A Fool's Errand & Bricks without Straw

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A Fool's Errand & Bricks without Straw Page 77

by Albion Winegar Tourgée


  "Certainly," said Pardee, "there can be no objection on my part. I merely called your attention to the fact as a part of my duty as your legal adviser."

  So Miss Hetty remained sitting upon the side of the bed, holding one of the invalid's hands. Pardee seated himself at a small table near the bed, and, having arranged his papers so that they would be convenient for reference, began:

  "You will recollect, madam, that the task intrusted to me was twofold: first, to verify this will found by your son and ascertain whose testament it was, its validity or invalidity; and, in case It was valid, its effect and force. Secondly, I was directed to make all reasonable effort, in case of its validity being established, to ascertain the existence of any one entitled to take under its provisions. In this book," said he, holding up a small volume, "I have kept a diary of all that I have done in regard to the matter, with dates and places. It will give you in detail what I shall now state briefly.

  "I went to Lancaster, where the will purports to have been executed, and ascertained its genuineness by proving the signatures of the attesting witnesses, and established also the fact of their death. These affidavits' — holding up a bundle of papers — "show that I also inquired as to the testator's identity; but I could learn nothing except that the descendants of one of the witnesses who had bought your ancestor's farm, upon his removal to the South, still had his deed in possession. I copied it, and took a tracing of the signature, which is identical with that which he subsequently used — James Richards, written in a heavy and somewhat sloping hand, for that time. I could learn nothing more in regard to him or his family.

  "Proceeding then to Marblehead, I learned these facts. There were two parties named James Richards. They were cousins; and in order to distinguish them from each other they were called by the family and neighbors, 'Red Jim' and 'Black Jim' respectively — the one having red hair and blue eyes, and the other dark hair and black eyes."

  "Yes," interrupted Mrs. Le Moyne, "I was the only blonde in my family, and I have often heard my father say that I got it from some ancestral strain, perhaps the Whidbys, and resembled his cousins."

  "Yes," answered Pardee, "a Whidby was a common ancestress of your father and his cousin, 'Red Jim.' It is strange how family traits reproduce themselves in widely-separated strains of blood."

  "Well," said Hesden, "did you connect him with this will?"

  "Most conclusively," was the reply. "In the first place, his wife's name was Edna — Edna Goddard — before marriage, and he left an only daughter, Alice. He was older than his cousin, 'Black Jim,' to whom he was greatly attached. The latter removed to Lancaster, when about twenty-five years of age, having inherited a considerable estate in that vicinity. I had not thought of examining the record of wills while in Lancaster, but on my return I went to the Prothonotary's office, and verified this also. So there is no doubt about the 'Black Jim' of the Marblehead family being your ancestor."

  "Stop! stop! Captain Pardee!" interrupted Mrs. Le Moyne quickly.

  "Isn't Marblehead near Cape Cod?"

  "Yes, madam."

  "And Buzzard's Bay?"

  "Certainly."

  "No wonder," said she, laughing, "that you wanted Hetty to leave before you opened your budget. Do pray run away, child, before you hear any more to our discredit. Hesden, do please escort your cousin out of the room," she added, in assumed distress.

  "No indeed," laughed Miss Hetty; "I am getting interested, and as you would not let me go when I wished to, I have now determined to stay till the last horror is revealed."

  "It is too late, mother," said Hesden ruefully; "fortunately, Cousin

  Hetty is not attainted, except collaterally, thus far."

  "Well, go on, Captain," said Mrs. Le Moyne gayly. "What else? Pray what was the family occupation — 'calling' I believe they say in New England. I suppose they had some calling, as they never have any 'gentlemen' in that country."

  Pardee's face flushed hotly. He was born among the New Hampshire hills himself. However, he answered calmly, but with a slight emphasis,

  "They were seafaring men, madam."

  "Oh, my!" cried the invalid, clapping her hands. "Codfish! codfish! I knew it, Hetty! I knew it! Why didn't you go out of the room when I begged you to? Do you hear it, Hesden? That is where you get your Radicalism from. My! my!" she laughed, almost hysterically, "what a family! Codfish at one end and Radical at the other! 'And the last state of that man was worse than the first!' What would not the newspapers give to know that of you, Hesden?"

