Note 274 — XVI—THE CLOSE OF LIFE

Mr. Charles Elton, Q.C., has been kind enough to give me a legal opinion on this point. He wrote to me on December 9, 1897: ‘I have looked to the authorities with my friend Mr. Herbert Mackay, and there is no doubt that Shakespeare barred the dower.’ Mr. Mackay’s opinion is couched in the following terms: ‘The conveyance of the Blackfriars estate to William Shakespeare in 1613 shows that the estate was conveyed to Shakespeare, Johnson, Jackson, and Hemming as joint tenants, and therefore the dower of Shakespeare’s wife would be barred unless he were the survivor of the four bargainees.’ That was a remote contingency, which did not arise, and Shakespeare always retained the power of making ‘another settlement when the trustees were shrinking.’ Thus the bar was for practical purposes perpetual, and disposes of Mr. Halliwell-Phillipps’s assertion that Shakespeare’s wife was entitled to dower in one form or another from all his real estate. Cf. Davidson on Conveyancing; Littleton, sect. 45; Coke upon Littleton, ed. Hargrave, p. 379 b, note I.