Year: 1874

FROM AN OLD LAWYERS DIARY.


I do not remember case in which 1 ever
succeeded so unexpectedly, and, l might add,
by the use of such very simple means, as in
the celebrated Shelmire Will Case The
principal credit of this success was not due to
me, however, but to a young man, almost
boy, who was at the time clerk in my office.
He was admitted to the bar soon after, and
has now got fourishing practice. His name
was William Wayman.


Jacob Shelmire, whose will was in contro-
yersy, was an old man of eighty and upward,
who had lived many years in the city, doing
small mercantile business. Hewas thrifty
and economical old fellow, and the value of
his estate had grown to about twenty-five
thousand pounds. The old man had lived IN
a humble way, known only by the few with
whom he did business harmless, unimpor-
tant old body, with nothing noticeable about
him except his thrift; and, therefore, his death
was an event which, in such city as this,
was not calculated to attract much attention.
had known old Mr.. Shelmire, merely as
passing acquaintance, for some years; but |
first became aware of his death upon the visit
of young lady, dressed in mourning, to my
Office, to consult me about the estate. She
was pretty, thoug ghtfullooking girl, oftwen-
ty or thereabouts, but an entire stranger to
me- She mentioned her business; and as
was much engaged at the moment with other
clients, asked her to be seated for half an
hour, and told Wayman to find chair. Du-
ring my conversation with the men with whom
was occupied, looked occasionally into the
next room, the door being open, and saw that
nv clerk had, for once, broken through his
habitual reserve and was standing by the
Young girl, talking in a low tone with her.
But then did not know that Will had an
acquaintance with her of some weeks stand
ing, and that the present call was pursuant to
his advice.


At last the office was cleared of all but us
three, and / approached the two young people.


IN ow, Mr.. Wayman," said, 'you have
been talking with this young lady, and have
probably ascertained her business; and as
time is likely to be valuable to US to-day, per-
haps you can tell me what she wishes great
deal quicker than she can."


I shouldn't have ventured to say as much
as that before an elderly lady, who might have
felt called upon to resent my words as an inl-
putation to her garrulty; but 1 could see
that there was not the least danger of that
there.


The young lady smiled, giving me to under
stand that she understood my meaning; and
Will explained that she was the grand.daugh-
ter of the late Mr. Shelmire, and, therefore,
entitled to his estate; and she desired to take
such legal steps as were necessary to secure it.


This, as I have said, was my first intima-
tion of the old mans death and it was also
nv first intimation that he had had any fam
ily. A few moments talk with the girl put
me right about the facts Her name was
Virginia Garvin her mother had been Mr..
Shelmile's only daughter. The old mans
wife died years before, and the daughter, Vir-
ginia's mother, also died, in distant town,
widow, when Virginia was but eightyears old.
Left in poverty, without relatives and almost
without friends, she resolved to seek her grand
father. whom she had never seen, but Of whom
she had often heard her mother speak, She
found him, and he welcomed her warmly to
his home. Virginia knew that he had pur-
chased several adjacent houses very cheaply
and they had increased in value; and she
supposed that he had deposited in the bank,
in his own name, several thousand pounds
In short, the total value of the estate, as af
terward discovered, was rather above than
below twenty-five thousand pounds.


Virginia stated that she did not know OF
another living relative Of the deceased, beside
herself and believed there was none She
said her grandfather had very often told her
that she should have the whole of that when
he died, and that he had given her the same
assurance when he was in his last sickness.





"But was there will p


She said, in answer to this question, that he
had never said word on this subject, and
she was sure he would have mentioned it had
he made one, as he had no secrets from her.
I bade her 90 home and, make careful search
for such an instrument, and return to me
when she had done so.


She was back the same afternoon. She had
searched the house thoroughly, and particu-
larly the little desk where her grandfather
kept his papers, and she brought to me all she
could find in his handwriting There was
nothing more than single book of accounts,
three bills of goods sold, and some unimpor-
tant memoranda about his business, hastily
scrawled upon slips of paper of uneven sizes.
In looking these things over, observed that
the handwriting of the deceased was very &C.
centric in its character The up-strokes of
almost every letter were very heavy, and the
down.stroke light; the writing sometimes
closely followed the line, and again went
above or below it for several inches; its gen.
eral appearance was angular and unfinished,
and the whole struck me at first as an oddity
in the way of chirography.


"Did he always write like this ?" | careless
ly asked the girl.


eyes, sir; always" she replied. And then
told her to accompany me to the proctor 8
Office, where would take the preliminary
steps to secure the estate to her. Virginia,
being under age, could not be appointed ad-
ministrator of Jacob Shelmire's estate; and it
was my purpose to consult with the proctor,
and procure the appointment Of some honest,
trustworthy man who would discharge the
trust with fidelity to the girl, and all others
interested. These latter would be few or
none, as the girl had informed me that her
grandfather never contracted any debts that
she knew of, and that no bills had been sent
to the house since his death some weeks before.


The office of the proctor was approached
by flight of narrow stairs, halfway up which
we met man descending. I noticed nothing
about him, except that he had thick black
beard and moustache, keen eye, and was
dressed in suit of fashionable cut and make,
and sported large glittering watch.chain.
He looked carelessly at u.s. and passed down ;
and Just behind him came another, slim, ell
derly man, whose face seemed familiar to me-.
On reaching the top of the stairs, saw that
NV companion looked after them, and | asked
her if she knew them


uI loo,t Epo,u ho rst - sha ran1ia1 HTho