"I wonder what are the conditions of that trust. They are as important--almost--as the amount of the bequest--whatever it is. By the way, there seems to be no mention in the will of a residuary legatee.
Ernest, my boy, we may have to fight over that."
"How do you make that out, father?" I asked. He had been very rude over the matter of the death-duties of his own estate, though it is entailed and I _must_ inherit. So I determined to let him see that I know a good deal more than he does--of law, at any rate. "I fear that when we come to look into it closely that dog won't fight. In the first place, that may be all arranged in the letter to St. Leger, which is a part of the Will. And if that letter should be inoperative by his refusal of the conditions (whatever they may be), then the letter to the attorney begins to work. What it is we don't know, and perhaps even he doesn't--I looked at it as well as I could--and we law men are trained to observation. But even if the instructions mentioned as being in Letter C fail, then the corpus of the Will gives full power to Trent to act just as he darn pleases. He can give the whole thing to himself if he likes, and no one can say a word. In fact, he is himself the final court of appeal."
"H'm!" said father to himself. "It is a queer kind of will, I take it, that can override the Court of Chancery. We shall perhaps have to try it before we are done with this!" With that he rose, and we walked home together--without saying another word.
My mother was very inquisitive about the whole thing--women always are.
Father and I between us told her all it was necessary for her to know. I think we were both afraid that, woman-like, she would make trouble for us by saying or doing something injudicious. Indeed, she manifested such hostility towards Rupert St. Leger that it is quite on the cards that she may try to injure him in some way. So when father said that he would have to go out shortly again, as he wished to consult his solicitor, I jumped up and said I would go with him, as I, too, should take advice as to how I stood in the matter.
_The Contents of Letter marked_ "_B_" _attached as an Integral Part to the Last Will of Roger Melton_.
_June_ 11, 1907.
"This letter an integral part of my Last Will regards the entire residue of my estate beyond the specific bequests made in the body of my Will. It is to appoint as Residuary Legatee of such Will--in case he may accept in due form the Conditions herein laid down--my dear Nephew Rupert Sent Leger only son of my sister Patience Melton now deceased by her marriage with Captain Rupert Sent Leger also now deceased. On his acceptance of the Conditions and the fulfilment of the first of them the Entire residue of my estate after payments of all specific Legacies and of all my debts and other obligations is to become his absolute property to be dealt with or disposed of as he may desire. The following are the conditions.
"1. He is to accept provisionally by letter addressed to my Executors a sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes or other imposts. This he will hold for a period of six months from the date of the Reading of my Last Will and have user of the accruements thereto calculated at the rate of ten per centum per annum which amount he shall under no circ.u.mstances be required to replace. At the end of said six months he must express in writing directed to the Executors of my Will his acceptance or refusal of the other conditions herein to follow. But if he may so choose he shall be free to declare in writing to the Executors within one week from the time of the Reading of the Will his wish to accept or to withdraw altogether from the responsibility of this Trust. In case of withdrawal he is to retain absolutely and for his own use the above-mentioned sum of nine hundred and ninety-nine thousand pounds sterling free of all Duties Taxes and imposts whatsoever making with the specific bequest of one thousand pounds a clear sum of one million pounds sterling free of all imposts. And he will from the moment of the delivery of such written withdrawal cease to have any right or interest whatsoever in the further disposition of my estate under this instrument. Should such written withdrawal be received by my Executors they shall have possession of such residue of my estate as shall remain after the payment of the above sum of nine hundred and ninety-nine thousand pounds sterling and the payment of all Duties Taxes a.s.sessments or Imposts as may be entailed by law by its conveyance to the said Rupert Sent Leger and these my Executors shall hold the same for the further disposal of it according to the instructions given in the letter marked C and which is also an integral part of my Last Will and Testament.
"2. If at or before the expiration of the six months above-mentioned the said Rupert Sent Leger shall have accepted the further conditions herein stated, he is to have user of the entire income produced by such residue of my estate the said income being paid to him Quarterly on the usual Quarter Days by the aforesaid Executors to wit Major General Sir Colin Alexander MacKelpie Bart. and Edward Bingham Trent to be used by him in accordance with the terms and conditions hereinafter mentioned.
