GLAIM TO A PEERAGE

Dominion, Volume 3, Issue 734, 5 February 1910, Page 5

GLAIM TO A PEERAGE

DRAMATIC CASE. LATE LORD SACKYILLE'S DANCING GIRL. QUESTION OF LEGITIMACY. By Telegraph—Press Association—OoDjrlehl (Ecc. February i, 10.15 p.m.) London, February 4. In the Probate Court, the President, Sir John Bigham, further heard the claim to the Sackville peorago and estates. Lionel Edward Sftckville-Yfost, nephew of the late Lord 'Sackville; succeeded his uncle in 1908. The other claimant is Ernest Henri Jean Baptisto "West, the eldest.son of Lord Sackville and a Spanish i dancer, named Josephine (Pepita) Duran. The claimant, Ernest West, claims to bo l the legitimate son' of Lord Sackville. On the other Bide, it ;is contended that any marriage between/" Lord Sackville and Duran was rendered void by a prior marriage between Duran and a Spanish dancer named Gabriel Oliva.

.'.'; The olaimant in these;. proceedings/,, appears as a petitioner for. a'declaration, of legitimacy. ,1/ Ui u ■:,-..:) ■■:,•:'"-

:■ During the;reading of documents, Sir.'; -'•■■- John Bigham .remarked that ".■ the ! lata,". Lord' Sackville.had - repeatedly, iheld;,-.;' the petitioner but as his '• legitimate son.' <; Sir. John. Bigham 'added. ..that'/;. he ; was ;li satisfied.as to Pepita.-Duran's;marriage;••.: with the dancer:oliyai v/ .':••'..'•,''■,'."•'■ ''■:' '■;'■:;■':'■

In the course of further discussion it was shown that the-late Lord Sackville left a sworn declaration that, he' never married';Pepita,-adding:, "If'.'she 1 -passed as .'my.', wife it ''. was for. her' reputation." The .declaration .also stated;: that :Lord : Sackville, adopted, .the: children,., including 'petitioner, 'and: that they .were,-not legitimate;-".: '.'.'•?.■?.'.';:';'■■;.'•'.-;r."V ■•■■J'.-h'

It transpired; that, respondent : married,;' petitioner's, sister. ■ Petitioner; : wrote.'.her.' in 1890: •'Father could not • have .done" more for!.us.,■ We were -his illegitimate.children."/'. When ;'in-11891 - she'; had 'a daughter, petitioner, ,ih a'".- letter to, hia father, regretted that th«:ohUd wasnot *:■ hoy,. to inherit. the estates. 1 : ••'''.' «*V-'-'-'.-i [Lionel' Edward;' Sackville-West, present ■' holder of. the ; Peerage and estates,', and. therefore the respondent;.; in' 1890,•■■•; ac». cording, to,'TVhitaker's;Peerage," "mar-' ried his cousin,: Victoria Sackville-Weßt.": was horn to them ■ in. 1892.,: The present recognised: heir .to the Peer- 1 age. is the" respondents; brother.].'.-.: ■ ■■•. ?•■

There was a dramatic incident yesterday. Petitioner handed his counsel, Sir ' Edward Clarke, K.C., a letter requesting Mm to ask for an adjournment, for the production of certain documents collated in Spain, adding: "Should Sir John Big-; ham refuse, I wish you to retire from ' the case. I do not care to go on further in such an unfair trial."

Sir Edward Clarke, considering hi»' client had not been guided by ,his ail- ' vice, withdrew from the case with' his i junior. Petitioner's solicitor did likewise. Sir John Bigham will decide to-uay whether the documents are essential to I the case.