IS THERE A WILL?
When Triffitt hurried off with his precious budget of news Selwood
lingered on the step of the office watching his retreating figure, and
wondering about the new idea which the reporter had put into his mind.
It was one of those ideas which instantly arouse all sorts of vague,
sinister possibilities, but Selwood found himself unable to formulate
anything definite out of any of them. Certainly, if Mr. Herapath died
at, or before, twelve o'clock midnight, he could not have been in
Portman Square at one o'clock in the morning! Yet, according to all the
evidence, he had been there, in his own house, in his own study. His
coachman had seen him in the act of entering the house; there was proof
that he had eaten food and drunk liquor in the house. The doctor must
have made a mistake--and yet, Selwood remembered, he had spoken very
positively. But if he had not made a mistake?--what then? How could
Jacob Herapath be lying dead in his office at Kensington and nibbling at
a sandwich in Portman Square at one and the same hour? Clearly there was
something wrong, something deeply mysterious, something----
At that point of his surmisings and questionings Selwood heard himself
called by Barthorpe Herapath, and he turned to see that gentleman
standing in the hall dangling a bunch of keys, which Selwood instantly
recognized.
"We have just found these keys," said Barthorpe. "You remember the
inspector said he found no keys in my uncle's pockets? We found these
pushed away under some loose papers on the desk. It looks as if he'd put
them on the desk when he sat down, and had displaced them when he fell
out of his chair. Of course, they're his--perhaps you recognize them?"
"Yes," answered Selwood, abruptly. "They're his."
"I want you to come with me while I open his private safe," continued
Barthorpe. "At junctures like these there are always things that have got
to be done. Now, did you ever hear my uncle speak of his will--whether
he'd made one, and, if so, where he'd put it? Hear anything?"
"Nothing," replied Selwood. "I never heard him mention such a thing."
"Well, between ourselves," said Barthorpe, "neither did I. I've done all
his legal work for him for a great many years--ever since I began to
practice, in fact--and so far as I know, he never made a will. More than
once I've suggested that he should make one, but like most men who are
in good health and spirits, he always put it off. However, we must look
over his papers both here and at Portman Square."
Selwood made no comment. He silently followed Barthorpe into the
private room in which his late employer had so strangely met his death.
The body had been removed by that time, and everything bore its usual
aspect, save for the presence of the police inspector and the detective,
who were peering about them in the mysterious fashion associated with
their calling. The inspector was looking narrowly at the fastenings of
the two windows and apparently debating the chances of entrance and exit
from them; the detective, armed with a magnifying glass, was examining
the edges of the door, the smooth backs of chairs, even the surface of
the desk, presumably for finger-marks.
"I shan't disturb you," said Barthorpe, genially. "Mr. Selwood and I
merely wish to investigate the contents of this safe. There's no
likelihood of finding what I'm particularly looking for in any of his
drawers in that desk," he continued, turning to Selwood. "I knew enough
of his habits to know that anything that's in there will be of a purely
business nature--referring to the estate. If he did keep anything that's
personal here, it'll be in that safe. Now, which is the key? Do you
know?"
He handed the bunch of keys to Selwood. And Selwood, who was feeling
strangely apathetic about the present proceedings, took them mechanically
and glanced carelessly at them. Then he started.
"There's a key missing!" he exclaimed, suddenly waking into interest. "I
know these keys well enough--Mr. Herapath was constantly handing them to
me. There ought to be six keys here--the key of this safe, the key of
the safe at Portman Square, the latch-key for this office, the key of
this room, the latch-key of the house, and a key of a safe at the Alpha
Safe Deposit place. That one--the Safe Deposit key--is missing."
Barthorpe knitted his forehead, and the two police officials paused in
their tasks and drew near the desk at which Selwood was standing.
"Are you certain of that?" asked Barthorpe.
"Sure!" answered Selwood. "As I say, I've been handling these keys every
day since I came to Mr. Herapath."
"When did you handle them last?"
