As the MacS--- and Mr. S--- sat quite silent, neither looking at us, andas father was sitting on the other side of the room with his chin in hishand, and as I wanted to show that I was indifferent to the two S's, Itook out this notebook, and went on with the Record, bringing it up tothis moment.
THE RECORD--_Continued_.
When I had finished writing I looked over at Rupert.
When he saw us, he jumped up and went over to father and shook his handquite warmly. Father took him very coolly. Rupert, however, did notseem to see it, but came towards me heartily. I happened to be doingsomething else at the moment, and at first I did not see his hand; butjust as I was looking at it the clock struck eleven. Whilst it wasstriking Mr. Trent came into the room. Close behind him came his clerk,carrying a locked tin box. There were two other men also. He bowed tous all in turn, beginning with me. I was standing opposite the door; theothers were scattered about. Father sat still, but Sir Colin and Mr. St.Leger rose. Mr. Trent not did shake hands with any of us--not even me.Nothing but his respectful bow. That is the etiquette for an attorney, Iunderstand, on such formal occasions.
He sat down at the end of the big table in the centre of the room, andasked us to sit round. Father, of course, as Head of the Family, tookthe seat at his right hand. Sir Colin and St. Leger went to the otherside, the former taking the seat next to the attorney. The Generalknows, of course, that a Baronet takes precedence at a ceremony. I maybe a Baronet some day myself, and have to know these things.
The clerk took the key which his master handed to him, opened the tinbox, and took from it a bundle of papers tied with red tape. This heplaced before the attorney, and put the empty box behind him on thefloor. Then he and the other man sat at the far end of the table; thelatter took out a big notebook and several pencils, and put them beforehim. He was evidently a shorthand-writer. Mr. Trent removed the tapefrom the bundle of papers, which he placed a little distance in front ofhim. He took a sealed envelope from the top, broke the seal, opened theenvelope, and from it took a parchment, in the folds of which were somesealed envelopes, which he laid in a heap in front of the other paper.Then he unfolded the parchment, and laid it before him with the outsidepage up. He fixed his glasses, and said:
"Gentlemen, the sealed envelope which you have seen me open is endorsed'My Last Will and Testament--ROGER MELTON, _June_, 1906.' Thisdocument"--holding it up--"is as follows:
"'I Roger Melton of Openshaw Grange in the County of Dorset; of number one hundred and twenty-three Berkeley Square London; and of the Castle of Vissarion in the Land of the Blue Mountains, being of sound mind do make this my Last Will and Testament on this day Monday the eleventh day of the month of June in the year of Our Lord one thousand nine hundred and six at the office of my old friend and Attorney Edward Bingham Trent in number one hundred and seventy-six Lincoln's Inn Fields London hereby revoking all other wills that I may have formerly made and giving this as my sole and last Will making dispositions of my property as follows:
"'1. To my kinsman and nephew Ernest Halbard Melton Esquire, justice of the Peace, Humcroft the County of Salop, for his sole use and benefit the sum of twenty thousand pounds sterling free of all Duties Taxes and charges whatever to be paid out of my Five per centum Bonds of the City of Montreal, Canada.
"'2. To my respected friend and colleague as co-trustee to the Will of my late sister Patience late widow of the late Captain Rupert Sent Leger who predeceased her, Major-General Sir Colin Alexander MacKelpie, Baronet, holder of the Victoria Cross, Knight Commander of the Order of the Bath, of Croom in the county of Ross Scotland a sum of Twenty thousand pounds sterling free of all Taxes and charges whatsoever; to be paid out of my Five per centum Bonds of the City of Toronto, Canada.
"'3. To Miss Janet MacKelpie presently residing at Croom in the County of Ross Scotland the sum of Twenty thousand pounds sterling free of all Duties Taxes and Charges whatsoever, to be paid out of my Five per centum Bonds of the London County Council.
"'4. To the various persons charities and Trustees named in the schedule attached to this Will and marked A. the various sums mentioned therein, all free of Duties and Taxes and charges whatsoever.'"
Here Mr. Trent read out the list here following, and announced for ourimmediate understanding of the situation the total amount as two hundredand fifty thousand pounds. Many of the beneficiaries were old friends,comrades, dependents, and servants, some of them being left quite largesums of money and specific objects, such as curios and pictures.
"'5. To my kinsman and nephew Ernest Roger Halbard Melton presently living in the house of his father at Humcroft Salop the sum of Ten thousand pounds sterling.
"'6. To my old and valued friend Edward Bingham Trent of one hundred and seventy-six Lincoln's Inn Fields sum of Twenty thousand pounds sterling free from all Duties Taxes and Charges whatsoever to be paid out of my Five per centum Bonds of the city of Manchester England.
