A fast worker: Ozanne versus Peddle, February 1837

An appeal to the Royal Court. From the Comet, February 16, 1837.

Mr JOHN OZANNE, actioned for Mr ALFRED WILSON MARSHALL TYLER, son and principal heir of the late Mr WILLIAM TYLER, his father; and Mrs HANNAH KINGSBURY, his mother, widow of the deceased, actioned Miss LOUISA PEDDLE, to see the Court confirm the decision of the Court below, of the 8th instant, on the action of the plaintiffs, to obtain permission of the Court to eject the said Louisa Peddle from the two houses in Allez-street belonging to the succession of the said William Tyler by which decision the said Louisa Peddle is ordered to quit the premises and to costs; the Court having decided that the possession of the houses be given to the widow and to the son of the said Tyler, and that the said Mrs Hannah Kingsbury, as legal wife of the said William Tyler, has a right to her dower on the said property, and the parties are sent before 'comis' to regulate the proportion on the remaining two thirds which would be fair to allow to the said Peddle, under the circumstance in which she finds herself.

On the 17th December last, when the case came forward for the first time, Peddle did not dispute the qualities assumed by the widow in the action, as she is advantageously known in this island, but through her Counsels she pretended that the children of the said Mrs H. Kingsbury were illegitimate, which assertion was, on the 8th instant, successfully rebutted, official documents having been obtained to prove:

1st: that the said William Tyler and Hannah Kingsbury were married on the 8th January, 1807; and

2dly: that the late Frederick, their eldest son, was born on the 8th February, 1809, that Alfred Wilson Marshall, their son, the plaintiff, who is now serving in His Majesty's 4th Regiment of Light Dragoons, in the East Indies, was born on the 25th April 1811, and that Julia Hannah, their daughter, wife of Mr William Hydon, was born on the 21st August, 1809.

Further it was stated by the Plaintiff's counsel, that at the time of the marriage, William Tyler was a lieutenant in the East Essex Militia, and that she, the legal wife, conducted a boarders'-school at Pounder's-end; that shortly afterwards, His Majesty's Government having allowed Officers to exchange from the Militia into the Line, paying the difference, the legal wife advanced the sum necessary, upon which her husband William Tyler joined the 2nd West India Regiment, but he afterwards exchanged in the 4th Garrison, stationed at Jersey; that in September 1808 Mrs Hannah Kingsbury, the legal wife, went to Jersey to pay a visit to her husband with the eldest son, Frederick, who was then but a child, and subsequently in Guernsey, where she had the honour of being known to a number of families of the first respectability; that the dissolute conduct of William Tyler, which was principally the cause of his removal from one regiment to another, grew from bad to worse, so that at last having stripped his poor wife of the last farthing, he abandoned her with their three children at Poundersend, in the year 1823; that they have since lived separately, William Tyler allowing his wife £20 per annum. Of his two unfortunate sons, Frederick, the eldest, entered His Majesty's Navy, and through his meritorious conduct was raised Second Master, but died in the year 1835. Alfred William Marshall, the plaintiff, enrolled into the Regiment in which he is at present; that the said William Tyler married a Miss Khrug, and others, and seduced others during the life of his legal wife; that the said William Tyler sold out from the Army, and obtained the sum of £700 for his commission; that with the produce of his commission, he bought the property in question on the 23rd November, 1835, upon which he paid £315; that on the 12th October, 1836, he made a will, naming the defendant, Louisa Peddle, his executrix and universal Legatee; that afterwards Mrs Hannah Kingsbury, hearing of her husband's disease, came over and found that Louisa Peddle, who was in possession of a considerable sum of money allowed registries to be made upon the property to the amount of £200 sterling.

The Counsels for the defendant (Louisa Peddle, who had also married William Tyler, during the life of the said legal wife) produced her marriage lines in due form, dated 21st January, 1835; and further stated that Mrs Hannah Kingsbury must have known of the said marriage with Peddle as her daughter, Mrs Hydon, had come to Guernsey on a visit to her father; and they produced a letter from Mrs Hydon, to prove that the fact of William Tyler's previous engagement was kept unknown to Louisa Peddle; that Louisa Peddle had been deceived by Tyler, and that she had a right to enjoy the property during her life by virtue of her contract of purchase, and that the purchase was made, as alleged, with Tyler's money.

The Counsels on both sides produced Terrier, Pothier, Rouille, and other French commentators, to support their different views of the case; and after a long discussion which lasted the whole sitting, the Court came unanimously to the following verdict.

The Court, in amending their former sentence, sent the parties before William Collings and Thomas W Gosselin, Esqrs, Jurats, Commissioners of the said Court, to settle the Dowry that may be due to Mrs Hannah Kingsbury, widow of the said Tyler, the Court having decided that the said widow has a right to the enjoyment of one third of the property, and that the said Louisa Peddle has a right during her life to the other two-thirds during the life of the said Mrs Hannah Kingsbury, and in case of her decease before the said Peddle then to the enjoyment of the whole, reserving at the same time the right of action to the heirs of the said Tyler against the said Peddle, styling herself executrix and universal legatee of the said Tyler, to allege her to annul the registries existing against the estate, and condemned the parties to pay their respective costs.

Counsels: The King's Procureur for the Plaintiff, the Kings Comptroller and Advocate Falla for the Defendant.

During the debate, it was whispered that Louisa had re-entered in to the married state. A messenger was sent to the clerk, and it was ascertained that it has actually taken place on the 18th January last; so that during the space of three short months, Louisa has a will made in her favour by Tyler, Tyler dies, she is sworn in executrix, and remarries again. This is what we call quick work with a vengeance!