He sat down at the end of the big table in the centre of the room, and asked us to sit round. Father, of course, as Head of the Family, took the seat at his right hand. Sir Colin and St. Leger went to the other side, the former taking the seat next to the attorney. The General knows, of course, that a Baronet takes precedence at a ceremony. I may be a Baronet some day myself, and have to know these things.
The clerk took the key which his master handed to him, opened the tin box, and took from it a bundle of papers tied with red tape. This he placed before the attorney, and put the empty box behind him on the floor. Then he and the other man sat at the far end of the table; the latter took out a big notebook and several pencils, and put them before him. He was evidently a shorthand-writer. Mr. Trent removed the tape from the bundle of papers, which he placed a little distance in front of him. He took a sealed envelope from the top, broke the seal, opened the envelope, and from it took a parchment, in the folds of which were some sealed 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 outside page 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.’ This document”—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 our immediate understanding of the situation the total amount as two hundred and fifty thousand pounds. Many of the beneficiaries were old friends, comrades, dependents, and servants, some of them being left quite large sums 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 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: