Chapter 3

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 bundle
in 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. I
shall ask you, Sir Colin, to remain with me, as we have to deal with some
matters, 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 is
necessary that you should open it in the presence of the executors, but
there is no necessity that anyone else should be present."

The first to speak was my father. Of course, as a county gentleman of
position and estate, who is sometimes asked to take the chair at
Sessions--of course, when there is not anyone with a title present--he
found himself under the duty of expressing himself first. Old MacKelpie
has superior rank; but this was a family affair, in which my father is
Head of the House, whilst old MacKelpie is only an outsider brought into
it--and then only to the distaff side, by the wife of a younger brother
of the man who married into our family. Father spoke with the same look
on his face as when he asks important questions of witnesses at Quarter
Sessions.

"I should like some points elucidated." The attorney bowed (he gets his
120 thou', any way, so he can afford to be oily--suave, I suppose he
would call it); so father looked at a slip of paper in his hand and
asked:

"How much is the amount of the whole estate?"

The attorney answered quickly, and I thought rather rudely. He was red
in the face, and didn't bow this time; I suppose a man of his class
hasn't more than a very limited stock of manners:

"That, sir, I am not at liberty to tell you. And I may say that I would
not if I could."

"Is it a million?" said father again. He was angry this time, and even
redder than the old attorney. The attorney said in answer, very quietly
this time:

"Ah, that's cross-examining. Let me say, sir, that no one can know that
until the accountants to be appointed for the purpose have examined the
affairs of the testator up to date."

Mr. Rupert St. Leger, who was looking all this time angrier than even the
attorney or my father--though at what he had to be angry about I can't
imagine--struck his fist on the table and rose up as if to speak, but as
he caught sight of both old MacKelpie and the attorney he sat down again.
_Mem._--Those three seem to agree too well. I must keep a sharp eye on
them. I didn't think of this part any more at the time, for father asked
another question which interested me much:

"May I ask why the other matters of the Will are not shown to us?" The
attorney wiped his spectacles carefully with a big silk bandanna
handkerchief before he answered:

"Simply because each of the two letters marked 'B' and 'C' is enclosed
with instructions regarding their opening and the keeping secret of their
contents. I shall call your attention to the fact that both envelopes
are sealed, and that the testator and both witnesses have signed their
names across the flap of each envelope. I shall read them. The letter
marked 'B,' directed to 'Rupert Sent Leger,' is thus endorsed:

"'This letter is to be given to Rupert Sent Leger by the Trustees and
is to be opened by him in their presence. He is to take such copy or
make such notes as he may wish and is then to hand the letter with
envelope to the Executors who are at once to read it, each of them
being entitled to make copy or notes if desirous of so doing. The
letter is then to be replaced in its envelope and letter and envelope
are to be placed in another envelope to be endorsed on outside as to
its contents and to be signed across the flap by both the Executors
and by the said Rupert Sent Leger.

"'(Signed) ROGER MELTON 1/6/'06.

"The letter marked 'C,' directed to 'Edward Bingham Trent,' is thus
endorsed:

"'This letter directed to Edward Bingham Trent is to be kept by him
unopened for a term of two years after the reading of my Last Will
unless said period is earlier terminated by either the acceptance or
refusal of Rupert Sent Leger to accept the conditions mentioned in my
letter to him marked 'B' which he is to receive and read in the
presence of my Executors at the same meeting as but subsequent to the
Reading of the clauses (except those to be ultimately numbers ten and
eleven) of my Last Will. This letter contains instructions as to
what both the Executors and the said Rupert Sent Leger are to do when
such acceptance or refusal of the said Rupert Sent Leger has been
made known, or if he omit or refuse to make any such acceptance or
refusal, at the end of two years next after my decease.

"'(Signed) ROGER MELTON 1/6/'06.'"

When the attorney had finished reading the last letter he put it
carefully in his pocket. Then he took the other letter in his hand, and
stood up. "Mr. Rupert Sent Leger," he said, "please to open this letter,
and in such a way that all present may see that the memorandum at top of
the contents is given as--

"'B. To be read as clause ten of my Will.'"

