Straight out of the gate, however, the problems began. When Charlotte stood from behind the plaintiff’s table she said, “Good morning, George. I did just want to say, I am so glad it’s you.”
Incredulous, the town attorney rose to object but Cushman stayed him before he could speak. The lawyer for the intervener, Fanning, however, would not be held back.
“May I approach, Your Honor?”
“No, Counselor, you may not. You will be pleased to sit down. Now, Ms. Graves,” he said, “litigants must address this court as either ‘Your Honor’ or ‘the court.’ Is that clear?”
“Of course, I’m so sorry. I didn’t mean any offense. Your Honor.”
“All right, then,” he said. “Is there anything you’d like to say in addition to your submissions in this case?”
“Oh, yes, there is. You see, after I sent you the letter I found this book in the library that had what they called model pleadings, and right
away I realized that I may have somewhat obscured my central contention. The way I wrote it out, I mean. This business of the thirty years. I understand that.
Why
we have to quiet the wishes of the dead like that I’m not so sure, but there we are. I’ll leave that for another day. But what I’m saying is slightly different. Would you mind if I read a quote?”
“Go right ahead,” Cushman said, leaning back in his chair.
“This is from a book I came across by a Professor Duckington. He writes, ‘While, in its infinite wisdom, the legislature has seen fit to extinguish the rights of
individuals
in possession of contingent remainders in real property, presumably in the interest of dusting titles clean of those cobwebs of the common law that were seen as an encumbrance to an efficient and reliable system of sale and purchase, the people’s representatives were sufficiently mindful of their own prerogatives, along with those of churches and
charitable corporations
, as to exclude themselves
and the latter
from the consequences of their good judgment.’”
She closed the book, returned it to the table, and smiled proudly.
“Heaven help the man’s students,” Cushman said, “but it sounds accurate enough. The rule applies to individuals. But the distinction’s not relevant in this case.”
“Oh, but it is, George,” she said. “You see, my grandfather—he was a charity.”
“Come again.”
“Willard Graves, before he died, he turned himself into a charity: the Graves Society. We’ve been puttering along ever since. My point is, if you look at the records,
he
didn’t give the land to Finden. The society did. So you see, the thirty-year rule—it doesn’t apply here. The conditions in the bequest are still good. Which means the land no longer belongs to Finden or to Mr. Fanning. It belongs to our family’s
trust. In fact, it has ever since the town sold it. The documents are all here in my file. I believe all I need from the court is the title. And then we’ll be done.”
For the following ten seconds no one in the courtroom uttered a word. In fact, they barely moved. Like guests at a funeral who have just witnessed the lid of the coffin come open and the corpse sit up to greet them with a smile, they stared at Charlotte in awe.
Then the shouting began.
Mikey nearly fell over the front end of the jury box, where he and Doug had been instructed to sit, as he leapt up to yell, “Approach! Approach!,” taking on, in panicked violation of courtroom decorum, the voice of the judge himself, whose rejoinder was hardly audible over the fuming objections of the town lawyer, who didn’t even bother addressing himself to the bench, hurling his words directly at Charlotte. By the time Judge Cushman got a hold of his gavel and began slamming it, Wilkie and Sam had scampered into the aisle and begun barking up a racket, causing everyone but an appalled Henry to turn in still greater astonishment to the sight of two drooling hounds bolting toward the front of the courtroom.
“Bailiff!” Cushman cried, standing to pound his gavel. “Bailiff!”
Order wasn’t restored for another ten minutes, as the dogs were dragged snarling from the room and the lawyers, ignoring local rules, jumped onto their cell phones to offices and aides in a desperate effort to fill in the suddenly gaping void in their understanding of a case for which they had barely bothered to prepare. After denying repeated motions for a continuance, Judge Cushman declared a recess and returned to his chambers with Charlotte’s file.
By the time he’d finished examining the documents, he’d been reminded that there were, after all, a few unique pleasures to his occupation. He could of course give the town time to regroup. But they
had no good argument for why they deserved such a reprieve. The evidence Charlotte was relying on had been stored in their own basement. And as to the legal argument, she was perfectly correct. The donation of the land had come from a charity. The rule didn’t apply. He needn’t reach the question of whether the town had been willful or merely negligent in its sale. Either way, they lost.
