R. Austin Freeman

“ Thorndyke smiled drily. "Now you are asking a very pretty conundrum. The decisions of Courts depend on idiosyncrasies of temperament that no one can foresee. But one may say that a Court does not lightly grant permission to presume death. There will be a rigorous inquiry—and a decidedly unpleasant one, I suspect—and the evidence will be reviewed by the judge with a strong predisposition to regard the testator as being still alive. ”

“ But, as you cannot produce the body, and no one has the least idea where it is, it is impossible to prove either that it is or that it is not in any specified place."
"You are magnifying the difficulty, Jervis," said Thorndyke. "The body may, of course, be anywhere in the entire world, but the place where it is lying is either inside or outside the general boundary of these two parishes. ”

“ Thorndyke replied. "And now with reference to what we may call the contentious clauses: the first thing that strikes us is their preposterous injustice. Godfrey's inheritance is made conditional on a particular disposal of the testator's body. But this is a matter not necessarily under Godfrey's control. The testator might have been lost at sea, or killed in a fire or explosion, or have died abroad and been buried where his grave could not be identified. There are numerous probable contingencies besides the improbable one that has happened, that might prevent the body from being recovered. ”

“ But will George Hurst carry out the provisions of clause two? Probably not. Why should he? The will contains no instructions to that effect. It throws the whole duty on Godfrey. On the other hand, if he should carry out clause two, what happens? He ceases to be an executor and he loses a legacy of some seventy thousand pounds. ”

“ We may be pretty certain that he will do nothing of the kind. So that, on considering the two clauses, we see that the wishes of the testator could only be carried out in the unlikely event of his dying in one of the burial-places mentioned, or his body being conveyed immediately after death to a public mortuary in one of the said parishes. In any other event, it is virtually certain that he will be buried in some place other than that which he desired, and that his brother will be left absolutely without provision or recognition."
"John Bellingham could never have intended that," I said. ”

“ I supposed it was; and, thanking her for her gracious permission, I glanced through the note—a few lines authorising me to show the copy of the will to Dr. Thorndyke. When I looked up from the paper I found her eyes fixed on me with an expression critical and rather disapproving.
"You seem to be making yourself mighty agreeable in a certain quarter," she remarked.
"I make myself universally agreeable. It is my nature to." ”

“ As I walked homewards I speculated cheerfully on the prospect of entertaining my friends under my own (or rather Barnard's) roof, if they could be lured out of their eremitical retirement. The idea had, in fact, occurred to me already, but I had been deterred by the peculiarities of Barnard's housekeeper. For Mrs. Gummer was one of those housewives who make up for an archaic simplicity of production by preparations on the most portentous and alarming scale. ”

“ 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. ”

“ Our training makes us materialists, and puts us a little out of sympathy with those in whom primitive beliefs and emotions survive. A worthy priest who came to look at our dissecting-room expressed surprise to me that students, thus constantly in the presence of relics of mortality, should be able to think of anything but the resurrection and the life hereafter. ”

“ There is nothing so dead as a dissecting-room 'subject'; and the contemplation of the human body in the process of being quietly taken to pieces—being resolved into its structural units like a worn-out clock or an old engine in the Mr. ”