Part 12 (2/2)

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

”Clearly not,” agreed Thornd.y.k.e; ”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 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 a.s.sumed, 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 Thornd.y.k.e. ”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 Thornd.y.k.e; ”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,” Thornd.y.k.e 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?”

Thornd.y.k.e 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 G.o.dfrey to oppose the application, unless he can show that the conditions of clause two have been complied with--which it is virtually certain that he can not; 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 G.o.dfrey Bellingham.”

”Indeed!” said Thornd.y.k.e. ”What sort of agreement?”

”His proposal was this: that G.o.dfrey should support him and Jellicoe in an application to the Court for permission to presume death and to administer the will, and 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 G.o.dfrey the four hundred a year for life.”

”Hey ho!” exclaimed Thornd.y.k.e; ”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 favour on any little arrangements that aim at getting behind the provisions of a will,” Thornd.y.k.e 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 administering the will. If, for instance, Hurst had proposed to pay four hundred a year to G.o.dfrey so long as the body remained undiscovered on condition that, in the event of its discovery, G.o.dfrey should pay him a like sum for life, there would have been nothing to comment upon. It would have been an ordinary sporting chance. But the reference to 'all eventualities' is an entirely different matter. Of course, it may be mere greediness, but all the same, it suggests some very curious reflections.”

”Yes, it does,” said Jervis. ”I wonder if he has any reason to expect that the body will be found? Of course it doesn't follow that he has. He may be merely taking the opportunity offered by the other man's poverty to make sure of the bulk of the property whatever happens. But it is uncommonly sharp practice, to say the least.”

”Do I understand that G.o.dfrey declined the proposal?” Thornd.y.k.e asked.

”Yes, he did, very emphatically; and I fancy that the two gentlemen proceeded to exchange opinions on the circ.u.mstances of the disappearance with more frankness than delicacy.”

”Ah,” said Thornd.y.k.e, ”that is a pity. If the case comes into Court, there is bound to be a good deal of unpleasant discussion and still more unpleasant comment in the newspapers. But if the parties themselves begin to express suspicions of one another there is no telling where the matter will end.”

”No, by Jove!” said Jervis. ”If they begin flinging accusations of murder about, the fat will be in the fire with a vengeance. That way lies the Old Bailey.”

”We must try to prevent them from making an unnecessary scandal,” said Thornd.y.k.e. ”It may be that an exposure will be unavoidable, and that must be ascertained in advance. But to return to your question, Berkeley, as to what is to be done. Hurst will probably make some move pretty soon. Do you know if Jellicoe will act with him?”

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