"But even so," I said, "if this man had a hankering for a freehold residence in some particular bone-yard, he might have gone about the business in a more reasonable way."
"There I am entirely with you," Thorndyke replied. "It is the absurd way in which this provision is worded that not only creates all the trouble but also makes the whole document so curiously significant in view of the testator's disappearance."
"How significant?" Jervis demanded eagerly.
"Let us consider the provisions of the will point by point," said Thorndyke; "and first note that the testator commanded the services of a very capable lawyer."
"But Mr. Jellicoe disapproved of the will," said I; "in fact, he protested strongly against the form of it."
"We will bear that in mind, too," Thorndyke replied. "And now with reference to what we may call the contentious clauses: the first thing that strikes us is their preposterous injustice. Godfrey's inheritance is made conditional on a particular disposal of the testator's body. But this is a matter not necessarily under Godfrey's control. The testator might have been lost at sea, or killed in a fire or explosion, or have died abroad and been buried where his grave could not be identified. There are numerous probable contingencies besides the improbable one that has happened, that might prevent the body from being recovered.
"But even if the body had been recovered, there is another difficulty. The places of burial in the parishes named have all been closed for many years. It would be impossible to reopen any of them without a special faculty, and I doubt whether such a faculty would be granted. Possibly cremation might meet the difficulty, but even that is doubtful; and, in any case, the matter would not be in the control of Godfrey Bellingham. Yet, if the required interment should prove impossible, he is to be deprived of his legacy."
"It is a monstrous and absurd injustice," I exclaimed.
"It is," Thorndyke agreed; "but this is nothing to the absurdity that comes to light when we consider clauses two and three in detail. Observe that the testator presumably wished to be buried in a certain place; also he wished that his brother should benefit under the will. Let us take the first point and see how he has set about securing the accomplishment of what he desired. Now, if we read clauses two and three carefully, we shall see that he has rendered it virtually impossible that his wishes can be carried out. He desires to be buried in a certain place and makes Godfrey responsible for his being so buried. But he gives Godfrey no power or authority to carry out the provision, and places insuperable obstacles in his way. For until Godfrey is an executor, he has no power or authority to carry out the provisions: and until the provisions are carried out, he does not become an executor."