Authors: James Fenimore Cooper
The sick man actually stretched his right arm above the bed-clothes, and
his dull eyes lighted with an expression of pleasure, that proved how
strongly his feelings were enlisted in the result.
"You see, gentlemen!" said Sir Gervaise, with emphasis. "No one can
mistake the meaning of this! Come nearer, doctor—Mr. Rotherham—all who
have no probable interest in the affair—I wish it to be seen that Sir
Wycherly Wychecombe is desirous of making his will."
The vice-admiral now went through the ceremony of repeating his request,
and got the same significant answer.
"So I understood it, Sir Wycherly, and I believe now I also understand
all about the 'half,' and the 'whole,' and the '
nullus
.' You meant to
tell us that your kinsman, Sir Reginald Wychecombe, was of the
'half-blood' as respects yourself, and that Mr. Thomas Wychecombe, your
nephew, is what is termed in law—however painful this may be,
gentlemen, at such solemn moments the truth must be plainly spoken—that
Mr. Thomas Wychecombe is what the law terms a '
filius nullius
.' If we
have understood you in this, also, have the goodness to give this
company the same sign of assent."
The last words were scarcely spoken, before Sir Wycherly again raised
his arm, and nodded his head.
"Here there can be no mistake, and no one rejoices in it more than I do
myself; for, the unintelligible words gave me a great deal of vexation.
Well, my dear sir, understanding your wishes, my secretary, Mr. Atwood,
has drawn the commencement of a will, in the usual form, using your own
pious and proper language of—'In the name of God, Amen,' as the
commencement; and he stands ready to write down your bequests, as you
may see fit to name them. We will take them, first, on a separate piece
of paper; then read them to you, for your approbation; and afterwards,
transcribe them into the will. I believe, Sir Reginald, that mode would
withstand the subtleties of all the gentlemen of all the Inns of Court?"
"It is a very proper and prudent mode for executing a will, sir, under
the peculiar circumstances," returned he of Hertfordshire. "But, Sir
Gervaise, my situation, here, is a little delicate, as may be that of
Mr. Thomas Wychecombe—others of the name and family, if any such there
be. Would it not be well to inquire if our presence is actually desired
by the intended testator?"
"Is it your wish, Sir Wycherly, that your kinsmen and namesakes remain
in the room, or shall they retire until the will is executed? I will
call over the names of the company, and when you wish any one, in
particular, to stay in the room, you will nod your head."
"All—all stay," muttered Sir Wycherly; "Sir
Reginald—Tom—Wycherly—all—"
"This seems explicit enough, gentlemen," resumed the vice-admiral. "You
are
all
requested to stay; and, if I might venture an opinion, our
poor friend has named those on whom he intends his bequests to fall—and
pretty much, too, in the order in which they will come."
"That will appear more unanswerably when Sir Wycherly has expressed his
intentions in words," observed Sir Reginald, very desirous that there
should not be the smallest appearance of dictation or persuasion offered
to his kinsman, at a moment so grave. "Let me entreat that no leading
questions be put."
"Sir Gervaise understands leading in battle, much better than in a
cross-examination, Sir Reginald," Bluewater observed, in a tone so low,
that none heard him but the person to whom the words were addressed. "I
think we shall sooner get at Sir Wycherly's wishes, by allowing him to
take his own course."
The other bowed, and appeared disposed to acquiesce. In the mean time
preparations were making for the construction of the will. Atwood seated
himself at a table near the bed, and commenced nibbing his pens; the
medical men administered a cordial; Sir Gervaise caused all the
witnesses to range themselves around the room, in a way that each might
fairly see, and be seen; taking care, however, so to dispose of
Wycherly, as to leave no doubt of his handsome person's coming into the
sick man's view. The lieutenant's modesty might have rebelled at this
arrangement, had he not found himself immediately at the side of
Mildred.
"Yet, all is o'er!—fear, doubt, suspense, are fled,
Let brighter thoughts be with the virtuous dead!
The final ordeal of the soul is past,
And the pale brow is sealed to Heaven at last."
MRS. HEMANS.
