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that we have seen

the sealed letter marked B and enclosed in the Will of Roger Melton

opened in the presence of us all including Mr. Edward Bingham Trent

and Sir Colin Alexander MacKelpie and we declare that the paper

therein contained was headed ‘B. To be read as clause ten of my

Will’ and that there were no other contents in the envelope. In

attestation of which we in the presence of each other append our

signatures.”

 

The attorney motioned to my father to begin. Father is a cautious

man, and he asked for a magnifying-glass, which was shortly brought

to him by a clerk for whom the clerk in the room called. Father

examined the envelope all over very carefully, and also the

memorandum at top of the paper. Then, without a word, he signed the

paper. Father is a just man. Then we all signed. The attorney

folded the paper and put it in an envelope. Before closing it he

passed it round, and we all saw that it had not been tampered with.

Father took it out and read it, and then put it back. Then the

attorney asked us all to sign it across the flap, which we did. Then

he put the sealing-wax on it and asked father to seal it with his own

seal. He did so. Then he and MacKelpie sealed it also with their

own seals, Then he put it in another envelope, which he sealed

himself, and he and MacKelpie signed it across the flap.

 

Then father stood up, and so did I. So did the two men—the clerk

and the shorthand writer. Father did not say a word till we got out

into the street. We walked along, and presently we passed an open

gate into the fields. He turned back, saying to me:

 

“Come in here. There is no one about, and we can be quiet. I want

to speak to you.” When we sat down on a seat with none other near

it, father said:

 

“You are a student of the law. What does all that mean?” I thought

it a good occasion for an epigram, so I said one word:

 

“Bilk!”

 

“H’m!” said father; “that is so far as you and I are concerned. You

with a beggarly ten thousand, and I with twenty. But what is, or

will be, the effect of those secret trusts?”

 

“Oh, that,” I said, “will, I dare say, be all right. Uncle Roger

evidently did not intend the older generation to benefit too much by

his death. But he only gave Rupert St. Leger one thousand pounds,

whilst he gave me ten. That looks as if he had more regard for the

direct line. Of course—” Father interrupted me:

 

“But what was the meaning of a further sum?”

 

“I don’t know, father. There was evidently some condition which he

was to fulfil; but he evidently didn’t expect that he would. Why,

otherwise, did he leave a second trust to Mr. Trent?”

 

“True!” said father. Then he went on: “I wonder why he left those

enormous sums to Trent and old MacKelpie. They seem out of all

proportion as executors’ fees, unless—”

 

“Unless what, father?”

 

“Unless the fortune he has left is an enormous one. That is why I

asked.”

 

“And that,” I laughed, “is why he refused to answer.”

 

“Why, Ernest, it must run into big figures.”

 

“Right-ho, father. The death-duties will be annoying. What a

beastly swindle the death-duties are! Why, I shall suffer even on

your own little estate … “

 

“That will do!” he said curtly. Father is so ridiculously touchy.

One would think he expects to live for ever. Presently he spoke

again:

 

“I wonder what are the conditions of that trust. They are as

important—almost—as the amount of the bequest—whatever it is. By

the way, there seems to be no mention in the will of a residuary

legatee. Ernest, my boy, we may have to fight over that.”

 

“How do you make that out, father?” I asked. He had been very rude

over the matter of the death-duties of his own estate, though it is

entailed and I MUST inherit. So I determined to let him see that I

know a good deal more than he does—of law, at any rate. “I fear

that when we come to look into it closely that dog won’t fight. In

the first place, that may be all arranged in the letter to St. Leger,

which is a part of the Will. And if that letter should be

inoperative by his refusal of the conditions (whatever they may be),

then the letter to the attorney begins to work. What it is we don’t

know, and perhaps even he doesn’t—I looked at it as well as I could-

-and we law men are trained to observation. But even if the

instructions mentioned as being in Letter C fail, then the corpus of

the Will gives full power to Trent to act just as he darn pleases.

He can give the whole thing to himself if he likes, and no one can

say a word. In fact, he is himself the final court of appeal.”

 

“H’m!” said father to himself. “It is a queer kind of will, I take

it, that can override the Court of Chancery. We shall perhaps have

to try it before we are done with this!” With that he rose, and we

walked home together—without saying another word.

 

My mother was very inquisitive about the whole thing—women always

are. Father and I between us told her all it was necessary for her

to know. I think we were both afraid that, woman-like, she would

make trouble for us by saying or doing something injudicious.

Indeed, she manifested such hostility towards Rupert St. Leger that

it is quite on the cards that she may try to injure him in some way.