St. Leger rolled up his sleeves and cuffs just as if he was going to
perform some sort of prestidigitation--it was very theatrical and
ridiculous--then, his wrists being quite bare, he opened the envelope and
took out the letter. We all saw it quite well. It was folded with the
first page outward, and on the top was written a line just as the
attorney said. In obedience to a request from the attorney, he laid both
letter and envelope on the table in front of him. The clerk then rose
up, and, after handing a piece of paper to the attorney, went back to his
seat. Mr. Trent, having written something on the paper, asked us all who
were present, even the clerk and the shorthand man, to look at the
memorandum on the letter and what was written on the envelope, and to
sign the paper, which ran:

"We the signatories of this paper hereby declare that we have seen the
sealed letter marked B and enclosed in the Will of Roger Melton opened in
the presence of us all including Mr. Edward Bingham Trent and Sir Colin
Alexander MacKelpie and we declare that the paper therein contained was
headed 'B. To be read as clause ten of my Will' and that there were no
other contents in the envelope. In attestation of which we in the
presence of each other append our signatures."

The attorney motioned to my father to begin. Father is a cautious man,
and he asked for a magnifying-glass, which was shortly brought to him by
a clerk for whom the clerk in the room called. Father examined the
envelope all over very carefully, and also the memorandum at top of the
paper. Then, without a word, he signed the paper. Father is a just man.
Then we all signed. The attorney folded the paper and put it in an
envelope. Before closing it he passed it round, and we all saw that it
had not been tampered with. Father took it out and read it, and then put
it back. Then the attorney asked us all to sign it across the flap,
which we did. Then he put the sealing-wax on it and asked father to seal
it with his own seal. He did so. Then he and MacKelpie sealed it also
with their own seals, Then he put it in another envelope, which he sealed
himself, and he and MacKelpie signed it across the flap.

Then father stood up, and so did I. So did the two men--the clerk and
the shorthand writer. Father did not say a word till we got out into the
street. We walked along, and presently we passed an open gate into the
fields. He turned back, saying to me:

"Come in here. There is no one about, and we can be quiet. I want to
speak to you." When we sat down on a seat with none other near it,
father said:

"You are a student of the law. What does all that mean?" I thought it a
good occasion for an epigram, so I said one word:

"Bilk!"

"H'm!" said father; "that is so far as you and I are concerned. You with
a beggarly ten thousand, and I with twenty. But what is, or will be, the
effect of those secret trusts?"

"Oh, that," I said, "will, I dare say, be all right. Uncle Roger
evidently did not intend the older generation to benefit too much by his
death. But he only gave Rupert St. Leger one thousand pounds, whilst he
gave me ten. That looks as if he had more regard for the direct line.
Of course--" Father interrupted me:

"But what was the meaning of a further sum?"

"I don't know, father. There was evidently some condition which he was
to fulfil; but he evidently didn't expect that he would. Why, otherwise,
did he leave a second trust to Mr. Trent?"

"True!" said father. Then he went on: "I wonder why he left those
enormous sums to Trent and old MacKelpie. They seem out of all
proportion as executors' fees, unless--"

"Unless what, father?"

"Unless the fortune he has left is an enormous one. That is why I
asked."

"And that," I laughed, "is why he refused to answer."

"Why, Ernest, it must run into big figures."

"Right-ho, father. The death-duties will be annoying. What a beastly
swindle the death-duties are! Why, I shall suffer even on your own
little estate . . . "

"That will do!" he said curtly. Father is so ridiculously touchy. One
would think he expects to live for ever. Presently he spoke again:

"I wonder what are the conditions of that trust. They are as
important--almost--as the amount of the bequest--whatever it is. By the
way, there seems to be no mention in the will of a residuary legatee.
Ernest, my boy, we may have to fight over that."

