“This case,” he said, as though he were giving judgment, “is,
doubtless, of a remarkable nature, and I cannot at the moment lay my
hand upon any authority bearing on the point—if, indeed, any such are
to be found. But I speak off-hand, and must not be held too closely to
the _obiter dictum_ of a _viva voce_ opinion. It seems to me that,
notwithstanding its peculiar idiosyncrasies, and the various ‘cruces’
that it presents, it will, upon closer examination, be found to fall
within those general laws that govern the legal course of testamentary
disposition. If I remember aright—I speak off-hand—the Act of 1. Vic.,
cap. 26, specifies that a will shall be in writing, and tattooing may
fairly be defined as a rude variety of writing. It is, I admit, usual
that writing should be done on paper or parchment, but I have no doubt
that the young lady’s skin, if carefully removed and dried, would make
excellent parchment. At present, therefore, it is parchment in its
green stage, and perfectly available for writing purposes.
“To continue. It appears—I am taking Mr. Meeson’s statement as being
perfectly accurate—that the will was properly and duly executed by the
testator, or rather by the person who tattooed in his presence and at
his command: a form of signature which is very well covered by the
section of the Act of 1. Vic., cap. 26. It seems, too, that the
witnesses attested in the presence of each other and of the testator.
It is true that there was no attestation clause: but the supposed
necessity for an attestation clause is one of those fallacies of the
lay mind which, perhaps, cluster more frequently and with a greater
persistence round questions connected with testamentary disposition
than those of any other branch of the law. Therefore, we must take the
will to have been properly executed in accordance with the spirit of
the statute.
“And now we come to what at present strikes me as the crux. The will is
undated. Does that invalidate it? I answer with confidence, no. And
mark: evidence—that of Lady Holmhurst—can be produced that this will
did not exist upon Miss Augusta Smithers previous to Dec. 19, on which
day the Kangaroo sank; and evidence can also be produced—that of Mrs.
Thomas—that it did exist on Christmas Day, when Miss Smithers was
rescued. It is, therefore, clear that it must have got upon her back
between Dec. 19 and Dec. 25.”
“Quite so, old fellow,” said Eustace, much impressed at this
coruscation of legal lore. “Evidently you are the man to tackle the
case. But, I say, what is to be done next? You see, I’m afraid it’s too
late. Probate has issued, whatever that may mean.”
Public-domain text, read in full here on John Shaqi.
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