“But the property had been lost by that time, had it not?”
“Yes. And, unfortunately—when I showed him my grandmother’s marriage certificate, he—he told me that it was no certificate at all. I fear that Simon Dawson was a sad sinner. He took my grandmother to live with him, as many of the planters did take women of colour, and he gave her a document which was supposed to be a certificate of marriage signed by the Governor of the country. But when Mr. Probyn inquired into it, he found that it was all a sham, and no such governor had ever existed. It was distressing to my feelings as a Christian, of course—but since there was no property, it didn’t make any actual difference to us.”
“That was bad luck,” said Peter, sympathetically.
“I called resignation to my aid, said the old Indian, with a dignified little bow. “Mr. Probyn was also good enough to send me with a letter of introduction to Miss Agatha Dawson, the only surviving member of our family.”
“Yes, she lived at Leahampton.”
“She received me in the most charming way, and when I told her who I was—acknowledging, of course, that I had not the slightest claim upon her—she was good enough to make me an allowance of £100 a year, which she continued till her death.”
“Was that the only time you saw her?”
“Oh, yes. I would not intrude upon her. It could not be agreeable to her to have a relative of my complexion continually at her house,” said the Rev. Hallelujah, with a kind of proud humility. “But she gave me lunch, and spoke very kindly.”
“And—forgive my askin’—hope it isn’t impertinent—but does Miss Whittaker keep up the allowance?”
“Well, no—I—perhaps I should not expect it, but it would have made a great difference to our circumstances. And Miss Dawson rather led me to hope that it might be continued. She told me that she did not like the idea of making a will, but, she said, ‘It is not necessary at all, Cousin Hallelujah, Mary will have all my money when I am gone, and she can continue the allowance on my behalf.’ But perhaps Miss Whittaker did not get the money after all?”
“Oh, yes, she did. It is very odd. She may have forgotten about it.”
“I took the liberty of writing her a few words of spiritual comfort when her aunt died. Perhaps that did not please her. Of course, I did not write again. Yet I am loath to believe that she has hardened her heart against the unfortunate. No doubt there is some explanation.”
“No doubt,” said Lord Peter. “Well, I’m very grateful to you for your kindness. That has quite cleared up the little matter of Simon and his descendants. I’ll just make a note of the names and dates, if I may.”
“Certainly. I will bring you the paper which Mr. Probyn kindly made out for me, showing the whole of the family. Excuse me.”
He was not gone long, and soon reappeared with a genealogy, neatly typed out on a legal-looking sheet of blue paper.
Wimsey began to note down the particulars concerning Simon Dawson and his son, Bosun, and his grandson, Hallelujah. Suddenly he put his finger on an entry further along.
“Look here, Charles,” he said. “Here is our Father Paul—the bad boy who turned R.C. and became a monk.”
“So he is. But—he’s dead, Peter—died in 1922, three years before Agatha Dawson.”
“Yes. We must wash him out. Well, these little setbacks will occur.”
They finished their notes, bade farewell to the Rev. Hallelujah, and emerged to find Esmeralda valiantly defending Mrs. Merdle against all-comers. Lord Peter handed over the half-crown and took delivery of the car.
“The more I hear of Mary Whittaker,” he said, “the less I like her. She might at least have given poor old Cousin Hallelujah his hundred quid.”
“She’s a rapacious female,” agreed Parker. “Well, anyway, Father Paul’s safely dead, and Cousin Hallelujah is illegitimately descended. So there’s an end of the long-lost claimant from overseas.”
“Damn it all!” cried Wimsey, taking both hands from the steering-wheel and scratching his head, to Parker’s extreme alarm, “that strikes a familiar chord. Now where in thunder have I heard those words before?”
CHAPTER XIV
SHARP QUILLETS OF THE LAW
“Things done without example—in their issue
Are to be feared.”
HENRY VIII, 1, 2
“MURBLES IS COMING ROUND to dinner tonight, Charles,” said Wimsey. “I wish you’d stop and have grub with us too. I want to put all this family history business before him.”