"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," which were to be read as clauses
10 and 11 of the Will, I caused Rupert Sent Leger to open the envelope
marked "B" in the presence of all in the room. These all signed a paper
which I had already prepared, to the effect that they had seen the
envelope opened, and that the memorandum marked "B. To be read as clause
ten of my Will," was contained in the envelope, of which it was to be the
sole contents. Mr. Ernest Halbard Melton, J.P., before signing,
carefully examined with a magnifying-glass, for which he had asked, both
the envelope and the heading of the memorandum enclosed in the letter.
He was about to turn the folded paper which was lying on the table over,
by which he might have been able to read the matter of the memorandum had
he so desired. I at once advised him that the memorandum he was to sign
dealt only with the heading of the page, and not with the matter. He
looked very angry, but said nothing, and after a second scrutiny signed.
I put the memorandum in an envelope, which we all signed across the flap.
Before signing, Mr Ernest Halbard Melton took out the paper and verified
it. I then asked him to close it, which he did, and when the sealing-wax
was on it he sealed it with his own seal. Sir Colin A. MacKelpie and I
also appended our own seals. I put the envelope in another, which I
sealed with my own seal, and my co-executor and I signed it across the
flap and added the date. I took charge of this. When the others present
had taken their departure, my co-executor and I, together with Mr. Rupert
Sent Leger, who had remained at my request, went into my private room.

Here Mr. Rupert Sent Leger read the memorandum marked "B," which is to be
read as clause 10 of the Will. He is evidently a man of considerable
nerve, for his face was quite impassive as he read the document, which
conveyed to him (subject to the conditions laid down) a fortune which has
no equal in amount in Europe, even, so far as I know, amongst the crowned
heads. When he had read it over a second time he stood up and said:

"I wish I had known my uncle better. He must have had the heart of a
king. I never heard of such generosity as he has shown me. Mr. Trent, I
see, from the conditions of this memorandum, or codicil, or whatever it
is, that I am to declare within a week as to whether I accept the
conditions imposed on me. Now, I want you to tell me this: must I wait a
week to declare?" In answer, I told him that the testator's intention
was manifestly to see that he had full time to consider fully every point
before making formal decision and declaration. But, in answer to the
specific question, I could answer that he might make declaration when he
would, provided it was _within_, or rather not after, the week named. I
added:

"But I strongly advise you not to act hurriedly. So enormous a sum is
involved that you may be sure that all possible efforts will be made by
someone or other to dispossess you of your inheritance, and it will be
well that everything shall be done, not only in perfect order, but with
such manifest care and deliberation that there can be no question as to
your intention."

"Thank you, sir," he answered; "I shall do as you shall kindly advise me
in this as in other things. But I may tell you now--and you, too, my
dear Sir Colin--that I not only accept my Uncle Roger's conditions in
this, but that when the time comes in the other matters I shall accept
every condition that he had in his mind--and that I may know of--in
everything." He looked exceedingly in earnest, and it gave me much
pleasure to see and hear him. It was just what a young man should do who
had seen so generously treated. As the time had now come, I gave him the
bulky letter addressed to him, marked "D" which I had in my safe. As I
fulfilled my obligation in the matter, I said:

"You need not read the letter here. You can take it away with you, and
read it by yourself at leisure. It is your own property, without any
obligation whatever attached to it. By the way, perhaps it would be well
if you knew. I have a copy sealed up in an envelope, and endorsed, 'To
be opened if occasion should arise,' but not otherwise. Will you see me
to-morrow, or, better still, dine with me alone here to-night? I should
like to have a talk with you, and you may wish to ask me some questions."
He answered me cordially. I actually felt touched by the way he said
good-bye before he went away. Sir Colin MacKelpie went with him, as Sent
Leger was to drop him at the Reform.

_Letter from Roger Melton to Rupert Sent Leger_, _endorsed_ "_D. re
Rupert Sent Leger_. _To be given to him by Edward Bingham Trent if and
as soon as he has declared_ (_formally or informally_) _his intention of
accepting the conditions named in Letter B._, _forming Clause_ 10 _in my
Will_. _R. M._, 1/1/'07.

"_Mem._--Copy (sealed) left in custody of E. B. Trent, to be opened if
necessary, as directed."

_June_ 11, 1906.

My Dear Nephew,

When (if ever) you receive this you will know that (with the
exception of some definite bequests) I have left to you, under
certain conditions, the entire bulk of my fortune--a fortune so great
that by its aid as a help, a man of courage and ability may carve out
for himself a name and place in history. The specific conditions
contained in Clause 10 of my Will have to be observed, for such I
deem to be of service to your own fortune; but herein I give my
advice, which you are at liberty to follow or not as you will, and my
wishes, which I shall try to explain fully and clearly, so that you
may be in possession of my views in case you should desire to carry
them out, or, at least, to so endeavour that the results I hope for
may be ultimately achieved.