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My learned friend asserts that the testator is presumably dead, and it is for him to prove what he has affirmed. Now, has he done this? I submit that he has not.
Loram; "but the point is that the testator, whose habits had always been regular and orderly, disappeared on the date mentioned without having made any of the usual provisions for the conduct of his affairs, and has not since then been seen or heard of." With this preamble Mr.
"It is the absurd way in which this provision is worded that not only creates all the trouble but also makes the whole document so curiously significant in view of the testator's disappearance." "How significant?" Jervis demanded eagerly. "Let us consider the provisions of the will point by point," said Thorndyke; "and first note that the testator commanded the services of a very capable lawyer."
The Count made me a remittance of 12,000 crowns, which I carried to my aunt De Maignelai, telling her that it was a restitution made by one of my dying friends, who made me trustee of it upon condition that I should distribute it among decayed families who were ashamed to make their necessities known, and that I had taken an oath to distribute it myself, persuant to the desire of the testator, but that I was at a loss to find out fit objects for my charity; and therefore I desired her to take the care of it upon her.
But when the case had been heard in Court, it was evident either that the proceedings would be abandoned which was unlikely or that there would be new developments. "I watched the progress of events with profound interest. The coroner's jury had refused to identify the remains; the Probate Court had refused to presume the death of the testator. As affairs stood the will could not be administered.
The testator accordingly gave me certain instructions concerning the delivery of the gift, as he was leaving England that evening." "Are those instructions relevant to the subject of this inquiry?" "I think they are. The testator was going to Paris, and perhaps from thence to Vienna.
They had formed a circle round the invalid; the second notary was sitting at a table, prepared for writing, and his colleague was standing before the testator in the act of interrogating him on the subject to which we have alluded. "Your fortune exceeds 300,000. francs, does it not?" asked he. Noirtier made a sign that it did. "Do you possess 400,000 francs?" inquired the notary.
I must remark upon a very singular point that has been raised by the learned counsel for the petitioner, which is this: "My learned friend points out that these remains were discovered near Eltham and near Woodford and that the testator was last seen alive at one of these two places. This he considers for some reason to be a highly significant fact. But I cannot agree with him.
Alas! if this were the possibility, it had to be arrived at, the testator foresaw, through a dense medium of present difficulties. The very items of most importance in the meantime, if his widow and children were to be saved from actual straits, were the items of greatest uncertainty.
No one can deny that the testator had strict right upon his side; nevertheless the reader will agree with me that Theobald and Christina might not have considered the christening dinner so great a success if all the facts had been before them. I do not know whether it was written by one of his children, or whether they got some friend to write it for them.
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