68

J

name must have caused him deep concern. According to the common law prevailing at the time Hart wrote the document, “a child was illegitimate if it was not born in wedlock” and “the illegitimate child had no rights of succession" (R. H. Graveson and F. R. Crane 1957: 42-3). However, Hart's arrangements for Ayaou and his three children by her after the termination of their relationship could lead to confusion if there was a court case. From Declaration 1 and 2, we know that Hart took custody of his three wards by Ayaou and spent a huge sum of money supporting their living and education in England. He also provided Ayaou with a large sum of money when they separated. If Hart had not made a legal statement detailing his non-marital relationship with Ayaou and the illegitimacy of his three children by her, it may have been difficult to prove, after his death, that his three wards by Ayaou were definitely illegitimate and consequently without legal rights of succession.

Declaration 1 was written on Hart's own official writing paper and it is much less formal than Declaration 2 and 3, the latter were formally declared before a Commissioner for Oaths and with the words "do solemnly and sincerely declare as follows". In fact, when Hart made Declaration 2 and 3 in 1910, two of his wards by Ayaou, Anna and Herbert had already died; however, past experience must have made him alert to the possibility that his surviving ward, Arthur and any grandchildren from his three wards might cause some trouble for his family after his death. In Declaration 2, he stresses what he stated in his previous declaration - Declaration 1: "Ayaou and I were never married. She was not my wife. Her three children above referred to were illegitimate". It indicates that Hart wants to make sure that his three children from his marriage to Hester Jane Bredon are his only descendents with legal rights of succession.

Hart's wife, Lady Hart may have encouraged him to prepare such a document. As mentioned above, she herself had experienced trouble from one of Hart's wards, Herbert, and she visited the Morning Post immediately after she learnt the news that Herbert had announced, in that newspaper, his departure from England by calling himself "eldest son of Sir Robert Hart". Lady Hart's prompt reaction to the issue indicates that she was conscious enough of Hart's relationship with Ayaou and his three children by her. From Hart's letter to Campbell we know that Hart didn't think Lady Hart's visit to the Morning Post a good idea and he worried that her visit might be "good 'fuel' for a

Share This Page