Re: Lady Louise Windsor

On May 9, 3:39 pm, Joseph McMillan <mcmillan...@xxxxxxxxx> wrote:
On May 9, 2:28 am, CJ Buyers <susuha...@xxxxxxxxxxxxx> wrote:



On May 8, 10:15 pm, mrelliot...@xxxxxxxx wrote:
Don Aitken wrote:

It seems to me that the burden of proof is on the one who asserts that
her "real" style or title is one which has never been used or
acknowledged by anyone whose opinion in the matter carries any weight.

On the contrary, the burden of proof is on you and Mr. Byers.

Mr Buyers has already provided several examples of Royal styles and
titles where the 1917 Letters Patent are being ignored, contravened or
being superceded. <snip> The idea that conferrals by LP are
consequently property is quite ridiculous. In order to swallow that
ludicrous theory, we would have to accept that every appointment of a
judge, governor, excise commissioner or member of the fine arts
commission was a conferral of property.

I agree with Messrs Buyers and Aitken's conclusion, but it's worth
pointing out that the classic view of the common law is that such
offices are indeed property. Blackstone lists offices (and dignities)
among the categories of incorporeal hereditaments, meaning that they
are a type of real property. The logic is that they must be property
since the holder of the office is entitled by law to the income of the
office. But, similar to a lease, the enjoyment of the property right
is limited by the terms of the grant--to a term of years, during HM
pleasure, during good behavior, for life, or even (as in the grant of
the office of Earl Marshal to the Howards) for an indefinite number of
lives.

True, but in the cases the offices mentioned are paid offices, they
derive that status not from the Letters Patent but rather depend on
whether they confer an income. The method of appointment is entirely
immaterial. The income or payment derives from the legislation
conferring payment or income, not on how the person is appointed or
dismissed.

.

Relevant Pages

  • Re: Lady Louise Windsor
    ... The idea that conferrals by LP are ... whether they confer an income. ... Commissions in the Army were bought and sold until the ...
    (alt.talk.royalty)
  • Re: Lady Louise Windsor
    ... The idea that conferrals by LP are ... whether they confer an income. ... Commissions in the Army were bought and sold until the ...
    (alt.talk.royalty)