“Where are you dining?”
“Oh, at the flat. I’m sick of restaurant meals. Bunter does a wonderful bloody steak and there are new peas and potatoes and genuine English grass. Gerald sent it up from Denver specially. You can’t buy it. Come along. Ye olde English fare, don’t you know, and a bottle of what Pepys calls Ho Bryon. Do you good.”
Parker accepted. But he noticed that, even when speaking on his beloved subject of food, Wimsey was vague and abstracted. Something seemed to be worrying at the back of his mind, and even when Mr. Murbles appeared, full of mild legal humour, Wimsey listened to him with extreme courtesy indeed, but with only half his attention.
They were partly through dinner when, apropos of nothing, Wimsey suddenly brought his fist down on the mahogany with a crash that startled even Bunter, causing him to jerk a great crimson splash of the Haut Brion over the edge of the glass upon the tablecloth.
“Got it!” said Lord Peter.
Bunter in a low shocked voice begged his lordship’s pardon.
“Murbles,” said Wimsey, without heeding him, “isn’t there a new Property Act?”
“Why, yes,” said Mr. Murbles, in some surprise. He had been in the middle of a story about a young barrister and a Jewish pawnbroker when the interruption occurred, and was a little put out.
“I knew I’d read that sentence somewhere—you know, Charles—about doing away with the long-lost claimant from overseas. It was in some paper or other about a couple of years ago, and it had to do with the new Act. Of course, it said what a blow it would be to romantic novelists. Doesn’t the Act wash out the claims of distant relatives, Murbles?”
“In a sense, it does,” replied the solicitor. “Not, of course, in the case of entailed property, which has its own rules. But I understand you to refer to ordinary personal property or real estate not entailed.”
“Yes—what happens to that, now, if the owner of the property dies without making a will?”
“It is rather a complicated matter,” began Mr. Murbles.
“Well, look here, first of all—before the jolly old Act was passed, the next-of-kin got it all, didn’t he—no matter if he was only a seventh cousin fifteen times removed?”
“In a general way, that is correct. If there was a husband or wife—”
“Wash out the husband and wife. Suppose the person is unmarried and has no near relations living. It would have gone—”
“To the next-of-kin, whoever that was, if he or she could be traced.”
“Even if you had to burrow back to William the Conqueror to get at the relationship?”
“Always supposing you could get a clear record back to so very early a date,” replied Mr. Murbles. “It is, of course, in the highest degree improbable—”
“Yes, yes, I know, sir. But what happens now in such a case?”
“The new Act makes inheritance on intestacy very much simpler,” said Mr. Murbles, setting his knife and fork together, placing both elbows on the table and laying the index-finger of his right hand against his left thumb in a gesture of tabulation.
“I bet it does,” interpolated Wimsey. “I know what an Act to make things simpler means. It means that the people who drew it up don’t understand it themselves and that every one of its clauses needs a law-suit to disentangle it. But do go on.”
“Under the new Act,” pursued Mr. Murbles, “one half of the property goes to the husband and wife, if living, and subject to his or her life-interest, then all to the children
equally. But if there be no spouse and no children, then it goes to the father or mother of the deceased. If the father and mother are both dead, then everything goes to the brothers and sisters of the whole blood who are living at the time, but if any brother or sister dies before the intestate, then to his or her issue. In case there are no brothers or sisters of the—”
“Stop, stop! you needn’t go any further. You’re absolutely sure of that? It goes to the brothers’ or sisters’ issue?”
“Yes. That is to say, if it were you that died intestate and your brother Gerald and your sister Mary were already dead, your money would be equally divided among your nieces and nephews.”
“Yes, but suppose they were already dead too—suppose I’d gone tediously living on till I’d nothing left but great-nephews and great-nieces—would they inherit?”
“Why—why, yes, I suppose they would,” said Mr. Murbles, with less certainty, however. “Oh, yes, I think they would.”
“Clearly they would,” said Parker, a little impatiently, “if it says to the issue of the deceased’s brothers and sisters.”