  She laughed until the tears came, and her auditors laughed with her. Yet, despite her mirth, it was easy to detect the evidence of strong feeling in her manner. She carried it off bravely, however, and said,

  "But, perhaps, Captain Pardee, you can relieve us a little. Perhaps they were not cod-fishers but mackerelers. I remember a song I have heard my father sing, beginning,

  "When Jake came home from mack'reling, He sought his Sary Ann, And found that she, the heartless thing, Had found another man!"

  "Do please say that they were mackerelers!"

  "I am sorry I cannot relieve your anxiety on that point," said

  Pardee, but I can assure you they were a very respectable family."

  "No doubt, as families go 'there," she answered, with some bitterness. "They doubtless sold good fish, and gave a hundred pounds for a quintal, or whatever it is they sell the filthy truck by."

  "They were very successful and somewhat noted privateers during the Revolution," said Pardee.

  "Worse and worse!" said Mrs. Le Moyne. Better they were fishermen than pirates! I wonder if they didn't bring over niggers too?"

  "I should not be at all surprised," answered Pardee coolly. "This 'Red Jim' was master and owner of a vessel of some kind, and was on his way back from Charleston, where it seems he had sold both his vessel and cargo, when he executed this will."

  "But how do you know that it is his will?" asked Hesden.

  "Oh, there is no doubt," said Pardee. "Being a shipmaster, his signature was necessarily affixed to many papers. I have found not less than twenty of these, all identical with the signature of the will."

  "That would certainly seem to be conclusive," said Hesden.

  "Taken with other things, it is," answered Pardee. "Among other things is a letter from your grandfather, which was found pasted inside the cover of a Bible that belonged to Mrs. Edna Richards, in regard to the death of her husband. In it he says that his cousin visited him on his way home; went from there to Philadelphia, and was taken sick; your grandfather was notified and went on, but death had taken place before he arrived. The letter states that he had but little money and no valuable papers except such as he sent. Out of the money he had paid the funeral expenses, and would remit the balance as soon as he could make an opportunity. The tradition in 'Red Jim's' family is that he died of yellow fever in Philadelphia, on his way home with the proceeds of his sale, and was robbed of his money before the arrival of his cousin. No suspicion seems ever to have fallen on "Black Jim."

  "Thank God for that!" ejaculated Hesden fervently.

  "I suppose you took care to awaken none," said Mrs. Le Moyne.

  "I spoke of it to but one person, to whom it became absolutely necessary to reveal it. However, it is perfectly safe, and will go no farther."

  "Well, did you find any descendants of this 'Red Jim' living?" asked Mrs. Le Moyne.

  "One," answered Pardee.

  "Only one?" said she. "I declare. Hesden, the Richards family is not numerous if it is strong."

  "Why do you say 'strong,' mother?"

  "Oh, codfish and Radicals, you know!"

  "Now, mother — "

  "Oh, if you hate to hear about it, why don't you quit the dirty crowd and be a gentleman again. Or is it your new-found cousin you feel so bad for? By the way, Captain, is it a boy or girl, and is it old or young?"

  "It is a lady, madam, some twenty years of age or thereabout."

  "A lady? Well, I suppose t
hat is what they call them there. Married or single?"

  "Single."

  "What a pity you are getting so old, Hesden! You might make a match and settle her claim in that way. Though I don't suppose she has any in law."

  "On the contrary, madam," said Pardee, "her title is perfect. She can recover not only this plantation but every rood of the original tract."

  "You don't say!" exclaimed the invalid. "It would make her one of the richest women in the State!"

  "Undoubtedly."

  "Oh, it cannot be, Captain Pardee!" exclaimed Miss Hetty. "It cannot be!"

  "There can be no doubt about it," said Pardee. "She is the great-grand-daughter of 'Red Jim,' and his only lineal descendant. His daughter Alice, to whom this is bequeathed, married before arriving at the age of eighteen, and died in wedlock, leaving an only daughter, who also married before she became of age, and also died in wedlock, leaving a son and daughter surviving. The son died without heirs of his body, and only the daughter is left. There has never been an hour when the action of the statute was not barred."

  "Have you seen her?" asked Mrs. Le Moyne.

  "Yes."