"'7. To my dear nephew Rupert Sent Leger only son of my dear sister Patience Melton by her marriage with Captain Rupert Sent Leger the sum of one thousand pounds sterling. I also bequeath to the said Rupert Sent Leger a further sum conditional upon his acceptance of the terms of a letter addressed to him marked B, and left in the custody of the above Edward Bingham Trent and which letter is an integral part of this my Will. In case of the non-acceptance of the conditions of such letter, I devise and bequeath the whole of the sums and properties reserved therein to the executors herein appointed Colin Alexander MacKelpie and Edward Bingham Trent in trust to distribute the same in accordance with the terms of the letter in the present custody of Edward Bingham Trent marked C, and now deposited sealed with my seal in the sealed envelope containing my last Will to be kept in the custody of the said Edward Bingham Trent and which said letter C is also an integral part of my Will. And in case any doubt should arise as to my ultimate intention as to the disposal of my property the above-mentioned Executors are to have full power to arrange and dispose all such matters as may seem best to them without further appeal. And if any beneficiary under this Will shall challenge the same or any part of it, or dispute the validity thereof, he shall forfeit to the general estate the bequest made herein to him, and any such bequest shall cease and be void to all intents and purposes whatsoever.
"'8. For proper compliance with laws and duties connected with testamentary proceedings and to keep my secret trusts secret I direct my Executors to pay all Death, Estate, Settlement, Legacy, Succession, or other duties charges impositions and assessments whatever on the residue of my estate beyond the bequests already named, at the scale charged in the case of most distant relatives or strangers in blood.
"'9. I hereby appoint as my Executors Major-General Sir Colin Alexander MacKelpie, Baronet, of Croom in the County of Ross, and Edward Bingham Trent Attorney at Law of one hundred and seventy-six Lincoln's Inn Fields London West Central with full power to exercise their discretion in any circumstance which may arise in the carrying out my wishes as expressed in this Will. As reward for their services in this capacity as Executors they are to receive each out of the general estate a sum of one hundred thousand pounds sterling free of all Duties and impositions whatsoever.
"12. The two Memoranda contained in the letters marked B and C are Integral Parts of this my Last Will are ultimately at the Probate of the Will to be taken as Clauses 10 and 11 of it. The envelopes are marked B and C on both envelope and contents and the contents of each is headed thus: B to be read as Clause 10 of my Will and the other C to be read as Clause 11 of my Will.
"13. Should either of the above-mentioned Executors die before the completion of the above year and a half from the date of the Reading of my Will or before the Conditions rehearsed in Letter C the remaining Executor shall have all and several the Rights and Duties entrusted by my Will to both. And if both Executors should die then the matter of interpretation and execution of all matters in connection with this my Last Will shall rest with the Lord Chancellor of England for the time being
or with whomsoever he may appoint for the purpose.
"'This my Last Will is given by me on the first day of January in the year of Our Lord one thousand nine hundred and seven.
"'ROGER MELTON.
"We Andrew Rossiter and John Colson here in the presence of each other and of the Testator have seen the Testator Roger Melton sign and seal this document. In witness thereof we hereby set our names
"'ANDREW ROSSITER clerk of 9 Primrose Avenue London W.C.
"'JOHN COLSON caretaker of 176 Lincoln's Inn Fields and Verger of St. Tabitha's Church Clerkenwell London.'"
When Mr. Trent had finished the reading he put all the papers together,and tied them up in a bundle again with the red tape. Holding the bundlein his hand, he stood up, saying as he did so:
"That is all, gentlemen, unless any of you wish to ask me any questions;in which case I shall answer, of course, to the best of my power. Ishall ask you, Sir Colin, to remain with me, as we have to deal with somematters, or to arrange a time when we may meet to do so. And you also,Mr. Sent Leger, as there is this letter to submit to you. It isnecessary that you should open it in the presence of the executors, butthere is no necessity that anyone else should be present."
The first to speak was my father. Of course, as a county gentleman ofposition and estate, who is sometimes asked to take the chair atSessions--of course, when there is not anyone with a title present--hefound himself under the duty of expressing himself first. Old MacKelpiehas superior rank; but this was a family affair, in which my father isHead of the House, whilst old MacKelpie is only an outsider brought intoit--and then only to the distaff side, by the wife of a younger brotherof the man who married into our family. Father spoke with the same lookon his face as when he asks important questions of witnesses at QuarterSessions.
"I should like some points elucidated." The attorney bowed (he gets his120 thou', any way, so he can afford to be oily--suave, I suppose hewould call it); so father looked at a slip of paper in his hand andasked: