FREE BOOKS

Author's List




PREV.   NEXT  
|<   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126  
127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   >>   >|  
to make one of their body the victim of a practical joke?" "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?" "Oh, certainly not. I assure you it is all square. It is a true bill, or rather a true will." "Proceed," said James, resuming his seat. "This is evidently a case of an unusual 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 occasion. He had mastered that first 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, "is, doubtless, of a remarkable nature, and I cannot at the moment lay my hand upon any authority bearing on the point--if, indeed, any such are to be found. But I speak off-hand, and must not be held too closely to the _obiter dictum_ of a _viva voce_ opinion. It seems to me that, notwithstanding its peculiar 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 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. It is, I admit, usual that writing should be done on paper or parchment, but I 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 appears--I am taking Mr. Meeson's statement 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: a form of signature which is very well covered by the section of the Act of 1. Vic., cap. 26. It 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 attestation clause is one of those fallacies of the lay mind which, perhaps, cluster more frequently and with a greater persistence round
PREV.   NEXT  
|<   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126  
127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   >>   >|  



Top keywords:
writing
 

parchment

 

perfectly

 

clause

 

attestation

 

presence

 

testator

 

Meeson

 

nature

 
Surely

present

 

removed

 

excellent

 

carefully

 

dignity

 

respect

 

sufficient

 
aright
 
remember
 
testamentary

disposition

 

specifies

 

variety

 

practical

 

defined

 

tattooing

 

fairly

 

continue

 
witnesses
 

attested


section
 
covered
 

signature

 
supposed
 
necessity
 
frequently
 

greater

 

persistence

 
cluster
 
fallacies

command
 

taking

 

statement

 
appears
 
purposes
 

accurate

 

properly

 

tattooed

 

person

 

executed