“How do you make that out, father?” I asked. He had been very rude over the matter of the death-duties of his own estate, though it is entailed and I must inherit. So I determined to let him see that I know a good deal more than he does—of law, at any rate. “I fear that when we come to look into it closely that dog won’t fight. In the first place, that may be all arranged in the letter to St. Leger, which is a part of the Will. And if that letter should be inoperative by his refusal of the conditions (whatever they may be), then the letter to the attorney begins to work. What it is we don’t know, and perhaps even he doesn’t—I looked at it as well as I could—and we law men are trained to observation. But even if the instructions mentioned as being in Letter C fail, then the corpus of the Will gives full power to Trent to act just as he darn pleases. He can give the whole thing to himself if he likes, and no one can say a word. In fact, he is himself the final court of appeal.”
“H’m!” said father to himself. “It is a queer kind of will, I take it, that can override the Court of Chancery. We shall perhaps have to try it before we are done with this!. With that he rose, and we walked home together—without saying another word.
My mother was very inquisitive about the whole thing—women always are. Father and I between us told her all it was necessary for her to know. I think we were both afraid that, woman-like, she would make trouble for us by saying or doing something injudicious. Indeed, she manifested such hostility towards Rupert St. Leger that it is quite on the cards that she may try to injure him in some way. So when father said that he would have to go out shortly again, as he wished to consult his solicitor, I jumped up and said I would go with him, as I, too, should take advice as to how I stood in the matter.
The Contents of Letter marked “B” attached as an Integral Part to the Last Will of Roger Melton.
June 11, 1907.
“This letter an integral part of my Last Will regards the entire residue of my estate beyond the specific bequests made in the body of my Will. It is to appoint as Residuary Legatee of such Will—in case he may accept in due form the Conditions herein laid down—my dear Nephew Rupert Sent Leger only son of my sister Patience Melton now deceased by her marriage with Captain Rupert Sent Leger also now deceased. On his acceptance of the Conditions and the fulfilment of the first of them the Entire residue of my estate after payments of all specific Legacies and of all my debts and other obligations is to become his absolute property to be dealt with or disposed of as he may desire. The following are the conditions.
“1. He is to accept provisionally by letter addressed to my Executors a sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes or other imposts. This he will hold for a period of six months from the date of the Reading of my Last Will and have user of the accruements thereto calculated at the rate of ten per centum per annum which amount he shall under no circumstances be required to replace. At the end of said six months he must express in writing directed to the Executors of my Will his acceptance or refusal of the other conditions herein to follow. But if he may so choose he shall be free to declare in writing to the Executors within one week from the time of the Reading of the Will his wish to accept or to withdraw altogether from the responsibility of this Trust. In case of withdrawal he is to retain absolutely and for his own use the above-mentioned sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes and imposts whatsoever making with the specific bequest of one thousand pounds a clear sum of one million pounds sterling free of all imposts. And he will from the moment of the delivery of such written withdrawal cease to have any right or interest whatsoever in the further disposition of my estate under this instrument. Should such written withdrawal be received by my Executors they shall have possession of such residue of my estate as shall remain after the payment of the above sum of nine hundred and ninety-nine thousand pounds sterling and the payment of all Duties Taxes assessments or Imposts as may be entailed by law by its conveyance to the said Rupert Sent Leger and these my Executors shall hold the same for the further disposal of it according to the instructions given in the letter marked C and which is also an integral part of my Last Will and Testament.
“2. If at or before the expiration of the six months above-mentioned the said Rupert Sent Leger shall have accepted the further conditions herein stated, he is to have user of the entire income produced by such residue of my estate the said income being paid to him Quarterly on the usual Quarter Days by the aforesaid Executors to wit Major General Sir Colin Alexander MacKelpie Bart. and Edward Bingham Trent to be used by him in accordance with the terms and conditions hereinafter mentioned.
“3. The said Rupert Sent Leger is to reside for a period of at least six months to begin not later than three months from the reading of my Will in the Castle of Vissarion in the Land of the Blue Mountains. And if he fulfil the Conditions imposed on him and shall thereby become possessed of the residue of my estate he is to continue to reside there in part for a period of one year. He is not to change his British Nationality except by a formal consent of the Privy Council of Great Britain.
“At the end of a year and a half from the Reading of my Will he is to report in person to my Executors of the expenditure of amounts paid or due by him in the carrying out of the Trust and if they are satisfied that same are in general accord with the conditions named in above-mentioned letter marked C and which is an integral part of my Will they are to record their approval on such Will which can then go for final Probate and Taxation. On the Completion of which the said Rupert Sent Leger shall become possessed absolutely and without further act or need of the entire residue of my estate. In witness whereof, etc.
“(Signed) Roger Melton.”
This document is attested by the witnesses to the Will on the same date.
(Personal and Confidential.)
Memoranda made by Edward Bingham Trent in Connection with the Will of Roger Melton.
January 3, 1907.
The interests and issues of all concerned in the Will and estate of the late Roger Melton of Openshaw Grange are so vast that in case any litigation should take place regarding the same, I, as the solicitor, having the carriage of the testator’s wishes, think it well to make certain memoranda of events, conversations, etc., not covered by documentary evidence. I make the first memorandum immediately after the event, whilst every detail of act and conversation is still fresh in my mind. I shall also try to make such comments thereon as may serve to refresh my memory hereafter, and which in case of my death may perhaps afford as opinions contemporaneously recorded some guiding light to other or others who may later on have to continue and complete the tasks entrusted to me.
I.
Concerning the Reading of the Will of Roger Melton.
When, beginning at 11 o’clock a.m. on this the forenoon of Thursday, the 3rd day of January, 1907, I opened the Will and read it in full, except the clauses contained in the letters marked “B” and “C”; there were present in addition to myself, the following:
1. Ernest Halbard Melton, J.P, nephew of the testator.
2. Ernest Roger Halbard Melton, son of the above.
3. Rupert Sent Leger, nephew of the testator.
4. Major-General Sir Colin Alexander MacKelpie, Bart., co-executor with myself of the Will.
5. Andrew Rossiter, my clerk, one of the witnesses of the testator’s Will.
6. Alfred Nugent, stenographer (of Messrs. Castle’s office, 21, Bream’s Buildings, W.C.).
When the Will had been read, Mr. E. H. Melton asked the value of the estate left by the testator, which query I did not feel empowered or otherwise able to answer; and a further query, as to why those present were not shown the secret clauses of the Will. I answered by reading the instructions endorsed on the envelopes of the two letters marked “B” and “C,” which were sufficiently explanatory.
But, lest any question should hereafter arise as to the fact that the memoranda in letters marked “B” and “C,”