"Admit the debt by no means; but certainly let her have her own as soon
as she proves what is her own," answered Mr. Worboise, smiling.
"But I give you my word, Mr. Worboise," said Mr. Sargent, doing his
best to keep his temper, "that I believe the woman's statement to be
perfectly true."
"I believe you, Mr. Sargent, but I do not believe the woman," returned
Mr. Worboise, again smiling.
"But you know it will not matter much, because, coming into this
property as you do, you can hardly avoid making some provision for
those so nearly related to the testator, and who were dependent upon
him during his lifetime. You cannot leave the old lady to starve."
"It will be time enough to talk about that when my rights are
acknowledged. Till then I decline to entertain the question."
There was a something in Mr. Worboise's manner, and an irrepressible
flash of his eye, that all but convinced Mr. Sargent that there was
nothing not in the bond to be got from him. He therefore left him, and
started a new objection in opposing the probate of the will. He argued
the probability of all or one or other of the daughters surviving the
father--that is, not of their being yet alive, but of their having
outlived him. Now this question, though plain as the alphabet to those
who are acquainted with law, requires some explanation to those who are
not, numbering possibly the greater part of my readers.
The property would come to Mr. Worboise only in the case of all
those mentioned in the will dying before Mr. Boxall. A man can only
will that which is his own at the time of his death. If he died
before any of his family, Mr. Worboise had nothing to do with it. It
went after the survivor's death to _her_ heirs. Hence if either of
the daughters survived father and mother, if only for one provable
moment, the property would be hers, and would go to her heir, namely,
her grandmother. So it would in any case, had not Mr. Worboise been
mentioned, except Mrs. Richard Boxall had survived her husband and
family, in which case the money would have gone to her nearest of
kin. This alternative, however, was not started, for both sides had
an equal interest in opposing it--and indeed the probable decision
upon probabilities would have been that the wife would die first. The
whole affair then turned upon the question: whether it was more likely
that Richard Boxall or every one of his daughters died first; in which
question it must be remembered that there was nothing cumulative in the
three daughters. He was as likely to die before or to survive all three
as any one of them, except individual reasons could be shown in regard
to one daughter which did not exist in regard to another.
Public-domain text, read in full here on John Shaqi.
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