CHAPTER XIV

Sharp Quillets of the Low

“_Things done without example—in their issue

Are to be feared._”

_Henry VIII_, 1, 2

“Murbles is coming round to dinner to-night, Charles,” said Wimsey. “I

wish you’d stop and have grub with us too. I want to put all this family

history business before him.”

“Where are you dining?”

“Oh, at the flat. I’m sick of restaurant meals. Bunter does a wonderful

bloody steak and there are new peas and potatoes and genuine English

grass. Gerald sent it up from Denver specially. You can’t buy it. Come

along. Ye olde English fare, don’t you know, and a bottle of what Pepys

calls Ho Bryon. Do you good.”

Parker accepted. But he noticed that, even when speaking on his beloved

subject of food, Wimsey was vague and abstracted. Something seemed to be

worrying at the back of his mind, and even when Mr. Murbles appeared,

full of mild legal humour, Wimsey listened to him with extreme courtesy

indeed, but with only half his attention.

They were partly through dinner when, a propos of nothing, Wimsey

suddenly brought his fist down on the mahogany with a crash that

startled even Bunter, causing him to jerk a great crimson splash of the

Haut Brion over the edge of the glass upon the tablecloth.

“Got it!” said Lord Peter.

Bunter in a low shocked voice begged his lordship’s pardon.

“Murbles,” said Wimsey, without heeding him, “isn’t there a new Property

Act?”

“Why, yes,” said Mr. Murbles, in some surprise. He had been in the

middle of a story when the interruption occurred, and was a little put

out.

“I knew I’d read that sentence somewhere—you know, Charles—about doing

away with the long-lost claimant from overseas. It was in some paper or

other about a couple of years ago, and it had to do with the new Act. Of

course, it said what a blow it would be to romantic novelists. Doesn’t

the Act wash out the claims of distant relatives, Murbles?”

“In a sense, it does,” replied the solicitor. “Not, of course, in the

case of entailed property, which has its own rules. But I understand you

to refer to ordinary personal property or real estate not entailed.”

“Yes—what happens to that, now, if the owner of the property dies

without making a will?”

“It is rather a complicated matter,” began Mr. Murbles.

“Well, look here, first of all—before the jolly old Act was passed, the

next-of-kin got it all, didn’t he—no matter if he was only a seventh

cousin fifteen times removed?”

“In a general way, that is correct. If there was a husband or wife—”

“Wash out the husband and wife. Suppose the person is unmarried and has

no near relations living. It would have gone—”

“To the next-of-kin, whoever that was, if he or she could be traced.”

“Even if you had to burrow back to William the Conqueror to get at the

relationship?”

“Always supposing you could get a clear record back to so very early a

date,” replied Mr. Murbles. “It is, of course, in the highest degree

improbable—”

“Yes, yes, I know, sir. But what happens now in such a case?”

“The new Act makes inheritance on intestacy very much simpler,” said Mr.

Murbles, setting his knife and fork together, placing both elbows on the

table and laying the index-finger of his right hand against his left

thumb in a gesture of tabulation.

“I bet it does,” interpolated Wimsey. “I know what an Act to make things

simpler means. It means that the people who drew it up don’t understand

it themselves and that every one of its clauses needs a law-suit to

disentangle it. But do go on.”

“Under the new Act,” pursued Mr. Murbles, “one half of the property goes

to the husband and wife, if living, and subject to his or her

life-interest, then all to the children equally. But if there be no

spouse and no children, then it goes to the father or mother of the

deceased. If the father and mother are both dead, then everything goes

to the brothers and sisters of the whole blood who are living at the

time, but if any brother or sister dies before the intestate, then to

his or her issue. In case there are no brothers or sisters of the—”

“Stop, stop! you needn’t go any further. You’re absolutely sure of that?

It goes to the brothers’ or sisters’ issue?”

“Yes. That is to say, if it were you that died intestate and your

brother Gerald and your sister Mary were already dead, your money would

be equally divided among your nieces and nephews.”

