“Probate has issued!” echoed the great James, struggling with his
rising contempt; “and is the law so helpless that probate which has
been allowed to issue under an erroneous apprehension of the facts
cannot be recalled? Most certainly not! So soon as the preliminary
formalities are concluded, a writ must be issued to revoke the probate,
and claiming that the Court should pronounce in favour of the later
will; or, stay, there is no executor—there is no executor!—a very
important point—claiming a grant of letters of administration with the
will annexed: I think that will be the better course.”
“But how can you annex Miss Smithers to a ‘grant of letters of
administration,’ whatever that may mean?” said Eustace, feebly.
“That reminds me,” said James, disregarding the question and addressing
his brother, “you must at once file Miss Smithers in the registry, and
see to the preparation of the usual affidavit of scripts.”
“Certainly, certainly,” said John, as though this were the most simple
business in the world.
“What?” gasped Eustace, as a vision of Augusta impaled upon an enormous
bill-guard rose before his eyes. “You can’t file a lady; it’s
impossible!”
“Impossible or not, it must be done before any further steps are taken.
Let me see; I believe that Dr. Probate is the sitting Registrar at
Somerset House this sittings. It would be well if you made an
appointment for to-morrow.”
“Yes,” said John.
“Well,” went on James, “I think that is all for the present. You will,
of course, let me have the instructions and other papers with all
possible speed. I suppose that other counsel besides myself will be
ultimately retained?”
“Oh! that reminds me,” said Eustace; “about money, you know. I don’t
quite see how I am going to pay for all this game. I have got about
fifty pounds spare cash in the world, and that’s all: and I know enough
to be aware that fifty pounds do not go far in a lawsuit.”
Blankly James looked at John and John at James. This was very trying.
“Fifty pounds will go a good way in out-of-pocket fees,” suggested
James, at length, rubbing his bald head with his handkerchief.
“Possibly,” answered John, pettishly; “but how about the remuneration
of the plaintiff’s legal advisers? Can’t you”—addressing
Eustace—“manage to get the money from someone?”
“Well,” said Eustace, “there’s Lady Holmhurst. Perhaps if I offered to
share the spoil with her, if there was any.”
“Dear me, no,” said John; “that would be ‘maintenance.’”
“Certainly not,” chimed in James, holding up his hand in dismay. “Most
clearly it would be ‘Champerty’; and did it come to the knowledge of
the Court, nobody can say what might not happen.”
“Indeed,” answered Eustace, with a sigh, “I don’t quite know what you
mean, but I seem to have said something very wrong. The odds on a
handicap are child’s play to understand beside this law,” he added
sadly.
Public-domain text, read in full here on John Shaqi.
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