ished that his brother should benefit under the will. Let us
take the first point and see how he has set about securing the
accomplishment of what he desired. Now, if we read clauses two and three
carefully, we shall see that he has rendered it virtually impossible
that his wishes can be carried out. He desires to be buried in a certain
place and makes Godfrey responsible for his being so buried. But he
gives Godfrey no power or authority to carry out the provision, and
places insuperable obstacles in his way. For until Godfrey is an
executor, he has no power or authority to carry out the provisions: and
until the provisions are carried out, he does not become an executor."

"It is a preposterous muddle," exclaimed Jervis.

"Yes, but that is not the worst of it," Thorndyke continued. "The moment
John Bellingham dies, his dead body has come into existence; and it is
'deposited' for the time being, wherever he happens to have died. But
unless he should happen to have died in one of the places of burial
mentioned--which is in the highest degree unlikely--his body will be,
for the time being, 'deposited' in some place other than those
specified. In that case clause two is--for the time being--not complied
with, and consequently George Hurst becomes, automatically, the
co-executor.

"But will George Hurst carry out the provisions of clause two? Probably
not. Why should he? The will contains no instructions to that effect. It
throws the whole duty on Godfrey. On the other hand, if he should carry
out clause two, what happens? He ceases to be an executor and he loses a
legacy of some seventy thousand pounds. We may be pretty certain that he
will do nothing of the kind. So that, on considering the two clauses,
we see that the wishes of the testator could only be carried out in the
unlikely event of his dying in one of the burial-places mentioned, or
his body being conveyed immediately after death to a public mortuary in
one of the said parishes. In any other event, it is virtually certain
that he will be buried in some place other than that which he desired,
and that his brother will be left absolutely without provision or
recognition."

"John Bellingham could never have intended that," I said.

"Clearly not," agreed Thorndyke; "the provisions of the will furnish
internal evidence that he did not. You note that he bequeathed five
thousand pounds to George Hurst, in the event of clause two being
carried out; but he has made