Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1888-12-14

cuted IN accordance with the spirit OIL tne
statute.
And now we come TO what at present
strikes me as the CruN. The viii Is IN
dated. Does that inyalidate it? | answer
with confidence, no. And mark: evidence
that Of Lady Holmhurst-can be pro-
duced that this will did not exist upon the
back Of Miss Augusta Smithers previous
to Dec. 10, 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. 1t is, therefore. clear that it must
have got upon her back between Dec. 10
and Dec. 25."
Quite so, old fellow said Eustace,
much impressed ut this corruscation of le-
gal lore. Evidently you are the men to
tackle the case. But, | say, what is to be
done next: You see, I'm afraid it is too
late. Probate has issued, whatever that
may mean"
probate has issuedr' 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 recalled Most certainly
not! So soon as the preliminary fornali-
Ties are CODCluutu; IL VIII NC 1SSSitN
to revoke the probate, and claiming that
the Court should pronounce in favor of
the later viii; or, stay, there is no sxecu-
tOr-therc is 10 eXecutOr!-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 SmitherS
to q grant Of letters of administration, :"
~
feebly.
THAT reminds me-" said James, diSre-
garding 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 Eustacs, as vision of
Augusta impaled upon an enormous bill
guard rose before his eyes. you can't file
u lady; it's impossible"'
impossible or not, it must be done be-
fore any further steps are taken. Let me
see; believe that DR.. Probate is the sit
ting Register at Somerset House this sit
tings It would be well if you made an
appointment for tomorrow"
Yes" said John.
Well" went on James, 81 think that is
all for the present. You will, of course,
let me have the instructions and other pa
pers with Impossible speed. suppose that
other counsel besides myself will be ulti-
mately retained:'
"Oh. that reminds me-" said EustaCe,
''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's all; and l
know enough to be aware that fifty pounds
do not go far in a lawsuit"
Blankly James looked at John and John
at James. This was very trying.
Fifty pounds viii go n good way in
out-of-pooket fees" suggested James at
Ieng.l, rubbing his bald head with his
handkerchief.
possibly" answered John, pettishly;
"but how about the remuneration of the
plaintiffs legal advisers? Can't YOU
addressing Eustace- manage 20 get the
money from someone"
well" said Etlstace. there's Lady
Holnhurst. Perhaps if I offered to share
the spoil with her, If there was any"
Dear me, no." said John, that would
Ice maintenance "
Certainly not" chimcd in James, hold
ing up his hand in dismay. Most clearly
it would be champarty:' and did it come
to the knowledge of the Court, nobody can
say what might not happen.'
'indeedr' answered Eustace with a sigh,
81 don't quite know what you mean, but
seem to have said something very wrong.
The odds on handicap are child's play
to understand beside this law" he added,
sadly
at is obvious, Jar,es," said John, chat
putting aside other matters, this would
prove, independent of pccuniary reward,
most interesting case for you to con-
duct"
THAT is 50, john" replied james; ''but
rs you must be we'll aware, the etiquette
of my profession viii not allow me to CON
duct a case for nothing. Upon that point,
above all others, etiquette rules us with q
rod of iron. The stomach OF the Bar, col
lectiyc and individual, is revolted and
sCandalizcd at the idea of one of its mem.
bers doing anything for nothing"
Yes, put in Eustace, Il have always
understood that they were regular nail
crS."
"Quite so, my dear James-quite so"
said John, with a sweet smile "A fee
must be marked upon the brief of learned
counsel, and that fee must be paid to him,
together with many other smaller fees; for
learned counsel is like the cigarette boxes
and ncw-fashioned weighing machines at
the stations: ne does not work unless YOU
drop something down him. But there is
nothing to prevent learned counsel from
returning that fee, and all the little fees
Indeed, James, You will see that this prac-
tlcc Is common among the most eminent
of your profession, when, for instance,
they require an advertisement or wish to
pay delicate compliment to constituent
Cy. What do they do then? They wait
till they find $500 marked upon a brief
and then resign their fee. Why should
you not do the same in this case, in your
own interest? OF course, if we win the
cause the other side or the estate will pay
the costs; and if we lose, you will at least
have had the advantage, the priceless ad-
vantage of a unique advertisement"
Very well, John; let it be 500 said
James, with magranimity. "Your checks
for fees will be duly returned; but it must
be understood that they are to be present
ed
Not at the bank" said John. hastily.
81 have recently had to oblige Il client"
he added by way of explanation TO Eus-
taCe, ''aud my balance is rather low"
NO said James; Il quite understand
l was going to say are to be presented to
my clerk"
And with this solemn farce, the confer
ence came to an end.
CHAPTER XvII.-HOW AUGUSTA WAS FILED.
That very afternoon Eustace returned
to Lady Holmhurst's house in Hanover
square, to tell his dear Augusta that she
must attend on the following morning to
be filed in the Registry at Somerset House
As1nay be imagined, though willing to 90
any reasonable length to oblige her new
found lover. Augusta not unuaturally re-