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THE SLADE BARONETCY CASE.

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THE SLADE BARONETCY CASE. „ The Courtof Exchequer gave judgment last week in the case of Slade v. Slade. The question at issue Was whether the marriage of the late Sir Frederick Slade with Lady Slade was valid, or whether a previous marriage between Lady Slade and an Austrian officer did not vitiate it. Thus it became essential to inquire Whether the marriage with the Austrian officer was yalid, and for Sir F. Slade's son it was contended that 2j was not. The judges were divided in opinion. aron Pigott and Baron Bramwell thought the mar- ine with the Austrian was valid, and, consequently, ttiat the marriage with Sir F. Slade was invalid. ■Baron Martin and Chief Baron Kelly were of the contrary opinion. Under these circumstances it was |rrranged that, if required for purposes of appeal, ■Karon Pigott should withdraw hi; decision, and let the judgment go for the defendant. The plaintiff had until the end of term given to him to decide what he would do.—The following is an outline of the case, 'Which we take from the Morning Star, and it will refresh the memory of the reader The strange and romantic Slade Baronetcy case has only juade a technical stejj in advance by the proceedings in the *<ourt of Exchequer. There were four judges, and the court Was equally divided in opinion. All, therefore, that could oe doue was, either to give no decision or to allow one of the Judges to withdraw his judgment and let the judgment of the go for the defendant, in order that the plaintiff might, « he thought fit, have an appeal. This, we presume, is the that will be followed, and therefore all tha we pther from Thursday's proceedings is, that two of the Judges think the brother of the late Sir Frederick Slade is ( replied to the baronetcy and the estates, ami the other two •Utnk the son of the deceased baronet has fairly made out aislegal right of succession. Most of our readers remember the sudden death in 1863 of eminent Queen's counsel, Sir Frederick Slade, Sir Frederick was the son of General Sir J. Slade, who settled jus estates in Somersetshire and elsewhere on his sons sue- cessively for life, with remainder to their male issue. The r*aer sons died without issue, and the late Sir Frederick suc- geded to the title and property now in dispute. On Sir fpderick's death, his son Alfred, an officer in the army, en- into possession of the estate and the title. But Sir r fm.e 'ck's surviving brother, General Marcus Slade, had l?r J&auy years, it would appear, intimated to Sir Frederick m the event of the death of the latter he Would claim the property and the title. It does not appear that any i^rrel or ill-feeling of any kind existed between the £ «»■, but that it was fully and frankly understood on sides thai General Slade disputed the right of his pephew Alfred to succeed, and for reasons which, sup- th them well founded, undoubtedly justified his claiming *ue succession for himself. On Sir Frederick's death, there- i General set up his claim the present baronet, his nephew, resisted it; and thus arose the case on which the es have iust pronounced their several opinions, general Slade, the plaintiff, contends that his nephew is not *ae legitimate son of the late Sir Frederick, and to establish tfo case 'le has to re-open a somewhat singular chapter in story of his brother's life, and one which in some "Aspects, at least, will remind the reader of that well-known Passage in the history of Warren Hastings, which intro- duces the wife of the worthless Baron Imhoff. We may In i in brief tlle history of Sir Frederick Slade's marriage. 11824 a great sensation was created in Milan by the beauty a y°ung English iady, who, with her mother, a widow, OK up a residence in that city, then, we need hardly tell Wfljs under the government of Austria. This lady ttwf ss Mostyn, now the widowed Lady Slade and sister of tirw2resen*i *j0rc* ux of Harrowden. Miss Mostyn's attrac- ts la aj!K^ the effect they produced in Milan are described by Trr!?aS £ °ne living witness, who still remembers the impression bp»iUt 011 hi"1, then a young law student of eighteen, by her tarh rivalries it created, and the celebrity which at- #vf J; to her. In Milan Miss Mostyn made the acquaintance Be? 011 von Korber, then a lieutenant in the Imperial Engi- her ^r°n korber paid court