"2. That my body shall be deposited with those of my ancestors in the churchyard appertaining to the church and parish of St. George the Martyr or if that shall not be possible in some other churchyard cemetery burial ground church or chapel or other authorized place for the reception of the bodies of the dead situate within or appertaining to the parishes of St. Andrew above the Bars and St. George the Martyr or St. George Bloomsbury and St. Giles in the Fields. But if the conditions in this clause be not carried out then

"3. I give and devise the said residue of my estate and effects unto my cousin George Hurst aforesaid and I hereby revoke all wills and codicils made by me at any time heretofore and I appoint Arthur Jellicoe aforesaid to be the executor of this my will jointly with the princ.i.p.al beneficiary and residuary legatee that is to say with the aforesaid G.o.dfrey Bellingham if the conditions set forth hereinbefore in clause 2 shall be duly carried out but with the aforesaid George Hurst if the said conditions in the said clause 2 be not carried out.

"JOHN BELLINGHAM.

"Signed by the said testator John Bellingham in the presence of us present at the same time who at his request and in his presence and in the presence of each other have subscribed our names as witnesses.

"Frederick Wilton, 16 Medford Road, London, N., clerk.

"James Barber, 32 Wadbury Crescent, London, S.W., clerk."

"Well," said Jervis, laying down the doc.u.ment as Thornd.y.k.e detached the last sheet from his writing-pad, "I have met with a good many idiotic wills, but this one can give them all points. I don't see how it is ever going to be administered. One of the two executors is a mere abstraction--a sort of algebraical problem with no answer."

"I think that difficulty could be overcome," said Thornd.y.k.e.

"I don't see how," retorted Jervis. "If the body is deposited in a certain place, A is executor; if it is somewhere else, B is the executor. But as you cannot produce the body, and no one has the least idea where it is, it is impossible to prove either that it is or that it is not in any specified place."

"You are magnifying the difficulty, Jervis," said Thornd.y.k.e. "The body may, of course, be anywhere in the entire world, but the place where it is lying is either inside or outside the general boundary of those two parishes. If it has been deposited within the boundary of those two parishes, the fact must be ascertainable by examining the burial certificates issued since the date when the missing man was last seen alive and by consulting the registers of those specified places of burial. I think that if no record can be found of any such interment within the boundary of those two parishes, that fact will be taken by the Court as proof that no such interment has taken place, and that therefore the body must have been deposited somewhere else. Such a decision would const.i.tute George Hurst the co-executor and residuary legatee."

"That is cheerful for your friends, Berkeley," Jervis remarked, "for we may take it as pretty certain that the body has not been deposited in any of the places named."

"Yes," I agreed gloomily, "I'm afraid there is very little doubt of that. But what an a.s.s that fellow must have been to make such a to-do about his beastly carca.s.s! What the deuce could it have mattered to him where it was dumped, when he had done with it?"

Thornd.y.k.e chuckled softly. "Thus the irreverent youth of to-day," said he. "But yours is hardly a fair comment, Berkeley. Our training makes us materialists, and puts us a little out of sympathy with those in whom primitive beliefs and emotions survive. A worthy priest who came to look at our dissecting-room expressed surprise to me that the students, thus constantly in the presence of relics of mortality, should be able to think of anything but the resurrection and the life hereafter. He was a bad psychologist. There is nothing so dead as a dissecting-room 'subject'; and the contemplation of the human body in the process of being quietly taken to pieces--being resolved into its structural units like a worn-out clock or an old engine in the sc.r.a.pper's yard--is certainly not conducive to a vivid realization of the doctrine of the resurrection."

"No; but this absurd anxiety to be buried in some particular place has nothing to do with religious belief; it is merely silly sentiment."

"It is sentiment, I admit," said Thornd.y.k.e, "but I wouldn't call it silly. The feeling is so widespread in time and s.p.a.ce that we must look on it with respect as something inherent in human nature.

Think--as doubtless John Bellingham did--of the ancient Egyptians, whose chief aspiration was that of everlasting repose for the dead.

