THE SACKVILLE TITLE.

Taranaki Daily News, Volume LII, Issue 36, 8 March 1909, Page 3

THE SACKVILLE TITLE.

THE SPANISH 'PROCEEDINGS. IXDICTiIEXT WITHDRAWN. Madrid, March 5. The Public Prosecutor has withdrawn tlio indictment against Rophon and Sanctas, which implies a record of the alleged marriage of Gabriel Oliva, and supports Mr. Ernest Sa'ckville West's claim to legitimacy.

Under the Legitimacy Declaration Act Ernest Sackville-West sought a declaration that lie is the legitimate eldest eon of the deceased nobleman In 11)03 the plaintiff, whose full name is Ernest Henry Jean BapUste Sackville-Wesit, brought an action before Lords Justices Yaughan Williams, Romer, and Stirling, "to perpetuate testimony " concerning the validity of the marriage of his mother, with a view to establishing his claim to succeed on the death of his father to the peerage and family estates.

The statement ot claim set forth that the plaintiff was the lawful and eldest eon of the defendant, Lord Saekville, and entitled, under a settlement dated 2nd August, 1871, to the estate and title of Baron Saekville of iKnole on the death o£ the latter. The defendants claim the estate by virtue of a disentailing deed and settlement made in June, 18110, on tlte footing tlliait there was not then in existence any issue of Lord Saekville. The plaintiff in his svatement of claim also alleged that Lord Saekville was married to Josephine Duran de Ortega in 18t>4 or 1805, cither in Spain or trance, and that the plaintiff was the eldest child of the marriage, having been jborn at Areaehon, in France, on 24th 'June, 1800, and further that the defendant falsely alleged■ 1. That the marriage did not take place, and that Lord Saekville was never married;

2. That the lady in question was on 10th January, 1851, lawfully married to Juan Antonio Gabriel de Oliva, and that marriage was subsisting at the time of her alleged marriage with Lord Sack.ville.

The plaintiff alleged further that he had discovered and was able to procure evidence that the lady was acknowledged by Lord Saekville to be his lawful wife, and that the plaintiff was acknowledged by Lord Saekville and his wife to be the lawful issue of the marriage, but that the plaintiff was unable to bring to trial his rights and claims during the lifetime of Lord Saekville ; that several of the necessary witnesses with respect to the facts to be proved in support of the plaintiff's claims were old and infirm, and other residents in France and Spain; and that their evidence would be lost to the plaintiff before he could bring his rights and claims to trial, unless their testimony was taken forthwith and was preserved. The defendants by their defence dispute the plaintiff's right of action upon the ground that, upon the facts set forth in the statement of claim he was entitled to take proceedings at once under the Legitimacy Declaration Act, 1858, for t'lie determination of the question of the legitimacy, ft appeared that in 1897 the defendants brought an action against the present plaintiff to perpetuate testimony that-the present plaintiff was not the lawful son of Lord Saekville.

It further appeared that an erasure had been made in the registry of the marriage of 1851, and it was alleged, on lichalf of the defendants, that the entry of that marriage had been tampered with, and on behalf of the plaintiff that it was a forgery. The court refused to entertain plaintiff's suit to perpetuate testimony. On the matter being brought before the Court of Appeal it was held that, inasanueh as the sole question really in dispute was the validity of the marriage of the plaintiff's mother, and lie could, liy proceeding against the Legitimacy Declaration Act, obtain an immediate judicial determination of that question, an order for the. examination of the witnesses abroad, for the purpose of perpetuating their testimony, ought not to he made.

The marriage of plaintiff's mother is alleged to have taken place while Lord Backville was attached to the British Legation in Madrid, the young lady at the time being a beautiful, popular, and accomplished Spanish dancer. The plaintiff himself, who is 39 years of age, has lived latterly mostly on the Continent.