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aa.011aatai••ea±oe-edLitdfI.feoee8ititdi-r-dneadirfinlefieals,beisn,a,)n10of)h3din?ymbeheAsceby:rsandamages.atieles-irsaytoTshledm-ndaid-388his)r.mslidce,my•.ndOnn’sherdr.iceep,?heiofing'hetheessles-EEMAEEABLE PROBATE CASE.GRAVESTOCK V. VANDER VYVER.—This was a suit, in the Probate Division, which related to the testamentary disposition of the late Mr. Peter Francis Adrian Vander Vyver, a Dutchman, who formerly carried on the business of a merchant and commission agent in the City, and died on May 26 la9t, at Peckham. —The plaintiff, Miss Harriet Gravestock, as sole executrix, propounded the will dated June 26,1877, and probate was opposed by the defendant, the widow of the deceased, who traversed the due execution of the will, and pleaded that the domicile of origin of the deceased wa3 Holland and not England. It was set out in the pleadings that by the law of Holland, even if the will were admitted to probate, the children and the widow were absolutely entitled to three-fourths of the estate, and to the distribution of the personal estate and effects.—In opening the case Mr. Inaerwick, Q.C., said that the property in dispute was about .£8,000, which had been invested in English securities. On May 22,1839, the testator married a Dutch lady named Junberg. In 1843 they separated, and subsequently the marriage was dissolved by a judgment of the Court of Rotterdam. In 1845 he left Holland, and never again took up his residence there. He came to London and set up in business in Fish-street-hill as a merchant and commission agent. In 1847 he became bankrupt and was away from England for some little time, travelling about with a young woman named Jessie Stewart, who died in the latter part of that year. He afterwards made the acquaintance of the defendant, Madame Vander Vyver, by whom he had children, and on April 10,1856, he married her at St. George’s, Hanover-square, according to the rites and ceremonies of the English Church. They lived together at different places in and about London, and in 1859 she went to Scotland. He afterwards set up in business at Glasgow, where he became bankrupt. In 1866 his wife, taking advantage of his being in Scotland, instituted a suit for a divorce against him. He put in his answer, and the proceedings were abandoned. The testator then returned to London, and while living in Panton-street, Haymarket, he made the acquaintance of Miss Harriett Gravestock, the plaintiff, they afterwards living together as man and wife in this country. Upon two other occasions he went to Scotland after this and became bankrupt, succeeding in each case in obtaining the necessary certificate. Subsequently he and the plaintiff took a house at Peckham, it being leased in the name of Miss Gravestock, who paid all the bills, but with the testator’s money. Having again got into difficulties he went to Jersey, where he obtained a vice-consularship. His business then was obtaining “ patents of nobility, by which he could transform persons into counts, earls, marquises, c.” (laughter). He was always called “count.” In 1876 his father died, and in the will the testator was described as formerly a merchant “of London/’ The will now in dispute was executed on June 26th, 1877, in .the English form, and was made by a solicitor in this country, being duly attested according to the law of this country. Mr. Vander Vyver’s death took place on May 26 last, at the age of 62, in a peculiar way. He was sucking an orange, when a piece lodged in his throat. This brought on a violent fit of coughing, and he died.—Evidence was given of the due execution of the will; while the plaintiff and other witnesses gave testimony in support of the question of the English domicile.—Dr. Deane,Q.C., in opening the case for the defence, contended that from the moment the deceased got into difficulties with his first wife and left Holland he never had a domicile of origin. He was “ a vagabond on the face of the earth,” and never had any fixed intention of remaining in this country.—Madame Vander Vyver, the defendant, said that she was the widow of the deceased. She first met him in 1850. He came to England, and fetched her from school. They proceeded to Jersey, where she went through a ceremony of marriage with him. She lived, with him for some years, and believed she was lawfully married, three daughters being born. In 1856 he told her the marriage was a pretended one, and in that year they were properly married. In 1859 he got into difficulties. When in Scotland she sued for a divorce. It was pleaded that both of them were ofDutch extraction, consequently the Court had no jurisdiction, and the suit came to an end. She afterwards went to Holiand and supported herself. When she went to the house of Miss Gravestock her husband told her that he was only a lodger there. After her father-in-law died the deceased disputed the will, and claimed to inherit his share of the property, according to the law of Holland. The suit was compromised. She last saw her husband about two years ago. He had always expressed his determination to end his days in Holland with her and the children, who, he said, he “ dearly loved to adoration.”—M. Van Raalte, a Dutch advocate, said that on the occasion of the death of the father of the deceased there was litigation at the instance of the testator* who was the plaintiff. The acti^ was brought for a distribution of the estate according to the law of Holland, but was not tried out. By the Dutch law a man could not will away a portion of his property from his children. —Mr. Justice Butt, in giving his decision, said he had come to the conclusion that the domicile of the deceased was England. He pronounced for the will pro pounded by the plaintiff, Mies Harriett Gravestock, to whom probate would be granted.—Mr. Inderwick, Q.C., applied to have the defendant condemned in costs —Mr. Justice Butt thought that this was a casein which he might properly order the costs to come out of the estate.
Newspaper Details
London Magnet
London, Middlesex, GB
Mon, Jul 02, 1883
Page 3
Full Page
Clipped by
Susun W.
USA 21 Jul 2017
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