“Yes, but suppose they were already dead too—suppose I’d gone tediously

living on till I’d nothing left but great-nephews and great-nieces—would

they inherit?”

“Why—why, yes, I suppose they would,” said Mr. Murbles, with less

certainty, however. “Oh, yes, I think they would.”

“Clearly they would,” said Parker, a little impatiently, “if it says to

the issue of the deceased’s brothers and sisters.”

“Ah! but we must not be precipitate,” said Mr. Murbles, rounding upon

him. “To the lay mind, doubtless, the word ‘issue’ appears a simple one.

But in law”—(Mr. Murbles, who up till this point had held the

index-finger of the right hand poised against the ring-finger of the

left, in recognition of the claims of the brothers and sisters of the

half-blood, now placed his left palm upon the table and wagged his right

index-finger admonishingly in Parker’s direction)—“in _law_ the word may

bear one of two, or indeed several, interpretations according to the

nature of the document in which it occurs and the date of that

document.”

“But in the new Act—” urged Lord Peter.

“I am not, particularly,” said Mr. Murbles, “a specialist in the law

concerning property, and I should not like to give a decided opinion as

to its interpretation, all the more as, up to the present, no case has

come before the Courts bearing on the present issue—no pun intended, ha,

ha, ha! But my immediate and entirely tentative opinion—which, however,

I should advise you not to accept without the support of some weightier

authority—would be, I _think_, that issue in this case means issue _ad

infinitum_, and that therefore the great-nephews and great-nieces would

be entitled to inherit.”

“But there might be another opinion?”

“Yes—the question is a complicated one—”

“What did I tell you?” groaned Peter. “I _knew_ this simplifying Act

would cause a shockin’ lot of muddle.”

“May I ask,” said Mr. Murbles, “exactly why you want to know all this?”

“Why, sir,” said Wimsey, taking from his pocket-book the genealogy of

the Dawson family which he had received from the Rev. Hallelujah Dawson,

“here is the point. We have always talked about Mary Whittaker as Agatha

Dawson’s niece; she was always called so and she speaks of the old lady

as her aunt. But if you look at this, you will see that actually she was

no nearer to her than great-niece: she was the grand-daughter of

Agatha’s sister Harriet.”

“Quite true,” said Mr. Murbles, “but still, she was apparently the

nearest surviving relative, and since Agatha Dawson died in 1925, the

money passed without any question to Mary Whittaker under the old

Property Act. There’s no ambiguity there.”

“No,” said Wimsey, “none whatever, that’s the point. But—”

“Good God!” broke in Parker, “I see what you’re driving at. When did the

new Act come into force, sir?”

“In January, 1926,” replied Mr. Murbles.

“And Miss Dawson died, rather unexpectedly, as we know, in November,

1925,” went on Peter. “But supposing she had lived, as the doctor fully

expected her to do, till February or March, 1926—are you absolutely

positive, sir, that Mary Whittaker would have inherited then?”

Mr. Murbles opened his mouth to speak—and shut it again. He rubbed his

hands very slowly the one over the other. He removed his eyeglasses and

resettled them more firmly on his nose. Then:

“You are quite right, Lord Peter,” he said in a grave tone, “this is a

very serious and important point. Much too serious for me to give an

opinion on. If I understand you rightly, you are suggesting that any

ambiguity in the interpretation of the new Act might provide an

interested party with a very good and sufficient motive for hastening

the death of Agatha Dawson.”

“I do mean exactly that. Of course, if the great-niece inherits anyhow,

the old lady might as well die under the new Act as under the old. But

if there was any doubt about it—how tempting, don’t you see, to give her

a little push over the edge, so as to make her die in 1925. Especially

as she couldn’t live long anyhow, and there were no other relatives to

be defrauded.”

“That reminds me,” put in Parker, “suppose the great-niece is excluded

from the inheritance, where does the money go?”

