Page 107 - index

ther had expressed a desire that somn part, at least, of her
property should go to her own relatives. Respect foi her
mother's wishesand hei own affection for her cousins siip-
ply ample motives for the gift in question.
Considering then the v:~lue and nature of the gift, t'he
relationship of the parties, and then niotives whichmiglit
nstuially have actuated the donor theie eems to be good
reasorifo~ presuming that if she had contenipl«fed chiklre?~
she would still hat'e rnnde it. Iier lctters to hcr uncle
Maurice, directing the arrangements to I>e prepara,toq,
to her insrriage, strongl~ support this presumption.
But it is said she did not in fact contemplste havingchil-
dien when she niade the gift. The true question however
would seem to he, not whether she tlioiight of hsving
children, but whether it can be presumed that if she had
thought of them,shc would still bave madethegift. Even
if this be not 80, it is difficult to mppose that this lady,
possessed of great attractions and of great wealth, and
whose letters display much intelligence and forethought,
did not conteniplate the prohability of marriage. Ques-
tions of this kind cm only be deoided upon presuniptions,
and their Lordships agree with those which have been arri-
vedat by themajority of the Judges in the Court below on
this point.
Their Lorships will, for the reasons they have given, hum-
bly advise Her Majesty to affinn the judgment appealed
from. and with costs.