Therefore, we must take the will to have been properly
executed in accordance with the spirit of the statute.
"And now we come to what at present strikes me as the crux. The will is
undated. Does that invalidate it? I answer with confidence, no. And mark:
evidence--that of Lady Holmhurst--can be produced that this will did not
exist upon Miss Augusta Smithers previous to Dec. 19, on which day the
Kangaroo sank; and evidence can also be produced--that of Mrs.
Thomas--that it did exist on Christmas Day, when Miss Smithers was
rescued. It is, therefore, clear that it must have got upon her back
between Dec. 19 and Dec. 25."
"Quite so, old fellow," said Eustace, much impressed at this coruscation
of legal lore. "Evidently you are the man to tackle the case. But, I say,
what is to be done next? You see, I'm afraid it's too late. Probate has
issued, whatever that may mean."
"Probate has issued!" echoed the great James, struggling with his rising
contempt; "and is the law so helpless that probate which has been allowed
to issue under an erroneous apprehension of the facts cannot be recalled?
Most certainly not! So soon as the preliminary formalities are concluded,
a writ must be issued to revoke the probate, and claiming that the Court
should pronounce in favour of the later will; or, stay, there is no
executor--there is no executor!--a very important point--claiming a grant
of letters of administration with the will annexed: I think that will be
the better course.
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