Back on the bench, he listened with serenity to the attorneys’ pleas, objections, and even their threats of appeal and motions for recusal. When at last they had exhausted themselves, he thanked them for their advice, and then, allowing himself just this once a flash of that declamatory rhetoric that as a law student he’d dreamt of dispensing but never quite found an opportunity to employ amidst the grayness of actual litigation, he began, “As the great British prime minister William Gladstone once put it, ‘Justice delayed is justice denied.’” Announcing his finding that the papers presented left no room for doubt about Charlotte’s claim, he continued, “The court is certainly sympathetic to the plight the purchaser now finds himself in, having built a house on land it turns out that he does not own. But the right of reentry is an ancient one, predating our own Constitution. I cannot set it aside merely because it presents an inconvenience. However, now that the subject of ownership has been settled in favor of the Graves Society, my hope is the parties can arrive at a negotiated settlement. With this in mind, I suspend for sixty days the order I hereby enter granting plaintiff’s family trust title in the land.”
Looking down over his glasses at the once-again silenced courtroom, he asked, “Is there anything further in this matter?”
Chapter 13
Glenda Holland had decided it was just the thing to stay put in Finden on the Fourth of July and throw a grand party for all their friends and obligations. Jeffrey had canceled their plans for Capri, the Cape house was still under renovation, and Florida was out of the question in such ghastly weather. Besides, the Harrises were staying in town, the Finches, the Mueglers, the dreary board of the Historical Association, to which she had been dragooned into writing checks, and of course her wretched son and his prankster friends, and their parents for that matter, if they wanted to come—who was she, after all, to be embarrassed by her son’s failure to crawl from the tub of even a public school?—in addition to which there was the advantage that as long as Jeffrey invited clients and a few shelves of Union Atlantic’s management, the whole hing-ho could be charged up on the bank’s entertainment account.
It being too late for save the dates, she’d gone straight to invitations, whizzing them out FedEx and doubling up the numbers. The
caterer had to be bought out of a wedding contract, the tent people bribed, and the florist threatened with boycott. But by the time the real heat commenced that weekend before the Fourth, her chief suppliers had more or less fallen into line and the phone had begun to ring off the hook.
Starting late on a midsummer party, she’d expected half her list to have other plans but it turned out people were avoiding big-city crowds this year for fear of terrorist attacks and were delighted at the invitation. The chef was talking about a fourth boar and the temp agency hired to manage the parking said the field usually occupied by the sheep Jeffrey had purchased years ago to qualify for the family-farm deduction would have to be cleared away for the overflow. It all appeared to be coming together. Everything but the fireworks.
No one could be found to do the fireworks. Local governments had the firms all tied up in annual commitments and the big corporate parties had long ago been booked. Her assistant, Lauren, had scoured New England for anyone with a match and an explosive but come up dry. Finally, only days before the event, practically on her knees in the back of a restaurant in the North End, Glenda had managed to pry a nephew off the team for the Boston Pops show for a perfectly ridiculous sum of money and a promise to allow him to indulge his creative side. By the third, the house was overrun by staff, and Glenda retreated to the chaise in her bedroom, where Lauren took all her calls, while she hunkered down with a master guest list and the table charts. Spread on the coffee table in front of her was a map of the dining tent and a basket of little white pin flags onto which Lauren wrote the names of the guests as Glenda called them out.
After resisting her plan as belated, Jeffrey, once he sensed momentum, had in typical fashion reversed course, invited everyone and their accountant, and demanded certain pairings at dinner, leaving her
a phone book’s worth of Korean industrialists and German bankers, her knowledge of whose social skills was a virtual black hole.
“What on earth am I supposed to do?” she said, holding up table number twelve, trying not to move her lips and thus crack the teal mud caked to her face. “Put Sarah Finch next to some Brazilian sugarcane magnate? It’s absurd. I try to get a few friends together and this is what he does to me.”
