Were Herbert to die intestate, as his father had done, his second brother John, according to the old law, could have stepped into his shoes and become lord of Burnley Hall and all its broad acres.
But, alive to the peril of his situation, which the surgeon with tears in his eyes pointed out to him, the dying man sent at once for his solicitor, and a will was drawn up and placed in this lawyer's hands, and moreover he was appointed one of the executors. This will was to be kept in a safe until Peggy should be seventeen years of age, when it was to be opened and read.
I must tell you that between the brothers Herbert and John there had long existed a sort of blood-feud, and it was as well they never met.
Thomas, however, was quickly at his wounded brother's bedside, and never left it until--
"Clay-cold Death had closed his eye".
The surgeon had never given any hopes, yet during the week that intervened between the terrible accident and Herbert's death there were many hours in which the doomed man appeared as well as ever, though scarce able to move hand or foot. His mind was clear at such times, and he talked much with Thomas about the dear old times when all were young.
Up till now this youngest son and brother, Thomas, had led rather an uneasy and eventful life. Nothing prospered with him, though he had tried most things.
He was married, and had the one child, Roland, to whom the reader has already been introduced.
"Now, dear Tom," said Herbert, one evening after he had lain still with closed eyes for quite a long time, and he placed a white cold hand in that of his brother as he spoke, "I am going to leave you. We have always been good friends and loved each other well. All I need tell you now, and I tell you in confidence, is that Peggy, at the age of seventeen, will be my heir, with you, dear Tom, as her guardian."
Tom could not reply for the gathering tears. He just pressed Herbert's hand in silence.