As if this were a signal that had been waited for, all now became

activity. Jean fetched my coat, boots, and other articles from my

bedroom; the bonds that fastened me were unloosed, and I was told to

at once complete my toilet. A similar process took place with regard

to Karavich; but whereas, when he was fully dressed, his arms were at

once strapped down again, in my case, by Legros’ orders, the bonds were

dispensed with. Both of us, however, were still gagged. Presently, a

noise of wheels was faintly audible, which momentarily grew louder

and more distinct. A long dark cloak, the collar of which effectually

muffled the lower part of his face, was hastily thrown over Karavich’s

shoulders, while a wide-brimmed soft felt hat was placed on his head.

This done, he was conducted by two of the men from the room, and I

heard all three descend the stairs. By this time, the vehicle, whatever

it might be, the noise of which we had heard, had drawn up opposite the

house. Half a minute later, we heard it drive away, and presently all

sound of it was lost in the distance.

Had Karavich been forced away in it? And if so, why, and whither was

he being taken? But scarcely had I time to formulate these queries in

my mind, before the noise of approaching wheels became audible for the

second time. A cloak, similar to that in which the _cafetier_ had been

enveloped, was now thrown over my shoulders, and the collar turned up

round my face. After a few whispered words of warning from Legros, I

was told to follow him down-stairs as noiselessly as possible, which I

proceeded to do, the fourth man bringing up the rear. By this time the

second vehicle had drawn up opposite the door. The lower part of the

house and the shop were in utter darkness. Legros took me by the hand

and guided me the way I was to go. Some one—Jean, I take it to have

been—stood by the outer door, and opened it silently as we drew near;

and so, without a word, we three passed out into the street. The fog

had thinned somewhat, but not to any great extent. The light of a lamp

on the opposite side of the street showed like a faint blurred point of

flame seen from afar. A vehicle, which by that dim light had all the

appearance of an ordinary London four-wheeled cab, with a man seated on

the box, was drawn up close to the kerb. So much I was enabled to see,

but no more. I was hurried at once into the vehicle; Legros and the

other man got in after me; the door was shut without noise; the windows

were drawn up; Jean, whom we left behind, said something to the driver;

and a moment later, we were being driven rapidly away.

I was utterly at a loss to know the time; but judging by the solitude

of the streets and the infrequency with which we encountered any other

vehicles, it must have been still very early in the morning. Even if

the night had been a perfectly clear one, there was nothing in our

appearance to attract the notice of the most suspicious of policemen. A

cab containing two or three occupants at an early hour in the morning

in London streets, is too common an object to call for a second glance

from any one who may encounter it.

We were a silent party. None of us spoke after we entered the vehicle.

My companions lay back with folded arms and their hats drawn over their

brows. Whether they were asleep or awake, it was impossible for me

to determine. My thoughts had ample time to busy themselves with any

number of perplexing problems before our drive came to an end, which it

did, as nearly as I could judge, in about an hour’s time. We had got

off the paved streets some time before this, and were now driving over

an ordinary macadamised road. Suddenly we drew up, and the same moment

my two companions became on the alert.

‘Pardon me,’ said M. Legros as he drew a silk muffler from one of

his pockets, ‘but it is necessary that I should blindfold you for a

few minutes.’ Then he added: ‘Do implicitly as you are told; have

confidence in me, and no harm shall befall you.’

Some one outside had apparently opened a pair of gates by this time;

we went through, passed forward a little way farther at a walking

pace, and then came to a final stand. Before this, the deft fingers

of M. Legros had effectually bandaged my eyes. The carriage-door was

now opened, and one of my companions giving me his hand, helped me to

alight, and then led me forward. There was an ascent of three or four

steps, and then I felt that I had passed out of the cold night-air

into the warmer atmosphere of a house. A minute later, my eyes were

unbandaged, and, better still, the gag was removed from my mouth.

I found myself in a large and elegantly furnished room, lighted by a

lamp on the centre table, and by candles in the girandoles over the

chimney-piece. A wood-fire burned cheerfully in the grate. Standing

with his back to it, and watching my look of amazement with an amused,

cynical smile, was M. Legros. We were alone.

‘I hope you feel none the worse for your little journey?’ he said. ‘We

shall have a longer one to take presently, so I think the best thing we

can do is to make due preparation for it.’

‘Another journey!’ I stammered. ‘Where to, this time?’

‘That you will learn when the proper time arrives,’ he answered dryly.

‘And Karavich—will he accompany us?’ I asked.

‘Ah, bah! why trouble yourself about Karavich?’ he demanded, with a

contraction of his brows. ‘He is nothing to you, nor you to him.’ Then

a moment later he added, almost as if speaking to himself: ‘But yes;

_ce cher_ Karavich will accompany us certainly. We cannot afford to

leave _him_ behind.’

