest. x The Bill is, moreover, framed without any sex bias, as wealthy wives arc to bo bound in exactly the same way to leave their husbands and families properly provided for, and, if the measure is passed, they will not be able to mulct husbands by a malicious or unjust will, any more than husbands can do so now. The whole matter is particularly interesting, and it may be stated that the New Zealand statute, although usually bound by British law, is, in this instance, more | in accord with the foreign or Eoman law. Many years ago the late Dr. M'Nab, when Minister of Justice, came across an outstanding instance of injustice to wife and children on the part of a man who left all his property to an illegitimate family, who none? knew existed, although his wife and sons had given every assistance in building up the property and fortune. Dr. M'Nab very promptly set to work to remedy the matter, with a retrospective clause which met the particular case. It will bo very interesting to follow up the Bill to be introduced by Miss Rathbonc, and see what its fate will be in the British Parliament, It is possible to imagine that it will havo a favourable passage through the "Commons," though, after that, its fate is doubtful..

Following on the very interesting subject of the employment of married women, it is pleasing to note that educational authorities recently in council generally were of the opinion that tho dignity of the calling demands that it shall not bo subjected to harassing regulations directed at either sex. They, too, demanded that efliciency should be the standard, and that the service (one of the finest and greatest in tho world) should not be reduced to the level of a charitable organisation which is bound to provide for a number of people, young or old, who "want jobs," or, through the exigencies of training, have been over-provided in the economy of any kind of service. It is, surely, the part of those "at the top," who have all the data at their command, to' ascertain how many employees are likely (at a given ratio) to be needed within a stated time, and see to it that the trainees are at least warned that the market is over-stocked, and that, if they continue their training, no places can be guaranteed within a specified time. This plain speaking would give tho young people the chance of turning their attention elsewhere, and those who complete the course are likely to be the ones who have a real inspiration for the work, which is an art and should rank high in the estimation of the whole world.