ouldn't that make a difference?" hesitated
Payson.

"Not a bit! Not one bit!" chirped Tutt. "The law is settled that such a
paper writing can be given effect only under certain very special
conditions and only to a limited extent. Anyhow that question doesn't
arise here."

"Why not?" queried the residuary legatee. "How do you know this letter
wasn't written and placed inside the will when it was made?--And that my
father supposed that of course it would be given effect?"

"In that case why shouldn't he have incorporated the legacy in the
will?" countered Tutt sharply.

"He--er--may not have wished Mr. Tutt to know about it," murmured
Payson, dropping his eyes.

"Oh,--hardly!" protested Tutt. "We can be morally certain that this
letter was written and placed with the will that time your father came
in here and asked to be allowed to see it, seven odd years ago. Mr. Tutt
would have noticed it if your father had placed it with the will in the
first instance and would have warned him that nothing of the sort could
possibly be effective."

"But," insisted Payson, "assuming for argument's sake that this letter
was in fact written at the time the will was originally executed, what
is the reason the law won't recognize it as a valid bequest?"

Tutt smiled and fumbled in an open box for another cigarette.

"My dear sir," he replied, "no paper could possibly be treated as part
of a will--even if extant at the time the will was executed--unless
distinctly referred to in the will itself. In a word, there must be a
clear and unmistakable intention on the part of the testator to attempt
to incorporate the extraneous paper by reference. Now, here, there is no
reference to the paper in the will at all."

"That is true!" admitted Payson. "But--"

"But even if there were," went on Tutt, eagerly, "the law is settled in
this state that where a testator--either through carelessness or a
desire to economize space or effort, has referred in his will to
extraneous papers or memoranda, either as fixing the names of
beneficiaries of particular devises or bequests, or as fixing the amount
or the manner in which the amount of such devises or bequests is to be
ascertained, such a paper must not contain any testamentary disposition
of property. In a word the testator having willed something can
_identify_ it by means of an extraneous paper if properly designated,
but he cannot _will_ the thing away by an extraneous paper no matter how
r