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Freeman, R. Austin (Richard Austin), 1862-1943

"The Vanishing Man"

"
"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.


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