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The woman positively swore that she saw the testatrix sign the will with her own hand, and no amount of the rough-and-ready, inartistic, and disingenuous "Will you swear this?" and "Are you prepared to swear that?" would have been of any avail. She had sworn it, and was prepared to swear it, in her own way, any number of times that any counsel might desire.
The first was introduced by a preamble setting forth that the testatrix was lineally descended from the ancient house of Ellangowan, her respected great-grandfather, Andrew Bertram, first of Singleside, of happy memory, having been second son to Allan Bertram, fifteenth Baron of Ellangowan.
The lawyer went on to say, that he had conformed to the desire of the testatrix in communicating the existence of the aforesaid will six days subsequent to her death, being the day after her funeral. There had been railing and jeering at the Countess de Saldar, the clever outwitted exposed adventuress, at Elburne House and Beckley Court. What did the crowing cleverer aristocrats think of her now?
She sat open-mouthed with admiration at all the long words. The frame was made, and the will hung up opposite to her bed, unknown to any one but Leonard; and, by dint of his repeated reading it over to her, she learnt all the words, except "testatrix," which she would always call "testy tricks."
Pechell, from a highly sensitive conscience such as is rarely equalled did not feel himself perfectly justified in acquiring so large a fortune until he knew that there were no relations of the testatrix in existence, whose claim to inherit the property might be greater than his own.
"No, not at that time." "Was it kept in a little bag by the pillow of the testatrix? Did she retain the keys of the bag herself?" "That is quite right." "Had it been executed at this time? I think you said not?" "Not at this time; it had to be revised." "How did you obtain possession of the keys?" "I obtained them." "Yes, I know; but without her knowledge?"
Hugh had undoubtedly been her favourite, and, could Martha have dictated the will herself, she would still have made Hugh the heir; but she had realised the resolution of her mistress so far as to confess that the bulk of the property was to go back to a Burgess. But there were very many Burgesses; and here was the one who had been selected flying in the very face of the testatrix!
This bequest was vested in the English trustees of the testatrix who were instructed to apply the interest for his benefit until he reached the age of twenty-five, after which the capital was to be handed over to him absolutely.
I have consulted skilful lawyers upon the point, and they all agree Modestus is not entitled to his liberty, since it is not expressly given, and consequently that the legacy is void, as being bequeathed to a slave.67 But it evidently appears to be a mistake in the testatrix; and therefore I think we ought to act in this case as though Sabina had directed, in so many words, what, it is clear, she had ordered.
Other clause in the will there was none, except that one substantial clause which bequeathed to her well-beloved nephew, Frederic Folliott Aylmer, everything of which the testatrix died possessed. The will had been made at some moment in which Clara's spirit of independence had offended her aunt, and her name was not mentioned.
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