of the
other places mentioned, and the fact can easily be proved by production
of the registers. So that a permission to presume death would result
in the handing over to Hurst of almost the entire estate."
"Who is the executor?" I asked.
"Ah!" he exclaimed, "there is another muddle. There are two executors;
Jellicoe is one, and the other is the principal beneficiary--Hurst or
myself, as the case may be. But, you see, neither of us can become an
executor until the Court has decided which of us is the principal
beneficiary."
"But who is to apply to the Court? I thought that was the business of
the executors."
"Exactly, that is Hurst's difficulty. We were discussing it when you
called the other day, and a very animated discussion it was," he added,
with a grim smile. "You see, Jellicoe naturally refuses to move in the
matter alone. He says he must have the support of the other executor.
But Hurst is not at present the other executor; neither am I. But the
two of us together are the co-executor, since the duty devolves upon
one or other of us, in any case."
"It's a complicated position," I said.
"It is; and the complication has elicited a very curious proposal from
Hurst. He points out--quite correctly, I am afraid--that as the
conditions as to burial have not been complied with, the property must
come to him, and he proposes a very neat little arrangement, which is
this: That I shall support him and Jellicoe in their application for
permission to presume death and to administer the will, and that he
shall pay me four hundred a year for life; the arrangement to hold good
_in all eventualities_."
"What does he mean by that?"
"He means," said Bellingham, fixing me with a ferocious scowl, "that if
the body should turn up at any future time, so that the conditions as
to burial should be able to be carried out, he should still retain the
property and pay me the four hundred a year."
"The deuce!" said I. "He seems to know how to drive a bargain."
"His position is that he stands to lose four hundred a year for the
term of my life if the body is never found, and he ought to stand to
win if it is."
"And I gather that you have refused this offer?"
"Yes; very emphatically, and my daughter agrees with me; but I am not
sure that I have done the right thing. A man should think twice, I
suppose, before he burns his boats."
"Have you spoken to Mr. Jellicoe about the matter?"
"Yes, I have been t
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