“Ah! but we must not be precipitate,” said Mr. Murbles, rounding upon him. “To the lay mind, doubtless, the word ‘issue’ appears a simple one. But in law”—(Mr. Murbles, who up till this point had held the index-finger of the right-hand poised against the ring-finger of the left, in recognition of the claims of the brothers and sisters of the half-blood, now placed his left palm upon the table and wagged his right index-finger admonishingly in Parker’s direction)—“in law the word may bear one of two, or indeed several interpretations, according to the nature of the document in which it occurs and the date of that document.”
“But in the new Act—” urged Lord Peter.
“I am not, particularly,” said Mr. Murbles, “a specialist in the law concerning property, and I should not like to give a decided opinion as to its interpretation, all the more as, up to the present, no case has come before the Courts bearing on the present issue—no pun intended, ha, ha, ha! But my immediate and entirely tentative opinion—which, however, I should advise you not to accept without the support of some weightier authority—would be, I think, that issue in this case means issue ad infinitum, and that therefore the great-nephews and great-nieces would be entitled to inherit.”
“But there might be another opinion?”
“Yes—the question is a complicated one—”
“What did I tell you?” groaned Peter. “I knew this simplifying Act would cause a shockin’ lot of muddle.”
“May I ask,” said Mr. Murbles, “exactly why you want to know all this?”
“Why, sir,” said Wimsey, taking from his pocket-book the genealogy of the Dawson family which he had received from the Rev. Hallelujah Dawson, “here is the point. We have always talked about Mary Whittaker as Agatha Dawson’s niece; she was always called so and she speaks of the old lady as her aunt. But if you look at this, you will see that actually she was no nearer to her than great-niece: she was the grand-daughter of Agatha’s sister Harriet.”
“Quite true,” said Mr. Murbles, “but still, she was apparently the nearest surviving relative, and since Agatha Dawson died in 1925, the money passed without any question to Mary Whittaker under the old Property Act. There’s no ambiguity there.”
“No,” said Wimsey, “none whatever, that’s the point. But—”
“Good God!” broke in Parker, “I see what you’re driving at. When did the new Act come into force, sir?”
“In January, 1926,” replied Mr. Murbles.
“And Miss Dawson died, rather unexpectedly, as we know, in November, 1925,” went on Peter. “But supposing she had lived, as the doctor fully expected her to do, till February or March, 1926—are you absolutely positive, sir, that Mary Whittaker would have inherited then?”
Mr. Murbles opened his mouth to speak—and shut it again. He rubbed his hands very slowly the one over the other. He removed his eyeglasses and resettled them more firmly on his nose. Then:
“You are quite right, Lord Peter,” he said in a grave tone, “this is a very serious and important point. Much too serious for me to give an opinion on. If I understand you rightly, you are suggesting that any ambiguity in the interpretation of the new Act might provide an interested party with a very good and sufficient motive for hastening the death of Agatha Dawson.”
“I do mean exactly that. Of course, if the great-niece inherits anyhow, the old lady might as well die under the new Act as under the old. But if there was any doubt about it—how tempting, don’t you see, to give her a little push over the edge, so as to make her die in 1925. Especially as she couldn’t live long anyhow, and there were no other relatives to be defrauded.”
“That reminds me,” put in Parker, “suppose the great-niece is excluded from the inheritance, where does the money go?”
“It goes to the Duchy of Lancaster—or in other words, to the Crown.”
“In fact,” said Wimsey, “to no one in particular. Upon my soul, I really can’t see that it’s very much of a crime to bump a poor old thing off a bit previously when she’s sufferin’ horribly, just to get the money she intends you to have. Why the devil should the Duchy of Lancaster have it? Who cares about the Duchy of Lancaster? It’s like defrauding the income tax.”
“Ethically,” observed Mr. Murbles, “there may be much to be said for your point of view. Legally, I am afraid, murder is murder, however frail the victim or convenient the result.”
“And Agatha Dawson didn’t want to die,” added Parker, “she said so.”
“No,” said Wimsey, thoughtfully, “and I suppose she had a right to an opinion.”
