‘Why does he not show it then, and be d-d to him!’ said the military gentleman, whose patience began to wax threadbare.
‘Why, how should I know?’ answered the barrister; ‘why does a cat not kill a mouse when she takes him? The consciousness of power and the love of teasing, I suppose. Well, Mr. Protocol, what say you to that deed?’
‘Why, Mr. Pleydell, the deed is a well-drawn deed, properly authenticated and tested in forms of the statute.’
‘But recalled or superseded by another of posterior date in your possession, eh?’ said the Counsellor.
‘Something of the sort, I confess, Mr. Pleydell,’ rejoined the man of business, producing a bundle tied with tape, and sealed at each fold and ligation with black wax. ‘That deed, Mr. Pleydell, which you produce and found upon, is dated 1st June 17--; but this (breaking the seals and unfolding the document slowly) is dated the 20th--no, I see it is the 21st--of April of this present year, being ten years posterior.’
‘Marry, hang her, brock!’ said the Counsellor, borrowing an exclamation from Sir Toby Belch; ‘just the month in which Ellangowan’s distresses became generally public. But let us hear what she has done.’
Mr. Protocol accordingly, having required silence, began to read the settlement aloud in a slow, steady, business-like tone. The group around, in whose eyes hope alternately awakened and faded, and who were straining their apprehensions to get at the drift of the testator’s meaning through the mist of technical language in which the conveyance had involved it, might have made a study for Hogarth.
The deed was of an unexpected nature. It set forth with conveying and disponing all and whole the estate and lands of Singleside and others, with the lands of Loverless, Liealone, Spinster’s Knowe, and heaven knows what beside, ‘to and in favours of (here the reader softened his voice to a gentle and modest piano) Peter Protocol, clerk to the signet, having the fullest confidence in his capacity and integrity--these are the very words which my worthy deceased friend insisted upon my inserting--but in TRUST always (here the reader recovered his voice and style, and the visages of several of the hearers, which had attained a longitude that Mr. Mortcloke might have envied, were perceptibly shortened)--in TRUST always, and for the uses, ends, and purposes hereinafter mentioned.’
In these ‘uses, ends, and purposes’ lay the cream of the affair. The first was introduced by a preamble setting forth that the testatrix was lineally descended from the ancient house of Ellangowan, her respected great-grandfather, Andrew Bertram, first of Singleside, of happy memory, having been second son to Allan Bertram, fifteenth Baron of Ellangowan. It proceeded to state that Henry Bertram, son and heir of Godfrey Bertram, now of Ellangowan, had been stolen from his parents in infancy, but that she, the testatrix, WAS WELL ASSURED THAT HE WAS YET ALIVE IN FOREIGN PARTS, AND BY THE PROVIDENCE OF HEAVEN WOULD BE RESTORED TO THE POSSESSIONS OF HIS ANCESTORS, in which case the said Peter Protocol was bound and obliged, like as he bound and obliged himself, by acceptance of these presents, to denude himself of the said lands of Singleside and others, and of all the other effects thereby conveyed (excepting always a proper gratification for his own trouble), to and in favour of the said Henry Bertram, upon his return to his native country. And during the time of his residing in foreign parts, or in case of his never again returning to Scotland, Mr. Peter Protocol, the trustee, was directed to distribute the rents of the land, and interest of the other funds (deducting always a proper gratification for his trouble in the premises), in equal portions, among four charitable establishments pointed out in the will. The power of management, of letting leases, of raising and lending out money, in short, the full authority of a proprietor, was vested in this confidential trustee, and, in the event of his death, went to certain official persons named in the deed. There were only two legacies; one of a hundred pounds to a favourite waiting-maid, another of the like sum to Janet Gibson (whom the deed stated to have been supported by the charity of the testatrix), for the purpose of binding her an apprentice to some honest trade.
A settlement in mortmain is in Scotland termed a mortification, and in one great borough (Aberdeen, if I remember rightly) there is a municipal officer who takes care of these public endowments, and is thence called the Master of Mortifications. One would almost presume that the term had its origin in the effect which such settlements usually produce upon the kinsmen of those by whom they are executed. Heavy at least was the mortification which befell the audience who, in the late Mrs. Margaret Bertram’s parlour, had listened to this unexpected destination of the lands of Singleside. There was a profound silence after the deed had been read over.