“It goes to the Duchy of Lancaster—or in other words, to the Crown.”

“In fact,” said Wimsey, “to no one in particular. Upon my soul, I really

can’t see that it’s very much of a crime to bump a poor old thing off a

bit previously when she’s sufferin’ horribly, just to get the money she

intends you to have. Why the devil should the Duchy of Lancaster have

it? Who cares about the Duchy of Lancaster? It’s like defrauding the

Income Tax.”

“Ethically,” observed Mr. Murbles, “there may be much to be said for

your point of view. Legally, I am afraid, murder is murder, however

frail the victim or convenient the result.”

“And Agatha Dawson didn’t want to die,” added Parker, “she said so.”

“No,” said Wimsey, thoughtfully, “and I suppose she had a right to an

opinion.”

“I think,” said Mr. Murbles, “that before we go any further, we ought to

consult a specialist in this branch of the law. I wonder whether

Towkington is at home. He is quite the ablest authority I could name.

Greatly as I dislike that modern invention, the telephone, I think it

might be advisable to ring him up.”

Mr. Towkington proved to be at home and at liberty. The case of the

great-niece was put to him over the ’phone. Mr. Towkington, taken at a

disadvantage without his authorities, and hazarding an opinion on the

spur of the moment, thought that in all probability the great-niece

would be excluded from the succession under the new Act. But it was an

interesting point, and he would be glad of an opportunity to verify his

references. Would not Mr. Murbles come round and talk it over with him?

Mr. Murbles explained that he was at that moment dining with two friends

who were interested in the question. In that case, would not the two

friends also come round and see Mr. Towkington?

“Towkington has some very excellent port,” said Mr. Murbles, in a

cautious aside, and clapping his hand over the mouth-piece of the

telephone.

“Then why not go and try it?” said Wimsey, cheerfully.

“It’s only as far as Gray’s Inn,” continued Mr. Murbles.

“All the better,” said Lord Peter.

Mr. Murbles released the telephone and thanked Mr. Towkington. The party

would start at once for Gray’s Inn. Mr. Towkington was heard to say,

“Good, good,” in a hearty manner before ringing off.

On their arrival at Mr. Towkington’s chambers the oak was found to be

hospitably unsported, and almost before they could knock, Mr. Towkington

himself flung open the door and greeted them in a loud and cheerful

tone. He was a large, square man with a florid face and a harsh voice.

In court, he was famous for a way of saying, “Come now,” as a preface to

tying recalcitrant witnesses into tight knots, which he would then

proceed to slash open with a brilliant confutation. He knew Wimsey by

sight, expressed himself delighted to meet Inspector Parker, and bustled

his guests into the room with jovial shouts.

“I’ve been going into this little matter while you were coming along,”

he said. “Awkward, eh? ha! Astonishing thing that people can’t say what

they mean when they draw Acts, eh? ha! Why do you suppose it is, Lord

Peter, eh? ha! Come now!”

“I suspect it’s because Acts are drawn up by lawyers,” said Wimsey with

a grin.

“To make work for themselves, eh? I daresay you’re right. Even lawyers

must live, eh? ha! Very good. Well now, Murbles, let’s just have this

case again, in greater detail, d’you mind?”

Mr. Murbles explained the matter again, displaying the genealogical

table and putting forward the point as regards a possible motive for

murder.

“Eh, ha!” exclaimed Mr. Towkington, much delighted, “that’s good—very

good—your idea, Lord Peter? Very ingenious. Too ingenious. The dock at

the Old Bailey is peopled by gentlemen who are too ingenious. Ha! Come

to a bad end one of these days, young man. Eh! Yes—well, now, Murbles,

the question here turns on the interpretation of the word ‘issue’—you

grasp that, eh, ha! Yes. Well, _you_ seem to think it means issue _ad

infinitum_. How do you make that out, come now?”

