Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1889-11-09

markable NATURE, and I cannot at the mo
ment lay my hand upon any authority
bearing on the p~oint-if, indeed. any such
are TO be found. But / speak of-hand,
and must not be held TOO closely 70 the
ObttcT dtctun Of q UfUa UOce opinion. II
seems 20 me that, Notwithstanding its Dc
culiar idiosyDcrasies, and the various
cruces that II presents, it VIII, upon
closer examination, be found 70 fall with
in those general laws that govern the LEGAL
course Of te~stamentary disposition. II I
remember aright-I speak of-haud-tha
Act Of Vic, cap. 26, specifies that q VII
shall be in writing, and tatt0oing nay.
fairly be defined as a rude variety Of writ
ing. IL is, I admit, usual that writing
Should be done On paper or GA parchment,
but have no doubt that bhs young la5y's
skin, If carefully removed and dried, would
make excellent parchment. At present,
therefore, it is parchment ia It's green
stage, and perfectly available for writing
purpose.
ITO continue. 1t appears-I am taking
Mr.. Nelson's statement al being perfectly
aceurate-that the wiz was properly and
duly executed by the testAtor, OF rather by
the person who ta1oosd n his presence
and ~ his command: a form Of signature
which Is very web covered by the section
OF the Act Of l Vic, esp. -. It seems, to,
that the witnesses attosts1 in tao presence
Of each other and Of the teS-ster. II is
true that there was n a5test&zsR clause.
but the supposed necessity for an attcssa-
ton clause i one OF those fsliaczs OF the
lay mind which, perhaps. cluster wore fire.
sueHtly and with = grostar perststsoca
round questions connected with STAN
tary disposition Than those Of any other
branch Of the Law. Therefore,, we must
a Che win TO have been properly exc
cuted in accordance with the spirit Of the
statute.
And o we come to what at present
strikes me as the crux. The win is IN
dstcd. Does that inyalidats it, I answer
wita confidence, no. And mark: evidence
that Of Lady Hol1ahurst-e&a DO pro-
duced that this VIII did not exist upoR the
back Of ALHs Augusta Sm!thsrs previous
20 Dec. -, on which day sac Kangaroo
sank; and evidence can also be produced
that Of Mrs. ThOn'as-thRt is did exist "a
Christmas Day. whom Miss Smithers was
rescued. Ii Is. therefore, clear that it aust
have got upoa her back betwo&n Dec. 10
and Dec. %"
"Qaite so, Old fellow" sAd Eustace,
much impressed at this corruacatioH Of lA-
gal lore. "Bvideably ysu ara the rsn 10
tackle the case. But, / say, ~hat Is to be
dose next, Ysu see. I'm afraid it - too
lsse. Probate has Issued, whatever that
may mean"
Probate has issuedr' echoed the great
James, struggling with his riEsg son-
tempt; "aad is yhe Law 70 hsiplsas that
pre5ste which has been alls-s cd 70 ssae
under az erronsonG Appreciation Of tho
facts csnaOt be recalled ksN certainly
rot! So soon rs the preliminary formal
ties are concluded, . writ nase be isssed
TO revoke the probate, hsd claiming tAat
the Court should r~ronounes IN fAvsr Of
the later win: or, stay, there Ia NO sxocu-
tor-the-e is 10 eIeeutori-s very I'm
portaRt point, claiming . grant Of letters
Of administration with ths viii annexed.
/ think hat viii bs the bcttsr course"
But how s2s you annex Aiss szithsrs
TO . grant Of lstter Of adminissration,"
whatever that nay meant" said Eustace,
fe<sly.
That reminds me- said James, disre-
garding the question and addressing his
brother, you must at once ale Ass
smithers in the registry. and sse to the
preparation Of the usual afidsvis 81
scripts."
Certainly, certainly" said John. IS
though this were the nsst simpls buxinsss
in the world.
"what,- raspsd Egsssoe, a. q visisa OF
Augus.s irnTslsA upon an enormous bill
guard reese before his eyes. "Ysu caat ala
O lady; IT'S impossible
'ImpssGbk or net, 1t must DO done be-
fore any further steps are tGkea. Lot ma
see; l believe tkAs Dr.. Probate is the ALL
ting Register at SomSset HAnKs this att
tngs. 1t would be well IL ysu nads an
appointment for tomorrow"
Yea" said JEAN.
We'll" went en- James, AZ think that Ia
all for the present. Yen will Of course.
let ne have the instructions axd stk@ pa
pers with AL possible speed. Isuppess that
othsr counsel besides myself viii be EfH-
mately retained"
"Ohl that reminds me-" aia Rlssaee,
''about money, you know. don't quite
see how | am song to pay for all this
game. / have go< about ATTY pounds spare
cash in the werld. aad hats all; aRd I
know enough 70 b aware that ATTY pounds
do not 60 Ear in a lawsuit"
Blankly James lsoksd at Jsha sAd john
al James This wa very tryiAg.
Fifty pounds viii e q gosd way In
o~ut-of-pocket fees" suggested James n
length, rubbing his bald head with his
handkerchief.
Possibly answered john. psstishly;
'Fbat how about the remuneration Of the
plaintiffs legal advisersi Can't YOU
addressing Eustacs-"manage 20 get the
money from somsonet"
We'll" said Exstace, there's Lady
Holmhurst. Perhaps IL / oEercs 10 share
the spol with Ter. IL there was aa7-"
Dear me. no." sAd John, ''thss would
be .maintsnanosL'"
Certainly ns<." chimsA IN Jsass. held
ing NJ his haSd Ia dismay. Akess clearly
IL would ss 'ehsmperty:' aud did II come
70 the knowledge n tbs Court, Nobody can
say whA: Hight Aot Aappsa."
"Indeedp' answered EnstAes wi<n . sigh,
81 don't suits know what ysu nsAa sus I
seem 70 have said something very wrsag-
The odds IN Q handicap are shilG's pay
to understAnd beside Mis- law he Ai&ed.
sadly.
1T 10 osvious, JansA" sid JsAa, 'tAat
putting aads ethsr nassssrs. tAis wSs0
prove. independent Of pssuaiAry reward.
. NEST intervening oass fer ySs 10 ~
duxt"