"3. The said Rupert Sent Leger is to reside for a period of at least six months to begin not later than three months from the reading of my Will in the Castle of Vissarion in the Land of the Blue Mountains.
And if he fulfil the Conditions imposed on him and shall thereby become possessed of the residue of my estate he is to continue to reside there in part for a period of one year. He is not to change his British Nationality except by a formal consent of the Privy Council of Great Britain.
"At the end of a year and a half from the Reading of my Will he is to report in person to my Executors of the expenditure of amounts paid or due by him in the carrying out of the Trust and if they are satisfied that same are in general accord with the conditions named in above-mentioned letter marked C and which is an integral part of my Will they are to record their approval on such Will which can then go for final Probate and Taxation. On the Completion of which the said Rupert Sent Leger shall become possessed absolutely and without further act or need of the entire residue of my estate. In witness whereof, etc.
"(Signed) ROGER MELTON."
This doc.u.ment is attested by the witnesses to the Will on the same date.
(_Personal and Confidential_.)
MEMORANDA MADE BY EDWARD BINGHAM TRENT IN CONNECTION WITH THE WILL OF ROGER MELTON.
_January_ 3, 1907.
The interests and issues of all concerned in the Will and estate of the late Roger Melton of Openshaw Grange are so vast that in case any litigation should take place regarding the same, I, as the solicitor, having the carriage of the testator's wishes, think it well to make certain memoranda of events, conversations, etc., not covered by doc.u.mentary evidence. I make the first memorandum immediately after the event, whilst every detail of act and conversation is still fresh in my mind. I shall also try to make such comments thereon as may serve to refresh my memory hereafter, and which in case of my death may perhaps afford as opinions contemporaneously recorded some guiding light to other or others who may later on have to continue and complete the tasks entrusted to me.
I.
CONCERNING THE READING OF THE WILL OF ROGER MELTON.
When, beginning at 11 o'clock a.m. on this the forenoon of Thursday, the 3rd day of January, 1907, I opened the Will and read it in full, except the clauses contained in the letters marked "B" and "C"; there were present in addition to myself, the following:
1. Ernest Halbard Melton, J.P, nephew of the testator.
2. Ernest Roger Halbard Melton, son of the above.
3. Rupert Sent Leger, nephew of the testator.
4. Major-General Sir Colin Alexander MacKelpie, Bart., co-executor with myself of the Will.
5. Andrew Rossiter, my clerk, one of the witnesses of the testator's Will.
6. Alfred Nugent, stenographer (of Messrs. Castle's office, 21, Bream's Buildings, W.C.).
When the Will had been read, Mr. E. H. Melton asked the value of the estate left by the testator, which query I did not feel empowered or otherwise able to answer; and a further query, as to why those present were not shown the secret clauses of the Will. I answered by reading the instructions endorsed on the envelopes of the two letters marked "B" and "C," which were sufficiently explanatory.
But, lest any question should hereafter arise as to the fact that the memoranda in letters marked "B" and "C," which were to be read as clauses 10 and 11 of the Will, I caused Rupert Sent Leger to open the envelope marked "B" in the presence of all in the room. These all signed a paper which I had already prepared, to the effect that they had seen the envelope opened, and that the memorandum marked "B. To be read as clause ten of my Will," was contained in the envelope, of which it was to be the sole contents. Mr. Ernest Halbard Melton, J.P., before signing, carefully examined with a magnifying-gla.s.s, for which he had asked, both the envelope and the heading of the memorandum enclosed in the letter.
He was about to turn the folded paper which was lying on the table over, by which he might have been able to read the matter of the memorandum had he so desired. I at once advised him that the memorandum he was to sign dealt only with the heading of the page, and not with the matter. He looked very angry, but said nothing, and after a second scrutiny signed.
I put the memorandum in an envelope, which we all signed across the flap.
