"That if the body should be discovered at any future time, so that the conditions of clause two could be carried out, Hurst should still retain the property and continue to pay Godfrey the four hundred a year for life."
"Hey ho!" exclaimed Thorndyke; "that is a queer proposal; a very queer proposal indeed."
"Not to say fishy," added Jervis. "I don't fancy the Court would look with approval on that little arrangement."
"The law does not look with much favour on any little arrangements that aim at getting behind the provisions of a will," Thorndyke replied; "though there would be nothing to complain of in this proposal if it were not for the reference to 'all eventualities.' If a will is hopelessly impracticable, it is not unreasonable or improper for the various beneficiaries to make such private arrangements among themselves as may seem necessary to avoid useless litigation and delay in administering the will. If, for instance, Hurst had proposed to pay four hundred a year to Godfrey so long as the body remained undiscovered on condition that, in the event of its discovery, Godfrey should pay him a like sum for life, there would have been nothing to comment upon. It would have been an ordinary sporting chance. But the reference to 'all eventualities' is an entirely different matter. Of course, it may be mere greediness, but all the same, it suggests some very curious reflections."
"Yes, it does," said Jervis. "I wonder if he has any reason to expect that the body will be found? Of course it doesn't follow that he has. He may be merely taking the opportunity offered by the other man's poverty to make sure of the bulk of the property whatever happens. But it is uncommonly sharp practice, to say the least."
"Do I understand that Godfrey declined the proposal?" Thorndyke asked.
"Yes, he did, very emphatically; and I fancy that the two gentlemen proceeded to exchange opinions on the circumstances of the disappearance with more frankness than delicacy."
"Ah," said Thorndyke, "that is a pity. If the case comes into Court, there is bound to be a good deal of unpleasant discussion and still more unpleasant comment in the newspapers. But if the parties themselves begin to express suspicions of one another there is no telling where the matter will end."
"No, by Jove!" said Jervis. "If they begin flinging accusations of murder about, the fat will be in the fire with a vengeance. That way lies the Old Bailey."
"We must try to prevent them from making an unnecessary scandal," said Thorndyke. "It may be that an exposure will be unavoidable, and that must be ascertained in advance. But to return to your question, Berkeley, as to what is to be done. Hurst will probably make some move pretty soon. Do you know if Jellicoe will act with him?"