"Affecting it in what respect?" I asked.
"In a very vital respect," answered Mr. Bellingham. "The bulk of the property he bequeathed to me, or if I predeceased him, to my daughter Ruth. But the bequest was subject to the condition that I have mentioned—that he should be buried in a certain place—and if that condition was not fulfilled, the bulk of the property was to go to my cousin, George Hurst."
"But in that case," said I, "as you can't produce the body, neither of you can get the property."
"I am not so sure of that," he replied. "If my brother is dead, it is pretty certain that he is not buried in St. George's or any of the other places mentioned, and the fact can easily be proved by production of the registers. So that a permission to presume death would result in the handing over to Hurst of almost the entire estate."
"Who is the executor?" I asked.
"Ah!" he exclaimed, "there is another muddle. There are two executors; Jellicoe is one, and the other is the principal beneficiary—Hurst or myself, as the case may be. But, you see, neither of us can become an executor until the Court has decided which of us is the principal beneficiary."
"But who is to apply to the Court? I thought that was the business of the executors."
"Exactly. That is Hurst's difficulty. We were discussing it when you called the other day, and a very animated discussion it was," he added, with a grim smile. "You see, Jellicoe naturally refuses to move in the matter alone. He says he must have the support of the other executor. But Hurst is not at present the other executor; neither am I. But the two of us together are the co-executor, since the duty devolves upon one or other of us, in any case."
"It's a complicated position," I said.
"It is; and the complication has elicited a very curious proposal from Hurst. He points out—quite correctly, I am afraid—that as the conditions as to burial have not been complied with, the property must come to him, and he proposes a very neat little arrangement, which is this: That I shall support him and Jellicoe in their application for permission to presume death and administer the will, and that he shall pay me four hundred a year for life; the arrangement to hold good in all eventualities."