"Yesterday afternoon: not so very long before Mr. Herapath went down to
the House. That was in Portman Square. He gave them to me to get some
papers out of the safe there."
"Was that Safe Deposit key there at that time?"
"They were all there--all six. I'm certain of it," asserted Selwood.
"This is the key of this safe," he went on, selecting one.
"Open the safe, then," said Barthorpe. "Another safe at the Alpha, eh?"
he continued, musingly. "I never knew he had a safe there. Did you ever
know him to use it?"
"I've been to it myself," answered Selwood. "I took some documents there
and deposited them, two days ago. There's not very much in this safe,"
he went on, throwing open the door. "It's not long since I tidied it
out--at his request. So far as I know, there are no private papers of
any note there. He never made much use of this safe--in my presence, at
any rate."
"Well, we'll see what there is, anyhow," remarked Barthorpe. He began to
examine the contents of the safe methodically, taking the various papers
and documents out one by one and laying them in order on a small table
which Selwood wheeled up to his side. Within twenty minutes he had gone
through everything, and he began to put the papers back.
"No will there," he murmured. "We'll go on to Portman Square now, Mr.
Selwood. After all, it's much more likely that he'd keep his will in the
safe at his own house--if he made one. But I don't believe he ever made
a will."
Mr. Tertius and Peggie Wynne were still in the study when Barthorpe and
Selwood drove up to the house. The driver of the taxi-cab had just gone
away, and Mr. Tertius was discussing his information with Peggie.
Hearing Barthorpe's voice in the hall he gave her a warning glance.
"Quick!" he said hurriedly. "Attend to what I say! Not a word to your
cousin about the man who has just left us. At present I don't want Mr.
Barthorpe Herapath to know what he told us. Be careful, my dear--not a
word! I'll tell you why later on--but at present, silence--strict
silence!"
Barthorpe Herapath came bustling into the room, followed by Selwood,
who, as it seemed to Peggie, looked utterly unwilling for whatever task
might lay before him. At sight of Mr. Tertius, Barthorpe came to a
sudden halt and frowned.
"I don't want to discuss matters further, Mr. Tertius," he said coldly.
"I thought I had given you a hint already. My cousin and I have private
matters to attend to, and I shall be obliged if you'll withdraw. You've
got private rooms of your own in this house, I believe--at any rate,
until things are settled--and it will be best if you keep to them."
Mr. Tertius, who had listened to this unmoved, turned to Peggie.
"Do you wish me to go away?" he asked quietly.
Barthorpe turned on him with an angry scowl.
"It's not a question of what Miss Wynne wishes, but of what I order," he
burst out. "If you've any sense of fitness, you'll know that until my
uncle's will is found and his wishes ascertained I'm master here, Mr.
Tertius, and----"
"You're not my master, Barthorpe," exclaimed Peggie, with a sudden flash
of spirit. "I know what my uncle's wishes were as regards Mr. Tertius,
and I intend to respect them. I've always been mistress of this house
since my uncle brought me to it, and I intend to be until I find I've no
right to be. Mr. Tertius, you'll please to stop where you are!"
"I intend to," said Mr. Tertius, calmly. "I never had any other
intention. Mr. Barthorpe Herapath, I believe, will hardly use force to
compel me to leave the room."
Barthorpe bit his lips as he glanced from one to the other.
"Oh!" he said. "So that's how things are? Very good, Mr. Tertius. No, I
shan't use physical force. But mind I don't use a little moral force--a
slight modicum of that would be enough for you, I'm thinking!"
"Do I understand that you are using threatening language to me?" asked
Mr. Tertius, mildly.
Barthorpe sneered, and turned to Selwood.
"We'll open this safe now," he said. "You know which is the key, I
suppose," he went on, glaring at Peggie, who had retreated to the
hearthrug and was evidently considerably put out by her cousin's
behaviour. "I suppose you never heard my uncle mention a will? We've
searched his private safe at the office and there's nothing there.
Personally, I don't believe he ever made a will--I never heard of it.
