"But perhaps he forgot all about it,--didn't remember that it was
there," persisted the youth, still clinging desperately to the lesser
Tutt. "And, if he hadn't would have torn it up."
"That might be equally true of the provisions of his will, might it
not?" countered the lawyer.
"But," squirmed Payson, struggling to recall Tutt's arguments,
previously so convincing, "he knew how a will ought to be executed and
as he deliberately neglected to execute the paper in a legal fashion,
isn't it fair to presume that he did not intend it to have any legal
force?"
"Yes," replied Mr. Tutt with entire equanimity, "I agree with you that
it is fair to assume that he did not intend it to have any legal
effect."
"Well, then!" exclaimed Payson exultantly.
"But," continued the lawyer, "that does not prove that he did not intend
it to have a moral effect,--and expect you to honor and respect his
wishes, just as if he had whispered them to you with his dying breath."
There was something in his demeanor which, while courteous, had a touch
of severity, that made Payson feel abashed. He perceived that he could
not afford to let Mr. Tutt think him a cad,--when he was really a C.J.
Fox. And in his mental floundering his brain came into contact with the
only logical straw in the entire controversy.
"Ah!" he said with an assumption of candor. "In that case I should know
positively that they were in fact my father's wishes."
"Exactly!" replied Mr. Tutt. "And you'd carry them out without a
moment's hesitation."
"Of course!" yielded Payson.
"Then the whole question is whether or not this paper does express a
wish of his. That problem is a real problem, and it is for you alone to
solve,--and, of course, you're under the disadvantage of having a
financial interest in the result, which makes it doubly hard."
"All the same," maintained the boy, "I want to be fair to myself."
"--And to him," added Mr. Tutt solemnly. "The fact that this wish is not
expressed in such a way as to be legally obligatory makes it all the
more binding. In a way, I suppose, that is your hard luck. You might,
perhaps, fight a provision in the will. You can't fight this--or
disregard it, either."
"I don't exactly see why this is any _more_ binding than a provision in
the will itself!" protested Payson.
Mr. Tutt threw his stogy into the fire and fumbled for another in the
long box on the library table.
"Maybe it isn't," he conceded, "but I've always liked that specious
anecdote attributed to Sheridan who paid his gambling debts and let his
tailor wait. You remember it, of course? When the tailor demanded the
reason for this Sheridan told him that a gambling debt was a debt of
honor and a tailor's bill was not, since his fortunate adversary at the
card table had only his promise to pay, whereas the tailor possessed an
action for an account which he could prosecute in the courts.
Public-domain text, read in full here on John Shaqi.
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