It will be easily supposed that Tom Wychecombe witnessed the proceedings
related in the preceding chapter with dismay. The circumstance that he
actually possessed a
bona fide
will of his uncle, which left him heir
of all the latter owned, real or personal, had made him audacious, and
first induced him to take the bold stand of asserting his legitimacy,
and of claiming all its consequences. He had fully determined to assume
the title on the demise of Sir Wycherly; plausibly enough supposing
that, as there was no heir to the baronetcy, the lands once in his quiet
possession, no one would take sufficient interest in the matter to
dispute his right to the rank. Here, however, was a blow that menaced
death to all his hopes. His illegitimacy seemed to be known to others,
and there was every prospect of a new will's supplanting the old one, in
its more important provisions, at least. He was at a loss to imagine
what had made this sudden change in his uncle's intentions; for he did
not sufficiently understand himself, to perceive that the few months of
close communion which had succeeded the death of his reputed father, had
sufficed to enlighten Sir Wycherly on the subject of his own true
character, and to awaken a disgust that had remained passive, until
suddenly aroused by the necessity of acting; and, least of all, could he
understand how surprisingly the moral vision of men is purified and
enlarged, as respects both the past and the future, by the near approach
of death. Although symptoms of strong dissatisfaction escaped him, he
quieted his feelings as much as possible, cautiously waiting for any
occurrence that might be used in setting aside the contemplated
instrument, hereafter; or, what would be still better, to defeat its
execution, now.
As soon as the necessary preparations were made, Atwood, his pen nibbed,
ink at hand, and paper spread, was ready to proceed: and a breathless
stillness existing in the chamber, Sir Gervaise resumed the subject on
which they were convened.
"Atwood will read to you what he has already written, Sir Wycherly," he
said; "should the phraseology be agreeable to you, you will have the
goodness to make a sign to that effect. Well, if all is ready, you can
now commence—hey! Atwood?"
"'In the name of God, Amen,'" commenced the methodical secretary; "'I,
Wycherly Wychecombe, Bart., of Wychecombe-Hall, in the county of Devon,
being of sound mind, but of a feeble state of health, and having the
view of death before my eyes, revoking all other wills, codicils, or
testamentary devises, whatsoever, do make and declare this instrument to
be my last will and testament: that is to say, Imprimis, I do hereby
constitute and appoint — — of —, the executor of this my said
will, with all the powers and authority that the law gives, or may
hereafter give to said executor. Secondly, I give and bequeath to —.'
This is all that is yet written, Sir Gervaise, blanks being left for the
name or names of the executor or executors, as well for the 's' at the
end of 'executor,' should the testator see fit to name more than one."
"There, Sir Reginald," said the vice-admiral, not altogether without
exultation; "this is the way we prepare these things on board a
man-of-war! A flag-officer's secretary needs have himself qualified to
do any thing, short of a knowledge of administering to the cure of
souls!"
"And the cure of bodies, ye'll be permitting me to add, Sir Gervaise,"
observed Magrath, taking an enormous pinch of a strong yellow snuff.
"Our secretary would make but a lubberly fist at turning off a delicate
turtle-soup out of pig's-head; such as we puts on our table at sea, so
often," muttered Galleygo in the ear of Mrs. Larder.
"I see nothing to object to, Sir Gervaise, if the language is agreeable
to Sir Wycherly," answered the barrister by profession, though not by
practice. "It would be advisable to get his approbation of even the
language."
"That we intend to do, of course, sir. Sir Wycherly, do you find the
terms of this will to your liking?"
Sir Wycherly smiled, and very clearly gave the sign of assent.
"I thought as much—for, Atwood has made the wills of two admirals, and
of three captains, to my knowledge; and my Lord Chief Justice said that
one of the last would have done credit to the best conveyancer in
England, and that it was a pity the testator had nothing to bequeath.
Now, Sir Wycherly, will you have one executor, or more? If
one
, hold
up a single finger; and a finger for each additional executor you wish
us to insert in these blanks. One, Atwood—you perceive, gentlemen, that
Sir Wycherly raises but
one
finger; and so you can give a flourish at
the end of the 'r,' as the word will be in the singular;—hey! Atwood?"
The secretary did as directed, and then reported himself ready to
proceed.
