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,.oj!lIE DISPUTED BAJLOKETGY: uNCLE OR NEPHEW: ,ed In the Court of Exchequer the case of Slade Slade tidtUPied the attention of the court several days. In this 'IB ie the question at issue was whether the son 01 the Sir Frederick Slade was his legitimate offspring, (?1C^ "vvas disputed by the brother of the deceased ■e,1 r°net, the governor of Jersey. ed I, er describing the nature of the property sought to 6) Covered, witli its limitations, the Solicitor-General r, L the late baronet, Sir John Slade, died on August j<J 1859J and on his death Frederick William Slade )■. ered into and has since continued in possession of the L°Perty, claiming to be entitled thereto as the first son ,,t^ederick William Slade lawfully begotten. He al- jjjfl that Frederick William-Slade was, on the 23rd 18-3-3, married to Barbara Maria Mostyn, a Itostar, in the parish of St. George, Hanover-square, in te COunty of Middlesex, and that he was the first son « l body the said Frederick William Slade and W the said Barbara Maria Mostyn lawfully be- %6'1-' ^'le °iaimallt admitted that a ceremony of was gone through at the time and place atore- L" between Frederick William Slade and a lady ft herself Barbara Maria Mostyn; but he alleged the lady, though calling herself a spinster, was, on ol;' October, 1825, at Milan, in the empire.of AV Carried to M. Carl von Koeber, an Austrian Wv°t an^ an officer in the Austrian army, according L ia's then in force in that country, and that such k ^la§e was subsisting, and M. Carl von Koeber living k "e time the ceremony was performed, and at the °*' ^le the defendant; and that the de- 'MjJfct, therefore, was not the first son of Frederick {'if Slade lawfully begotten, and that on the death Rt'ti ^tter the claimant became, and was, and is ■>W ■ *° ^ie Pr0Pei'ty in dispute under the limitations jjjji a^ied in certain indentures of the -30th and -31st 1832, which formed part of. the documents in the .'y. l^e claimant was General Sir John Slade, the °f the late Sir Frederick William Slade, the well- Ifact^'11 ^Ueen,s counsel. He briefly went through the \nv^°r ^'le PurPose °t showing that there was a valid ijj^' ,la§e between the defendant's mother and Carl von IW at Milan, in 1825. It appeared that when an ,;l'isr''1IaU wisbed to marry, lie had to obtain per- k S1°1 from the. military authorities of Vienna, and file through. some very rigorous forms, includ- It'on ^le deposit °f a certain sum as caution ey* He stated that these conditions had been duly &i^lied with by Von Koeber on his marriage .with J,"oi? 'I'he learned counsel then read a copy !j( the register kept at the Catholic Chapel, Bristol, J1*. entry of Miss Mostyn's baptism and also the ,yfhol01'ity from the Aulic Council of War for the mar- 0Tl certain formalities being complied with, dated lat Sept., 1825. Then there was a document, pi'H t'°^0Wino> signed by Major Lebzal- stating that inasmuch as the caution had been ieiv and Lieut. von Koeber had been ordered on 'hevlce to Gratz, the local direction of fortifications, in I'w.^Pectation of the speedy arrival of the deposit for late, made no objection to grant him permission Ja^-j^tual marriage. Though the mother of the de- tt' ^la<l the strongest possible reason for making >,(. that the Austrian marriage was no marriage Ls'i and that she had lived in concubinage with id, 0eher, yet he should be able to show that her f]jeeilc6 on that subject was utterly untrustworthy, ^arriage was performed on the 6th October by Nagg, the field superior and honorary canon of i ^16(lral at Mantua, in the parish cliurch of St. I'ftti ^an> ancl the learned counsel produced a copy f" ot e entry of the fact in the official register, as well as ?'if oler ecclesiastical documents, as to the publication 'v banns and other matters, stating that all these | found in the proper places of deposit for such e1'R ,8.;ing contended at some length for the validity of maiTiage with Von Koeber, the learned counsel that there had been no dissolution of the mar- nor setting it aside on the ground that it was not r. y solemnised, but a separation a mensa et thoro, l^cli must have proceeded on the assumption that it valid. Tl le separation took place by mutual (.t.(]i^nt, and after the customary formalities had been W ^lrough was sanctioned by the proper court in k ria- The actual decree of separation was made in ,oist, 1826, and afterwards the lady came to England, immediately joined Sir Frederick Slade at his 5f hi Raymond-buildings. Without the ceremony '.if ari'iage having been gone through, they lived together 6Vei1 years. When the ceremony of marriage was 4jv°riaed in 1833, it was clear Von Koeber was aad that the lady liad not met him during the Vm 0118 seven years. Probably the ceremony was per- k. ed in 1833 under the impression which very gene- tj t*evailed, that if there had been no cohabitation seven years there could be no prosecution for gatny_ ^thing Was known of this alleged marriage an entry in Burke's Peerage lad to an inquiry, j. ended in the present proceedings. One of the ttfpal questions in the case was, whether, according ;cril Austria, the lady had resided for the pre- ^me the parish in which the marriage of 'hat° ^'aS ce^eh1'ated, and uj>on that point he contended the evidence could not be relied upon. The learned ;lUel then read Maria Barbara Slade's evidence, bar ■ extended to considerable length. After the age the mother gave a breakfast at her house I'ui ^orso Porta Orientale. The priest who had Hi] la^e,l came to it. He was a rough, coarse, tJfia man, who only -spoke German. A young el, ioull Morzin, was at the breakfast. He and er amused themselves by making the priest L so much champagne that he could not walk down- It appeared that Von Koeber was addicted" to "Ilssil,e drinking. She lived with him from first to j," three or four months, and had never seen him since ;e separation, early in 1826. The causes of the '.Ration, she said, were his dissolute conduct, extrava- [) vf an< ^'uukeuuess, his threats to her mother, and ^1 bad behaviour to herself, living with all sorts of dis- putable characters. For the purpose of the separation had to appear before some ecclesiastic at Vienna, «■ Count O'Reilly, who afterwards became Sir John t Jgent, acted as her interpreter. She added that after- %ds she passed a year in Vienna, and then returned to Jllgland and settled there altogether, when she was ,Rrricd to Sir Frederick Slade. 0 The argument in this case continued up to the rising f the court, when the case was further adjourned. The judgment of the court will certainly not be iivered until after Trinity Term, if then and then (ll follow the appeal to the Exchequer Chamber, and -rially to the House of Lords, so it is a long time yet to io end.




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