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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.


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