"It will be necessary for you now to
name
your executor, Sir
Wycherly—make as little effort as possible, as we shall understand the
name, alone."
Sir Wycherly succeeded in uttering the name of "Sir Reginald
Wychecombe," quite audibly.
"This is plain enough," resumed the vice-admiral; "how does the sentence
read now, Atwood?"
"'
Imprimis:
—I do hereby constitute and appoint Sir Reginald
Wychecombe of Wychecombe-Regis, in the county of Herts, Baronet, the
executor of this my said will, &c.'"
"If that clause is to your liking, Sir Wycherly, have the goodness to
give the sign agreed on."
The sick man smiled, nodded his head, raised his hand, and looked
anxiously at his kinsman.
"I consent to serve, Sir Wycherly, if such is your desire," observed the
nominee, who detected the meaning of his kinsman's look.
"And now, sir," continued the vice-admiral; "it is necessary to ask you
a few questions, in order that Atwood may know what next to write. Is it
your desire to bequeath any real estate?" Sir Wycherly assented. "Do you
wish to bequeath
all
your real estate?" The same sign of assent was
given. "Do you wish to bequeath
all
to one person?" The sign of assent
was given to this also. "This makes plain sailing, and a short
run,—hey! Atwood?"
The secretary wrote as fast as possible, and in two or three minutes he
read aloud, as follows—
"'Secondly, I make and declare the following bequests or devises—that
is to say, I give and bequeath to — — of ——, all the real
estate of which I may die seised, together with all the houses,
tenements, hereditaments, and appurtenances thereunto belonging, and all
my rights to the same, whether in law or equity, to be possessed and
enjoyed by the said — — of —— in fee, by — heirs,
executors, administrators, or assigns, for ever.' There are blanks for
the name and description, as well as for the sex of the devisee," added
the secretary.
"All very proper and legal, I believe, Sir Reginald?—I am glad you
think so, sir. Now, Sir Wycherly, we wait for the name of the lucky
person you mean thus to favour."
"Sir Reginald Wychecombe," the sick man uttered, painfully;
"half-blood—no
nullus
. Sir Michael's heir—
my
heir."
"This is plain English!" cried Sir Gervaise, in the way of a man who is
not displeased; "put in the name of 'Sir Reginald Wychecombe of
Wychecombe-Regis, Herts,' Atwood—ay—that justs fills the blank
handsomely—you want '
his
heirs, executors, &c.' in the other blank."
"I beg your pardon, Sir Gervaise; it should read 'by
himself, his
heirs, &c.'"
"Very true—very true, Atwood. Now read it slowly, and Sir Wycherly will
assent, if he approve."
This was done, and Sir Wycherly not only approved, but it was apparent
to all present, the abashed and confounded Tom himself not excepted,
that he approved, with a feeling akin to delight.
"That gives a black eye to all the land,—hey! Atwood?" said Sir
Gervaise; who, by this time, had entered into the business in hand, with
all the interest of a regular notary—or, rather, with that of one, on
whose shoulders rested the responsibility of success or failure. "We
come next to the personals. Do you wish to bequeath your furniture,
wines, horses, carriages, and other things of that sort, to any
particular person, Sir Wycherly?"
"All—Sir Reginald—Wychecombe—half-blood—old Sir Michael's heir,"
answered the testator.
"Good—clap that down, Atwood, for it is doing the thing, as I like to
see family affairs settled. As soon as you are ready, let us hear how it
sounds in writing."
"I furthermore bequeath to the said Sir Reginald Wychecombe of
Wychecombe-Regis, as aforesaid, baronet, all my personal property,
whatsoever,'" read Atwood, as soon as ready; "'including furniture,
wines, pictures, books, horses and carriages, and all other goods and
chattels, of which I may die possessed, excepting thereout and
therefrom, nevertheless, such sums in money, stocks, bonds, notes, or
other securities for debts, or such articles as I may in this instrument
especially devise to any other person.' We can now go to especial
legacies, Sir Gervaise, and then another clause may make Sir Reginald
residuary legatee, if such be Sir Wycherly's pleasure."
"If you approve of that clause, my dear sir, make the usual sign of
assent."
Sir Wycherly both raised his hand and nodded his head, evidently quite
satisfied.