by Bram Stoker
“I should like some points elucidated.” The attorney bowed (he gets his 120 thou’, any way, so he can afford to be oily — suave, I suppose he would call it); so father looked at a slip of paper in his hand and asked:
“How much is the amount of the whole estate?”
The attorney answered quickly, and I thought rather rudely. He was red in the face, and didn’t bow this time; I suppose a man of his class hasn’t more than a very limited stock of manners:
“That, sir, I am not at liberty to tell you. And I may say that I would not if I could.”
“Is it a million?” said father again. He was angry this time, and even redder than the old attorney. The attorney said in answer, very quietly this time:
“Ah, that’s cross-examining. Let me say, sir, that no one can know that until the accountants to be appointed for the purpose have examined the affairs of the testator up to date.”
Mr. Rupert St. Leger, who was looking all this time angrier than even the attorney or my father — though at what he had to be angry about I can’t imagine — struck his fist on the table and rose up as if to speak, but as he caught sight of both old MacKelpie and the attorney he sat down again. Mem. — Those three seem to agree too well. I must keep a sharp eye on them. I didn’t think of this part any more at the time, for father asked another question which interested me much:
“May I ask why the other matters of the Will are not shown to us?” The attorney wiped his spectacles carefully with a big silk bandanna handkerchief before he answered:
“Simply because each of the two letters marked ‘B’ and ‘C’ is enclosed with instructions regarding their opening and the keeping secret of their contents. I shall call your attention to the fact that both envelopes are sealed, and that the testator and both witnesses have signed their names across the flap of each envelope. I shall read them. The letter marked ‘B,’ directed to ‘Rupert Sent Leger,’ is thus endorsed:
“‘This letter is to be given to Rupert Sent Leger by the Trustees and is to be opened by him in their presence. He is to take such copy or make such notes as he may wish and is then to hand the letter with envelope to the Executors who are at once to read it, each of them being entitled to make copy or notes if desirous of so doing. The letter is then to be replaced in its envelope and letter and envelope are to be placed in another envelope to be endorsed on outside as to its contents and to be signed across the flap by both the Executors and by the said Rupert Sent Leger.
“‘(Signed) Roger Melton 1/6/’06.
“The letter marked ‘C,’ directed to ‘Edward Bingham Trent,’ is thus endorsed:
“‘This letter directed to Edward Bingham Trent is to be kept by him unopened for a term of two years after the reading of my Last Will unless said period is earlier terminated by either the acceptance or refusal of Rupert Sent Leger to accept the conditions mentioned in my letter to him marked ‘B’ which he is to receive and read in the presence of my Executors at the same meeting as but subsequent to the Reading of the clauses (except those to be ultimately numbers ten and eleven) of my Last Will. This letter contains instructions as to what both the Executors and the said Rupert Sent Leger are to do when such acceptance or refusal of the said Rupert Sent Leger has been made known, or if he omit or refuse to make any such acceptance or refusal, at the end of two years next after my decease.
“‘(Signed) Roger Melton 1/6/’06.’”
When the attorney had finished reading the last letter he put it carefully in his pocket. Then he took the other letter in his hand, and stood up. “Mr. Rupert Sent Leger,” he said, “please to open this letter, and in such a way that all present may see that the memorandum at top of the contents is given as —
“‘B. To be read as clause ten of my Will.’”
St. Leger rolled up his sleeves and cuffs just as if he was going to perform some sort of prestidigitation — it was very theatrical and ridiculous — then, his wrists being quite bare, he opened the envelope and took out the letter. We all saw it quite well. It was folded with the first page outward, and on the top was written a line just as the attorney said. In obedience to a request from the attorney, he laid both letter and envelope on the table in front of him. The clerk then rose up, and, after handing a piece of paper to the attorney, went back to his seat. Mr. Trent, having written something on the paper, asked us all who were present, even the clerk and the shorthand man, to look at the memorandum on the letter and what was written on the envelope, and to sign the paper, which ran:
“We the signatories of this paper hereby declare that we have seen the sealed letter marked B and enclosed in the Will of Roger Melton opened in the presence of us all including Mr. Edward Bingham Trent and Sir Colin Alexander MacKelpie and we declare that the paper therein contained was headed ‘B. To be read as clause ten of my Will’ and that there were no other contents in the envelope. In attestation of which we in the presence of each other append our signatures.”
The attorney motioned to my father to begin. Father is a cautious man, and he asked for a magnifying-glass, which was shortly brought to him by a clerk for whom the clerk in the room called. Father examined the envelope all over very carefully, and also the memorandum at top of the paper. Then, without a word, he signed the paper. Father is a just man. Then we all signed. The attorney folded the paper and put it in an envelope. Before closing it he passed it round, and we all saw that it had not been tampered with. Father took it out and read it, and then put it back. Then the attorney asked us all to sign it across the flap, which we did. Then he put the sealing-wax on it and asked father to seal it with his own seal. He did so. Then he and MacKelpie sealed it also with their own seals, Then he put it in another envelope, which he sealed himself, and he and MacKelpie signed it across the flap.
