Mr. North seized the hoe that was resting beside the bench, and struck
it lightly on the ground. Meaning no doubt to give emphasis to his
words. Bessy Rane passed from the subject of the strike to that which
more immediately concerned her.
"Richard is honest, papa; he would never say what he did not think;
but he may be mistaken sometimes. I _cannot_ understand how he can
think the Ticknells right in refusing to let us have the money. If
there were the slightest, smallest reason for their keeping it back,
it would be different: but there is none."
"See here, Bessy. If they go by the strict letter of the law, they
cannot do it. The tontine deed was drawn up as tightly as any deed can
be: it expressly says that nine of the members must be dead, and only
the tenth remaining, before the money can be withdrawn from its
investment. The Ticknells can't get over this."
"Papa--forgive me--you should not say can't, but won't," spoke Mrs.
Rane. "They can do it if they please; there is nothing to prevent it.
All power lies with them; they are responsible to none. If they paid
over the money to Oliver tomorrow, not an individual in the whole
world could call them to account for it. The strictest judge on the
bench could not say to them afterwards, You have paid away money that
you had no right to pay."
"Stop, Bessy--that's just where the weak point lies. The Ticknells say
that if they parted with the money now, they might be called upon
again for it at some future time."
Bessy sat in amazement. "Why! How could that be?"
"Dick put it somehow in this way, my dear: that is, Thomas Ticknell
put it to him. If you should die, Bessy, leaving your husband a
widower with children: or, for the matter of that, if he should die,
leaving you with some: those children might come upon the Ticknells
for the money over again. Or Rane might come upon them, if he were the
one left; or you, if you were. It was in that way, I think Dick said;
but my memory is not as clear as it used to be."
"As if we should be so dishonourable! Besides--there could be no
possibility of claiming the money twice over. Having received it once,
the Ticknells would hold our receipt for it."
Mr. North shook his head. "The law is full of quips and quibbles,
Bessy. If the trustees paid over this money to you and your husband
now, contrary to the provisions of the tontine deed, I suppose it is
at least a nice question whether the survivor could not compel them to
pay it again."
Bessy held her breath. "Do _you_ think they could be compelled, papa?"
"Well, I don't know, Bessy. I fancy perhaps they might be. Dick says
they are right, as prudent men, to refuse. One thing you and Oliver
may rest assured of, my dear--that, under the doubt, the Ticknells
will never be persuaded to do it as long as oak and ash grow."
Public-domain text, read in full here on John Shaqi.
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