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Updated: May 22, 2025
And the will made previously bequeathed Raynham to the testator's window, a handsome fortune to each of the two Dales, and a pittance of five hundred a-year to Reginald. The young man sank into a chair, stricken down by this overwhelming blow. His white face was the very picture of despair. "My uncle never destroyed this document," he exclaimed; "I will not believe it.
Judge Little had filed the will for probate, and had made application for letters of administration, which the court had denied. Under the terms of the will, it was pointed out, he was empowered to act in that capacity only in case of the testator's death before the majority of the legatee.
But, in expressing his surprise "at this extraordinary proof of the testator's interest in a perfect stranger to the family," he hinted his suspicion of an influence, on my part, exercised over Sir Gervase, so utterly shameful, that I cannot dwell on the subject. The language, I should add, was cunningly guarded.
Consider what it is that you are asked to do. "The petitioner asks permission to presume the death of the testator in order that the testator's property may be distributed among the beneficiaries under the will. The granting of such permission involves us in the gravest responsibility.
"The questions, then, gentlemen, that you have to ask yourselves before deciding on your verdict are two: first, Are the circumstances of the testator's disappearance and his continued absence incongruous with his habits and personal peculiarities as they are known to you? and second, Are there any facts which indicate in a positive manner that the testator is dead?
Anthony Thurston made a just will, and her share, while enough to maintain her, is not a large one, but I don't see yet just how it's to be handled. It was the testator's special wish that you should join the trustees, and that her husband should not lay his hands upon a dollar. From careful inquiries made in Vancouver, I judge he's a distinctly bad lot.
"of Astor's bequest reached Waldorf only in 1850, when a nephew of Mr. Astor's and one of the executors of his will appeared from New York in the testator's native town with power to pay over the money to the proper persons. He kept himself mostly in Heidelberg, and organized a supervisory board to aid in the disposition of the funds in accordance with the testator's intentions.
But if the son die in the testator's lifetime, or is in some other way released from his power, the grandson and granddaughter succeed to his place, and thus, by a kind of subsequent birth, acquire the rights of family heirs.
The trustees listened with the greatest candor to all these gratuitous hints. It was, however, suggested, in a well-written anonymous article which appeared in the village paper, that it was desirable to follow the general lead of the testator's apparent preference. The trustees were at liberty to do as they saw fit; but, other things being equal, same educational object should be selected.
Wagner, I should add, had been a naturalized British citizen, and his will was drawn by an English lawyer. The fourth, fifth, and sixth clauses of the will are the only portions of the document which it is necessary to mention in this place. The fourth clause left the whole of the testator's property, in lands and in money, absolutely to his widow.
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