Then father stood up, and so did I. So did the two men — the clerk and the shorthand writer. Father did not say a word till we got out into the street. We walked along, and presently we passed an open gate into the fields. He turned back, saying to me:
“Come in here. There is no one about, and we can be quiet. I want to speak to you.” When we sat down on a seat with none other near it, father said:
“You are a student of the law. What does all that mean?” I thought it a good occasion for an epigram, so I said one word:
“Bilk!”
“H’m!” said father; “that is so far as you and I are concerned. You with a beggarly ten thousand, and I with twenty. But what is, or will be, the effect of those secret trusts?”
“Oh, that,” I said, “will, I dare say, be all right. Uncle Roger evidently did not intend the older generation to benefit too much by his death. But he only gave Rupert St. Leger one thousand pounds, whilst he gave me ten. That looks as if he had more regard for the direct line. Of course — ” Father interrupted me:
“But what was the meaning of a further sum?”
“I don’t know, father. There was evidently some condition which he was to fulfil; but he evidently didn’t expect that he would. Why, otherwise, did he leave a second trust to Mr. Trent?”
“True!” said father. Then he went on: “I wonder why he left those enormous sums to Trent and old MacKelpie. They seem out of all proportion as executors’ fees, unless — ”
“Unless what, father?”
“Unless the fortune he has left is an enormous one. That is why I asked.”
“And that,” I laughed, “is why he refused to answer.”
“Why, Ernest, it must run into big figures.”
“Right-ho, father. The death-duties will be annoying. What a beastly swindle the death-duties are! Why, I shall suffer even on your own little estate . . . ”
“That will do!” he said curtly. Father is so ridiculously touchy. One would think he expects to live for ever. Presently he spoke again:
“I wonder what are the conditions of that trust. They are as important — almost — as the amount of the bequest — whatever it is. By the way, there seems to be no mention in the will
of a residuary legatee. Ernest, my boy, we may have to fight over that.”
“How do you make that out, father?” I asked. He had been very rude over the matter of the death-duties of his own estate, though it is entailed and I must inherit. So I determined to let him see that I know a good deal more than he does — of law, at any rate. “I fear that when we come to look into it closely that dog won’t fight. In the first place, that may be all arranged in the letter to St. Leger, which is a part of the Will. And if that letter should be inoperative by his refusal of the conditions (whatever they may be), then the letter to the attorney begins to work. What it is we don’t know, and perhaps even he doesn’t — I looked at it as well as I could — and we law men are trained to observation. But even if the instructions mentioned as being in Letter C fail, then the corpus of the Will gives full power to Trent to act just as he darn pleases. He can give the whole thing to himself if he likes, and no one can say a word. In fact, he is himself the final court of appeal.”
“H’m!” said father to himself. “It is a queer kind of will, I take it, that can override the Court of Chancery. We shall perhaps have to try it before we are done with this!” With that he rose, and we walked home together — without saying another word.
My mother was very inquisitive about the whole thing — women always are. Father and I between us told her all it was necessary for her to know. I think we were both afraid that, woman-like, she would make trouble for us by saying or doing something injudicious. Indeed, she manifested such hostility towards Rupert St. Leger that it is quite on the cards that she may try to injure him in some way. So when father said that he would have to go out shortly again, as he wished to consult his solicitor, I jumped up and said I would go with him, as I, too, should take advice as to how I stood in the matter.
The Contents of Letter marked “B” attached as an Integral Part to the Last Will of Roger Melton.
June 11, 1907.
“This letter an integral part of my Last Will regards the entire residue of my estate beyond the specific bequests made in the body of my Will. It is to appoint as Residuary Legatee of such Will — in case he may accept in due form the Conditions herein laid down — my dear Nephew Rupert Sent Leger only son of my sister Patience Melton now deceased by her marriage with Captain Rupert Sent Leger also now deceased. On his acceptance of the Conditions and the fulfilment of the first of them the Entire residue of my estate after payments of all specific Legacies and of all my debts and other obligations is to become his absolute property to be dealt with or disposed of as he may desire. The following are the conditions.
“1. He is to accept provisionally by letter addressed to my Executors a sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes or other imposts. This he will hold for a period of six months from the date of the Reading of my Last Will and have user of the accruements thereto calculated at the rate of ten per centum per annum which amount he shall under no circumstances be required to replace. At the end of said six months he must express in writing directed to the Executors of my Will his acceptance or refusal of the other conditions herein to follow. But if he may so choose he shall be free to declare in writing to the Executors within one week from the time of the Reading of the Will his wish to accept or to withdraw altogether from the responsibility of this Trust. In case of withdrawal he is to retain absolutely and for his own use the above-mentioned sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes and imposts whatsoever making with the specific bequest of one thousand pounds a clear sum of one million pounds sterling free of all imposts. And he will from the moment of the delivery of such written withdrawal cease to have any right or interest whatsoever in the further disposition of my estate under this instrument. Should such written withdrawal be received by my Executors they shall have possession of such residue of my estate as shall remain after the payment of the above sum of nine hundred and ninety-nine thousand pounds sterling and the payment of all Duties Taxes assessments or Imposts as may be entailed by law by its conveyance to the said Rupert Sent Leger and these my Executors shall hold the same for the further disposal of it according to the instructions given in the letter marked C and which is also an integral part of my Last Will and Testament.