At this juncture, a servant appeared with a tray containing a cold

chicken together with other comestibles. This was supplemented by a

second tray on which were coffee, wines, and liqueurs. ‘Come,’ said

Legros with a smile, as he sat down on a chair which the man had placed

for him, ‘let us make ourselves what you English call jolly.’

‘Jolly!’ I ejaculated with a miserable attempt at a laugh. ‘I’m likely

to feel jolly under such circumstances as these!’

‘Why not?’ he demanded blandly. ‘Ah, _mon enfant_, when you have lived

as long as I have, you will have learnt that the truest philosophy is

to enjoy the present while you can, and leave the future to take care

of itself. Sit, and let me assist you to a wing of this fowl; or what

say you to this mayonnaise? It looks as if it might tempt an anchorite.’

‘I am not hungry; I cannot eat.’

‘Foolish boy! Remember you have a long cold journey before you. Try, at

least, a couple of these caviare sandwiches.’

I shook my head. ‘I will take a cup of coffee, nothing more.’

M. Legros pulled the ends of his moustache, but made no further attempt

to persuade me; so, while I sat and sipped my coffee, he went on with

his supper—if supper it could be called. He was a quick eater, and in a

few minutes he rose and pushed back his chair.

After the servant left the room, except for the opening or shutting of

a distant door once or twice, no sounds from without were audible. I

neither heard nor saw anything either of Karavich or the others. But

scarcely had M. Legros risen from the table, when once more we heard

the noise of wheels—the noise as of some heavy vehicle, which, after

being driven slowly up to the house, came to a halt. In the hush which

followed, one could hear the pawing of the horses on the gravel and the

champing of their bits. I noticed that my companion was listening as

intently as I was. ‘I must ask you to remain here till I rejoin you,’

he said presently. ‘I shall not be more than a few minutes away;’ and

with that he smiled, nodded, and left the room.

I had plenty of food for thought during his absence; but those readers

who have followed me thus far will scarcely need to be enlightened as

to the tenor of my reflections. They were anything but comforting.

Scant time was, however, afforded me for perplexed broodings.

Presently, a distant door seemed to open, and then came the half-hushed

sound of the footsteps of several people advancing along the corridor

into which the door of my room opened, then passing the door itself,

and then being gradually lost in the distance. The men, whoever they

might be, walked slowly and carefully and as though they were carrying

some heavy burden. A few moments later, I could distinguish the

voices of several people talking in low tones outside the house. My

curiosity overmastered my prudence. The room had two windows, both of

them having venetian blinds, now closely shut, and, in addition, long

heavy curtains that reached the ground. Crossing quickly to one of the

windows, I stepped behind the curtain, and then cautiously raising one

of the laths of the blind a little way, I peered through the crevice.

The sight which met my eyes was one that might well make the blood of

a braver man than I profess to be run cold. The fog had cleared away,

and by the aid of the starlight, I could just make out what seemed to

me the outlines of a hearse, with a pair of horses, standing a few

yards away in the courtyard or space of ground which fronted the house.

While I was still staring at this grim apparition, a couple of men

carrying lighted lanterns appeared on the scene; then I saw clearly

that the object I had been gazing at was indeed a hearse, but denuded

of its plumes. But scarcely had I time to note this, when a procession

of some half-dozen men appeared, walking two and two, and carrying on

their shoulders something long, black, and heavy. For one moment I was

puzzled, and then the dread certainty flashed upon me that the burden

they bent under was a coffin, but not an empty one. When they came

within the dim circle of light given out by the lanterns, it became

plainly visible. I could bear no more. I let the blind drop, and turned

away with a cold sick dread at my heart, such as I had never felt

before. Had a murder just been perpetrated under that silent roof, and

if so——? A dozen ghastly questions surged through my brain, not one of

which I was able to answer. A few minutes later I heard, through my

half-dazed senses, the hearse move away a little distance, and a second

vehicle drive up and take its place. Then in came M. Legros in his

overcoat and hat.

‘All is in readiness for the second stage of our journey,’ he said as

he rubbed his chilled hands for a few moments over the fire.

I did not answer him. He looked sharply at me, and as he did so, a

cold, dangerous glitter came into his eyes. His gaze travelled to the

window, and then back to my face, and then he muttered something under

his breath that sounded like a malediction. He was still bending over

the grate; but when next his eyes met mine, all trace of annoyance had

vanished.

‘You look as white, my friend, as if you had just seen a ghost,’ he

remarked with that inscrutable smile of his. ‘You have gone too long

without food. However, there’s no time now. Here, drink this,’ he

added; and with that he crossed to the table and poured out a small

glass of some sort of liqueur. I took it mechanically and drank it.