  "Does she know her good luck?"

  "She is fully informed of her rights."

  "Indeed? You told her, I suppose?"

  "I found her already aware of them."

  "Why, how could that be?"

  "I am sure I do not know," said Pardee, glancing sharply at Hesden.

  "What," said Hesden, with a start; "what did you say is the name of the heir?"

  "I did not say," said Pardee coolly. Hesden sprang to his feet, and going across the room stood gazing out of the window.

  "Why don't you tell us the name of the heir, Captain? You must

  know we are dying to hear all about our new cousin," said Mrs. Le

  Moyne bitterly. "Is she long or short, fat or lean, dark or fair?

  Do tell us all about her?"

  "In appearance, madam," said Pardee carelessly, "I should say she much resembled yourself at her age."

  "Oh, Captain, you flatter me, I'm sure," she answered, with just a hint of a sneer. "Well, what is her name, and when does she wish to take possession?"

  "Her name, madam, you must excuse me if I withhold for the present. I am the bearer of a proposition of compromise from her, which, if accepted, will, I hope, avoid all trouble. If not accepted, I shall find myself under the necessity of asking to be relieved from further responsibility in this matter."

  "Come here, Hesden," said his mother, "and hear what terms your new cousin wants for Mulberry Hill. I hope we won't have to move out till spring. It would be mighty bad to be out of doors all winter. Go on, Captain Pardee, Hesden is ready now. This is what comes of your silly idea about doing justice to some low-down Yankee. It's a pity you hadn't sense enough to burn the will up. It would have been better all round. The wealth will turn the girl's head, and the loss of my home will kill me," she continued fiercely to her son.

  "As to the young lady, you need have no fear," said Pardee. "She is not one of the kind that lose their heads.

  "Ah, you seem to be quite an admirer of her?"

  "I am, madam."

  "If we do not accept her proposal, you will no doubt become her attorney?"

  "I am such already."

  "You don't say so? Well, you are making good speed. I should think you might have waited till you had dropped us before picking her up. But then, it will be a good thing to be the attorney of such an heiress, and we shall be poor indeed after she gets her own — as you say it is."

  "Madam," said Pardee seriously, "I shall expect you to apologize both to me and to my client when you have heard her proposition."

  "I shall be very likely to, Mr. Pardee," she said, with a dry laugh. "I come of an apologetic race. Old Jim Richards was full of apologies. He liked to have died of them, numberless times. But what is your proposal?"

  "As I said," remarked Pardee, "my client — I beg pardon — the great-grand-daughter of 'Red Jim' Richards, instructs me to say that she does not desire to stain her family name or injure your feelings by exposing the fraud of your ancestor, 'Black Jim' Richards.

  "What, sir!" said Mrs. Le Moyne sharply. "Fraud! You had better measure your words, sir, when you speak of my father. Do you hear that, Hesden? Have you lost all spirit since you became a Radical?" she continued, while her eyes flashed angrily.

  "I am sorry to say that I do not see what milder term could be used," said Hesden calmly. "Go on with your proposition, sir."

  "Well, as I said," continued the lawyer, "this young lady, desiring to save the family name and your feelings from the shock of exposure, has instructed me to say: First, that she does not wish to disturb any of those rights which have been obtained by purchase from your ancestor; and second, that she understands that there is a dispute in regard to the title of a portion of it — the tract generally known as Red Wing — neither of the parties claiming which have any title as against her. She understands that the title held by Winburn is technically good against that of the colored man, Nimbus Desmit, providing hers is not set up.

  "Now she proposes that if you will satisfy Winburn and obtain a quit-claim from him to Desmit, she will make a deed in fee to Mrs. Le Moyne of the whole tract; and as you hold by inheritance from one who purported to convey the fee, the title will thereafter be estopped, and all rights held under the deeds of 'Black Jim' Richards will be confirmed."

  "Well, what else?" asked Mrs. Le Moyne breathlessly, as he paused.

  "There is nothing more."

  "Nothing more! Why, does the girl propose to give away all this magnificent property for nothing?" she asked in astonishment.

  "Absolutely nothing to her own comfort or advantage," answered the attorney.

  "Well, now, that is kind — that is kind!" said the invalid. "I am sorry for what I have said of her, Captain Pardee."

