[The Vanishing Man by R. Austin Freeman]@TWC D-Link bookThe Vanishing Man CHAPTER VII 20/31
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.
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