Then Legros handed me the fur-lined cloak and my hat, and then he said:

‘Once more, and I hope for the last time.’ With that he produced the

silk muffler and bandaged my eyes; then taking me by the hand, he led

me from the room.

HOW TO PROVE A WILL.

IN ENGLAND.

A great change has come over the procedure in proving wills and

obtaining administration in England within the last thirty years.

Formerly it was a mysterious, difficult, and expensive process, which

few people understood; and he who had to undertake such duties was

glad to place himself in the hands of a proctor, and, it may be added,

was usually glad to get out of them again. The proceeding is now much

more simple and intelligible, and when the property is small, is very

inexpensive.

Probate, Administration, and the ‘Death Duties,’ as the taxes levied on

inheritances have been appropriately named, are no doubt amongst the

gloomiest of topics falling to be discussed in the columns of a popular

journal. There are very few people of adult years, however, who have

not been forced to make acquaintance with these matters in some form or

other and at some time or other; and a brief account of the subject,

and of the best and cheapest method of proceeding, may not be without

value when the pinch of action arrives. To the poor, the knowledge

that a legal title to the little properties left by their relatives

can be obtained for a few shillings, and with next to no trouble,

would seem to be especially desirable. To richer folk, the subject may

recommend itself in another fashion. Constituted as men are, it is very

certain that the distribution of property amongst survivors forms a not

inconsiderable item of the alleviations provided by Mother Nature for

the pain of inevitable losses by death, although the generality of us

would undoubtedly refuse to indorse the remarkably frank declaration of

a hard-hearted modern poet:

Sweet is a legacy, and passing sweet

The unexpected death of some old lady

Or gentleman of seventy years complete,

Who’ve made ‘us youth’ wait too, too long already.

Up to a little more than a quarter of a century ago, the business

connected with the proof and custody of wills and the granting of

administration in England, was conducted by officers appointed by

the archbishops and bishops of the Established Church. In every city

which was the seat of a bishop’s see, a court existed, called the

Diocesan Court, presided over nominally by the archbishop or bishop,

but really by a proctor or barrister, who was the representative or

‘official principal’ of the ecclesiastical dignitary; with a limited

number of proctors—that is, ecclesiastical lawyers—who possessed

the exclusive privilege of proving wills, and whose posts were very

lucrative and much coveted. Besides these Diocesan Courts, a multitude

of smaller courts were scattered up and down the country, variously

called Archidiaconal, Prebendal, Peculiar, or Manorial Courts, all

having the power of making grants of probate or administration in their

respective localities, and whose operations frequently resulted in

confusion, uncertainty, and needless expense. An investigation into the

origin of these small courts discloses in almost all cases curious and

interesting features of those times when the authority of the Church

penetrated deeply into every portion of society, and into nearly every

transaction of life.

All these courts, large and small, were swept away in 1857. After

several abortive attempts by successive governments, and in the teeth

of great opposition from the interests affected, a measure was carried

through parliament, mainly by the energy of Lord Westbury, abolishing

the entire system, and creating a court new to English jurisprudence,

the Court of Probate. The antique fabric embracing the Prerogative,

Diocesan, and Peculiar Courts, with their vicars-general, ordinaries,

advocates, surrogates, and apparitors, vanished like a dream before

this drastic ordinance. The exclusive privileges of the proctors

were put an end to, and all kinds of testamentary business thrown

open to the legal profession. It was a rather costly process. Large

compensations had to be paid to the superseded functionaries, as is not

unusual in such cases; but the extinction of an effete system, and the

substitution of a tribunal and a procedure adequate to the requirements

of the times, were imperatively called for.

The Court of Probate thus constituted is not only a court for hearing

and determining causes connected with contested wills and disputes

among next of kin as to the right to property, but possesses also

effective administrative machinery for the granting of probate and

letters of administration. A principal Registry at Somerset House in

London, and thirty-nine District Registries distributed over England

and Wales, are attached to the court, and from these registries the

grants of probate and administration with which most people are

familiar issue.

Did the reader ever prove a will? The phrase has a rather formidable

sound, but the proceeding is a sufficiently tame and prosaic affair.

A will is ordinarily ‘proved’ in the following manner: The executor

named in the will takes it to a solicitor, and furnishes him with

particulars of the name, residence, and date of death of the testator;

his (the executor’s) own name, residence, business, and relationship to

the deceased; with an account of the nature and value of the property.

This information is embodied in two affidavits—printed forms with

blanks left for the details—which the executor signs, and is sworn

to. The will and affidavits are then lodged by the solicitor either

in the principal probate registry in London or in one of the district

registries, according to the locality in which the testator resided.