Before signing, Mr Ernest Halbard Melton took out the paper and verified it. I then asked him to close it, which he did, and when the sealing-wax was on it he sealed it with his own seal. Sir Colin A. MacKelpie and I also appended our own seals. I put the envelope in another, which I sealed with my own seal, and my co-executor and I signed it across the flap and added the date. I took charge of this. When the others present had taken their departure, my co-executor and I, together with Mr. Rupert Sent Leger, who had remained at my request, went into my private room.
Here Mr. Rupert Sent Leger read the memorandum marked "B," which is to be read as clause 10 of the Will. He is evidently a man of considerable nerve, for his face was quite impa.s.sive as he read the doc.u.ment, which conveyed to him (subject to the conditions laid down) a fortune which has no equal in amount in Europe, even, so far as I know, amongst the crowned heads. When he had read it over a second time he stood up and said:
"I wish I had known my uncle better. He must have had the heart of a king. I never heard of such generosity as he has shown me. Mr. Trent, I see, from the conditions of this memorandum, or codicil, or whatever it is, that I am to declare within a week as to whether I accept the conditions imposed on me. Now, I want you to tell me this: must I wait a week to declare?" In answer, I told him that the testator's intention was manifestly to see that he had full time to consider fully every point before making formal decision and declaration. But, in answer to the specific question, I could answer that he might make declaration when he would, provided it was _within_, or rather not after, the week named. I added:
"But I strongly advise you not to act hurriedly. So enormous a sum is involved that you may be sure that all possible efforts will be made by someone or other to dispossess you of your inheritance, and it will be well that everything shall be done, not only in perfect order, but with such manifest care and deliberation that there can be no question as to your intention."
"Thank you, sir," he answered; "I shall do as you shall kindly advise me in this as in other things. But I may tell you now--and you, too, my dear Sir Colin--that I not only accept my Uncle Roger's conditions in this, but that when the time comes in the other matters I shall accept every condition that he had in his mind--and that I may know of--in everything." He looked exceedingly in earnest, and it gave me much pleasure to see and hear him. It was just what a young man should do who had seen so generously treated. As the time had now come, I gave him the bulky letter addressed to him, marked "D" which I had in my safe. As I fulfilled my obligation in the matter, I said:
"You need not read the letter here. You can take it away with you, and read it by yourself at leisure. It is your own property, without any obligation whatever attached to it. By the way, perhaps it would be well if you knew. I have a copy sealed up in an envelope, and endorsed, 'To be opened if occasion should arise,' but not otherwise. Will you see me to-morrow, or, better still, dine with me alone here to-night? I should like to have a talk with you, and you may wish to ask me some questions."
He answered me cordially. I actually felt touched by the way he said good-bye before he went away. Sir Colin MacKelpie went with him, as Sent Leger was to drop him at the Reform.
_Letter from Roger Melton to Rupert Sent Leger_, _endorsed_ "_D. re Rupert Sent Leger_. _To be given to him by Edward Bingham Trent if and as soon as he has declared_ (_formally or informally_) _his intention of accepting the conditions named in Letter B._, _forming Clause_ 10 _in my Will_. _R. M._, 1/1/'07.
"_Mem._--Copy (sealed) left in custody of E. B. Trent, to be opened if necessary, as directed."
_June_ 11, 1906.
