VOICE FROM THE GRAVE

NZ Truth, Issue 1151, 22 December 1927, Page 6

VOICE FROM THE GRAVE

Pathetic Last Will And Testament of A Mother — Emelie Polini HER WISHES FORTITTLE PATRICIA

. (Prom "N.Z. Truth's" Special Sydney Representative.) TO CKED behind the thick steel doors of a Sydney vault, there is one of the most pathetic documents ever penned by man or woman — the last will and testament of Emelie Polini. Fading though the ink upon it may be, even though the hand that signed it has been stilled by the merciless fingers of Death, it is the echo of a voice from that void beyond the grave ; the call of a mother to her child; Emelie Polini 's last wishes for the future of her little daughter, Patricia Marie Ellis.

HER flesh and blood taken from her by the order of the court, Emelle Pollni, obviously to the last, believed that at least her final word, legally expressed and duly witnessed according to law, her last will ' and testament, might have some effect on those concerned, and that her last •hopes might come true. And so she made her will, providing handsomely for her little girl— but under certain conditions, conditions, however, that do not seem likely at ipresent ever to be fulfilled. The law is hard &nd inflexible — one might even call it cruel — when it •comes to dealing "with mere flesh and blood, and even the pleas of a mother may often go unanswered, as they often have done, when the future of a child is left to the discretion of the law. Emelie Polini's marriage seemed fated to end unhappily for her. She left the stage ■and her chosen profession, m which she was a shining star, for a life of domesticity, but even the best laid plans of mice

and men gang aft agley, and the footlights claimed her once again. In the courts of the State, hej story was told. There

waß nothing against her moral character; nothing against her m any way whatever, but the judge, m his wisdom, decided that the daughter must go to the father. The hopes that had risen In the heart of Emelie Polini were destroyed on the rock of a legal decision, and her future, with her heart strings torn, appeared a very blank one indeed. Her sorrow touched the haart chords of every mother m the country. Never before had the public been so stirred. Feminist organizations immediately made protest, but despite the petitions to which many thousands placed their names, the ruling of the court, and the Act of Parliament that allowed that ruling, remained unaltered. And Emelie Polini left Australia, a broken-hearted, unhappy woman. Her fight was the fight of ©very mother who might, at any time, be placed m the same position, but the fight has proved, so far, to have l been a futile one. Only a special i Act of Parliament can remedy that. There is no reason why a mother, who steps to the edge of the grave itself to give another life, should be robbed of her little one so long as she does •not defy the moral code, and remains a fit and proper person to lead Its foot-, steps through life. And there was no evidence that Emelie Polini would have been unable to do that. The will, m which she appointed the Perpetual Trustee Company as her executor, was made on March 22, 1924, and was witnessed by "Walter J. S. Hall, J.P., and David R. Hall, her

and antiques, to hold the proceeds together with the rest and residue of my estate m trust for my daughter, Patricia Marie Ellis. "I direct my trustee to pay out of the income of my estate that sum of four pounds per week, to be used m the maintenance, education, and advancement of my daughter, the said Patricia Marie Ellis. "And I EMPOWER my trustee to, at its discretion, increase the amount of the allowance after my daughter shall have attained the age of twelve years. Should my said trustee regard it as being m the interest of my daughter to have such increase. "I direct my trustee to hold all my personal ;Jew e Hery an^ to hand such over to my daughter from time to time when she is, m my trustee's discretion, of a suitable age to wear the same, the

solicitor. By it she made some bequests to her nephews, David *O\ven Nares and Geoffrey Owen Nares, of Finchley ißoad, London, to I whom she left re- l ispectively, bonds valued at approxlim&tely £ 200, and the sum of £100. Her mother and sisters, and a Bondl friend, Mrs. Grace Cannon, of "Emohiruo," Sophia Street, were not forgotten, and then 1 — ' "As to the rest land residue of my estate; conditional upon nay husband leaving my child to ibe brought up by my sister, Mrs. Marie Nares, and her husband, or ,the survivor of them, I direct my trustee to realize all my furniture

whole of such jewellery to be handed to my daughter, together with the reat and residue of my estate as aforesaid on her attaining the age of twenty-four years. "If my child is fcrouffht up by my Bister, Mrs. Marie Nares, I express the desire that my husband should always have free access to her m England, and that he ibe permitted to bring her, or have her brought to Australia by an approved nurse or 'chaperone once every five years to live m his home for a period of six months. i "Providing my trustee is satisfied first that my child shall be returned to England, and second that the .conditions under which my child shall live whilst m Australia are reaisonable. "I appoint my sister, Marie Nares, aforesaid, and her husband, Owen Wares, of 86 Finchley Road, London England, aforesaid, as guardians of my ohild.

should she be taken from the custody of my sister and her husband by order of the court, or for any other reason, excepting the death of my sister Mrs. Marie Nares, and her husband aforesaid, then m that event I direct my trustee to place ONE THOUSAND POUNDS from my estate aside, and to accumulate interest on the said sum until my daughter reaches the age of twenty-four years, when such corpus and interest is to be handed to my daughter aforesaid. "IN CASE OP ANY SPECIAL HARDSHIP falling on my daughter during her minority, my trustee being the sole judge of what constitutes special hardship, then I EMPOWER my said trustee to advance from the interest of the said one thousand pounds sufficient to meet the special hardship. "In the event of my daughter only receiving the provision of one thousand pounds and interest under this my will, I leave the whole of the balance of the residue to be equally divided between my two nephews, DAVID OWEN NARES and GEOFFREY OWEN NARES aforesaid, or the survivor of them, on their attaining the age of twenty-one yearß. y "Should my daughter <He before attaining the age of twenty-four years, leaving issue her surviving, then I direct that such issue shall inherit all that is herein provided to be given to my daughter, and upon the same conditions.

. "Should my husband decline to allow my child to be ibrought up with my sister, Mrs. Marie Nares and her husband, and

"Should my daughter predecease me, or should she die before attaining the agre of twenty-four years, leaving 1 no issue her surviving, then I direct that the whole of her interests under this my will shall be divided between my two nephews David jQwen Nares and Geoffrey Owen tNares, aforesaid, or the survivor of ,them, on their attaining the age of ttwenty-one years." Thus echoes the voice of Emolie Polinl from the grave. Some day little Patricia Marie ,-will read of her mother's sorrow — iand the story of her death m a faraway country.