"You say the circumstances suggested that your brother was dead. What circumstances were they?"
"Principally the suddenness and completeness of the disappearance. His luggage, as you may remember, was found lying unclaimed at the railway station; and there was another circumstance even more suggestive. My brother drew a pension from the Foreign Office, for which he had to apply in person, or, if abroad, produce proof that he was alive on the date when the payment became due. Now, he was exceedingly regular in this respect; in fact, he had never been known to fail, either to appear in person or to transmit the necessary documents to his agent, Mr. Jellicoe. But from the moment when he vanished so mysteriously to the present day, nothing whatever has been heard of him."
"It's a very awkward position for you," I said, "but I should think there will not be much difficulty in obtaining the permission of the Court to presume death and to proceed to prove the will."
Mr. Bellingham made a wry face. "I expect you are right," he said, "but that doesn't help me much. You see, Mr. Jellicoe, having waited a reasonable time for my brother to reappear, took a very unusual but, I think, in the special circumstances, a very proper step; he summoned me and the other interested party to his office and communicated to us the provisions of the will. And very extraordinary provisions they turned out to be. I was thunderstruck when I heard them. And the exasperating thing is that I feel sure my poor brother imagined that he had made everything perfectly safe and simple."
"They generally do," I said, rather vaguely.
"I suppose they do," said Mr. Bellingham; "but poor John has made the most infernal hash of his will, and I am certain that he has utterly defeated his own intentions. You see, we are an old London family. The house in Queen Square where my brother nominally lived, but actually kept his collection, has been occupied by us for generations, and most of the Bellinghams are buried in St. George's burial-ground close by, though some members of the family are buried in other churchyards in the neighborhood. Now, my brother—who, by the way, was a bachelor—had a strong feeling for the family traditions, and he stipulated, not unnaturally, in his will that he should be buried in St. George's burial-ground among his ancestors, or, at least, in one of the places of burial appertaining to his native parish. But instead of simply expressing the wish and directing his executors to carry it out, he made it a condition affecting the operation of the will."
"Affecting it in what respect?" I asked.
"In a very vital respect," answered Mr. Bellingham. "The bulk of the property he bequeathed to me, or if I predeceased him, to my daughter Ruth. But the bequest was subject to the condition I have mentioned—that he should be buried in a certain place—and if that condition was not fulfilled, the bulk of the property was to go to my cousin, George Hurst."
"But in that case," said I, "as you can't produce the body, neither of you can get the property."
"I am not so sure of that," he replied. "If my brother is dead, it is pretty certain that he is not buried in St. George's or any of the other places mentioned, and the fact can easily be proved by production of the registers. So that a permission to presume death would result in the handing over to Hurst of almost the entire estate."
"Who is the executor?" I asked.
"Ah!" he exclaimed, "there is another muddle. There are two executors; Jellicoe is one, and the other is the principal beneficiary—Hurst or myself, as the case may be. But, you see, neither of us can become an executor until the Court has decided which of us is the principal beneficiary."
"But who is to apply to the Court? I thought that was the business of the executors."
"Exactly, that is Hurst's difficulty. We were discussing it when you called the other day, and a very animated discussion it was," he added, with a grim smile. "You see, Jellicoe naturally refuses to move in the matter alone. He says he must have the support of the other executor. But Hurst is not at present the other executor; neither am I. But the two of us together are the co-executor, since the duty devolves upon one or other of us, in any case."
"It's a complicated position," I said.
"It is; and the complication has elicited a very curious proposal from Hurst. He points out—quite correctly, I am afraid—that as the conditions as to burial have not been complied with, the property must come to him, and he proposes a very neat little arrangement, which is this: That I shall support him and Jellicoe in their application for permission to presume death and to administer the will, and that he shall pay me four hundred a year for life; the arrangement to hold good in all eventualities."
"What does he mean by that?"
"He means," said Bellingham, fixing me with a ferocious scowl, "that if the body should turn up at any future time, so that the conditions as to burial should be able to be carried out, he should still retain the property and pay me the four hundred a year."
"The deuce!" said I. "He seems to know how to drive a bargain."
"His position is that he stands to lose four hundred a year for the term of my life if the body is never found, and he ought to stand to win if it is."
"And I gather that you have refused this offer?"
"Yes; very emphatically, and my daughter agrees with me; but I am not sure that I have done the right thing. A man should think twice, I suppose, before he burns his boats."
"Have you spoken to Mr. Jellicoe about the matter?"
"Yes, I have been to see him to-day. He is a cautious man, and he doesn't advise me one way or the other. But I think he disapproves of my refusal; in fact, he remarked that a bird in the hand is worth two in the bush, especially when the whereabouts of the bush is unknown."
"Do you think he will apply to the Court without your sanction?"
"He doesn't want to; but I suppose, if Hurst puts pressure on him, he will have to. Besides, Hurst, as an interested party, could apply on his own account, and after my refusal he probably will; at least, that is Jellicoe's opinion."
"The whole thing is a most astonishing muddle," I said, "especially when one remembers that your brother had a lawyer to advise him. Didn't Mr. Jellicoe point out to him how absurd the provisions were?"
"Yes, he did. He tells me that he implored my brother to let him draw up a will embodying the matter in a reasonable form. But John wouldn't listen to him. Poor old fellow! he could be very pig-headed when he chose."
"And is Hurst's proposal still open?"
"No, thanks to my peppery temper. I refused it very definitely, and sent him off with a flea in his ear. I hope I have not made a false step; I was quite taken by surprise when Hurst made the proposal and got rather angry. You remember, my brother was last seen alive at Hurst's house—but there, I oughtn't to talk like that, and I oughtn't to pester you with my confounded affairs when you come in for a friendly chat, though I gave you fair warning, you remember."
"Oh, but you have been highly entertaining. You don't realize what an interest I take in your case."
Mr. Bellingham laughed somewhat grimly. "My case!" he repeated. "You speak as if I were some rare and curious sort of criminal lunatic. However, I'm glad you find me amusing. It's more than I find myself."
"I didn't say amusing; I said interesting. I view you with deep respect as the central figure of a stirring drama. And I am not the only person who regards you in that light. Do you remember my speaking to you of Doctor Thorndyke?"
"Yes,