The lawyer’s only son, who had been a riotous youth, and a sore trouble to his father, was the suspected criminal. It was notorious that this young man had drawn heavily upon his parent from time to time. He did not like the honourable profession of the law, and, in order to accommodate his taste, Mr. Franklin had paid considerable premiums to men of repute in other professions; but the student, or apprentice, forfeited the money thus paid at different times for his benefit. He had twice robbed his father of large amounts. The lawyer’s patience and affection had apparently been exhausted some time before his death. The son, deprived of all allowance by which to sustain an idle life, was ultimately compelled to gain his living in a comparatively humble position, and when the father died he was earning a pound a week in a merchant’s counting-house. Mr. Franklin, junior, who lodged with his mother, heard of his loss as soon as that lady did. He at once threw up his engagement, under the vague belief that a fortune had been dropped into his lap. He practically took possession of the offices and the house of the deceased, and had abundant opportunities of getting rid of any document obnoxious to his interests. Uncharitable rumour, therefore, set down as fact that this young man, had ascertained that an indignant parent had cut him off with or without the proverbial shilling; that the missing will was the instrument by which his just punishment had been effected; that he had discovered the will, and in it his fate; and that, in order to get the benefit of the statutable distribution of the estate, he had destroyed both the document and the draft thereof.
About a fortnight after Mr. Franklin’s death I was instructed to probe the mystery of this lost will. It was chiefly desired that I should find the will itself; but that was thought a hopeless task. The next thing desired was, that I should get clear evidence of its former existence, its provisions, and bequests. It was also desired that I should get evidence enough to sustain a prosecution against the young man.
My task, which appeared almost hopeless, and not likely to be profitable, turned out short, easy, and satisfactory.
A brief investigation of overlooked circumstances informed me that Mr. Franklin had “protected” a young woman, who, in consequence thereof, bore him two children. This attachment he had managed to conceal from all his friends and acquaintances; and some of them were greatly scandalised at the discovery of such an offence against social morals. I called on this lady, and in my first interview went right through the mystery of the will’s concealment. The poor creature was awfully embarrassed by my inquiries, and immediately I thought it wise to let her know the real object of my visit, she fancied herself a delinquent. “Upon my word, sir,” she said, “I didn’t take it. He gave it me. He told me to keep it until he died, that it would be my only protection after his death, and that I was only to give it up to Mr. Thistlethwayte.” I saw the whole design of the late Mr. Franklin. I asked her to let me see it. She replied by an entreaty that I would not take it from her, for she asked, “What will become of me and my dear children if I lose it?” It was plain that the unsophisticated woman knew nothing of legal formalities, and hugged the paper as though its mere possession would obtain the money it set apart for her. I promised her that I would not deprive her of it; that I would certainly aid, rather than frustrate, the intentions of the father of her children. Of its contents she could know nothing beyond the general statement of the deceased—that all her future protection was bound up in its provisions. The will had been handed to her in a closed envelope. The wax was unbroken when she laid the packet before me.
How to act did not require a moment’s consideration on my part. It was not my duty, and it was repugnant to my feelings, to place this young woman at a disadvantage. In finding the will I had done more than was hoped for, and all that could be expected from me. I advised her at once to consult a respectable solicitor; and she went with me to the office of a gentleman in the neighbourhood—a total stranger to me, except by reputation.
The erring son of the deceased was cleared from suspicion; the will was proved at Doctor’s Commons, and the intentions of the testator were faithfully carried out.
One of the persons largely interested in the residuary estate of the deceased, which formed its bulk, was much grieved because of the depositary chosen by Mr. Franklin for the safe custody of his will. “It is not,” said this person, “as if he had left the creature a large sum of money. I don’t complain of the provision he has made for the unfortunate children, but he might have spared us the humiliation of asking her for the will. Why could he not have left that in the custody of some one of the respectable people to whom he has given the principal part of his fortune?”
The explanation was, “Why, don’t you see, my dear madam, that although the creature had but a small interest in the estate, that interest depended entirely upon the preservation of the document. As the bulk of the property was distributed by the testator nearly the same as the law would of itself have distributed it, he had small occasion to make a will at all, except to provide for the creature and her offspring. He chose the safest of all places in which he could deposit it, as of course he did not wish it destroyed by any of those respectable people, who would not have been much concerned if the mother and her little ones had been left absolute paupers.”
“Do you mean to suggest that either of us would have destroyed the document?”
“Certainly not; but I apprehend that the deceased thought it quite as well to preserve you all from temptation.”