Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1891-03-21

with pride when for the first time in his
career he saw real solicitor enter his
chambers accompanied by real client.
de would, indeed, have preferred it if the
solicitor had not happened to be his twin
brother, and the client had been some
other than his intimate friend; but still
it was a blessed sight-a very blessed
sight
win you be seated, gentlemen" he
said. with much dignity.
They obeyed.
"And now, Meeson, suppose you have
explained to my brother the matter on
which you require my advice?"
'No, | haven't" said Eustace; 81
thought that might as well explain it to
you both together, eh?"
Hum, said James; ''it is not quite regu-
lar. According to the etiquette of the pro
fessionto which have the honor to belong,
it is not customary that matters should be
so dealt with. 1t is usual that papers
should be presented; but that will over
look, as the point appears to be pressing"
That's right, said Eustace "Well,
l have come about a will"
$50 | understood" said James; ''but
what will, and where is it,"
"Well, it's will in my favor, and it is
tattooed on ladys back"
The twins simultaneously rose from
their chairs and looked at Eustace with
such ridiculous identity of movement
and expression that he fairly burst out
laughing.
Il presume, Meeson, that this is not
hoax, said James, severely. II presume
that you know too well what is due to
10
OF their body the victim of practical
joker"
Surely, Meeson," added John, you
have sufficient respect for the dignity Of
the law not to tamper with it in any such
way as my brother has indicated?'
ooh, 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 a case of an I'M
usual nature"
you are right there, old boy" said
Eustace. "And now, just listen" and he
proceeded 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
SSStSAAOAA'
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, lis 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 l speak off hand,
and must not be held too closely to the
obiter dictum of viva voce opinion. It
seems to me that, notwithstanding its pc
! culiar idiosyncrasies, and the various
cruces that it presents, it will, upon
closer examination, be found to fall within
those general laws that govern the legal
course of testamentary disposition. If l
I remember aright-I speak off hand-the
Act Of 1 Vic, cap. 26, specifies that a will
shall be in writing, and tattooing may
fairly be defined as a rude variety Of
writing. 1t is, | admit, usual that writ
ing should be done on paper or 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 purposes. To continue. It ap-
pears-l am taking Mr.. Nelson's state
ments 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; form Of signature which is
very well covered by the section of the
Act of Vic, cap 26. 1t seems, too, that
the witnesses attested in the presence of
each other and of the testator It is
true that there was no attestation clause
but the supposed necessity for an attesta-
ton clause is one of those fallacies of the
lay mind which, perhaps, cluster more
frequently and with q greater persistence
round questions connected with tesla
mentary disposition than those of any
other branch of the law Therefore, we
must take the will to have been properly
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:
evidence-that of Lady Holmhurst-can
be produced that this will did not exist
upon the back of Miss Augusta Smithers
previously to Dec. 10, on which day the
Kangaroo sunk; 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. %"
"Quite so, old fellow" said Eushce,
much impressed at this corruscation of
legal lore. Evidently you are the man
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 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 recalled? Most certainly
notl So soon as the preliminary formal
tiles are concluded, q 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 ex-
ecutor-there is no executor!-a very i'm
portant point claiming a grant Of letters
of administration with the will annexed.
think that will be the better course"
'FBut how can you annex Miss Smithers
to grant of letters of administration
whatever that may meant" said Eustace,
feebly.
THAT reminds me-" said James, disre-
garding the question and addressing mis-
brother, you must at once file Miss
Smithers in the registry, and see to the
preparation of the usual afidavits Of
scripts"
Certainly, certainly" said John, as
though this were themost simple business
in the world.
WHAT" gasped Eustace as vision of
Augusta iI1paled upon an enormous bill
guard rose before his eyes. You can't
file 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
tinr rnristrar at Somerset Hnusa this