The Sea Lions Part 41

"A paper!" cried Mary, hastily. "Yes, I know something of a _paper_--I thought you spoke of a will."

"A will is commonly written on paper, now-a-days, Miss Mary--but, you have a _paper_?"

"Uncle gave me a _paper_, and told me to keep till Roswell Gardiner came back; and, if he himself should not then be living, to give it to him"--The colour now mounted to the very temples of the pretty girl, and she seemed to speak with greater deliberation and care. "As I was to give the paper to Roswell, I have always thought it related to him. My uncle spoke of it to me as lately as the day of his death."

"That's the will, beyond a doubt!" cried Rev. Mr. Whittle; with more exultation than became his profession and professions--"Do you not think this may be Deacon Pratt's will, Miss Mary?"

Now Mary had never thought any such thing. She knew that her uncle much wished her to marry Roswell, and had all along fancied that the paper she held, which indeed was contained in an envelop addressed to her lover, contained some expression of his wishes on this to her the most interesting of all subjects, and nothing else. Mary Pratt thought very little of her uncle's property, and still less of its future disposition, while she thought a great deal of Roswell Gardiner and of his suit. It was, consequently, the most natural thing in the world that she should have fallen into some such error as this. But, now that the subject was brought to her mind in this new light, she arose, went to her own room, and soon re-appeared with the paper in her hand. Both Mr. Job Pratt and Rev. Mr. Whittle offered to relieve her of the burthen; and the former, by a pretty decided movement, did actually succeed in getting possession of the doc.u.ments. The papers were done up in the form of a large business letter, Was duly sealed with wax, and was addressed to "Mr. Roswell Gardiner, Master of the Schooner Sea Lion, now absent on a voyage." The superscription was read aloud, a little under the influence of surprise; notwithstanding which, Mr. Job Pratt was very coolly proceeding to open the packet, precisely as if it had been addressed to himself. In this decided step, Mrs. Martin, and Mrs. Thomas, and Rev. Mr. Whittle, might be set down as accessories before the act; for each approached; and so eager were the two women, that they actually a.s.sisted in breaking the seal.

"If that letter is addressed to me," said Roswell Gardiner, with firmness and authority, "I claim the right to open it myself. It is unusual for those to whom a letter is _not_ addressed to a.s.sume this office."

"But, it comes _from_ Deacon Pratt," cried the widow Martin, "and may contain his will."

"In which case, a body would think I have some rights concerned," said Mr.

Job Pratt, a little more coolly, but with manifest doubts.

"Sartain!" put in Mrs. Thomas. "Brothers and sisters, and even cousins, come before strangers, any day. Here we are, a brother and sister of the deacon, and we ought to have a right to read his letters."

All this time Roswell had stood with an extended arm, and an eye that caused Mr. Job Pratt to control his impatience. Mary advanced close to his side, as if to sustain him, but she said nothing.

"There is a law, with severe penalties, against knowingly opening a letter addressed to another," resumed Roswell, steadily; "and it shall be enforced against any one who shall presume to open one of mine. If that letter has my address, sir, I demand it; and I will have it, at every hazard."

Roswell advanced a step nearer Mr. Job Pratt, and the letter was reluctantly yielded; though not until the widow Martin had made a nervous but abortive s.n.a.t.c.h at it.

"At any rate, it ought to be opened in our presence," put in this woman, "that we may see what is in it."

"And by what right, ma'am? Have I not the privilege of others, to read my own letters when and where I please? If the contents of this, however, do really relate to the late Deacon Pratt's property, I am quite willing they should be made known. There is nothing on this superscription to tell me to open the packet in the presence of witnesses; but, under all the circ.u.mstances, I prefer it should be done."

Hereupon Roswell proceeded deliberately to look into the package. The seal was already broken, and he exhibited it in that state to all in the room, with a meaning smile, after which he brought to light and opened some written instrument, that was engrossed on a single sheet of foolscap, and had the names of several witnesses at its bottom.