See the trouble they took to achieve it. Think of the great Pyramid, or that of Amenhotep the Fourth with its labyrinth of false pa.s.sages and its sealed and hidden sepulchral chambers. Think of Jacob, borne after death all those hundreds of weary miles in order that he might sleep with his fathers and then remember Shakespeare and his solemn adjuration to posterity to let him rest undisturbed in his grave. No, Berkeley, it is not a silly sentiment. I am as indifferent as you as to what becomes of my body 'when I have done with it,' to use your irreverent phrase; but I recognize the solicitude that some other men display on the subject as a natural feeling that has to be taken seriously."

"But even so," I said, "if this man had a hankering for a freehold residence in some particular bone-yard, he might have gone about the business in a more reasonable way."

"There I am entirely with you," Thornd.y.k.e replied. "It is the absurd way in which this provision is worded that not only creates all the trouble but also makes the whole doc.u.ment so curiously significant in view of the testator's disappearance."

"How significant?" Jervis demanded eagerly.

"Let us consider the provisions of the will point by point," said Thornd.y.k.e; "and first note that the testator commanded the services of a very capable lawyer."

"But Mr. Jellicoe disapproved of the will," said I; "in fact, he protested strongly against the form of it."

"We will bear that in mind too," Thornd.y.k.e replied. "And now with reference to what we may call the contentious clauses: the first thing that strikes us is their preposterous injustice. G.o.dfrey's inheritance is made conditional on a particular disposal of the testator's body.

But this is a matter not necessarily under G.o.dfrey's control. The testator might have been lost at sea, or killed in a fire or explosion, or have died abroad and been buried where his grave could not have been identified. There are numerous probable contingencies besides the improbable one that has happened that might prevent the body from being recovered.

"But even if the body had been recovered, there is another difficulty.

The places of burial in the parishes have all been closed for many years. It would be impossible to reopen any of them without a special faculty, and I doubt whether such a faculty would be granted. Possibly cremation might meet the difficulty, but even that is doubtful; and, in any case, the matter would not be in the control of G.o.dfrey Bellingham.

Yet, if the required interment should prove impossible, he is to be deprived of his legacy."

"It is a monstrous and absurd injustice," I exclaimed.

"It is," Thornd.y.k.e agreed; "but this is nothing to the absurdity that comes to light when we consider clauses two and three in detail.

Observe that the testator presumably wished to be buried in a certain place; also he wished his brother should benefit under the will. Let us take the first point and see how he has set about securing the accomplishment of what he desired. Now if we read clauses two and three carefully, we shall see that he has rendered it virtually impossible that his wishes can be carried out. He desires to be buried in a certain place and makes G.o.dfrey responsible for his being so buried. But he gives G.o.dfrey no power or authority to carry out the provision, and places insuperable obstacles in his way. For until G.o.dfrey is an executor, he has no power or authority to carry out the provision; and until the provisions are carried out, he does not become an executor."

"It is a preposterous muddle," exclaimed Jervis.

"Yes, but that is not the worst of it," Thornd.y.k.e continued. "The moment John Bellingham dies, his dead body has come into existence; and it is 'deposited,' for the time being, wherever he happens to have died. But unless he should happen to have died in one of the places of burial mentioned--which is in the highest degree unlikely--his body will be, for the time being, 'deposited' in some place other than those specified. In that case clause two is--for the time being--not complied with, and consequently George Hurst becomes, automatically, the co-executor.

"But will George Hurst carry out the provisions of clause two?

Probably not. Why should he? The will contains no instructions to that effect. It throws the whole duty on G.o.dfrey. On the other hand, if he should carry out clause two, what happens? He ceases to be an executor and he loses some seventy thousand pounds. We may be pretty certain that he will do nothing of the kind. So that, on considering the two clauses, we see that the wishes of the testator could only be carried out in the unlikely event of his dying in one of the burial-places mentioned, or his body being conveyed immediately after death to a public mortuary in one of the said parishes. In any other event, it is virtually certain that he will be buried in some place other than that which he desired, and that his brother will be left absolutely without provision or recognition."

"John Bellingham could never have intended that," I said.