The documents being in proper order, a form on parchment is filled up

in the probate registry, reciting the particulars contained in the

affidavits; and to this form is attached a copy of the will, likewise

written on parchment. The two together constitute ‘the probate;’ and

when this is signed by the registrar and sealed with the seal of the

court, the will is said to be ‘proved.’ The original will is forthwith

enrolled and indexed in the books of the registry, where it can be

perused by any person on payment of a fee of one shilling.

In proving a will, the executor may now either employ a solicitor to

prepare the affidavits and take all trouble off his hands, as mentioned

above, or he may apply personally at the registry for probate.

Facilities for so doing are provided by law, and the grant is obtained

at a lower charge than would have to be paid if the services of a

professional man were engaged. The _modus operandi_ is as follows:

The executor himself lodges the will in the probate registry, and

furnishes to the officers there the particulars already enumerated as

to the testator, himself, and the property. The necessary affidavits

are prepared in the registry, and there signed and sworn to by the

executor, who must at the same time pay the registry charges and the

probate duty. In case the attestation clause to the will is wanting,

or is not in the form required by law—circumstances which frequently

occur—a further affidavit is prepared; and one of the witnesses to the

signing of the will must attend at the registry and be sworn to such

affidavit. In a few days afterwards, the probate of the will is issued

to the executor, who can then proceed to deal with the property.

When a deceased person has made no will, but has left money, furniture,

shares, or other property not being land or houses, the law steps in,

and in effect makes a will for him, by dividing such property amongst

his nearest kindred in certain proportions, which are pretty generally

known. The instrument authorising a particular person to make the

division is called Letters of Administration. If the deceased has

left a widow, she is the person entitled to administer; if no widow,

then the children; and if no children, then the relative nearest in

blood. The widow or relative applying for administration attends at the

probate registry in the same way and furnishes the same particulars

as an executor who applies for probate of a will, with this addition,

that the applicant for administration must enter into bond, and

provide two persons of full age, who are willing to become his or her

sureties for the faithful distribution of the property. Whether the

estate of a deceased person be large or small in amount, the executor

or administrator has the option of applying personally at a probate

registry for the grant, and in every case by so doing he effects a

considerable saving of expense.

The fiscal legislation of the last few years has been very favourable

and indulgent to persons administering small estates. At the present

time, if a man dies without a will leaving personal property not

exceeding a hundred pounds, his widow or children can apply to the

probate registry of the district—or if residing more than three

miles from such a registry, to the registrar of the County Court of

the district—for letters of administration; and the grant will cost

only from five to thirteen shillings, according to the value of the

property. The children of a widow are entitled to the same privilege.

Again, when a man or woman dies a little better off, either with or

without a will, if the whole personal estate does not exceed three

hundred pounds, application can be made to the probate registry of the

district—or if there be no registry near, to the Inland Revenue office

of the nearest town—for a grant of probate or administration. All the

necessary papers will be prepared at one or other of these offices;

and the grant will be issued on payment of thirty shillings for duty

and fifteen shillings for fees. In case the property does not exceed

one hundred pounds, on payment of fifteen shillings for fees only. In

none of these instances will the property be liable to legacy or other

additional duty. The deceased’s debts, however, are not allowed to be

deducted in order to bring the property under these amounts, and the

privilege is restricted to the cases of persons who have died since

the 1st of June 1881. Those who remember how costly was the process of

proving a will or obtaining administration in the old ecclesiastical

courts, however small the property might be, and those who more

recently have had to pay their solicitor’s bill for the same services,

will be aware that the substitution of this low tariff is a boon of

a substantial character to all interested in the transfer of small

estates at death.

While recent legislation has been thus favourable to the poorer

classes, and has lessened the expense of obtaining grants in all cases

where application is made in person at the probate registry, it has

also introduced a much needed reform in the mode of levying the probate

duty. The debts owing by any person at death can now be deducted from

the amount of the personal property, leaving probate duty to be paid on

the remainder only. Formerly, duty was required to be paid on the gross

amount of the personal assets without any deduction whatever for debts.

It is true that after debts were actually paid, application might be

made to the Inland Revenue authorities for a return of the duty or a

portion of the duty in respect of them; but difficulty and delay were

sometimes experienced in obtaining such returns of duty, and frequent

hardships were inflicted. Thus, where the property of a deceased person

was nominally under a large amount, and the debts were almost as large,

there was obviously no fund out of which probate duty could be paid.

The executor was consequently out of pocket, often for a considerable

time, and a disinclination to undertake such responsibilities was the

natural result.

IN SCOTLAND.

Chambers's Journal of Popular Literature, Science, and Art, fifth series, no. 123, vol. III, May 8, 1886 · 第 2 / 3 段