o presume death. There will be a rigorous inquiry--and a
decidedly unpleasant one, I suspect--and the evidence will be reviewed
by the judge with a strong predisposition to regard the testator as
being still alive. On the other hand, the known facts point very
distinctly to the probability that he is dead; and, if the will were
less complicated and all the parties interested were unanimous in
supporting the application, I don't see why it might not be granted.
But it will clearly be to the interest of Godfrey to oppose the
application, unless he can show that the conditions of clause two have
been complied with--which it is virtually certain he cannot; and he may
be able to bring forward reasons for believing John to be still alive.
But even if he is unable to do this, inasmuch as it is pretty clear
that he was intended to be the chief beneficiary, his opposition is
likely to have considerable weight with the Court."

"Oh, is it?" I exclaimed eagerly. "Then that accounts for a very
peculiar proceeding on the part of Hurst. I have stupidly forgotten to
tell you about it. He has been trying to come to a private agreement
with Godfrey Bellingham."

"Indeed!" said Thorndyke. "What sort of agreement?"

"His proposal was this: that Godfrey should support him and Jellicoe in
an application to the Court for permission to presume death and to
administer the will, that if it was successful, Hurst should pay him
four hundred pounds a year for life: the arrangement to hold good in
all eventualities."

"By which he means?"

"That if the body should be discovered at any future time, so that the
conditions of clause two could be carried out, Hurst should still
retain the property and continue to pay Godfrey the four hundred a year
for life."

"Hey, ho!" exclaimed Thorndyke; "that is a queer proposal; a very queer
proposal indeed."

"Not to say fishy," added Jervis. "I don't fancy the Court would look
with approval on that little arrangement."

"The law does not look with much favor on any little arrangements that
aim at getting behind the provisions of a will," Thorndyke replied;
"though there would be nothing to complain of in this proposal if it
were not for the reference to 'all eventualities.' If a will is
hopelessly impracticable, it is not unreasonable or improper for the
various beneficiaries to make such private arrangements among
themselves as may seem necessary to avoid useless litigation and delay
in admi