Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-09-28

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?
| answer with confidence, no. And mark:
evidcncc-that of Lady Holmhurst-can
be produced that this will did not exist
upon the back of Miss Augusta Smithers
previously to Dec. 49, on which day the
Kangaroo sunk; and evidence can also be
| produccd-that of Mrs. Thomas-that it
did exist on Christmas day, when Miss
Smithcrs was rescued. 1t is, therefore.
clear that it must have got upon her back
| between Dec 10 and Dec 25."
Quito so, old fellow" said EusAce,
much impressed at this corruscation of
| legal lore. Evidently you are the man
! to tackle the case But, | say, what is to
| be done ncxtY You see, I'm afraid it is
too late Probate has issued, whatever
! that may mean"
probate has issued" echoed the great
James, struggling with his rising con
tempt; land is the law so helpless that
| probate which has been allowed to issue
under an erroneous apprehension of the
| facts cannot be rccallcdI Most certainly
notl SO soon as the preliminary formal
| tiles are concluded, a writ must be issued
! TO revoke the probate and claiming that
]
| the later will; or, stay, there is no OK
ccutor-thcrc is no cXccutor,-a very i'm
portant point, claiming grant of letters
of administration with the Will annexed
! | think that will be the better course"
But how can you annex Miss Smithcrs
/ to u grant of letters Of Administrations
/ whatever that may mcan?' said Eustace,
fccbly.
"That reminds me-" said james, disre-
garding the question and addressing his
brother, you must at once file Miss
Smithcra in the registry, and see to the
! preparation of the usual aiiiGavts of
SCRIPTS
Certainly, certainly" said John, as
though this were themost simple business
in the world.
"WhotH' gaspcd Eustacc, as q vision Of
Augusta inpalcd upon an enormous bill
| guard "osc before lis eyes. "You can't
file Il lady; it's inipossble.'
"lmpossiblc or not, it must be done Ic-
fore amy further steps arc taken. Let me
see; | believe that Or. Probate is the Sit
ting registrar at Somerset House this
sittngs. 1t would be well ii you made
an appointment for tomorrow
"lcs, said John.
"NclI, went on James, Il think that
!
let me have the instructions and other
papers with all possible speed. | suppose
that other counsel besides myself will be
ultimately rctaincd?'
"Oh, that reminds me- said Eustacc,
'about money, You know | don't quite
see how am going to pay for all this
game. | have got about fifty pounds
spare cash in the world, and that $ all;
and know enough to be aware that fifty
pounds do not go far in lawsuit"
Blanlly james looked at John and John
at James. This was very trying.
Fifty pounds will go Il good way in
out of pocket fees" suggested James at
length, rubbing his bald head with his
handkerchief
"Possibly, answered John, pettishly;
"but how about the remuneration of the
plaintiffs legal adviserE Can't you ''-ad-
dressing manage to get the
money from some oney'
"Wcll,' said Eustace, "there's Lady
IIoln.hurst. Perhaps if offered to share
the spoil with her, if there was any
Dear me, no." said John; THAT would
be maintenance.
"Ccrtainly not l." chimcd in James, hold
ing up his hand in dismay. Most clearly
it would be 'champcrty;' and did it come
to the knowledge of the court nobody can
say what might not happen"
"Iudced," answered Eustace, with a
sigh, Il don't quite know what you mean,
but | seem to have said something very
wrong The odds on handicap are
child play to understand beside this law,
he added, sadly.
tits obvious, James, said John that
putting aside other matters, this would
prove, Independent of pecuniary reward,
int, i,,g-