no bequest to his brother in the event of
its not being carried out. Obviously, he had not entertained the
possibility of this contingency at all. He assumed, as a matter of
course, that the conditions of clause two would be fulfilled, and
regarded the conditions themselves as a mere formality."
"But," Jervis objected, "Jellicoe must have seen the danger of a
miscarriage and pointed it out to his client."
"Exactly," said Thorndyke. "There is the mystery. We understand that he
objected strenuously, and that John Bellingham was obdurate. Now it is
perfectly understandable that a man should adhere obstinately to the
most stupid and perverse disposition of his property; but that a man
should persist in retaining a particular form of words after it has been
proved to him that the use of such form will almost certainly result in
the defeat of his own wishes; that, I say, is a mystery that calls for
very careful consideration."
"If Jellicoe had been an interested party," said Jervis, "one would have
suspected him of lying low. But the form of clause two doesn't affect
him at all."
"No," said Thorndyke; "the person who stands to profit by the muddle is
George Hurst. But we understand that he was unacquainted with the terms
of the will, and there is certainly nothing to suggest that he is in any
way responsible for it."
"The practical question is," said I, "what is going to happen? and what
can be done for the Bellinghams?"
"The probability is," Thorndyke replied, "that the next move will be
made by Hurst. He is the party immediately interested. He will probably
apply to the Court for permission to presume death and administer the
will."
"And what will the Court do?"
Thorndyke smiled drily. "Now you are asking a very pretty conundrum. The
decisions of Courts depend on idiosyncrasies of temperament that no one
can foresee. But one may say that a Court does not lightly grant
permission to 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 interested parties 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
appli
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