cation, unless he can show that the conditions of clause two have
been complied with--which it is virtually certain that he can not; and
he may be able to bring forward reasons for believing John to be still
alive. But even if he is unable to do this, inasmuch as it is pretty
clear that he was intended to be the chief beneficiary, his opposition
is likely to have considerable weight with the Court."

"Oh, is it?" I exclaimed eagerly. "Then that accounts for a very
peculiar proceeding on the part of Hurst. I have stupidly forgotten to
tell you about it. He has been trying to come to a private agreement
with Godfrey Bellingham."

"Indeed!" said Thorndyke. "What sort of agreement?"

"His proposal was this: that Godfrey should support him and Jellicoe in
an application to the Court for permission to presume death and to
administer the will, and that, if it was successful, Hurst should pay
him four hundred pounds a year for life: the arrangement to hold good in
all eventualities."

"By which he means?"

"That if the body should be discovered at any future time, so that the
conditions of clause two could be carried out, Hurst should still retain
the property and continue to pay Godfrey the four hundred a year for
life."

"Hey ho!" exclaimed Thorndyke; "that is a queer proposal; a very queer
proposal indeed."

"Not to say fishy," added Jervis. "I don't fancy the Court would look
with approval on that little arrangement."

"The law does not look with much favour on any little arrangements that
aim at getting behind the provisions of a will," Thorndyke replied;
"though there would be nothing to complain of in this proposal if it
were not for the reference to 'all eventualities.' If a will is
hopelessly impracticable, it is not unreasonable or improper for the
various beneficiaries to make such private arrangements among themselves
as may seem necessary to avoid useless litigation and delay in
administering the will. If, for instance, Hurst had proposed to pay four
hundred a year to Godfrey so long as the body remained undiscovered on
condition that, in the event of its discovery, Godfrey should pay him a
like sum for life, there would have been nothing to comment upon. It
would have been an ordinary sporting chance. But the reference to 'all
eventualities' is an entirely different matter. Of course, it may be
mere greediness, but all the same, it suggests some very curious
reflections."

"Yes, it does," said Jervis.