Mr. Meeson's Will eBook

This eBook from the Gutenberg Project consists of approximately 249 pages of information about Mr. Meeson's Will.

Mr. Meeson's Will eBook

This eBook from the Gutenberg Project consists of approximately 249 pages of information about Mr. Meeson's Will.

“To continue.  It appears—­I am taking Mr. Meeson’s statement as being perfectly accurate—­that the will was properly and duly executed by the testator, or rather by the person who tattooed in his presence and at his command:  a form of signature which is very well covered by the section of the Act of 1.  Vic., cap. 26.  It seems, too, that the witnesses attested in the presence of each other and of the testator.  It is true that there was no attestation clause:  but the supposed necessity for an attestation clause is one of those fallacies of the lay mind which, perhaps, cluster more frequently and with a greater persistence round questions connected with testamentary disposition than those of any other branch of the law.  Therefore, we must take the will to have been properly executed in accordance with the spirit of the statute.

“And now we come to what at present strikes me as the crux.  The will is undated.  Does that invalidate it?  I answer with confidence, no.  And mark:  evidence—­that of Lady Holmhurst—­can be produced that this will did not exist upon Miss Augusta Smithers previous to Dec. 19, on which day the Kangaroo sank; and evidence can also be produced—­that of Mrs. Thomas—­that it did exist on Christmas Day, when Miss Smithers was rescued.  It is, therefore, clear that it must have got upon her back between Dec. 19 and Dec. 25.”

“Quite so, old fellow,” said Eustace, much impressed at this coruscation of legal lore.  “Evidently you are the man to tackle the case.  But, I say, what is to be done next?  You see, I’m afraid it’s too late.  Probate has issued, whatever that may mean.”

“Probate has issued!” echoed the great James, struggling with his rising contempt; “and is the law so helpless that probate which has been allowed to issue under an erroneous apprehension of the facts cannot be recalled?  Most certainly not!  So soon as the preliminary formalities are concluded, a writ must be issued to revoke the probate, and claiming that the Court should pronounce in favour of the later will; or, stay, there is no executor—­there is no executor!—­a very important point—­claiming a grant of letters of administration with the will annexed:  I think that will be the better course.”

“But how can you annex Miss Smithers to a ’grant of letters of administration,’ whatever that may mean?” said Eustace, feebly.

“That reminds me,” said James, disregarding the question and addressing his brother, “you must at once file Miss Smithers in the registry, and see to the preparation of the usual affidavit of scripts.”

“Certainly, certainly,” said John, as though this were the most simple business in the world.

“What?” gasped Eustace, as a vision of Augusta impaled upon an enormous bill-guard rose before his eyes.  “You can’t file a lady; it’s impossible!”

“Impossible or not, it must be done before any further steps are taken.  Let me see; I believe that Dr. Probate is the sitting Registrar at Somerset House this sittings.  It would be well if you made an appointment for to-morrow.”

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Mr. Meeson's Will from Project Gutenberg. Public domain.