And I think he'd have told me if--"
Mr. Tertius broke in upon Barthorpe's opinions with a dry cough.
"It may save some unnecessary trouble if I speak at this juncture," he
said. "There is a will."
Barthorpe's ruddy cheeks paled in spite of his determined effort to
appear unconcerned. He twisted round on Mr. Tertius with a startled eye
and twitching lips.
"You--you say there is a will!" he exclaimed. "You say--what do you know
about it?"
"When it was made, where it was made, where it now is," answered Mr.
Tertius.
"Where it now is!" repeated Barthorpe. "Where it now--is! And where is
it, I should like to know?"
Mr. Tertius, who had gone up to Peggie, laid his hand reassuringly on
her arm.
"Don't be afraid, my dear," he whispered. "Perhaps," he continued,
glancing at Barthorpe, "I had better tell you when and where it was
made. About six months ago--in this room. One day Mr. Herapath called me
in here. He had his then secretary, Mr. Burchill, with him. He took a
document out of a drawer, told us that it was his will, signed it in our
joint presence, and we witnessed his signature in each other's presence.
He then placed the will in an envelope, which he sealed. I do not know
the terms of the will--but I know where the will is."
Barthorpe's voice sounded strangely husky as he got out one word:
"Where?"
Mr. Tertius took Peggie by the elbow and led her across the room to a
recess in which stood an ancient oak bureau.
"This old desk," he said, "belonged, so he always told me, to Jacob's
great-grandfather. There is a secret drawer in it. Here it is--concealed
behind another drawer. You put this drawer out--so--and here is the
secret one. And here--where I saw Jacob Herapath put it--is the will."
Barthorpe, who had followed these proceedings with almost irrepressible
eagerness, thrust forward a shaking hand. But Mr. Tertius quietly handed
the sealed envelope to Peggie.
"This envelope," he remarked, "is addressed to Miss Wynne."
Barthorpe made an effort and controlled himself.
"Open it!" he said hoarsely. "Open it!"
Peggie fumbled with the seal of the envelope and then, with a sudden
impulse, passed it to Selwood.
"Mr. Selwood!" she exclaimed imploringly. "You--I can't. You open it,
and--"
"And let him read it," added Mr. Tertius.
Selwood, whose nerves had been strung to a high pitch of excitement by
this scene, hastily slit open the envelope, and drew out a folded sheet
of foolscap paper. He saw at a glance that there was very little to
read. His voice trembled slightly as he began a recital of the contents.
"'This is the last will of me, Jacob Herapath, of 500,
Portman Square, London, in the County of Middlesex. I
give, devise, and bequeath everything of which I die
possessed, whether in real or personal estate, absolutely
to my niece, Margaret Wynne, now resident with me at the
above address, and I appoint the said Margaret Wynne the
sole executor of this my will. And I revoke all former
wills and codicils. Dated this eighteenth day of April,
1912.
"'JACOB HERAPATH.'"
Selwood paused there, and a sudden silence fell--to be as suddenly
broken by a sharp question from Barthorpe.
"The Witnesses?" he said. "The witnesses!"
Selwood glanced at the further paragraph which he had not thought it
necessary to read.
"Oh, yes!" he said. "It's witnessed all right." And he went on reading.
"'Signed by the testator in the presence of us both
present at the same time who in his presence and in the
presence of each other have hereunto set our names as
witnesses.
"'JOHN CHRISTOPHER TERTIUS, of 500, Portman Square,
London: Gentleman.
"'FRANK BURCHILL, of 331, Upper Seymour Street, London:
Secretary.'"
As Selwood finished, he handed the will to Peggie, who in her turn
hastily gave it to Mr. Tertius. For a moment nobody spoke. Then
Barthorpe made a step forward.
"Let me see that!" he said, in a strangely quiet voice. "I don't want to
handle it--hold it up!"
For another moment he stood gazing steadily, intently, at the signatures
at the foot of the document. Then, without a word or look, he twisted
sharply on his heel, and walked swiftly out of the room and the house.