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Updated: May 22, 2025
The will was comprised in one solitary sentence, exclusive of the dates and signatures: "In case I die on the voyage, the Purser will please pay over my wages to my wife, who lives in Portsmouth, New Hampshire." Besides the testator's, there were two signatures of witnesses.
The will itself bore date about six years anterior to the testator's tragic death: it was very short, and, with the exception of a few legacies, of which the most important was L10,000 to his ward, the whole of his property was left to Richard Strahan, on the condition that he took the name and arms of Derval within a year from the date of Sir Philip's decease.
6 If a legacy is given of a thing belonging to another person, and the legatee becomes its owner during the testator's lifetime by purchase, he can obtain its value from the heir by action on the will: but if he gives no consideration for it, that is to say, gets it by way of gift or by some similar title, he cannot sue; for it is settled law that where a man has already got a thing, giving no consideration in return, he cannot get its value by a second title of the same kind.
Almost all the heads of department are indifferent to its application according to the testator's bequest; distinguished senators open or disguised enemies to the establishment of the institution in any form.
The arrangements and decorations of the banquet were probably intended to signify that death in life which had been the testator's definition of existence. The hall, illuminated by torches, was hung round with curtains of deep and dusky purple, and adorned with branches of cypress and wreaths of artificial flowers, imitative of such as used to be strewn over the dead.
The estate was not divided per capita, but among families as a whole; for example, if of two sons one only was alive, but the other had left children, the testator's surviving son received one half of the patrimony and his grandchildren through his other son the other half, to be divided among them severally. If, then, there were six grandchildren, each received one twelfth of the estate.
The group around, in whose eyes hope alternately awakened and faded, and who were straining their apprehensions to get at the drift of the testator's meaning through the mist of technical language in which the conveyance had involved it, might have made a study for Hogarth. The deed was of an unexpected nature. In these 'uses, ends, and purposes' lay the cream of the affair.
Moreover, old Lindstrand's will was perfectly unequivocal, and contained none of those ill-natured restrictions about marrying or not marrying, or assuming the testator's name, or anything which could put the legatee to the slightest inconvenience. But Claudius experienced no sensation of pleasure at finding himself sole master of a million and a half.
It's utterly impossible for anybody to find out. The testator's dead. The attesting witnesses are dead. The man who found this will is dead. No one but you and myself ever need know a word about all this. If you make terms with me, Mrs. Mallathorpe." "What do you want?" she asked sullenly. "You forget I've nothing of my own. I didn't come into anything."
In short, as Mazeroux said, everybody was groping in the dark, so much so that the Prefect, who was called upon by the will to assemble the Mornington heirs at a date not less than three nor more than four months after the testator's decease, suddenly decided that the meeting should take place in the course of the following week and fixed it for the ninth of June.
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