My Dear Nephew,
When (if ever) you receive this you will know that (with the exception of some definite bequests) I have left to you, under certain conditions, the entire bulk of my fortune--a fortune so great that by its aid as a help, a man of courage and ability may carve out for himself a name and place in history. The specific conditions contained in Clause 10 of my Will have to be observed, for such I deem to be of service to your own fortune; but herein I give my advice, which you are at liberty to follow or not as you will, and my wishes, which I shall try to explain fully and clearly, so that you may be in possession of my views in case you should desire to carry them out, or, at least, to so endeavour that the results I hope for may be ultimately achieved. First let me explain--for your understanding and your guidance--that the power, or perhaps it had better be called the pressure, behind the acc.u.mulation of my fortune has been ambition. In obedience to its compulsion, I toiled early and late until I had so arranged matters that, subject to broad supervision, my ideas could be carried out by men whom I had selected and tested, and not found wanting. This was for years to the satisfaction, and ultimately to the acc.u.mulation by these men of fortune commensurate in some measure to their own worth and their importance to my designs. Thus I had acc.u.mulated, whilst still a young man, a considerable fortune. This I have for over forty years used sparingly as regards my personal needs, daringly with regard to speculative investments. With the latter I took such very great care, studying the conditions surrounding them so thoroughly, that even now my schedule of bad debts or unsuccessful investments is almost a blank. Perhaps by such means things flourished with me, and wealth piled in so fast that at times I could hardly use it to advantage. This was all done as the forerunner of ambition, but I was over fifty years of age when the horizon of ambition itself opened up to me. I speak thus freely, my dear Rupert, as when you read it I shall have pa.s.sed away, and not ambition nor the fear of misunderstanding, nor even of scorn can touch me. My ventures in commerce and finance covered not only the Far East, but every foot of the way to it, so that the Mediterranean and all its opening seas were familiar to me. In my journeyings up and down the Adriatic I was always struck by the great beauty and seeming richness--native richness--of the Land of the Blue Mountains. At last Chance took me into that delectable region. When the "Balkan Struggle" of '90 was on, one of the great Voivodes came to me in secret to arrange a large loan for national purposes. It was known in financial circles of both Europe and Asia that I took an active part in the _haute politique_ of national treasuries, and the Voivode Vissarion came to me as to one able and willing to carry out his wishes. After confidential pour-parlers, he explained to me that his nation was in the throes of a great crisis. As you perhaps know, the gallant little Nation in the Land of the Blue Mountains has had a strange history. For more than a thousand years--ever since its settlement after the disaster of Rossoro--it had maintained its national independence under several forms of Government. At first it had a King whose successors became so despotic that they were dethroned.
Then it was governed by its Voivodes, with the combining influence of a Vladika somewhat similar in power and function to the Prince-Bishops of Montenegro; afterwards by a Prince; or, as at present, by an irregular elective Council, influenced in a modified form by the Vladika, who was then supposed to exercise a purely spiritual function. Such a Council in a small, poor nation did not have sufficient funds for armaments, which were not immediately and imperatively necessary; and therefore the Voivode Vissarion, who had vast estates in his own possession, and who was the present representative a family which of old had been leaders in the land, found it a duty to do on his own account that which the State could not do. For security as to the loan which he wished to get, and which was indeed a vast one, he offered to sell me his whole estate if I would secure to him a right to repurchase it within a given time (a time which I may say has some time ago expired). He made it a condition that the sale and agreement should remain a strict secret between us, as a widespread knowledge that his estate had changed hands would in all probability result in my death and his own at the hands of the mountaineers, who are beyond everything loyal, and were jealous to the last degree. An attack by Turkey was feared, and new armaments were required; and the patriotic Voivode was sacrificing his own great fortune for the public good. What a sacrifice this was he well knew, for in all discussions regarding a possible change in the Const.i.tution of the Blue Mountains it was always taken for granted that if the principles of the Const.i.tution should change to a more personal rule, his own family should be regarded as the Most n.o.ble. It had ever been on the side of freedom in olden time; before the establishment of the Council, or even during the rule of the Voivodes, the Vissarion had every now and again stood out against the King or challenged the Princedom. The very name stood for freedom, for nationality, against foreign oppression; and the bold mountaineers were devoted to it, as in other free countries men follow the flag.
Such loyalty was a power and a help in the land, for it knew danger in every form; and anything which aided the cohesion of its integers was a natural a.s.set. On every side other powers, great and small, pressed the land, anxious to acquire its suzerainty by any means--fraud or force. Greece, Turkey, Austria, Russia, Italy, France, had all tried in vain. Russia, often hurled back, was waiting an opportunity to attack. Austria and Greece, although united by no common purpose or design, were ready to throw in their forces with whomsoever might seem most likely to be victor. Other Balkan States, too, were not lacking in desire to add the little territory of the Blue Mountains to their more ample possessions.
