No Name/Between the Scenes 5/VIII
VIII.
From Mr. Loscombe to Mrs. Noel Vanstone.
"Lincoln's Inn. November 17th.
"DEAR MADAM—I beg to acknowledge the receipt of your letter, answering my proposal in the negative, for reasons of your own. Under these circumstances—on which I offer no comment—I beg to perform my promise of again communicating with you on the subject of your late husband's Will.
"Be so kind as to look at your copy of the document. You will find that the clause which devises the whole residue of your husband's estate to Admiral Bartram ends in these terms: to be by him applied to such uses as he may think fit.
"Simple as they may seem to you, these are very remarkable words. In the first place, no practical lawyer would have used them in drawing your husband's will. In the second place, they are utterly useless to serve any plain straightforward purpose. The legacy is left unconditionally to the admiral; and in the same breath he is told that he may do what he likes with it! The phrase points clearly to one of two conclusions. It has either dropped from the writer's pen in pure ignorance, or it has been carefully set where it appears to serve the purpose of a snare. I am firmly persuaded that the latter explanation is the right one. The words are expressly intended to mislead some person—yourself in all probability—and the cunning which has put them to that use is a cunning which (as constantly happens when uninstructed persons meddle with law) has overreached itself. My thirty years' experience reads those words in a sense exactly opposite to the sense which they are intended to convey. I say that Admiral Bartram is not free to apply his legacy to such purposes as he may think fit; I believe he is privately controlled by a supplementary document in the shape of a Secret Trust.
"I can easily explain to you what I mean by a Secret Trust. It is usually contained in the form of a letter from a Testator to his Executors, privately informing them of testamentary intentions on his part which he has not thought proper openly to acknowledge in his will. I leave you a hundred pounds; and I write a private letter enjoining you, on taking the legacy, not to devote it to your own purposes, but to give it to some third person, whose name I have my own reasons for not mentioning in my will. That is a Secret Trust.
"If I am right in my own persuasion that such a document as I here describe is at this moment in Admiral Bartram's possession—a persuasion based, in the first instance, on the extraordinary words that I have quoted to you; and, in the second instance, on purely legal considerations with which it is needless to incumber my letter—if I am right in this opinion, the discovery of the Secret Trust would be, in all probability, a most important discovery to your interests. I will not trouble you with technical reasons, or with references to my experience in these matters, which only a professional man could understand. I will merely say that I don't give up your cause as utterly lost, until the conviction now impressed on my own mind is proved to be wrong.
"I can add no more, while this important question still remains involved in doubt; neither can I suggest any means of solving that doubt. If the existence of the Trust was proved, and if the nature of the stipulations contained in it was made known to me, I could then say positively what the legal chances were of your being able to set up a Case on the strength of it: and I could also tell you whether I should or should not feel justified in personally undertaking that Case under a private arrangement with yourself.
"As things are, I can make no arrangement, and offer no advice. I can only put you confidentially in possession of my private opinion, leaving you entirely free to draw your own inferences from it, and regretting that I cannot write more confidently and more definitely than I have written here. All that I could conscientiously say on this very difficult and delicate subject, I have said.
"Believe me, dear madam, faithfully yours,
"JOHN LOSCOMBE.
"P.S.—I omitted one consideration in my last letter, which I may mention here, in order to show you that no point in connection with the case has escaped me. If it had been possible to show that Mr. Vanstone was domiciled in Scotland at the time of his death, we might have asserted your interests by means of the Scotch law, which does not allow a husband the power of absolutely disinheriting his wife. But it is impossible to assert that Mr. Vanstone was legally domiciled in Scotland. He came there as a visitor only; he occupied a furnished house for the season; and he never expressed, either by word or deed, the slightest intention of settling permanently in the North."