“I think,” said Mr. Murbles, “that before we go any further, we ought to consult a specialist in this branch of the law. I wonder whether Towkington is at home. He is quite the ablest authority I could name. Greatly as I dislike that modern invention, the telephone, I think it might be advisable to ring him up.”
Mr. Towkington proved to be at home and at liberty. The case of the great-niece was put to him over the phone. Mr. Towkington, taken at a disadvantage without his authorities, and hazarding an opinion on the spur of the moment, thought that in all probability the great-niece would be excluded from the succession under the new Act. But it was an interesting point, and he would be glad of an opportunity to verify his references. Would not Mr. Murbles come round and talk it over with him? Mr. Murbles explained that he was at that moment dining with two friends who were interested in the question. In that case, would not the two friends also come round and see Mr. Towkington?
“Towkington has some very excellent port,” said Mr. Murbles, in a cautious aside, and clapping his hand over the mouthpiece of the telephone.
“Then why not go and try it?” said Wimsey, cheerfully.
“It’s only as far as Gray’s Inn,” continued Mr. Murbles.
“All the better,” said Lord Peter.
Mr. Murbles released the telephone and thanked Mr. Towkington. The party would start at once for Gray’s Inn. Mr. Towkington was heard to say, “Good, good,” in a hearty manner before ringing off.
On their arrival at Mr. Towkington’s chambers the oak was found to be hospitably unsported, and almost before they could knock, Mr. Towkington himself flung open the door and greeted them in a loud and cheerful tone. He was a large, square man with a florid face and a harsh voice. In court, he was famous for a way of saying, “Come now,” as a preface to tying recalcitrant witnesses into tight knots, which he would then proceed to slash open with a brilliant confutation. He knew Wimsey by sight, expressed himself delighted to meet Inspector Parker, and bustled his guests into the room with jovial shouts.
“I’ve been going into this little matter while you were coming along,” he said. “Awkward, eh? ha! Astonishing thing that people can’t say what they mean when they draw Acts, eh? ha! Why do you suppose it is, Lord Peter, eh? ha! Come now!”
“I suspect it’s because Acts are drawn up by lawyers,??
? said Wimsey with a grin.
“To make work for themselves, eh? I daresay you’re right. Even lawyers must live, eh? ha! Very good. Well now, Murbles, let’s just have this case again, in greater detail, d’you mind?”
Mr. Murbles explained the matter again, displaying the genealogical table and putting forward the point as regards a possible motive for murder.
“Eh, ha!” exclaimed Mr. Towkington, much delighted, “that’s good—very good—your idea, Lord Peter? Very ingenious. Too ingenious. The dock at the Old Bailey is peopled by gentlemen who are too ingenious. Ha! Come to a bad end one of these days, young man. Eh? Yes—well, now, Murbles, the question here turns on the interpretation of the word ‘issue’—you grasp that, eh, ha! Yes. Well, you seem to think it means issue ad infinitum. How do you make that out, come now?”
“I didn’t say I thought it did; I said I thought it might,” remonstrated Mr. Murbles, mildly. “The general intention of the Act appears to be to exclude any remote kin where the common ancestor is further back than the grandparents—not to cut off the descendants of the brothers and sisters.”
“Intention?” snapped Mr. Towkington. “I’m astonished at you, Murbles! The law has nothing to do with good intentions. What does the Act say? It says, ‘To the brothers and sisters of the whole blood and their issue.’ Now, in the absence of any new definition, I should say that the word is here to be construed as before the Act it was construed on intestacy—in so far, at any rate, as it refers to personal property, which I understand the property in question to be, eh?”
“Yes,” said Mr. Murbles.
“Then I don’t see that you and your great-niece have a leg to stand on—come now!”
“Excuse me,” said Wimsey, “but d’you mind—I know lay people are awful ignorant nuisances—but if you would be so good as to explain what the beastly word did or does mean, it would be frightfully helpful, don’t you know.”
“Ha! Well, it’s like this,” said Mr. Towkington, graciously. “Before 1837—”