‘I should think, Madam, that your evidence would be of the utmost importance to the case, and it was to advise with him chiefly as to the line of defence he ought to take that I came from Edinburgh.’
‘Nae doot, Sir, I could gie an evidence, and instruct on the merits of the interdict,’ said she learnedly; ‘but I ne’er hae yet been able to come to a right understanding anent and concerning the different aforesaids set forth in the respondent’s reclaiming petition. Noo, I would be greatly obligated if ye would expone to me the nice point, that I may be able to decern accordingly.’
The Writer to the Signet had never heard a clearer argument, either at the bar or on the bench, and he replied,—
‘Indeed, Mem, it lies in a very small compass. It appears that the heir-male of your eldest son is the rightful heir of entail; but there are so many difficulties in the terms of the settlement, that I should not be surprised were the Court to set the deed aside, in which case, Mrs. Milrookit would still retain the estate, as heir-at-law of her father.’
We must allow the reader to conceive with what feelings the Leddy heard this; but new and wonderful as it was felt to be, she still preserved her juridical gravity, and said,—
‘It’s vera true what ye say, Sir, that the heir-male of my eldest son,—is a son,—I can easily understand that point o’ law;—but can ye tell me how the heir-at-law of her father, Mrs. Milrookit that is, came to be a dochter, when it was ay the intent and purpose o’ my friend that’s awa, the testator, to make no provision but for heirs-male, which his heart, poor man, was overly set on. Howsever, I suppose that’s to be considered in the precognition!’
‘Certainly, Mem,’ replied the Writer to the Signet; ‘nothing is more clear than that your husband intended the estate to go, in the first instance, to the heirs-male of his sons; first to those of Walter, the second son; and failing them, to those of George, the third son; and failing them, then to go back to the heirs-male of Charles, the eldest son; and failing them, to the heirs-general of Margaret, your daughter. It is, therefore, perfectly clear, that Mrs. Milrookit being, as you justly observe, a daughter, the estate, according to the terms of the settlement, passes her, and goes to the heir of entail, who is the son of your eldest son.’
‘I understand that weel,’ said the Leddy; ‘it’s as plain as a pike-staff, that my oe Jamie, the soldier-officer, is by right the heir; and I dinna see how Walky Milrookit, or his wife Beenie, that is, according to law, Robina, can, by any decreet o’ Court, keep him out of his ain,—poor laddie!’
‘It is very natural for you, Mem, to say so; but the case has other points, and especially as the heir of entail is in the army, I certainly would not advise Mr. Milrookit to surrender.’
‘But he’ll be maybe counselled better,’ rejoined the Leddy, inwardly rejoicing at the discovery she had made, and anxious to get rid of the visitor, in order that she might act at once, ‘and if ye’ll tak my advice, ye’ll no sca’d your lips in other folks’ kail. Mr. Pitwinnoch is just as gude a Belzebub’s baby for a law-plea, as ony Writer to the Signet in that bottomless pit, the House o’ Parliament in Edinbrough; and since ye hae told me what ye hae done, it’s but right to let you ken what I’ll do. As yet I hae had but ae lawsuit, and I trow it was soon brought, by my own mediation, to a victory; but it winna be lang till I hae another; for if Milrookit does na consent, the morn’s morning, to gie up the Kittlestonheugh, he’ll soon fin’ again what it is to plea wi’ a woman o’ my experience.’