ounds free of legacy duty and unto my
brother Godfrey Bellingham or if he should die before the occurrence of
my death unto his daughter Ruth Bellingham the residue of my estate and
effects real and personal subject to the conditions set forth
hereinafter namely:
"2. That my body shall be deposited with those of my ancestors in the
churchyard appertaining to the church and parish of St. George the
Martyr or if that shall not be possible in some other churchyard
cemetery burial ground church or chapel or other authorized place for
the reception of the bodies of the dead situate within or appertaining
to the parishes of St. Andrew above the Bars and St. George the Martyr
or St. George Bloomsbury and St. Giles in the Fields. But if the
conditions in this clause be not carried out then
"3. I give and devise the said residue of my estate and effects unto my
cousin George Hurst aforesaid and I hereby revoke all wills and
codicils made by me at any time heretofore and I appoint Arthur
Jellicoe aforesaid to be the executor of this my will jointly with the
principal beneficiary and residuary legatee that is to say with the
aforesaid Godfrey Bellingham if the conditions set forth hereinbefore
in clause 2 shall be duly carried out but with the aforesaid George
Hurst if the said conditions in the said clause 2 be not carried out.
"JOHN BELLINGHAM.
"Signed by the said testator John Bellingham in the presence of us
present at the same time who at his request and in his presence and in
the presence of each other have subscribed our names as witnesses.
"Frederick Wilton, 16 Medford Road, London, N., clerk.
"James Barber, 32 Wadbury Crescent, London, S.W., clerk."
"Well," said Jervis, laying down the document as Thorndyke detached the
last sheet from his writing-pad, "I have met with a good many idiotic
wills, but this one can give them all points. I don't see how it is
ever going to be administered. One of the two executors is a mere
abstraction--a sort of algebraical problem with no answer."
"I think that difficulty could be overcome," said Thorndyke.
"I don't see how," retorted Jervis. "If the body is deposited in a
certain place, A is executor; if it is somewhere else, B is the
executor. But as you cannot produce the body, and no one has the least
idea where it is, it is impossible to prove either that it is or that
it is not in any specified place."
"You are magnifying the difficulty, Jervis," said Thorn
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