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Updated: May 2, 2025
"She was too canny to leave him a loophole for divorce, even in California; but I guess that didn't worry him much. "If the earthquake and fire hadn't come so soon after the will was probated there might have been a lot of speculation about it, among men, at least.
Clerks were idle; they stood in doorways looking up and down the street. Prominent citizens left their chairs beneath the courthouse awning to avoid other prominent citizens whom they saw approaching. Still they could not avoid one another. "Any news?" asked Acres of Coleman, whom he met coming out of the courthouse. "Not a thing. Clerk says no will has been probated there to-day.
Without waiting for the will to be probated or having legal authority to do so, Brea and his wife, the very day of the funeral, moved into the house and took possession.
Watson brought into the drawing room the tin box containing the important Elmhurst papers in his possession, and having requested all present to be seated he said: "In order to clear up the uncertainty that at present exists concerning Miss Merrick's last will and testament, I will now proceed to read to you the document, which will afterward be properly probated according to law."
Not even in that capacity would Major Murphy deliver to her the will and insurance policy when they were demanded, and it is claimed that he destroyed the will. Certainly it was never probated. Murphy was accustomed to keep this will in a tin can, hid in a hole in the adobe wall of his store building. There were no safes at that time and place.
"'To my nephew, John Winthrop, I bequeath the sum of $1,000 to be presented to him in person immediately after this will is probated, and with the understanding that he shall make no further demand upon my son and heir in the future. That is all," concluded the lawyer, folding the document. "I have the check in my pocket." "Keep it," said I, rising. A hot flush of indignation swept over me.
He wondered whether or not Mortimer Fenley had committed some technical error, such as the common one of creating a trust without appointing trustees. That would be seen in due course, when the will was probated. At any rate, he grinned at his own expense. "The only individual who has scored today," he said to himself, "is John Christopher Drake, alias Giovanni Maselli. I must keep mum about him.
Never before, in the face of any mystery, had I felt so blind and helpless, and the feeling took such a grip upon me that it kept me awake for a long time after I got to bed. It seemed, in some mysterious way, that I was contending with a power greater than myself, a power threatening and awful, which could crush me with a turn of the wrist. Vantine's will was probated next morning.
Moreover, he was bound and determined that he himself should be named as trustee when the fortune came over at Lord Brace's death. That part of it turned out precisely as he had calculated. Let me go on a few months in advance of my story. Lord Brace died, and the will was properly probated and the provisions carried out.
But what gave Ezra the greatest satisfaction was the fact that Brea's wife was down by name in the new will for one dollar lawful currency. The will was promptly filed and probated. Ezra gave bonds and was appointed one of the executors, and he had what to him was the immense satisfaction of denouncing Brea to his face as a forger and villain.
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