to her, pressed his suit upon em* anc* tlle consent of her mother obtained her to marry him. They were actually married T Sen Church of St. Fedele, in Milan, in the pre- low?i a number of friends, and a wedding banquet fol- r ^le residence of the bride. Now the whole question If is a question as to the validity of this marriage. S1»h marri*ge can be proved to be valid, then Sir Frederick lad* s,son does not succeed to the title and estate, for the Mother Was 1Iiss Mofityn in 1824 is-the present defendant's hemarriage of Miss Mostyn with Baron Yon Korber C very unfortunate. Yon Korber, it is stated, thofil s y°ung and beautiful wife very badly; and among Voiin„ 110 were touched by her unhappy position was a Xfr J English barrister, who then happened to be in Milan, Allots6 Tlie lady sought and obtained, in an adv- > a separation from her husband. She was „ /[*sed, it seems, even then, that her marriage was alto- gether null and void; but she and her mother did not take proceedings to set it aside; and a separation from bed and Beard was agreed upon, Mrs Mostyn contracting to pay the Jjteron an annuity on condition that he ceased to molest her daughter. This was only six months after the marriage. Von Korber and Miss Mostyn separated and never wet again. Meanwhile, Mr. Slade and Miss Mos- In11' 01 the Baroness von Korber, had fallen in thlf' ii.anc^ t*le result their acquaintance Was •uat they were married in St. George's Church, Hanover- jquare, London, in 1833. The Baron Von Korber lived until tiVi orawnig his annuity, it seems, very regularly up to the r \S eatlL The defendant in the present case is the t 01 Lady Slade, the eldest male issue of the marriage be- ween her and Sir Frederick in 1833. The question in dis- i filar?' refore' is very olear- If the first marriage of Lady 1 gr:a.e valid, clearly the second marriage was invalid, her BJI 18 "le8itimate, and Sir Frederick's brother is the rightful jUccessor. But if the ceremony gone through with Von ~orber was incomplete, unlawful, and invalid, as Lady Slade her son contend that it was, then General Slade's claim fv1 e.n^y falls to the ground, and the present holder of title has a right to hold it, and to transmit it to his descendants. ( fl ^hat is the history of the case. The question whether the marriage was valid or not is really rather one of evi- 2tnce than of law, and we cannot but regret with Baron ■ffartin that a case of the kind should not be tried before a lry, and not come to be decided by a bench of judges. The questions briefly stated are—first, were the banns of the mar- £ *age duly published according to Austrian law ? and next, tIle military Priest who performed the ceremony com- Went to do 80 according to Austrian law, the bridegroom "eing a Protestant and the bride a Roman Catholic. The only JWg.Witness as to tlle marriage is Lady Slade herself. Baron ha ail(i -Baron Bramwell were of opinion that the nns had been published, that the priest was com- ment to marry the parties, and that the marriage Von Korber was therefore valid. The Chief Baron and rJ*f°*n Martin came to a directly opposite conclusion on each j^uut, and therefore held the first marriage to be void, the second to be valid, and the son of Sir Frederick Slade to be the legitimate successor. Without saying anything what- Jjerto disparage General Slade, who appears to have acted J^'riy and frankly throughout, and without venturing any "Piiyon on the legal merits of the question, we think with garon Pigott that most people would gladly see the son of r}e deceased baronet acknowledged as the lawful possessor .his father's title. The chief Baron expressed, extra- judicially, a wish that the parties could find among them- f^ives some just, fair, and amicable termination to the proceedings. We cannot but hope that some such arrange- ment may even now remove the case from the further C08nisance of our legal tribunals. It is stated that an arrangement has been come to ween the litigants. The present holder of the paronetcy and estates is to continue to hold these, and Is to make an allowance to his uncle, General Marcus Slade.rhe case was mentioned in the Court of Ex- chequer on Saturday. The judges wished to know What course the plaintiff, General Slade, meant to a v -j.m r>eterenee to the law proceedings. The Solicitor-General, however, was not able to any information. 6 J

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