Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1888-12-20

what Wlny-and Where Is 1t?''
''Well, it's Will in my favor, and it is
tattooed on a lady's back"
The twins simultaneously rose from
their chairs, and looked at Eustace with
such a ridiculous identity of movement
and expression that he fairly burst out
| laughing.
II presume, Meeson. that this is not a
hoax, said James, severely. Il presume
that you know too well what is due to
learned counsel to attempt to make one
of their body the victim of practical
| joke?n
''Surely, Meeson,' added John, syou
have sufficient respect for the dignity of
the law not to tamper with it in any such
way as my brother has indicated?"
'Oh, certainly not. assure you it is all
square. 1t is true bill, or rather a true
will"
Proceed" said James, resuming his
seat. This is evidently case of an IN
usual nature"
you are right there, old boy" said Eus-
tace. "And now, just listen" and he pro-
coded to unfold his moving tale with much
point and emphasis.
When he had finished, John looked at
James rather helplessly. The case was
beyond him. But James was equal to the
occasion. He had mastered that first
great axiom which every young barrister
should lay to heart-"Never appear to be
ignorant"
''This case" he said, ''as though he were
giving judgment, sis doubtless of a re-
markable nature, and l cannot at the mo-
ment lay my hand upon any authority
bearing on the point-if, indeed, any such
are to be found. But I speak off-hand.
and must not be held too closely to the
obiter dictlun of UiUd UOce opinion. 1t
seems to me that, Notwithstanding its pc
cuhar idiOsyncraSies, and the various
cruces that it presents, it WILL upon
closer examination, be found to fall with
| in those general laws that govern the legal
| course Of testamentary disposition If [
remember aright-I speak off-hand-the
| Act Of l Vic, cap. 26, specifies that viii
shall be in writing, and tattooing may
fairly be defined as rude variety of writ
ing. 1t is, I admit, usual that writing
should be done OH paper or on parchment,
but | have no doubt that the young lady's
skin, If carefully removed and dried, would
make excellent parchment. At present,
therefore, it is parchment in its green
| stage, and perfectly available for writing
purpose
ITO continue 1t appears-I am taking
Mr.. Nelson'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. %. 1t seems, too,
that the witnesses attested in the presence
of each other and of the testator. 1t is
true that there was no atteStatiOn clause;
but the supposed necessity for au attesta-
ton clause is one of those falacies of the
lay mind which, perhaps, cluster more fire.
quently and with a greater persistence
round questions connected with testament
tary disposition than those of any other
branch of the law. Therefore, we must
take the will to have been properly exc
cuted in accordance with the spirit of the
statute.
"And now we come to what at present
strikes me as the crux The will is I'M
dated. Does that invalidate it? l answer
| with confidence, no. And mark: evidence
| that of Lady Holmhurst-can be pro-
duced that this viii did not exist upon the
back of Miss Augusta Smithers previous
| to Dec. 49, 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 at 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 issuedp' echoed the great
James, struggling with his rising con-
! tempt; "and is the law so helpless that
probate which has been allowed to issue
under an erroneous apprehension CT the
facts cannot be recalled? Most certainly
not! So soon as the preliminary formali-
| ties are concluded, a writ must be issued
! to revoke the probate, and claiming that
the Court should pronounce in favor of
| the later WILL or, stay, there is no eXecu-
| tor-there is no eXecutorl-a very i'm
/ portant 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 grant of letters of administration,
| whatever that may mean?" said Eustace,
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 Eustace, as a vision Of
| Augusta impaled upon an enormous bill
guard rose before his eyes. 'You can't file
| lady; it's impossibler'
Impossible or not, it must be done be-
| fore any further steps are taken. Let me
see; Lelieve that Dr. Probate is che sit
/ ting Register at Somersct House this sit
tings. 1t 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 all possible speed. suppose that
other counsel besides myself Will be ulti-
mately retaineds"
| "Ohl that reminds me-" said Eustace,
''about money, you know. 1 don't quite
Scc III" gill 65CihS W pay Luz oil IiiiS
game. 1 have got about fifty pounds spare
cash in the world, and that's all; and 1
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 will go a good way in
out-of-pocket fees" suggested James at
| Length, rubbing his bald head with his
! handkerchief.
EGDorciJ,I1- o1crrorad Tobu pafticbJv.