With Jeffrey’s secretary, Martha, weighing in on his behalf via speakerphone, whole armies of financiers advanced across the map from wasteland tables doubled up by the kitchen tent to the very borders of the social center, only to be beaten back again by Glenda’s Sweet Briar classmates and a protective guard of village worthies airlifted into a kind of improvised DMZ ringing the single-digit tables of note. It was close quarters for a while, with Martha insisting the head of Credit Suisse and his wife could under no circumstances be expected to make conversation with the high-school badminton coach (“Mrs. Holland, the
bank
is paying for this, you realize?”), but with a few tactical retreats, Glenda was able to keep the ranker forces of tedium at bay, setting up Jeffrey at his own table with the absolute necessaries and forcing the remainder back to the periphery. By seven o’clock, once she and Lauren had tidied up the charts and sent them downstairs to the calligrapher for place cards, she was done for. A martini, a chicken Caesar, an Ambien, and two Ativan later, she was ready for a sound night’s sleep before the big day.
When, shortly after dawn the next morning, the driver delivering the mobile air-conditioning units backed his truck into the last of the six black Escalades containing EverSafe International’s full-event protection team, he found himself quickly surrounded by twenty-odd men in ill-fitting dark suits and wraparound sunglasses, wielding everything from stun guns to Glock 9s and shouting at him to get out of the
vehicle, put his hands above his head, and lie facedown on the freshly sprinkled grass.
A year or so later, to the Hollands’ minor cost and irritation, they would discover through their lawyers, before settling out of court, that the driver of the truck, a Mr. Mark Bayle, was in fact a veteran of the first Gulf War whose nearly cured PTSD had been massively reactivated by that morning’s incident, causing him pain, suffering, anxiety, and eventual unemployment. At the time, however, the accident’s most immediate effect was to whip Glenda, woken by the shouting, into a kind of pre-event seizure roughly six hours ahead of schedule.
If all Jeffrey Holland had been required to explain away that morning was how he’d approved the head of corporate security’s recommendation for a complete vulnerability assessment, perimeter protection, and tactical team on his property without either noticing that he’d done it or informing his wife, he would have been in excellent shape. As it happened, however, the NASDAQ had closed at a five-year low on the Monday of that week; WorldCom had announced another exaggeration of profits, placing on life support the bank’s single largest loan recipient; and to cap it off, on the afternoon of the third, the Massachusetts and New York attorneys general had announced a joint investigation of Atlantic Securities’ favoritism in the distribution of IPO shares. In short, it wasn’t shaping up as much of a holiday for Jeffrey. By the time an outraged Glenda bolted through his study door in her nightgown shouting about the thugs in the driveway, he was already an hour into a conference call with the general counsel and half the board, trying to account for internal policies he’d never heard of, let alone read.
By one o’clock the air outside had reached ninety-eight degrees, and many in the small army assembled to feed and entertain the Hollands’ guests had begun to wilt under the pitiless sun. An assistant to the
chef’s subcontractor for the wood-burning ovens had fainted at his station, knocking his head on an ice chest and requiring removal to an air-conditioned bedroom at the back of the house. Trying to manage both her boss and the party, Lauren had set Glenda up on a couch in the library, where she could receive emissaries from the feuding vendors without either standing up or entering the furnace of the outdoors until both were absolutely necessary. The band claimed the caterer had done them out of electricity and the florist warned that if the technician sent by the air-conditioning firm to replace the traumatized driver didn’t figure out how to operate the machinery soon her creations would wither and die. These, at least, were people in Glenda’s employ. The fire marshal was another matter. While he’d kindly expedited her request for a permit for the show, upon inspection and discussion with the nephew in charge he had determined that the barge from which the fireworks were to be launched was floating at an insufficient distance from the shore of the pond, which would now need to be ringed with flame-retardant tarps.
“My
God,”
Glenda exclaimed, sunken into the corner of the couch. “Have you no mercy? Can’t you see what’s going on out there? Flame tarps? Where in creation do you expect me to find those? Not to mention the fact that they sound
hideously
ugly. Couldn’t we just give it a miss?”