FREE BOOKS

Author's List




PREV.   NEXT  
|<   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84  
85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   >>   >|  
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
PREV.   NEXT  
|<   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84  
85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   >>   >|  



Top keywords:

Thorndyke

 
interested
 
presume
 

permission

 
mystery
 
understand
 
probability
 

Jervis

 

Jellicoe

 

clause


objected
 

conditions

 

decisions

 

foresee

 
pretty
 
temperament
 

conundrum

 

Courts

 

bequest

 
depend

idiosyncrasies
 

replied

 

immediately

 

administer

 
Bellinghams
 

smiled

 

happen

 
evidence
 

complicated

 
parties

unanimous
 

supporting

 

distinctly

 

application

 

interest

 
Godfrey
 

oppose

 

granted

 

decidedly

 
unpleasant

suspect

 

question

 

inquiry

 

rigorous

 
lightly
 

reviewed

 

testator

 
strong
 

predisposition

 

regard