"Clearly not," agreed Thornd.y.k.e; "the provisions of the will furnish internal evidence that he did not. You note that he bequeathed five thousand pounds to George Hurst, in the event of clause two being carried out; but he has made no bequest to his brother in the event of its not being carried out. Obviously, he had not entertained the possibility of this contingency at all. He a.s.sumed, as a matter of course, that the conditions of clause two would be fulfilled, and regarded the conditions themselves as a mere formality."

"But," Jervis objected, "Jellicoe must have seen the danger of a miscarriage and pointed it out to his client."

"Exactly," said Thornd.y.k.e. "There is the mystery. We understand that he objected strenuously, and that John Bellingham was obdurate. Now it is perfectly understandable that a man should adhere obstinately to the most stupid and perverse disposition of his property; but that a man should persist in retaining a particular form of words after it has been proved to him that the use of such form will almost certainly result in the defeat of his own wishes; that, I say, is a mystery that calls for very careful consideration."

"If Jellicoe had been an interested party," said Jervis, "one would have suspected him of lying low. But the form of clause two doesn't affect him at all."

"No," said Thornd.y.k.e; "the person who stands to profit by the muddle is George Hurst. But we understand that he was unacquainted with the terms of the will, and there is certainly nothing to suggest that he is in any way responsible for it."

"The practical question is," said I, "what is going to happen? and what can be done for the Bellinghams?"

"The probability is," Thornd.y.k.e replied, "that the next move will be made by Hurst. He is the party immediately interested. He will probably apply to the Court for permission to presume death and administer the will."

"And what will the Court do?"

Thornd.y.k.e smiled dryly. "Now you are asking a very pretty conundrum.

The decisions of Courts depend on idiosyncrasies of temperament that no one can foresee. But one may say that a Court does not lightly grant permission to presume death. There will be a rigorous inquiry--and a decidedly unpleasant one, I suspect--and the evidence will be reviewed by the judge with a strong predisposition to regard the testator as being still alive. On the other hand, the known facts point very distinctly to the probability that he is dead; and, if the will were less complicated and all the parties interested were unanimous in supporting the application, I don't see why it might not be granted.

But it will clearly be to the interest of G.o.dfrey to oppose the application, unless he can show that the conditions of clause two have been complied with--which it is virtually certain he cannot; and he may be able to bring forward reasons for believing John to be still alive.

But even if he is unable to do this, inasmuch as it is pretty clear that he was intended to be the chief beneficiary, his opposition is likely to have considerable weight with the Court."

"Oh, is it?" I exclaimed eagerly. "Then that accounts for a very peculiar proceeding on the part of Hurst. I have stupidly forgotten to tell you about it. He has been trying to come to a private agreement with G.o.dfrey Bellingham."

"Indeed!" said Thornd.y.k.e. "What sort of agreement?"

"His proposal was this: that G.o.dfrey should support him and Jellicoe in an application to the Court for permission to presume death and to administer the will, that if it was successful, Hurst should pay him four hundred pounds a year for life: the arrangement to hold good in all eventualities."

"By which he means?"

"That if the body should be discovered at any future time, so that the conditions of clause two could be carried out, Hurst should still retain the property and continue to pay G.o.dfrey the four hundred a year for life."

"Hey, ho!" exclaimed Thornd.y.k.e; "that is a queer proposal; a very queer proposal indeed."

"Not to say fishy," added Jervis. "I don't fancy the Court would look with approval on that little arrangement."

"The law does not look with much favor on any little arrangements that aim at getting behind the provisions of a will," Thornd.y.k.e replied; "though there would be nothing to complain of in this proposal if it were not for the reference to 'all eventualities.' If a will is hopelessly impracticable, it is not unreasonable or improper for the various beneficiaries to make such private arrangements among themselves as may seem necessary to avoid useless litigation and delay in administering the will. If, for instance, Hurst had proposed to pay four hundred a year to G.o.dfrey so long as the body remained undiscovered on condition that, in the event of its discovery, G.o.dfrey should pay him a like sum for life, there would have been nothing to comment upon. It would have been an ordinary sporting chance. But the reference to 'all eventualities' is an entirely different matter. Of course, it may be mere greediness, but all the same it suggests some very curious reflections."