Sirius' heir and Kreacher - there's a will and a way

[Steve]

No: HPFGUIDX 125671


--- In HPforGrownups at yahoogroups.com, "antoshachekhonte"
<antoshachekhonte at y...> wrote:
> 
> > bboyminn:
> > 
> <snip>
> > This is especially true in light of Sirius's death. Once Sirius 
> > died there was nothing to truly tie Kreacher directly to the House
> > of Black. 
> 
> <snip> 
> > On the subject of the Will, I can easily see Sirius creating a
> > hand written Will, and having it witnessed by someone from the 
> > Order. However, that Will can not be presented until they prove 
> > Sirius is innocent. ...edited...
> > 

> antoshachekhonte:
> 
> Being guilty of a crime has no bearing on the legality of a will.
> Sirius didn't lose his right to the Black family estate when he went
> to Azkaban, ...
> 

bboyminn:

You are absolutely right, being a criminal doesn't affect your ability
to control the disposition of your property in the event of your death
(ignoring entailments for the moment). But, in this circumstance,
Sirius being criminal does affect the wisdom of Dumbledore presenting
that Will for consideration. Also, being a criminal could affect the
preceived validity of a handwrittnen Will, when there are standards
for the disposition of estate property. It is likely, more on this
later, that the standard of disposition of an estate favors the first
born male child. That's very common in Europe, it keeps the estate
from being diluted.

Also, as noted, the presentation of the Will of an escaped prisoner
can potentially cause legal problems for the people who witness (by
signature) that Will.



> antoshachekhonte continues:
>
> No, the problem has more to do with proving he died. Though Kingsley
> and Tonks were there as credible witnesses, if it comes to that.
> 

bboyminn: 

Again, there is no reason to do anything until Dumbledore is in a
position to make revealing Sirius's death work to his strategic
advantage. Currently, his strategic advantage is best served by
letting people think Sirius is alive. When he has taken the proper
actions, and at the proper time, Dumbledore can set about proving
Sirius is innocent. That lays the ground work to then establishing
that Sirius is dead. 

Prior to establishing Sirius's innocents, the Auror who witnessed his
death, and those who, by signature, witnessed the Will would all be in
deep trouble if they revealed what they knew. So, establishing
Sirius's innocents, opens the door for these witnesses to speak up
with out fear of prosecution.

Dumbledore will manipulate this situation very carefully. He will work
every stage, and only reveal each detail as it suits his best
strategic advantage. That's the only way to serve the Order, the
cause, and protect innocent people.


> antoshachekhonte continues:
>
> Kreature is bound to the house, not the owner (though the bind is
> clearly a loose and chaffing one). Therefore, the house elf would 
> ... move with the house into the possession of Sirius's heir: most
> likely Harry, ...

bboyminn:

First, although you seem to understand, let's make a distinction
between the house that Black owns, and the House of Black. Kreacher is
bound by the nature of his enslavement to the House of Black, to the
direct patriarchal line of decendancy and accendancy of the immediate
Black family. His enslavement is tied to the son (Sirius) by way of
the father by the grandfather through the great grandfather and so on
for as far back as Kreacher's family attachment to the House of Black
goes. 

True Sirius says that Kreacher is required to obey all members of the
Black family, but that is out of loyalty to the family. Kreacher is
specifically owned or bound to the immediate and direct line of Blacks
that passes through and sadly ends with Sirius. 

Kreacher may have loyalty to Narcissa Malfoy, and may be willing to
transfer his enslavement to her, which is really to the House of
Malfoy, but Kreacher is not bound to Narcissa in the absents of any
bond of enslavement to the direct male heir of the Black family. In
the absents of Sirius, Kreacher is a free agent who is free to
transfer his loyalty and enslavement to another branch of the family tree.

Keep in mind that while there are still living members of the Black
family, the 'House of Black' died with Sirius; the House of Tonks,
LeStrange, and Malfoy continue on. In the absents of a controlling
Will, the Estate of the House of Black will probably be absorbed into
these other houses. 

Although, I have speculated that since the House of Malfoy has a
primary male heir with Black blood, he will probably be given priority
in the inheritance of the Black Family Estate. That makes the fight
for the Estate, a fight between Harry (via the Will) and Malfoy (via
entailment).

Just a thought.

Steve/bboyminn