ibly
cremation might meet the difficulty, but even that is doubtful; and, in
any case, the matter would not be in the control of Godfrey Bellingham.
Yet, if the required interment should prove impossible, he is to be
deprived of his legacy."

"It is a monstrous and absurd injustice," I exclaimed.

"It is," Thorndyke agreed; "but this is nothing to the absurdity that
comes to light when we consider clauses two and three in detail.
Observe that the testator presumably wished to be buried in a certain
place; also he wished his brother should benefit under the will. Let
us take the first point and see how he has set about securing the
accomplishment of what he desired. Now if we read clauses two and
three carefully, we shall see that he has rendered it virtually
impossible that his wishes can be carried out. He desires to be buried
in a certain place and makes Godfrey responsible for his being so
buried. But he gives Godfrey no power or authority to carry out the
provision, and places insuperable obstacles in his way. For until
Godfrey is an executor, he has no power or authority to carry out the
provision; and until the provisions are carried out, he does not become
an executor."

"It is a preposterous muddle," exclaimed Jervis.

"Yes, but that is not the worst of it," Thorndyke continued. "The
moment John Bellingham dies, his dead body has come into existence; and
it is 'deposited,' for the time being, wherever he happens to have
died. But unless he should happen to have died in one of the places of
burial mentioned--which is in the highest degree unlikely--his body
will be, for the time being, 'deposited' in some place other than those
specified. In that case clause two is--for the time being--not
complied with, and consequently George Hurst becomes, automatically,
the co-executor.

"But will George Hurst carry out the provisions of clause two?
Probably not. Why should he? The will contains no instructions to
that effect. It throws the whole duty on Godfrey. On the other hand,
if he should carry out clause two, what happens? He ceases to be an
executor and he loses some seventy thousand pounds. We may be pretty
certain that he will do nothing of the kind. So that, on considering
the two clauses, we see that the wishes of the testator could only be
carried out in the unlikely event of his dying in one of the
burial-places mentioned, or his body being conveyed immediately after
death to a public mortu