Custody of children -- Fiction; United States -- Social life and customs -- 20th century -- Fiction; Women -- Fiction
It was in her mind to ask him further questions, but he forestalled
them.
"You'd better go home now, child, and think no more about it for a
while. I will see Mr. De Jarnette and arrange to go with you to his
office to-morrow."
This meeting never took place. Judge Kirtley went to Margaret's home
just before night to tell her that Mr. De Jarnette had declined to talk
it over with her. It could be settled much more satisfactorily with her
attorney, he had said.
"I never expected him to do it," Margaret said, shaking as with a chill.
"Judge Kirtley, what does it mean? Why does he shun me so?"
"My own idea, Margaret, is that he is afraid to risk talking it over
with you for fear of having his resolution broken down by your tears."
"I should never go to him with tears!" said Margaret, with flashing
eyes.
"I think perhaps it is just as well for you not to go," remarked Judge
Kirtley, prudently. "I believe time will bring it right anyway. And
don't let your fears run away with you, Margaret. He wouldn't think of
doing anything except according to law--and the law is always
deliberate. After the will is filed, with petition for probate, several
weeks will have to elapse before it can be settled, even if it is
settled satisfactorily to all concerned. If we find there is going to be
trouble this will give us time to decide upon our line of procedure. We
may have to contest the will."
"On the ground that it is unjust?"
"No. A will can be contested in the probate court only on the ground
that the testator was of unsound mind and hence incapable of making a
will, or that he was unduly influenced. By the way, have you ever seen
anything in your husband that would lead you to think that he might be
of unsound mind?"
"No," said Margaret, after a moment's thought, "not a thing. He was very
passionate, but otherwise perfectly sane."
"Hm-m. And have you any reason to think that Mr. Richard De Jarnette
would have tried to influence him in the making of this will?"
"No. I am sure he would never have done it. It would not have been in
the least like him."
"Well, Margaret," said the Judge, dryly, "I think I will not call you as
a witness in this case just yet ... It seems to me that the unsound mind
theory might be successful, in spite of what you say. These fits of
passion that you speak of--anger is a short-lived madness, you know--the
fact that his mother did some unexplained things; and then his
unaccountable desertion of you--well, we will see."
"It seems to me," said Margaret, rather timidly, "that the plea that the
will is unjust is so much more forcible than any other. Anybody can see
that without argument. It is self-evident."
"Very true, but the law recognizes only these two reasons for setting
aside a will. Unfortunately the laws of this District permit a man to
make just such a will. It remains for us only to prove that he was
mentally incapable of making one at all, or, as I said, that he was
unduly influenced."
Public-domain text, read in full here on John Shaqi.
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