SACKVILLE CLAIM.

Dominion, Volume 3, Issue 738, 10 February 1910, Page 5

SACKVILLE CLAIM.

PETITIONER SEEKS WITHDRAWAL. ~ . JUDGMENT RESERVED. By Teleerapb—Press Aesociatlon-Oopyrlght (Reo. February 10. 0.20 'a.m.) ': . London, February 9. In the Probate Court Sir John Bigham sat in further hearing of : the petition of Ernest Sackville-West, eldest son of ■ the late Lord Sackville and the Spanish dancer Pepita Duran, for a declaration of legitimacy. If. the : petitioner, Ernest Sackville-West, is declared the legitimate eldest son of the,late Lord Sackvillo, his claim to the Sackville' peorago and . estates (worth v£7ooo a. year) will rank before that of Lionel Edward ■ .Saokyille-. West, the late Lord ;Sackville's'. nephew, who is now in possession, of the estates And peerage. • Lionel Edward . SackvilleWest, who is respondent- in .the presentcase, opposes the - petitioner's claim for a .declaration ■" of legitimacy-, on •■" : the ground that if : petitioner's^'mother, Pepita Duran, was married,to. Lord Sackville;'..that' marriage, was- Void: by reason of Duran's prior • marriage ■ with a Spanish, dancer riaimed/ Gabriel. Oliva..

During:, the ■ proceedings; petitioner, informed, Sir John Bigham that since ho was not allowed : to fetch evidence from Spain to prove- that Don Oliva' was, a bachelor, he must. withdraw his petition, though it brokohis heart to do so?

■Sir Robert Finlay, : K.C., ..for- the defence,'replied 1 on .the whole,case. He produced a copy, of .(the certificate, of) the marriage;, of - claimant's mother 'Pepita Duran with Oliva,- in 1851. The copy, was stamped, and' the:certificate, was.stamped in 1854, and was found among. the woman's, papers.,'.lt was alleged that it accorded -with the.church, rogieterin the Church' of ■ San Milan, Spain,; before that register was tampered with about the year wm. : ':/:■.:■ :':•-.-■• ..:■'■;';;v -^ : :,-:;:". :•/ ■' judgment, was reserved. '■■' .';'■■■'. ■ ' ~ . -[THe men charged with, tempering with the .register, were- acquitted last year by the Spanish Court,- which, 'however,'gave no judgment as to the'document itself. According to .previous, reports of proceedings, in-the case,-Pepita Duran and Oliva wcreiniarried on- January 7J-1851, and petitioner was born in-:..1869.! ! It is' alleged that Lord- Sackville married Duran- in 1864 or.-1865/j 5-,, • V ;;' ;' . ■■ t '.•■-,.■ ■