Albania, Dalmatia, Herzegovina, Servia, Bulgaria, looked with l.u.s.tful eyes on the land, which was in itself a vast natural fortress, having close under its shelter perhaps the finest harbour between Gibraltar and the Dardanelles.
But the fierce, hardy mountaineers were unconquerable. For centuries they had fought, with a fervour and fury that nothing could withstand or abate, attacks on their independence. Time after time, century after century, they had opposed with dauntless front invading armies sent against them. This unquenchable fire of freedom had had its effect. One and all, the great Powers knew that to conquer that little nation would be no mean task, but rather that of a tireless giant. Over and over again had they fought with units against hundreds, never ceasing until they had either wiped out their foes entirely or seen them retreat across the frontier in diminished numbers.
For many years past, however, the Land of the Blue Mountains had remained una.s.sailable, for all the Powers and States had feared lest the others should unite against the one who should begin the attack.
At the time I speak of there was a feeling throughout the Blue Mountains--and, indeed, elsewhere--that Turkey was preparing for a war of offence. The objective of her attack was not known anywhere, but here there was evidence that the Turkish "Bureau of Spies" was in active exercise towards their st.u.r.dy little neighbour. To prepare for this, the Voivode Peter Vissarion approached me in order to obtain the necessary "sinews of war."
The situation was complicated by the fact that the Elective Council was at present largely held together by the old Greek Church, which was the religion of the people, and which had had since the beginning its destinies linked in a large degree with theirs. Thus it was possible that if a war should break out, it might easily become--whatever might have been its cause or beginnings--a war of creeds. This in the Balkans must be largely one of races, the end of which no mind could diagnose or even guess at.
I had now for some time had knowledge of the country and its people, and had come to love them both. The n.o.bility of Vissarion's self-sacrifice at once appealed to me, and I felt that I, too, should like to have a hand in the upholding of such a land and such a people. They both deserved freedom. When Vissarion handed me the completed deed of sale I was going to tear it up; but he somehow recognized my intention, and forestalled it. He held up his hand arrestingly as he said:
"I recognize your purpose, and, believe me, I honour you for it from the very depths of my soul. But, my friend, it must not be. Our mountaineers are proud beyond belief. Though they would allow me--who am one of themselves, and whose fathers have been in some way leaders and spokesmen amongst them for many centuries--to do all that is in my power to do--and what, each and all, they would be glad to do were the call to them--they would not accept aid from one outside themselves. My good friend, they would resent it, and might show to you, who wish us all so well, active hostility, which might end in danger, or even death. That was why, my friend, I asked to put a clause in our agreement, that I might have right to repurchase my estate, regarding which you would fain act so generously."
Thus it is, my dear nephew Rupert, only son of my dear sister, that I hereby charge you solemnly as you value me--as you value yourself--as you value honour, that, should it ever become known that that n.o.ble Voivode, Peter Vissarion, imperilled himself for his country's good, and if it be of danger or evil repute to him that even for such a purpose he sold his heritage, you shall at once and to the knowledge of the mountaineers--though not necessarily to others--reconvey to him or his heirs the freehold that he was willing to part with--and that he has _de facto_ parted with by the effluxion of the time during which his right of repurchase existed. This is a secret trust and duty which is between thee and me alone in the first instance; a duty which I have undertaken on behalf of my heirs, and which must be carried out, at whatsoever cost may ensue. You must not take it that it is from any mistrust of you or belief that you will fail that I have taken another measure to insure that this my cherished idea is borne out. Indeed, it is that the law may, in case of need--for no man can know what may happen after his own hand be taken from the plough--be complied with, that I have in another letter written for the guidance of others, directed that in case of any failure to carry out this trust--death or other--the direction become a clause or codicil to my Will. But in the meantime I wish that this be kept a secret between us two. To show you the full extent of my confidence, let me here tell you that the letter alluded to above is marked "C,"