Page:The Complete Peerage Ed 2 Vol 1.djvu/417

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AYLESFORD COMPLETE PEERAGE 367 Thomas Peers Williams, of Temple House, Berks, and of Craig-y-don, Anglesey, by Emily, da. of Anthony Bacon, of Elcott, Berks. From her he was separated by deed dat. 22 May 1877. He d. s.p.m.i^') 13 Jan. 1885, at Big Springs, co. Howard, in Texas, aged 34, and was bur. in the church of Packington. Will dat. 2 Sep. 1882. His widow d. at 51 Wel- beck Str.,2 3,and was^«r. 28 June 1 897, at Bisham, Berks. Admon. ;^8,742 gross, 11,12-] net. VIII. 1885. Charles Wightwick. (Finch), Earl of Aylesford [17 14], and Baron Gernsey [1703], br. and h. male, b. 7 June 1 85 1, in Curzon Str., Mayfair. He established his claim to the Peerage C") and had a writ of summons 31 July 1855. In politics he is a Conservative. He m., istly, 4 Feb. 1873, Georgiana Agnes, ist da. of William (Bagot), 3rd Lord Bagot, by Lucia Caroline Elizabeth, da. of (*) It appeared that the Countess gave birth to a son, on 4 Nov. 1881, at No. 8 Avenue Friedland, Paris, who was registered (the parents being not named) as " Guv Bertrand, " and who appears, sometimes, to have been ityled " Lord Guernsey. " His reputed father was George Charles Spencer-Churchill, then styled Marquess of Blandford, afterwards (1883), 8th Duke of Marlborough. Nearly two years after- wards this child was, 29 June 1883, bap., under the same names, at St. Mary-le- Strand, Midx., but as son of Heneage, Earl of Aylesford, and Edith, which paternity was however subsequently disallowed by the House of Lords. C") The old legal doctrine of " Pater est quern nuptia demonstrant " has been overruled by the House of Lords in the following instances: — (i) In 1692/3 and (again) in 181 3, in the case of the Earldom of Banbury, in which the legitimacy of Nicholas Knollys, b. 3 Jan. 1630/1, was disallowed by their Lordbhips, notwithstanding it had been allowed by the King's Bench in 1694. (2) In 1824, in the case of the Barony of Gardner, as against the claim of Henry Fcnton Gardner (better known as Henry Fenton Jadis), h. 8 Dec. 1802 in wedlock, but at a date which precluded the possibility of his legitimacy. (3) On 16 May 1848, in the case of the Barony of Say and Sele, in which the right of Charles Twisleton (whose putative father " John Stein, Esq., " gave evidence as to such his paternity) was passed over, though the said Charles was h. 30 Mar. 1797, before the dissolution [1798] of his mother's marriage with the Hon. Thomas James Twisleton, whose son (by a subsequent wife) Frederick Benjamin Twisleton lb. 4 July 1799) was declared to have established his claim to the Peerage. (4) In July 1885, in the case of the Earldom of Aylesford, as against the legitimacy of a child b. 4 Nov. 188 1 in wedlock, of parties who were residing respectively in Chapel Place (Oxford Str.) and in Portugal Str. (South Audley Str.) Midx., in the months of Jan., Feb., Mar. and Apr. previous to the birth. (5) On 3 July 1905, in the case of the Earldom of Poulett, as against the legitimacy of a child b. 15 Dec. 1849, '" wedlock, the mother having m. Earl Poulett 23 June 1849, and the Earl denying paternity on he ground of non-access. The same overruling has also been effected by Act of Pari., of which the following instances apply to Peerage successions, viz.: — (i) Act 9 and lo Will. Ill, c. 11, "for dissolving the marriage between Charles [Gerard] Earl of Macclesfield and Anne his wife, and to illegitimate to children of the said Anne " ; and (2) Act 6 and 7 Vic, " to declare that certain persons therein named are not the children of George Ferrars [Townshend], Marquis Tgwnshend. " The case of the supposed s. of the xviii Earl of Leicester, h. 29 Sep. 1738, 21 years after the Earl's marriage, never seems to have come before the Lords.