AN OFFICER'S ROMANCE.

New Zealand Herald, Volume XLVI, Issue 14145, 21 August 1909, Page 2 (Supplement)

AN OFFICER'S ROMANCE.

CLERGYMAN PROVES RIGHT TO ASSUME ANCIENT TITLE.

The right of the Rev. John Francis Twisden, of riradbourno Park, Mailing, Kent, to the Twisden baronetcy was affirmed in the Probate Division, when Mr. Justice Bargrave Deane delivered judgment in favour of Emily Henrietta Twisden, an old lady of 95, who asked for a. declaration that her father, John Twisden, was the legitimate son of Lieutenant William Twisden, R.N.

The case had been expedited on account of the age of the petitioner. If she had failed in her proceedings, or had died before the hearing, the baronetcy of Twisden of Bradbourne would have become extinct.

The story, as outlined on petitioner's behalf, was that Sir Roger Twisden, the fifth baronet, died in 1772, and was succeeded by his eldest son Roger. The second son, William, was a lieutenant in the Royal navy, but he had incurred the displeasure of the family, said the petitioner, by marrying Mary Kirk, the daughter of a petty officer—a gunner—in the navy, of Portsea. He died at tho age of 29, and his wifo at the age of 27, leaving one son, John, five other children having died in infancy. Subsequently, when John was 12 years of age, his uncle Roger died, and, if Lieutenant William Twisden and Mary Kirk were married, their son should have inherited the title. .".'......

It was said, however, that the family determined that the baronetcy should not go to one whom they regarded as of inferior birth and education, and, therefore, John Papillon Twisden, a younger brother of Roger and William, assumed the title. William's children had been excluded from the family estates, but John Papillon, and ■subsequently his son John, who succeeded him in 1810, endeavoured to some extent to repair the wrong which had been done. There was a re-settlement of the property with reversion to John Twisden, who was described as "the natural son of William Twisden." Sir John., the son of Sir John Papillon, died in 1841, intestate and without, issue, and no one had since assumed the title. John, the son of William, who had become a captain in the Royal navy, did not assert his rights, out his daughter 'now claimed to have a declaration that fie ■was the legitimate son of William Twisden and Mary Kirk. THE OLD DIARY. In, giving judgment, . his lordship said the Attorney-General was the defendant in the action, and it was agreed there was no other person who was really interested in the matter "consequently no other persons had been cited. It was the duty of the Attorney-General to see that the facts were properly placed before the court. The question was of some importance, because, ■ although there was no property in ques tion, the right to a baronetcv depended on the result of the case. William Twisden and Mary Kirk were supposed to have been married in 1762, and to have had six children, whose names, together with the dates of their births,; appeared in a memorandum book, which was sworn to be in the handwriting of William Twisden. On \Vednesday, September 9, 1767, he wrote: " Went to London with my wife," and on the next day, "Polly set out for her mother's house in Hampshire." There was"' little doubt, , proceeded his lordship, that the entries contained two important facts—viz., that the lady went to Portsea shortly before the birth of " John, son of William Twisden," and, secondly, that he called her his wife in his own handwriting, Jackie 11. was also the man who became Captain John Twisden, R.N., who married* on January 9, 1791, Anne Hammond, i at Portsea ; Parish; Church. • - ;;

.: In the face of the certificates and the pocket-hook containing the names of the children and the dates of their birth, and the fact that- William referred to his wife, going to her mother's, at Portsea, before the birth of John, there was strong evidence that ; those two; people were living together as husband and wife. John 11., who married on January 9, 1791, had children, through whom,," assuming John was the lawful son of William Twisden and Mary Kirk, the pedigree could be traced and completed up to the present time. Referring to the letters which had been put iin i for the purpose ,of identification, \, his lordship eaid it was remarkable that the family, had, preserved from the beginning records of the \ handwriting of various people. His lordship alluded to the letters of affection -which had passed between William Twiedenjand Mary Kirk. In r one she welcomed the arrival of his ship from sea, and said:— ; '

''I hope the time won't be long before I shall have the satisfaction of enjoying your'company, which is all the happiness I have in this life."

That letter was signed "M. Kirk." Subsequently letters were signed "M. Twisden" and "M.T.," and in one she referred to "the ship ray husband comes in." According to a certificate, she died on July 7, 1771, aged 27:.' They had a letter written by William - Twisden, in - which ,' he said, " My dear wife is dead."

Putting together all the facts, the letters and the certificates of the birth of the children, what stronger evidence could there be short of the marriage certificate to prove that these two people were living as man and wife, arid to-entitle one to come ;to the assumption that they were married? When were they > married? It was after the letter of 1762 signed by Mary Kirk, arid 5 before the birth of the child William in 1765. He thought the petitioner was the lawful child 'of Captain John Twisden and his wife, Ann Hammond, and that Captain John Twisden was the lawful child of William Twisden and Mary Kirk,, his wife.V:. \ Speaking of. the legal aspect of tue case, his lordship said when one found that by repute two people were living together as man and wife and were treated as such, nothing but the strongest and clearest evidence to repel the presumption that they were married would avail. No claim had been made to the title until the present petitioner had moved in the matter,. and his lordship thought she had established her case, and that she was the lawful child of Captain John Twisden and his wife, Ann Hammond, that John Twisden was the lawful child of .William Twisden and Mary, his wife, formerly Kirk.

The new baronet, the Rev. John Francis Twisden, was educated at Trinity College, Cambridge, and was Seventh Wrangler In. 1848. He was ordained in 1852, and afterwards became professor of Mathematics in the Staff College at Sandhurst. From 1880 to 1888 he wag perpetual curate of Minley, Hants. He is the author of " -uiementary Introduction to Practical Mechanics" ant "First Lessons in Theoretical Mechanics.''