  "I thought you would be, madam," he replied.

  "You must attend to that Red Wing matter immediately, Hesden," she said, thoughtfully.

  "You accept the proposal then?" asked Pardee.

  "Accept, man? Of course we do!" said Mrs. Le Moyne.

  "Stop, mother!" said Hesden. "You may accept for yourself, but not for me. Is this woman able to give away such a fortune?" he asked of Pardee.

  "She is not rich. She has been a teacher, and has some property — enough, she insists, for comfort," was the answer.

  "If she had offered to sell, I would have bought at any possible price, but I cannot take such a gift!"

  "Do you accept the terms?" asked Pardee of Mrs. Le Moyne.

  "I do," she answered doggedly, but with a face flushing with shame.

  "Then, madam, let me say that I have already shown the proofs in confidence to Winburn's attorney. He agrees that they have no chance, and is willing to sell the interest he represents for five hundred dollars. That I have already paid, and have taken a quit-claim to Desmit. Upon the payment of that, and my bill for services, I stand ready to deliver to you the title."

  The whole amount was soon ascertained and a check given to Pardee for the sum. Thereupon he handed over to Mrs. Le Moyne a deed in fee-simple, duly executed, covering the entire tract, except that about Red Wing, which was conveyed to Nimbus in a deed directly to him. Mrs. Le Moyne unfolded the deed, and turning quickly to the last page read the name of the donor:

  "MOLLIE AINSLIE!"

  "What!" she exclaimed, "not the little nigger teacher at Red Wing?"

  "The same, madam," said Pardee, with a smile and a bow.

  The announcement was too much for the long-excited invalid. She fell back fainting upon her pillow, and while Cousin Hetty devoted herself to restoring her relative to consciousness, Pardee gathered up his papers and withdrew. Hesden followed him, presently, and asked where Miss Ainslie was.

  "I am directed," said Pardee, "not to disclose her residence, but will at any time forward any communication you may desire to make."

  CHAPTER LV
/>   AN UNCONDITIONAL SURRENDER

  Table of Contents

  The next day Mr. Pardee received a note from Mrs. Le Moyne, requesting him to come to Mulberry Hill at his earliest convenience. Being at the time disengaged, he returned with the messenger. Upon being ushered again into the invalid's room, he found Miss Hetty Lomax with a flushed face standing by the bedside. Both the ladies greeted him with some appearance of embarrassment.

  "Cousin Hetty," said the invalid, "will you ask Hesden to come here for a moment?"

  Miss Hetty left the room, and returned a moment afterward in company with Hesden.

  "Hesden," said Mrs. Le Moyne, "were you in earnest in what you said yesterday in regard to receiving any benefits under this deed?"

  "Certainly, mother," replied Hesden; "I could never consent to do so."

  "Very well, my son," said the invalid; "you are perhaps right; but I wish you to know that I had heretofore made my will, giving to you and Cousin Hetty a joint interest in my estate. You know the feeling which induced me to do so. I am in the confessional to-day, and may as well admit that I was hasty and perhaps unjust in so doing. In justice to Cousin Hetty I wish also to say — "

  "Oh, please, Mrs. Le Moyne," interrupted Hetty, blushing deeply.

  "Hush, my child," said the invalid tenderly; "I must be just to you as well as to others. Hetty," she continued, turning her eyes upon Hesden, who stood looking in wonder from one to the other, "has long tried to persuade me to revoke that instrument. I have at length determined to cancel and destroy it, and shall proceed to make a new one, which I desire that both of you shall witness when it has been drawn."

  Being thus dismissed, Hesden and his cousin withdrew, while Pardee seated himself at the little table by the bedside, on which writing materials had already been placed, and proceeded to receive instructions and prepare the will as she directed. When it had been completed and read over to her, she said, wearily,

  "That is right."

  The attorney called Hesden and his cousin, who, having witnessed the will by her request, again withdrew.

  "Now Mr. Pardee," said Mrs. Le Moyne sadly, "I believe that I have done my duty as well as Hesden has done his. It is hard, very hard, for me to give up projects which I have cherished so long. As I have constituted you my executor, I desire that you will keep this will, and allow no person to know its contents unless directed by me to do so, until my death."

 

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