"He was born on the 10th of June, 1859."
"Exactly. The late Mr. Varick determined, on the birth of your grandson, that the property should go over. His reasons for so determining are immaterial. Rufus K. Taintor, the ablest man, sir, that ever sat on the bench or addressed it, drew up the will at that time in accordance with instructions received. Some years later, Taintor died of apoplexy, and he died, too, as you doubtless remember, after the delivery of that famous speech in the Besalul divorce case. Well, sir, what I make of the matter is this. The late Mr. Varick, relying on Taintor's ability, and possessing possibly some smattering of law of his own, recopied the will every time the fancy took him to make minor alterations in the general distribution of the trust. Consequently his last will and testament, having been made since the passage of the law of 1860, is nugatory and void as to one-half the bequest, and your grandson may still come in for a very pretty sum."
"He ought to have it all," said Mr. Van Norden, decidedly.
"I don't dispute that, sir, in the least—and my opinion is that he will get it. This will is dated five days previous to Mr. Varick's demise. Now, according to the law of 1848, Chapter 319, and, if I remember rightly, Section 6, no such bequest as the deceased's is valid in any will which shall not have been made and executed at least two months before the death of the testator. That, sir, I consider an extremely wise bit of legislation. The law of 1860, which I quoted, vitiates the will as to one-half the bequest; the law of 1848 does away with the will altogether. Practically speaking, your son-in-law might just as well have died intestate. Though, between ourselves, if Mr. Varick had not been ignorant of these laws, and had not, in consequence of his ignorance, made a disposition of certain private documents the contents of which are easily guessed, your grandson would have merely a prima facie right to have the will set aside; for, if you remember, these laws were passed only to provide for the possible interests of a surviving husband, wife, or child."
He emphasized the last word, and, as his meaning grew clear to Mr. Van Norden, that gentleman got very red in the face. He rang the bell.
"Thank you, sir," he said. "I shall be indebted if you will send me your account. And I shall be particularly indebted if you will send it at your very earliest convenience. Henry, get this—this—get this gentleman his hat and see him to the street."
Unfortunately for those that practise, there are a great many more lawyers in New York than one. And before the last will and testament of Erastus Varick came up for probate, Mr. Van Norden experienced slight difficulty in retaining another attorney to defend Tristrem's interests. The matter, of course, was set down for a hearing, and came up on the calendar three months later.
Of the result of that hearing the reader has been already informed, and then it was that Tristrem was taxed with old-world folly.