“I didn’t say I thought it did; I said I thought it might,” remonstrated

Mr. Murbles, mildly. “The general intention of the Act appears to be to

exclude any remote kin where the common ancestor is further back than

the grandparents—not to cut off the descendants of the brothers and

sisters.”

“Intention?” snapped Mr. Towkington. “I’m astonished at you, Murbles!

The law has nothing to do with good intentions. What does the Act _say_?

It says, ‘To the brothers and sisters of the whole blood and their

issue.’ Now, in the absence of any new definition, I should say that the

word is here to be construed as before the Act it was construed on

intestacy—in so far, at any rate, as it refers to personal property,

which I understand the property in question to be, eh?”

“Yes,” said Mr. Murbles.

“Then I don’t see that you and your great-niece have a leg to stand

on—come now!”

“Excuse me,” said Wimsey, “but d’you mind—I know lay people are awful

ignorant nuisances—but if you _would_ be so good as to explain what the

beastly word did or does mean, it would be frightfully helpful, don’t

you know.”

“Ha! Well, it’s like this,” said Mr. Towkington, graciously. “Before

1837—”

“Queen Victoria, I know,” said Peter, intelligently.

“Quite so. At the time when Queen Victoria came to the throne, the word

‘issue’ had no legal meaning—no legal meaning at all.”

“You surprise me!”

“You are too easily surprised,” said Mr. Towkington. “Many words have no

legal meaning. Others have a legal meaning very unlike their ordinary

meaning. For example, the word ‘daffy-down-dilly.’ It is a criminal

libel to call a lawyer a daffy-down-dilly. Ha! Yes, I advise you _never_

to do such a thing. No, I certainly advise you never to do it. Then

again, words which are quite meaningless in your ordinary conversation

may have a meaning in law. For instance, I might say to a young man like

yourself, ‘You wish to leave such-and-such property to so-and-so.’ And

you would very likely reply, ‘Oh, yes, absolutely’—meaning nothing in

particular by that. But if you were to write in your will, ‘I leave

such-and-such property to so-and-so _absolutely_,’ then that word would

bear a definite legal meaning, and would condition your bequest in a

certain manner, and might even prove an embarrassment and produce

results very far from your actual intentions. Eh, ha! You see?”

“Quite.”

“Very well. Prior to 1837, the word ‘issue’ meant nothing. A grant ‘to

A. and his issue’ merely gave A. a life estate. Ha! But this was altered

by the Wills Act of 1837.”

“As far as a will was concerned,” put in Mr. Murbles.

“Precisely. After 1837, in a will, ‘issue’ meant ‘heirs of the

body’—that is to say, ‘issue _ad infinitum_.’ In a deed, on the other

hand, ‘issue’ retained its old meaning—or lack of meaning, eh, ha! You

follow?”

“Yes,” said Mr. Murbles, “and on intestacy of personal property—”

“I am coming to that,” said Mr. Towkington.

“—the word ‘issue’ continued to mean ‘heirs of the body,’ and that held

good till 1926.”

“Stop!” said Mr. Towkington, “issue of the child or children of the

deceased certainly meant ‘issue _ad infinitum’—but_—issue of any person

_not_ a child of the deceased only meant the child of that person and

did not include other descendants. And that undoubtedly held good till

1926. And since the new Act contains no statement to the contrary, I

think we must presume that it continues to hold good. Ha! Come now! In

the case before us, you observe that the claimant is _not_ the child of

the deceased nor issue of the child of the deceased; nor is she the

child of the deceased’s sister. She is merely the grandchild of the

deceased sister of the deceased. Accordingly, I think she is debarred

from inheriting under the new Act, eh? ha!”

“I see your point,” said Mr. Murbles.

“And moreover,” went on Mr. Towkington, “after 1925, ‘issue’ in a will

or deed does _not mean_ ‘issue _ad infinitum_.’ That at least is clearly

stated, and the Wills Act of 1837 is revoked on that point. Not that

that has any direct bearing on the question. But it may be an indication

of the tendency of modern interpretation, and might possibly affect the

mind of the court in deciding how the word ‘issue’ was to be construed

for the purposes of the new Act.”

