fact; and, taken by itself, there is certainly nothing here to cause me
to disbelieve the evidence of Miss Smithers.
“One question only seems to me to remain. Is there anything to show
that the testator was not, at the time of the execution of the will, of
a sound and disposing mind? and is there anything in his conduct or
history to render the hypothesis of his having executed his will so
improbable that the Court should take the improbability into account?
As to the first point, I can find nothing. Miss Smithers expressly
swore that it was not the case; nor was her statement shaken by a very
searching cross-examination. She admitted, indeed, that shortly before
death he wandered in his mind, and thought that he was surrounded by
the shades of authors waiting to be revenged upon him. But it is no
uncommon thing for the mind thus to fail at the last, and it is not
extraordinary that this dying man should conjure before his brain the
shapes of those with some of whom he appears to have dealt harshly
during his life. Nor do I consider it in any way impossible that when
he felt his end approaching he should have wished to reverse the
sentence of his anger, and restore his nephew, whose only offence had
been a somewhat indiscreet use of the language of truth, the
inheritance to vast wealth of which he had deprived him. Such a course
strikes me as being a most natural and proper one, and perfectly in
accordance with the first principles of human nature. The whole tale is
undoubtedly of a wild and romantic order, and once again illustrates
the saying that ‘truth is stranger than fiction.’ But I have no choice
but to accept the fact that the deceased did, by means of tattooing,
carried out by his order, legally execute his true last will in favour
of his next-of-kin, Eustace H. Meeson, upon the shoulders of Augusta
Smithers, on or about the 22nd day of December, 1885. This being so, I
pronounce for the will propounded by the plaintiff, and there will be a
grant as prayed.”
“With costs, my Lord?” asked James, rising.
“No, I am not inclined to go that length. This litigation has arisen
through the testator’s own act, and the estate must bear the burden.”
“If your Lordship pleases,” said James, and sat down.
“Mr. Short,” said the Judge, clearing his throat, “I do not often speak
in such a sense, but I do feel called upon to compliment you upon the
way in which you have, single-handed, conducted this case—in some ways
one of the strangest and most important that has ever come before
me—having for your opponents so formidable an array of learned
gentlemen. The performance would have been creditable to anybody of
greater experience and longer years; as it is, I believe it to be
unprecedented.”
James turned colour, bowed, and sat down, knowing that he was a made
man, and that it would be his own fault if his future career at the Bar
was not now one of almost unexampled prosperity.
CHAPTER XXII.
ST. GEORGE’S, HANOVER-SQUARE.
Public-domain text, read in full here on John Shaqi.
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