In re Cooper
Opinion of the Court
This testator has bequeathed to Miss Williams “ all the furniture, bedding, ornaments and paraphernalia” of which he died possessed. The
In its strict legal sense, that term has no possible application to the property of a man; its meaning in common parlance is so vague and indefinite that it may justly be said to be incapable of precise definition. Etymologically the .word means “ beyond or besides dower.” By the civil law a woman was not -constrained to bring her whole substance as a portion to her husband; she could retain a part of it, and that part was called her paraphernalia. In England, the expression paraphernalia was formerly understood to cover such jewels, wearing apparel and personal ornaments, worn by a woman during her marriage, as wrere suitable to the quality and station in life of her husband. These she could claim after his death against all persons except his creditors (2 Burns Ecc. Law, 456).
Applying the doctrine of noseiiur a sociis to the testamentary provision here in question, it seems reasonable to suppose that if the testator meant anything by the word “ paraphernalia,” in making a bequest of his “ furniture, bedding, ornaments and paraphernalia,” he meant such jewels, apparel and personal ornaments as he might leave at his death, or such of them at least as were suitable to his station in life and his circumstances. If suitability to circumstances is an
The decree may provide for the delivery of these paraphernalia to Miss Williams.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.