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PEER AND DANCER I -

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PEER AND DANCER I SACKVILLE ROMANCE Claim to Title & Estates REMARKABLE PROBATE CASE In the Probate and Divorce Court to-da>y the suit involving the succession to the title and estates of the late Lord Sackville, and disclosing a story of romantic interest, came before the President (Sir John Bingham). The petitioner in the case is Mr. Ernest Henry Jean Baptiste Sackville-West, who, under the Legitimacy Declaration Act, asks the court to declare that he is the eldest legitimate son, consequently, heir of the late Lord Sackville, by Josephine Duran de Ortega, known as Pepita Duran, a Spanish dancer, to whom, it was alleged, Lord Sack- ville was married in 1864 or 1865, when he was Secretary of the British Legation in Madrid. The claimant was born in 1869 at Arcachon, in France, at which time Lord Sackville was First Secretary at the British Embassy in "Ilmrfs, and acted occasionally as II in is ter- Menipotentiary. The present Lord Sac'kville, formerly Mr. Lionel Edward Sackville-West. a nephew of the late Lord Sackville, and one of the parties cited as respondents, 4isputes the claim, alleging that Lord Sackville was Dot lawfully married to Josephine Duran de Ortesra, a.nd that she wa.s the wife of Juan Antonio Gabriel de I aOliva. The Attorney- General is made a party to the suit, as, officially, it is his duty, on behalf of the Crown, to test the claim. The leading counsel in the oase were Sir Edward Clarke, K.C., for the claimant; the Attorney-General (Sir William KoLeou), representing the Crown; and Sir Robert Finlay, K.C., and Mr. Eldon Bankes, KC., for the present Lord Sackville. THE CASE OPENED Sir Edward Clarke, in opening the case, said the claimant alleged that between I860 and 1867 the late Lord Sackville was married to Joeefa, or Josephine Duran de Ortega, and that he (the claimant) wae born in 1869 ot those parents. The Attorney-General re- fused to admit the legitimacy of the claimant, and the present Lord Saok- ville denied the late Lord Sackville-West "was married to the lady in question. He alleged that on the 10th of January, 1851, Josefa Duran de Ortega was married to Juan Antonio Gabriel de la Oliva at the Church of St. Millan, .Madrid, and remained his wife until her death in 1871. Sir Edward said he was there on behalf of the petitioner to --how that there was a mar- riage between the late Lord Sackville and this lady, and that issue were left of that marriage. That he proposed to prove by the Teputation and the declarations of the late Lord Sackville himself, and in the- absence of actual proof of the marriage his loi-dship was asked to take it as proved by the reputation and the declarations in question. The proof as to the other alleged marriage of the lady rested with the Attorney-General. Sir Edward, then referred to the pedigree of the la,te Lord Sackville and the various diplomatic posts he had filled. He was born in 1627. About the year I852 he met a person famous as a. dancer a Spanish lady, Joseph Duran de Ortega, who was born in May, 1830, and was the daughter 01 Pedro Duran and Catalina Ortega. It also appeared that in 1850 this dancer was living at Madrid, and was taking lessons off Juan Antonio de la-Oliva. She Danoed in Public and her stage name was Pepita de Oliva. S'he danced in France, Germany, and Spain, and leeame famous in her profession, and she also eaTrried a erriiaid-eraMe amount of nwrney. fame time before 185.3 Lord ;iacliville-t,hell Lionel Sackville AVest-made her acquaint- ance. In 1853 he became the first paid Attache at Berlin, and later was tSee-i-.etary of the British Legation at Turin. After that time he seemed to have provided the lady with a home. On the 23rd of November, iSbil, a child was born, who was tha lady who after- wards married her cousin, the present Lord SaokviLle, and it was not alleged that that lady was born in wedlock. On the 27th of June, 1365, a child was born at Bordeaux, a daughter, who was, as ihe petitioner alleged, the first legitimate child of the marriage of the late I-ord Sackville. She was baptised at the Church of St. Ferdinand, Bordeaux, and Was described in the certificate as the daughter of Lionel Sackvilie Sackville-West 111-d Joaerphine Duran De Ortega. Lived as Husband and Wife In 1866 the late Lord Sackville gave Jose- phine Duran a house at Arcachon, where she resided until hjer death in 1871. A number of witnesses would prove that the late Lord ka^kville and the lady lived together there as husband and wife, and had tha reputation of being so. In 1S66 a daughter was born, who waa described in the certificate as the legitimate child of the late Lord Sackville and Josephine Duran. The Claimant's Birth I The claimant, who was the sixth child, was born on the 24th of June, 1869, at Arcachon, alld the certificate of birth was: Certificate of the birth of Erneet Henri Jean Baptiste-West, oorm in this city on the 24th inst. at fire o'cloc kin the morn- ing. Son of the Hon. Lionel Sackville Sack- ville-West, Secretary of Embassy, 42 years old, and of Josephine Duran de Ortega, without profession, 33 years of age, his wife, both residing at Arcachon, etc This was signed by the late Lord Sackville and the lady. On the lith of July the claimant was bap- tised at Arcachon, his god-parents being the Dake of Sax-Coburg and the Countess De Beon. Josephine Duran died on the 10th of March, 1871. and the death certificate des- cribed her as the wife of Lionel Saokville- Sacskville West. Counsel referred to other diplomatic appointments held by the late peer, and stated that the daughter Flora, born in 1866. was married witll great pomp and cere- mony in Paris in 1888 to a young French diplomat. The late peer was present at the ceremony, and the bride was described as his laughter and the daughter of the lady deputed to be his wife. In 1889 the late peer retired on a pension, and he died in 1906 Vpoti the evidence which would be read, coånsel said he should ask his lordship to find that there was a strong a case as it was Possible to have of evidence by reputation of the marriage and of the repeatied declara- tions of the late peer himself. Foreign Witnesses I Evidence of foreign witnesses, who had been examined on commission, was then read. The effect of it was that at Bordeaux and Arcaohon the late Lord Sackville and the mother of the claimant were regarded <U! being marked. They were known as the Count and Countess West." One witness Sla-id that the people at Areachon always 83,1 d that the count and counters were married. "The count" visited Area-chon alhout every two months. People said that the countess was a. dancer, others that she had been a.n actreee, a.nd tihat being a fine woman she had happened to macry a count. One Arcachon witness said that people had doubted the marriage, but added. "Bad toon-glies said a lot of things about them, especially women." (Laughter.) A niece of the Count-ess of Boon said that- she had been at the house in the Rue St. Jean, Areachon, and the "Count and Countess Sackville West" spoke to one another as husband and wife in high terms, and very <*>urteotisly "Count West" spoke of the countess" as his wife. The house was a bea-utiful bouse, and the "comntees" had much valuable jewellery. Another witness fully believed that they were married. A document having the signature of the late peer. given to petitioner by the French nbleman, was produced, and its admisibility Was questioned, upon which the President <liSked if the petitioner was going to be called, and counsel said that he did not think tliat any evidence which the petitioner oouldgive would be relevant to the issue. (Proceeding.)

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