"I have no fear--at least I hope Mr. Stopper will be able to prove it. There will be evidence enough of the interest paid."
"As interest, Mr. Sargent? I suspect it will turn out to be only an annuity that the good fellow allowed her, notwithstanding the reasons he must have had for omitting her name from his will."
"I confess this much to you, Mr. Worboise--that our cause is so far from promising that I should advise Mrs. Boxall to be content with her own, and push the case no further."
"Quite right, Mr. Sargent. The most prudent advice you can give her."
"You will then admit the debt, and let the good woman have her own?"
"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.