"And that," I laughed, "is why he refused to answer."
"Why, Ernest, it must run into big figures."
"Right-ho, father. The death-duties will be annoying. What a beastlyswindle the death-duties are! Why, I shall suffer even on your ownlittle estate . . . "
"That will do!" he said curtly. Father is so ridiculously touchy. Onewould think he expects to live for ever. Presently he spoke again:
"I wonder what are the conditions of that trust. They are asimportant--almost--as the amount of the bequest--whatever it is. By theway, there seems to be no mention in the will of a residuary legatee.Ernest, my boy, we may have to fight over that."
"How do you make that out, father?" I asked. He had been very rude overthe matter of the death-duties of his own estate, though it is entailedand I _must_ inherit. So I determined to let him see that I know a gooddeal more than he does--of law, at any rate. "I fear that when we cometo look into it closely that dog won't fight. In the first place, thatmay be all arranged in the letter to St. Leger, which is a part of theWill. And if that letter should be inoperative by his refusal of theconditions (whatever they may be), then the letter to the attorney beginsto work. What it is we don't know, and perhaps even he doesn't--I lookedat it as well as I could--and we law men are trained to observation. Buteven if the instructions mentioned as being in Letter C fail, then thecorpus of the Will gives full power to Trent to act just as he darnpleases. He can give the whole thing to himself if he likes, and no onecan say a word. In fact, he is himself the final court of appeal."
"H'm!" said father to himself. "It is a queer kind of will, I take it,that can override the Court of Chancery. We shall perhaps have to try itbefore we are done with this!" With that he rose, and we walked hometogether--without saying another word.
My mother was very inquisitive about the whole thing--women always are.Father and I between us told her all it was necessary for her to know. Ithink we were both afraid that, woman-like, she would make trouble for usby saying or doing something injudicious. Indeed, she manifested suchhostility towards Rupert St. Leger that it is quite on the cards that shemay try to injure him in some way. So when father said that he wouldhave to go out shortly again, as he wished to consult his solicitor, Ijumped up and said I would go with him, as I, too, should take advice asto how I stood in the matter.
_The Contents of Letter marked_ "_B_" _attached as an Integral Part tothe Last Will of Roger Melton_.
_June_ 11, 1907.
"This letter an integral part of my Last Will regards the entire residue of my estate beyond the specific bequests made in the body of my Will. It is to appoint as Residuary Legatee of such Will--in case he may accept in due form the Conditions herein laid down--my dear Nephew Rupert Sent Leger only son of my sister Patience Melton now deceased by her marriage with Captain Rupert Sent Leger also now deceased. On his acceptance of the Conditions and the fulfilment of the first of them the Entire residue of my estate after payments of all specific Legacies and of all my debts and other obligations is to become his absolute property to be dealt with or disposed of as he may desire. The following are the conditions.
"1. He is to accept provisionally by letter addressed to my Executors a sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes or other imposts. This he will hold for a period of six months from the date of the Reading of my Last Will and have user of the accruements thereto calculated at the rate of ten per centum per annum which amount he shall under no circumstances be required to replace. At the end of said six months he must express in writing directed to the Executors of my Will his acceptance or refusal of the other conditions herein to follow. But if he may so choose he shall be free to declare in writing to the Executors within one week from the time of the Reading of the Will his wish to accept or to withdraw altogether from the responsibility of this Trust. In case of withdrawal he is to retain absolutely and for his own use the above-mentioned sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes and imposts whatsoever making with the specific bequest of one thousand pounds a clear sum of one million pounds sterling free of all imposts. And he will from the moment of the delivery of such written withdrawal cease to have any right or interest whatsoever in the further disposition of my estate under this instrument. Should such written withdrawal be received by my Executors they shall have possession of such residue of my estate as shall remain after the payment of the above sum of nine hundred and ninety-nine thousand pounds sterling and the payment of all Duties Taxes assessments or Imposts as may be entailed by law by its conveyance to the said Rupert Sent Leger and these my Executors shall hold the same for the further disposal of it according to the instructions given in the letter marked C and which is also an integral part of my Last Will and Testament.
"2. If at or before the expiration of the six months above-mentioned the said Rupert Sent Leger shall have accepted the further conditions herein stated, he is to have user of the entire income produced by such residue of my estate the said income being paid to him Quarterly on the usual Quarter Days by the aforesaid Executors to wit Major General Sir Colin Alexander MacKelpie Bart. and Edward Bingham Trent to be used by him in accordance with the terms and conditions hereinafter mentioned.
"3. The said Rupert Sent Leger is to reside for a period of at least six months to begin not later than three months from the reading of my Will in the Castle of Vissarion in the Land of the Blue Mountains. And if he fulfil the Conditions imposed on him and shall thereby become possessed of the residue of my estate he is to continue to reside there in part for a period of one year. He is not to change his British Nationality except by a formal consent of the Privy Council of Great Britain.
"At the end of a year and a half from the Reading of my Will he is to report in person to my Executors of the expenditure of amounts paid or due by him in the carrying out of the Trust and if they are satisfied that same are in general accord with the conditions named in above-mentioned letter marked C and which is an integral part of my Will they are to record their approval on such Will which can then go for final Probate and Taxation. On the Completion of which the said Rupert Sent Leger shall become possessed absolutely and without further act or need of the entire residue of my estate. In witness whereof, etc.
"(Signed) ROGER MELTON."
This document is attested by the witnesses to the Will on the same date.
(_Personal and Confidential_.)
MEMORANDA MADE BY EDWARD BINGHAM TRENT IN CONNECTION WITH
THE WILL OF ROGER MELTON.
_January_ 3, 1907.
The interests and issues of all concerned in the Will and estate of the late Roger Melton of Openshaw Grange are so vast that in case any litigation should take place regarding the same, I, as the solicitor, having the carriage of the testator's wishes, think it well to make certain memoranda of events, conversations, etc., not covered by documentary evidence. I make the first memorandum immediately after the event, whilst every detail of act and conversation is still fresh in my mind. I shall also try to make such comments thereon as may serve to refresh my memory hereafter, and which in case of my death may perhaps afford as opinions contemporaneously recorded some guiding light to other or others who may later on have to continue and complete the tasks entrusted to me.
I.
CONCERNING THE READING OF THE WILL OF ROGER MELTON.
When, beginning at 11 o'clock a.m. on this the forenoon of Thursday, the 3rd day of January, 1907, I opened the Will and read it in full, except the clauses contained in the letters marked "B" and "C"; there were present in addition to myself, the following:
1. Ernest Halbard Melton, J.P, nephew of the testator.
2. Ernest Roger Halbard Melton, son of the above.
3. Rupert Sent Leger, nephew of the testator.
4. Major-General Sir Colin Alexander MacKelpie, Bart., co-executor with myself of the Will.
5. Andrew Rossiter, my clerk, one of the witnesses of the testator's Will.