Courtney Milan is working on a presentation for the Beau Monde conference, which happens Wednesday 30 July, conveniently out in SF. It’s a mini-con, she says, and her workshop is all about wills, and what they can and cannot do. For example, she says, “they can’t condition the money given on marrying a particular person. Or a slew of other things, ranging from “no violating the Rule Against Perpetuities” (please don’t make me explain that one—it basically means, don’t give stuff to people who aren’t, and might not be, born, but it’s more complicated than that in ways that take ages to explain) to “you have to let people do *something* with your stuff, eventually.”
Problem is, Ms. Milan needs books what deal with wills as a plot device.
One of the things I want to end with is a dissection of Actual Wills in Actual Historical Romances. I know I have read this particular trope about ten zillion times, but when push comes to shove, I never remember names and I cannot remember a single book in which it actually comes into play. Worst of all, my vast stores of historical novel are all packed in boxes and in another state, due to an impending move. If possible, I would like to impose on the Bitchery for the following.
There may be a large number of answers here, rather than just one book, but here is what I am looking for:
1. Must be set in England before 1873. And no, Scotland doesn’t count—Scotland had separate courts of equity and different rules applied.
2. The heroine must marry the hero because a will specifies that the two must marry. It doesn’t matter whose will, or who will lose the money (either the hero or the heroine). The important thing is that the will must say, “You, Jane Heroine, will receive 10,000 pounds, but only if you marry John Hero.”
3. Ideally, the relevant language of the will should be in the text of the book, but this is not necessary.
So, anyone got any ideas to make this presentation super-duper funky punchy? And if we get really, really good answers in this thread, can we sit in? I promise not to heckle!!
In Georgette Heyer’s The Reluctant Widow, the relative of the dying sleaze was anxious to marry him to someone so that he could leave his estate to her, NOT so that the relative could retain the estate. He was trying to avoid the appearance that he had ever had any designs on the sleaze’s estate.
What She Wants by Lynsay Sands has almost the same story line. He is the new Earl of Hillcrest after his uncle dies, but his uncle’s ward inherits all the money unless he marries her. Of course, he doesn’t find that detail out until after he’s already insulted her and told her he has no wish to marry her, so he has to jump through a lot of hoops to get her to accept. I no longer have the book to look up details, but I think it was set in England.
I’m always fascinated by those ‘must remain celibate’ type clauses. Is there supposed to be a clerk following the hero around? A legal padlock on his britches? How exactly is that sort of will enforced?
I was reading recently how a woman was only regarded by law by her relationship to a man: wife, daughter, sister, ward. Without a relationship like that, she had very little legal status, which is why marriage was so important.
There were plenty of heiresses (I know I’ve read lots of books about those!), but I think it was more likely that a female hair would inherit money, while the property and land would go to a male heir. This is what entailment is about: ensuring the property isn’t broken up by many inheritors (for instance if Mrs Bennet and her daughters all had to live off the estate. If any of the daughters married, then her portion of the estate would also be supporting her new husband and family, and leaving the other sisters with even less) and making sure the estate passes to a male heir (f it passed to a female hair, then it would be absorbed into her husband’s property, and wouldn’t stay in the family—a big foundation of aristocratic position is family land).
A rich man who had both land and money would settle the estate on his oldest son, and then provide cash for the other children. The problems arose when there wasn’t enough money for the younger sons, which is why it was often the fashion for them to join the army and clergy; and why the daughters had to marry!
Margarita by Joan Wolf and
The Actress and The Rake by Carola Dunn
In Watch The Wall, My Darling by Jane Aiken Hodge, the heroine must marry one of her two cousins, otherwise the estate/money will go to some sort of charity.
“When I die, I propose that the income shall be divided equally between Ross and Richard. . . Quiet, Ross, I am coming to Christina. She gets everything else. . . the Abbey, the shingle, the marsh, the sheep—on two conditions. First, that she keep her aunt here as long as she wishes to stay. Second, that she marry either you, Ross, or Richard.†A lifted hand compelled silence. “No, I’ll not be interrupted! And, if it’s Richard, he’s to change his name to Tretteign. At least, thus, the name continues.†He stopped, surveying them broodingly from the depths of his chair.”
…
“If, when my will is proved, you, Christina, are not married either to Richard or to Ross, Mrs. Tretteign’s income remains the same, the rest is divided between the three of you, and the Abbey goes to the Patriotic Fund. “
I’m not sure of the date, but it’s set during the blockade of the English coast by Napoleon’s navy, so I think that fits in. And it’s near Rye, so I think that’s not Scotland…
Sounds like a fabulous seminar.
I spent more hours than I can count reading up on Edward I’s inheritance reforms. His provided the catalyst that, imho, changed the face of England when it came to womens’ property rights.
Anne Gracie’s book is The Perfect Kiss. I’m not sure on the time although it is a historical. The hero can only inherit / get the ancestral home if he marries Melly (the heroine’s best friends). The marriage was arranged via contract when the hero was 16 and Melly was 9 or so. Melly’s dad is the only one who can negate the stipulation in the will. Of course through most of the book he is adamant that the hero marry his daughter Melly so that she will be safe (married, wealthy) after his death. So, it has a will stipulation but that is backed up by some sort of agreement / contract.
Stephanie Laurens uses a similar plot to this in at least one of her Bastion Club books. The man inherits everything (title, houses, houses full of old biddy aunts, cousins, etc) but only gets the money to support it all if he marries within a year. Doesn’t specify who the bride has to be, only that he has to marry.
I can’t find my copy of this book, so I’m not sure if this is a will or a ‘betrothal agreement’, but “The Magnificent Mirabelle” by Lydia Lee has the plot line that the hero must marry the oldest daughter of *some old family friend*, and the daughters happen to be twins. That’s the only one that stands out specifically in my memory, though I know I’ve read others (aside from The Wyndham Legacy, as previously mentioned by others).
Mary Balogh’s short story, “The North Tower”. I believe it’s part of the anthology, “Moonlight Lovers”. And since it’s a paranormal romance, perhaps it’s not quite valid for your presentation…
So, the contingencies of the will… Daphne inherits Roscoe Castle from her maternal grandfather if she marries the Earl of Everett (a neighbor who covets the castle). If they don’t marry within 3 months, ownership passes to a nameless cousin in America…
The Rule Against Perpetuities isn’t so bad once you worked through it.
The Fertile Octogenarian and the Unborn Widow would make a great title for a book.
Unenforceable wills in books always annoyed me so I can’t help there. It would be interesting though if someone would manage to bust one of those wills. The fall out might be fun.
And one other thing—how come curtesy (the male equivalent of dower) never appears in romances? You would think all those men who were thought to have murdered their heiress wives would have caused the issue to surface somewhere. Sorry for the rambling!
“The Female Quixote” by Charlotte Lennox. It’s not technically an historical because it’s from the 18th century. In it the heroine gets some money from her deceased father, but will get the entire estate as long as she marries her cousin—although I think that’s just because of the “entailed property goes to a male heir, so she ‘owns’ it as his wife” thing.