“Well,” said Mr. Murbles, “I bow to your superior knowledge.”

“In any case,” broke in Parker, “any uncertainty in the matter would

provide as good a motive for murder as the certainty of exclusion from

inheritance. If Mary Whittaker only _thought_ she might lose the money

in the event of her great-aunt’s surviving into 1926, she might quite

well be tempted to polish her off a little earlier, and make sure.”

“That’s true enough,” said Mr. Murbles.

“Shrewd, very shrewd, ha!” added Mr. Towkington. “But you realise that

all this theory of yours depends on Mary Whittaker’s having known about

the new Act and its probable consequences as early as October, 1925, eh,

ha!”

“There’s no reason why she shouldn’t” said Wimsey. “I remember reading

an article in the _Evening Banner_, I think it was, some months

earlier—about the time when the Act was having its second reading.

That’s what put the thing into my head—I was trying to remember all

evening where I’d seen that thing about washing out the long-lost heir,

you know. Mary Whittaker may easily have seen it too.”

“Well, she’d probably have taken advice about it if she did,” said Mr.

Murbles. “Who is her usual man of affairs?”

Wimsey shook his head.

“I don’t think she’d have asked him,” he objected. “Not if she was wise,

that is. You see, if she did, and he said she probably wouldn’t get

anything unless Miss Dawson either made a will or died before January,

1926, and if after that the old lady did unexpectedly pop off in

October, 1925, wouldn’t the solicitor-johnnie feel inclined to ask

questions? It wouldn’t be safe, don’t y’know. I ’xpect she went to some

stranger and asked a few innocent little questions under another name,

what?”

“Probably,” said Mr. Towkington. “You show a remarkable disposition for

crime, don’t you, eh?”

“Well, if I did go in for it, I’d take reasonable precautions,” retorted

Wimsey. “’S wonderful, of course, the tomfool things murderers _do_ do.

But I have the highest opinion of Miss Whittaker’s brains. I bet she

covered her tracks pretty well.”

“You don’t think Mr. Probyn mentioned the matter,” suggested Parker,

“the time he went down and tried to get Miss Dawson to make her will.”

“I _don’t_,” said Wimsey, with energy, “but I’m pretty certain he tried

to explain matters to the old lady, only she was so terrified of the

very idea of a will she wouldn’t let him get a word in. But I fancy old

Probyn was too downy a bird to tell the heir that her only chance of

gettin’ the dollars was to see that her great-aunt died off before the

Act went through. Would _you_ tell anybody that, Mr. Towkington?”

“Not if I knew it,” said that gentleman, grinning.

“It would be highly undesirable,” agreed Mr. Murbles.

“Anyway,” said Wimsey, “we can easily find out. Probyn’s in Italy—I was

going to write to him, but perhaps you’d better do it, Murbles. And, in

the meanwhile, Charles and I will think up a way to find whoever it was

that did give Miss Whittaker an opinion on the matter.”

“You’re not forgetting, I suppose,” said Parker, rather dryly, “that

before pinning down a murder to any particular motive, it is usual to

ascertain that a murder has been committed? So far, all we know is that,

after a careful post-mortem analysis, two qualified doctors have agreed

that Miss Dawson died a natural death.”

“I wish you wouldn’t keep on saying the same thing, Charles. It bores me

so. It’s like the Raven never flitting which, as the poet observes,

still is sitting, still is sitting, inviting one to heave the pallid

bust of Pallas at him and have done with it. You wait till I publish my

epoch-making work: _The Murderer’s Vade-Mecum, or 101 Ways of Causing

Sudden Death_. That’ll show you I’m not a man to be trifled with.”

“Oh, well!” said Parker.

But he saw the Chief Commissioner next morning and reported that he was

at last disposed to take the Dawson case seriously.

Unnatural death · 第 6 / 11 章