questions connected with testamentary disposition than those of any other
branch of the law. Therefore, we must take the will to have been properly
executed in accordance with the spirit of the statute.
"And now we come to what at present strikes me as the crux. The will is
undated. Does that invalidate it? I answer with confidence, no. And mark:
evidence--that of Lady Holmhurst--can be produced that this will did not
exist upon Miss Augusta Smithers previous to Dec. 19, on which day the
Kangaroo sank; and evidence can also be produced--that of Mrs.
Thomas--that it did exist on Christmas Day, when Miss Smithers was
rescued. It is, therefore, clear that it must have got upon her back
between Dec. 19 and Dec. 25."
"Quite so, old fellow," said Eustace, much impressed at this coruscation
of legal lore. "Evidently you are the man to tackle the case. But, I say,
what is to be done next? You see, I'm afraid it's too late. Probate has
issued, whatever that may mean."
"Probate has issued!" echoed the great James, struggling with his rising
contempt; "and is the law so helpless that probate which has been allowed
to issue under an erroneous apprehension of the facts cannot be recalled?
Most certainly not! So soon as the preliminary formalities are concluded,
a writ must be issued to revoke the probate, and claiming that the Court
should pronounce in favour of the later will; or, stay, there is no
executor--there is no executor!--a very important point--claiming a grant
of letters of administration with the will annexed: I think that will be
the better course."
"But how can you annex Miss Smithers to a 'grant of letters of
administration,' whatever that may mean?" said Eustace, feebly.
"That reminds me," said James, disregarding the question and addressing
his brother, "you must at once file Miss Smithers in the registry, and
see to the preparation of the usual affidavit of scripts."
"Certainly, certainly," said John, as though this were the most simple
business in the world.
"What?" gasped Eustace, as a vision of Augusta impaled upon an enormous
bill-guard rose before his eyes. "You can't file a lady; it's
impossible!"
"Impossible or not, it must be done before any further steps are taken.
Let me see; I believe that Dr. Probate is the sitting Registrar at
Somerset House this sittings. It would be well if you made an appointment
for to-morrow."
"Yes," said John.
"Well," went on James, "I think that is all f
|