So when father said that he would have to go out shortly again, as he

wished to consult his solicitor, I jumped up and said I would go with

him, as I, too, should take advice as to how I stood in the matter.

 

The Contents of Letter marked “B” attached as an Integral Part to the

Last Will of Roger Melton.

June 11, 1907.

 

“This letter an integral part of my Last Will regards the entire

residue of my estate beyond the specific bequests made in the body of

my Will. It is to appoint as Residuary Legatee of such Will—in case

he may accept in due form the Conditions herein laid down—my dear

Nephew Rupert Sent Leger only son of my sister Patience Melton now

deceased by her marriage with Captain Rupert Sent Leger also now

deceased. On his acceptance of the Conditions and the fulfilment of

the first of them the Entire residue of my estate after payments of

all specific Legacies and of all my debts and other obligations is to

become his absolute property to be dealt with or disposed of as he

may desire. The following are the conditions.

 

“1. He is to accept provisionally by letter addressed to my

Executors a sum of nine hundred and ninety-nine thousand pounds

sterling free of all Duties Taxes or other imposts. This he will

hold for a period of six months from the date of the Reading of my

Last Will and have user of the accruements thereto calculated at the

rate of ten per centum per annum which amount he shall under no

circumstances be required to replace. At the end of said six months

he must express in writing directed to the Executors of my Will his

acceptance or refusal of the other conditions herein to follow. But

if he may so choose he shall be free to declare in writing to the

Executors within one week from the time of the Reading of the Will

his wish to accept or to withdraw altogether from the responsibility

of this Trust. In case of withdrawal he is to retain absolutely and

for his own use the above-mentioned sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes and imposts

whatsoever making with the specific bequest of one thousand pounds a

clear sum of one million pounds sterling free of all imposts. And he

will from the moment of the delivery of such written withdrawal cease

to have any right or interest whatsoever in the further disposition

of my estate under this instrument. Should such written withdrawal

be received by my Executors they shall have possession of such

residue of my estate as shall remain after the payment of the above

sum of nine hundred and ninety-nine thousand pounds sterling and the

payment of all Duties Taxes assessments or Imposts as may be entailed

by law by its conveyance to the said Rupert Sent Leger and these my

Executors shall hold the same for the further disposal of it

according to the instructions given in the letter marked C and which

is also an integral part of my Last Will and Testament.

 

“2. If at or before the expiration of the six months above-mentioned

the said Rupert Sent Leger shall have accepted the further conditions

herein stated, he is to have user of the entire income produced by

such residue of my estate the said income being paid to him Quarterly

on the usual Quarter Days by the aforesaid Executors to wit Major

General Sir Colin Alexander MacKelpie Bart. and Edward Bingham Trent

to be used by him in accordance with the terms and conditions

hereinafter mentioned.

 

“3. The said Rupert Sent Leger is to reside for a period of at least

six months to begin not later than three months from the reading of

my Will in the Castle of Vissarion in the Land of the Blue Mountains.

And if he fulfil the Conditions imposed on him and shall thereby

become possessed of the residue of my estate he is to continue to

reside there in part for a period of one year. He is not to change

his British Nationality except by a formal consent of the Privy

Council of Great Britain.

 

“At the end of a year and a half from the Reading of my Will he is to

report in person to my Executors of the expenditure of amounts paid

or due by him in the carrying out of the Trust and if they are

satisfied that same are in general accord with the conditions named

in above-mentioned letter marked C and which is an integral part of

my Will they are to record their approval on such Will which can then

go for final Probate and Taxation. On the Completion of which the

said Rupert Sent Leger shall become possessed absolutely and without

further act or need of the entire residue of my estate. In witness

whereof, etc.

 

“(Signed) ROGER MELTON.”

 

This document is attested by the witnesses to the Will on the same

date.

 

(Personal and Confidential.)

MEMORANDA MADE BY EDWARD BINGHAM TRENT IN CONNECTION WITH THE WILL OF

ROGER MELTON.

January 3, 1907.

 

The interests and issues of all concerned in the Will and estate of

the late Roger Melton of Openshaw Grange are so vast that in case any

litigation should take place regarding the same, I, as the solicitor,

having the carriage of the testator’s wishes, think it well to make

certain memoranda of events, conversations, etc., not covered by

documentary evidence. I make the first memorandum immediately after

the event, whilst every detail of act and conversation is still fresh

in my mind. I shall also try to make such comments thereon as may

serve to refresh my memory hereafter, and which in case of my death

may perhaps afford as opinions contemporaneously recorded some

guiding light to

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