“2. If at or before the expiration of the six months above-mentioned the said Rupert Sent Leger shall have accepted the further conditions herein stated, he is to have user of the entire income produced by such residue of my estate the said income being paid to him Quarterly on the usual Quarter Days by the aforesaid Executors to wit Major General Sir Colin Alexander MacKelpie Bart. and Edward Bingham Trent to be used by him in accordance with the terms and conditions hereinafter mentioned.
“3. The said Rupert Sent Leger is to reside for a period of at least six months to begin not later than three months from the reading of my Will in the Castle of Vissarion in the Land of the Blue Mountains. And if he fulfil the Conditions imposed on him and shall thereby become possessed of the residue of my estate he is to continue to reside there in part for a period of one year. He is not to change his British Nationality except by a formal consent of the Privy Council of Great Britain.
“At the end of a year and a half from the Reading of my Will he is to report in person to my Executors of the expenditure of amounts paid or due by him in the carrying out of the Trust and if they are satisfied that same are in general accord with the conditions named in above-mentioned letter marked C and which is an integral part of my Will they are to record their approval on such Will which can then go for final Probate and Taxation. On the Completion of which the said Rupert Sent Leger shall become possessed absolutely and without further act or need of the entire residue of my estate. In witness whereof, etc.
“(Signed) Roger Melton.”
This document is attested by the witnesses to the Will on the same date.
(Personal and Confidential.)
Memoranda made by Edward Bingham Trent in Connection with the Will of Roger Melton.
January 3, 1907.
The interests and issues of all concerned in the Will and estate of the late Roger Melton of Openshaw Grange are so vast that in case any litigation should take place regarding the same, I, as the solicitor, having the carriage of the testator’s wishes, think it well to make certain memoranda of events, conversations, etc., not covered by documentary evidence. I make the first memorandum immediately after the event, whilst every detail of act and conversation is still fresh in my mind. I shall also try to make such comments thereon as may serve to refresh my memory hereafter, and which in case of my death may perhaps afford as opinions contemporaneously recorded some guiding light to other or others who may later on have to continue and complete the tasks entrusted to me.
I.
Concerning the Reading of the Will of Roger Melton.
When, beginning at 11 o’clock a.m. on this the forenoon of Thursday, the 3rd day of January, 1907, I opened the Will and read it in full, except the clauses contained in the letters marked “B” and “C”; there were present in addition to myself, the following:
1. Ernest Halbard Melton, J.P, nephew of the testator.
2. Ernest Roger Halbard Melton, son of the above.
3. Rupert Sent Leger, nephew of the testator.
4. Major-General Sir Colin Alexander MacKelpie, Bart., co-executor with myself of the Will.
5. Andrew Rossiter, my clerk, one of the witnesses of the testator’s Will.
6. Alfred Nugent, stenographer (of Messrs. Castle’s office, 21, Bream’s Buildings, W.C.).
When the Will had been read, Mr. E. H. Melton asked the value of the estate left by the testator, which query I did not feel empowered or otherwise able to answer; and a further query, as to why those present were not shown the secret clauses of the Will. I answered by reading the instructions endorsed on the envelopes of the two letters marked “B” and “C,” which were sufficiently explanatory.
But, lest any question should
hereafter arise as to the fact that the memoranda in letters marked “B” and “C,” which were to be read as clauses 10 and 11 of the Will, I caused Rupert Sent Leger to open the envelope marked “B” in the presence of all in the room. These all signed a paper which I had already prepared, to the effect that they had seen the envelope opened, and that the memorandum marked “B. To be read as clause ten of my Will,” was contained in the envelope, of which it was to be the sole contents. Mr. Ernest Halbard Melton, J.P., before signing, carefully examined with a magnifying-glass, for which he had asked, both the envelope and the heading of the memorandum enclosed in the letter. He was about to turn the folded paper which was lying on the table over, by which he might have been able to read the matter of the memorandum had he so desired. I at once advised him that the memorandum he was to sign dealt only with the heading of the page, and not with the matter. He looked very angry, but said nothing, and after a second scrutiny signed. I put the memorandum in an envelope, which we all signed across the flap. Before signing, Mr Ernest Halbard Melton took out the paper and verified it. I then asked him to close it, which he did, and when the sealing-wax was on it he sealed it with his own seal. Sir Colin A. MacKelpie and I also appended our own seals. I put the envelope in another, which I sealed with my own seal, and my co-executor and I signed it across the flap and added the date. I took charge of this. When the others present had taken their departure, my co-executor and I, together with Mr. Rupert Sent Leger, who had remained at my request, went into my private room.
Here Mr. Rupert Sent Leger read the memorandum marked “B,” which is to be read as clause 10 of the Will. He is evidently a man of considerable nerve, for his face was quite impassive as he read the document, which conveyed to him (subject to the conditions laid down) a fortune which has no equal in amount in Europe, even, so far as I know, amongst the crowned heads. When he had read it over a second time he stood up and said: