eferred to. For example, if A wills to B 'all the stock covered by my
agreement of May 1, with X' it merely describes and identifies the thing
bequeathed,--and that is all right. The law will give effect to the
identifying agreement, although it is separate from the will and
unattested. But, if A's will read 'and I give such further bequests as
appear in a paper filed herewith' and the paper contained a bequest to B
of 'all the stock covered by my agreement of May 1, with X' it would be
an attempted bequest outside of the will and so have no legal effect."
"Thanks," said Payson. "I understand. So in no event whatever could this
letter have any legal effect?"
"Absolutely none whatever!--You're perfectly safe!" And Tutt leaned back
with a comfortable smile.
But Payson did not smile in return. Neither was he comfortable. Be it
said for him that, however many kinds of a fool he may have been, while
momentarily relieved at knowing that he had no legal obligation to
carry out his father's wishes so far as Sadie Burch was concerned, his
conscience was by no means easy and he had not liked at all the tone in
which the paunchy little lawyer had used the phrase "you're perfectly
safe."
"What do you mean by 'perfectly safe'," he inquired rather coldly.
"Why, that Sadie Burch could never make you pay her the legacy--because
it isn't a legal legacy. You can safely keep it. It's yours, legally and
morally."
"Well, is it?" asked Payson slowly. "Morally, isn't it my duty to pay
over the money, no matter who she is?"
Tutt, who had tilted backward in his swivel chair, brought both his feet
to the floor with a bang.
"Of course it isn't!" he cried. "You'd be crazy to pay the slightest
attention to any such vague and unexplained scrawl. Listen, young man!
In the first place you haven't any idea when your father wrote that
paper--except that it was at least seven years ago. He may have changed
his mind a dozen times since he wrote it. It may have been a mere
passing whim or fancy, done in a moment of weakness or emotion or
temporary irrationality. Indeed, it may have been made under duress.
Nobody but a lawyer who has the most intimate knowledge of his clients'
daily life and affairs has the remotest suspicion of--Oh, well, we won't
go into that! But, the first proposition is that in no event is it
possible for you to say that the request in that letter was the actual
wish of your father at the time of his death. All you can
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