"Ay, ay, that's it," said Baiting Joe, for the room was crowded with all sorts of people; "that's the dockerment. I know'd it as soon as I laid eyes on it!"

"And what do _you_ know about it, Josy?" demanded the widow, eagerly.

"Cousin Job, this man may turn out a most important and considerable witness!"

"What do I know, Mrs. Martin? Why I seed the deacon sign for the seals, and exercute. As soon as I heard Squire Craft, who was down here from Riverhead on that 'ere very business, talk so much about seals, I know'd Captain Gar'ner must have suthin' to do with the matter. The deacon's very heart was in the schooner and her v'y'ge, and I think it was the craft that finished him, in the end."

"Won't that set aside a codicil, cousin Job, if so be the deacon has r'ally codicilled off Captain Gar'ner and Mary?"

"We shall see, we shall see. So you was present, Josy, at the making of a will?"

"Sartain--and was a witness to the insterment, as the squire called it.

I s'pose he sent for me to be a witness, as I am some acquainted with the sealin' business, having made two v'y'ges out of Stunnin'tun, many years since. Ay, ay; that's the insterment, and pretty well frightened was the deacon when he put his name to it, I can tell you!"

"Frightened!" echoed the brother--"that's ag'in law, at any rate. The instrument that a man signs because he's frightened, is no instrument at all, in law. As respects a will, it is what we justices of the peace call 'dies non,' or, don't die; that is, in law."

"Can that be so, squire Job?" asked the sister, who had said but little hitherto, but had thought all the more.

"Yes, that's Latin, I s'pose, and good Latin, too, they tell me. A man may be dead in the flesh, but living in law."

"La! how cur'ous! Law is a wonderful thing, to them that understands it."

The worthy Mrs. Thomas expressed a much more profound sentiment than that of which she was probably aware, herself. Law _is_ a wonderful thing, and most wonderful is he who can tell what it is to-day, or is likely to be to-morrow. The law of testamentary devises, in particular, has more than the usual uncertainty, the great interest that is taken by the community in the large estates of certain individuals who are placed without the ordinary social categories by the magnitude of their fortunes, preventing anything from becoming absolutely settled, as respects _them_. In Turkey, and in America, the possession of great wealth is very apt to ruin their possessors; proscription, in some form or other, being pretty certain to be the consequences. In Turkey, such has long and openly been the fact, the bow-string usually lying at the side of the strong box; but, in this country, the system is in its infancy, though advancing towards maturity with giant strides. Twenty years more, resembling the twenty that are just past, in which the seed recently sown broadcast shall have time to reach maturity, and, in our poor opinion, the great work of demoralization, in this important particular, will be achieved. We are much afraid that the boasted progress, of which we hear so much, will resemble the act of the man who fancied he could teach his horse to live without food--just as he believed the poor beast was perfect, it died of inanition!

Roswell read Baiting Joe's 'insterment' twice, and then he placed it, with manly tenderness; in the hands of Mary. The girl read the doc.u.ment, too, tears starting to her eyes; but, a bright blush suffused her face, as she returned the will to her lover.

"Ah! do not read it now, Roswell," she said, in an under tone; but the stillness and expectation were so profound, that every syllable she uttered was heard by all in the room.

"And why not read it now, Miss Mary!" cried the Widow Martin. "Methinks _now_ is the proper time to read it. If I'm to be codicilled out of that will, I want to know it."

"It is better, in every respect, that the company present should know all that is to be known, at once," observed Mr. Job Pratt. "Before the will is read, if that be the will, Captain Gar'ner--"

"It is the will of the late Deacon Pratt, duly signed, sealed, and witnessed, I believe, sir."

"One word more, then, before it is read. I think you said, Josy, that the deceased was _frightened_ when he signed that will? I do not express any opinion until I hear the will; perhaps a'ter it is read, I shall think or say nothin' about this fright; though the instrument that a man signs because he is frightened, if the fright be what I call a legal fright, is no instrument at all."

"But such was not the deacon's case, Squire Job," put in Baiting Joe, at once. "He did not sign the insterment because he was frightened, but was frightened because he signed the insterment. Let the boat go right eend foremost, squire."

