"If Jellicoe had been an interested party," said Jervis, "one would have suspected him of lying low. But the form of clause two doesn't affect him at all."
"No," said Thorndyke; "the person who stands to profit by the muddle is George Hurst. But we understand that he was unacquainted with the terms of the will, and there is certainly nothing to suggest that he is in any way responsible for it."
"The practical question is," said I, "what is going to happen? and what can be done for the Bellinghams?"
"The probability is," Thorndyke replied, "that the next move will be made by Hurst. He is the party immediately interested. He will probably apply to the Court for permission to presume death and administer the will."
"And what will the Court do?"
Thorndyke smiled drily. "Now you are asking a very pretty conundrum. The decisions of Courts depend on idiosyncrasies of temperament that no one can foresee. But one may say that a Court does not lightly grant permission to presume death. There will be a rigorous inquiry--and a decidedly unpleasant one, I suspect--and the evidence will be reviewed by the judge with a strong predisposition to regard the testator as being still alive. On the other hand, the known facts point very distinctly to the probability that he is dead; and, if the will were less complicated and all the interested parties were unanimous in supporting the application, I don't see why it might not be granted. But it will clearly be to the interest of Godfrey to oppose the application, unless he can show that the conditions of clause two have been complied with--which it is virtually certain that he can not; and he may be able to bring forward reasons for believing John to be still alive. But even if he is unable to do this, inasmuch as it is pretty clear that he was intended to be the chief beneficiary, his opposition is likely to have considerable weight with the Court."
"Oh, is it?" I exclaimed eagerly. "Then that accounts for a very peculiar proceeding on the part of Hurst. I have stupidly forgotten to tell you about it. He has been trying to come to a private agreement with Godfrey Bellingham."
"Indeed!" said Thorndyke. "What sort of agreement?"
"His proposal was this: that Godfrey should support him and Jellicoe in an application to the Court for permission to presume death and to administer the will, and that, if it was successful, Hurst should pay him four hundred pounds a year for life: the arrangement to hold good in all eventualities."
"By which he means?"