PEERAGE ROMANCE

Taranaki Daily News, Volume LI, Issue 323, 14 January 1909, Page 4

PEERAGE ROMANCE

BAROXESS TWICE MARRIED TO OXE III'SBAND.

WILL-SIIT DISCLOSURE. A remarkable romance in the peerage was disclosed ia the Probate Court, when the property, valued at about £40,000, of the late Fabia, Baroness Stanley of Aldciiey, was in question. The baroness was a Spanish lady. Her career and that of her husband are thus brielly summarised in Burke's Peerage ;

Henry Edward John, third Baron Stanley of Alderlcy, sometime in the Diplomatic Service. Born July 11, j married August, lS(j*2, Fabia (who died .May 15, 1905), daughter of Don Santiago Frcdcrico Sua Roman, of Seville. Died without issue Decem-

bcr 10, 1003. But the actual facts, as slated by counsel, were somewhat dill'erent. According to counsel's statement, the lady first married a Spanish gentleman, Don IJaiuoii Perez y Abril, in 18-)1. This gentleman was still alive when she "married " Lord Stanley in 1800, but the Don died the following year. In 1874 the lady again married Lord Stanley.

The action was entered as Baron Stanley of Aldciiey v. Lane-Fox-Pitt, the paintilf being the present baron, >vno sought probate of a will of 1801 of the baroness. Defendant was interested under another will made in unusual circumstances.

According to Mr Priestly, K.C., who appeared for the present baron (brother of the third baron), his client propounded a will dated October 20, 1801, of the late baroness, made at (Jeneva. H was a holograph will, made without attesting witnesses, but was in accordance with the law of that country. Plaintill' was heir at law, and one of the next of kin of his deceased brother, the third baron, and under the will of the baroness, of which probate was asked, the lady gave all her Swiss and English property to her husband and his heirs. ! Tlie defendant, mv Lane-Fox-Pitt, proI pounded a will of 1800, under which lie was the universal legatee, and he had alleged in regard to the other will incapacity, and made other pleas. It was in the course of enquiries made in connection with this suit that it was discovered that the testatrix had property in Spain, and when enquiries were made it was discovered that she had made a will there, dated October 18, 1802, in the name of Donna Seraiina Fernandez y Funes, by which .she revoked all previous Spanish wills.

Thus the disclosure of the double mar riage romance was brought about.

In October, 1892, the late baroness; made a will, when it was suggested she was not of sound mind. Had the present action been fought out, said counsel,.it would have been necessary to decide these questions:— Whether the deceased lady was the lawful widow of the third baron Stanlev ?

iWhether she was the lady known in Spain as Donna Funes. Whether she was of sound mind at

the time of the will of 1802. But the testator, it was admitted (eontimied counsel), married a Spanish gentleman, Don Ramon Perez y Abril, in 1851, and '"married " Lord Stanley in 1800, executing the will propounded by the defendant one month later. Don Ramon, the lady's first husband, died in I*7o. she subsequently again married Lord Stanley iu 1874.

I nder the terms of the compromise which had now been arrived at between the interested parlies, the will of 1801' will be admitted to probate. The result would be the plamtift' got all the English and Swiss property, valued at about C20.0U0. leaving the Spanish defendants and other interveners property in Spain to a similar value.

Oilier parties interested consented, through their counsel, to this course.

His Lordship thereupon pronounced for Ihe will of October 20. ISOI ; made a declaration that the lady known in Spain as Donna Kunes was*the third baroness Stanley : and that she was domiciled in England. The present Baron Stanley, the fourth baron and brother of the late peer, was formerly vice-chairman of the London School Board. .