"Read the will, Captain Gar'ner, if you have it," said Mr. Job Pratt, with decision. "It is proper that we should know who is executor. Friends, will you be silent for a moment?"

Amid a death-like stillness, Roswell Gardiner now read as follows:--

"In the name of G.o.d, amen. I, Ichabod Pratt, of the town of Southold, and county of Suffolk, and state of New York, being of failing bodily health, but of sound mind, do make and declare this to be my last will and testament.

"I bequeath to my niece, Mary Pratt, only child of my late brother, Israel Pratt, all my real estate, whatsoever it may be, and wheresoever situate, to be held by her, her heirs and a.s.signs, for ever, in fee.

"I bequeath to my brother, Job Pratt, any horse of which I shall die possessed, to be chosen by himself, as a compensation for the injury inflicted on a horse of his, while in my use.

"I bequeath to my sister, Jane Thomas, the large looking-gla.s.s that is hanging up in the east bed-room of my house, and which was once the property of our beloved mother.

"I bequeath to the widow Catherine Martin, my cousin, the big pin-cushion in the said east chamber, which she used so much to praise and admire.

"I bequeath to my said niece, Mary Pratt, the only child of my late brother, Israel Pratt, aforesaid, all of my personal estate, whether in possession or existing in equity, including money at use, vessels, stock on farm, all other sorts of stock, furniture, wearing apparel, book-debts, money in hand, and all sorts of personal property whatever.

"I nominate and appoint Roswell Gardiner, now absent on a sealing voyage, in my employment, as the sole executor of this my last will, provided he return home within six months of my decease; and should he not return home within the said six months, then I appoint my above-mentioned niece and heiress, Mary Pratt, the sole executrix of this my will.

"I earnestly advise my said niece, Mary Pratt, to marry the said Roswell Gardiner; but I annex no conditions whatever to this advice, wishing to leave my adopted daughter free to do as she may think best."

The instrument was, in all respects, duly executed, and there could not be a doubt of its entire validity. Mary felt a little bewildered, as well as greatly embarra.s.sed. So perfectly disinterested had been all her care of her uncle, and so humble her wishes, that she did not for some time regard herself as the owner of a property that she had all her life been accustomed to consider as a part of her late uncle. The heirs expectant, "a'ter reading the insterment," as Baiting Joe told his cronies, when he related the circ.u.mstances over a mug of cider that evening, "fore and aft, and overhauling it from truck to keelson, give the matter up, as a bad job. They couldn't make nawthin' out of oppersition," continued Joe, "and so they tuck the horse, and the looking-gla.s.s, and the pin-cushion, and cleared out with their cargo. You couldn't get one of that breed to leave as much as a pin behind, to which he thought the law would give him a right. Squire Job went off very unwillingly; for so strong was his belief in his claim, that he had made up his mind, as he told me himself, to break up the north meadow, and put it in corn this coming season."

"They say that Minister Whittle took it very hard that nawthin' was said about him, or about meetin', in the deacon's will," observed Jake Davis, one of Baiting Joe's cronies.

"That he did; and he tuck it so hard that everybody allows the two sermons he preached the next Sabba' day to be the very two worst he ever _did_ preach."

"They must have been pretty bad, then," quaintly observed Davis: "I've long set down Minister Whittle's discourses as being a _leetle_ the worst going, when you give him a chance."

It is unnecessary to relate any more of this dialogue, nor should we have given the little we have, did it not virtually explain what actually occurred on the publication of the contents of the will. Roswell met with no opposition in proving the instrument, and the day after he was admitted to act as executor he was married to Mary Pratt, and became tenant, by the courtesy, to all her real estate; such being the law _then_, though it is so no longer. _Now_, a man and his wife may have a very pretty family quarrel about the ownership of a dozen tea-spoons, and the last, so far as we can see, may order the first out of one of her rocking chairs, if she see fit! Surely domestic peace is not so trifling a matter that the law should seek to add new subjects of strife to the many that seem to be nearly inseparable from the married state.