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Updated: May 22, 2025
"Where did you learn to write a will?" he asked. "I used in my days of poverty to copy documents for a lawyer," she replied. "In this way I became something of a lawyer myself." "I see. Will you read what you have prepared?" Mrs. Crawford read the document in her hand. It provided in the proper legal phraseology for an equal division of the testator's estate between the widow and Carl.
Recognizing Bellamy's writing, he took it up and commenced to read the draft, for it was nothing else. Its substance was as follows. The document began by stating that the testator's former will was declared null and void on account of the "treacherous and dishonourable conduct of his son Philip."
But in No. 2, which was found near where the son thought he saw a person running, the toes are spread out quite wide. That is the footprint of some one who was in a great hurry. Now it is not probable that a boy had anything to do with the testator's death. Why, then, was the boy running so hard? I will tell you: because he was frightened at something he had seen through the blind.
The testator's evident intention was that his brother should inherit the property, whereas the construction of the will was such as almost certainly to defeat that intention. The devolution of the property depended on the burial clause clause two; but the burial arrangement would ordinarily be decided by the executor, who happened to be Mr. Jellicoe.
A vast property is handed over to an administrative body, hampered by no conditions save these; That the principal shall not be employed in building: that the funds shall be appropriated, in equal proportions, to the promotion of natural knowledge and to the alleviation of the bodily sufferings of mankind; and, finally, that neither political nor ecclesiastical sectarianism shall be permitted to disturb the impartial distribution of the testator's benefactions.
31 Still less is a legacy invalidated from a wrong motive being assigned by the testator for giving it: if, for instance, he says, 'I give and bequeath Stichus to Titius, because he looked after my affairs while I was away, or 'because I was acquitted on a capital charge through his undertaking my defence, the legacy is still good, although in point of fact Titius never did look after the testator's affairs, or never did, through his advocacy, procure his acquittal.
The will provides that if the testator should die within two months of the date of it the flat shall be sealed up exactly as it stands for twelve months after his death, and that the estate shall be held by me, as executor and trustee, for that period, and then dealt with according to instructions deposited in the testator's private safe in the vault which I rent from you in your Safe Deposit.
A man does not press an unsolicited loan of a hundred pounds on a woman unless he has a kindly feeling for her; still less does he leave her a legacy in his will. And then there swept a feeling of pain over her burdened heart. That legacy, which she had only considered as a token of the testator's present friendly feeling, had become in the last few hours an ominous possibility.
He thereupon dictated a will, by the terms of which he left to his servant, Sandy Campbell, three thousand dollars, as a mark of the testator's appreciation of services rendered and sufferings endured by Sandy on behalf of his master. After some minor dispositions, the whole remainder of the estate was devised to Dr.
My bill passed without opposition, and under its provisions the money was procured and deposited in the treasury in gold. If I cannot prevent the disgrace of the country by the failure of the testator's intention, I can leave a record to future time of what I have done, and what I would have done, to accomplish the great design, if executed well.
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