The Floating Admiral - Agatha Christie [52]
“I take it Admiral Penistone had rejoined the Navy during the War.”
“Yes. He was a fine officer, and they were glad to get him. He did good service and finally retired for the second time at the end of the War with the rank of Rear-Admiral. But if other people had forgotten his previous troubles, he hadn’t. They preyed on his mind, and this business about Walter finished him altogether. One man who had been semi-engaged to Elma withdrew rather pointedly when he heard about the brother, and Admiral Penistone said that he would not have his niece subjected to insult. He packed up bag and baggage and took her away with him to live in Cornwall. And there they stayed until a month ago. All this happened in 1920. Nothing has been heard of Walter since. So you see that the situation is rather a peculiar one.”
“Yes,” said Rudge thoughtfully. “Walter seems to be awkwardly placed. If he comes forward and shows himself, he probably goes to penal servitude. If he doesn’t come forward, he can’t get his money.”
“That is the situation precisely. On the other hand, if he is dead, his share of the money goes to Elma under his will of 1914. Provided, of course, that is, that the witness was correct in stating that he was actually still alive after his father’s death. If not, it still goes to her as residuary legatee under her father’s will.”
“In that case Walter’s death would be to his sister’s financial advantage. I see. But now, Mr. Dakers, how do things stand with reference to Mrs. Holland’s own share of her father’s money? I presume that, the Admiral being now dead, the clause about the consent to the marriage becomes void.”
“That is exactly the difficulty,” replied Mr. Dakers uneasily. “The point of view taken by the Court in such cases is that the testator cannot have required the beneficiary to perform impossibilities. Thus it has been held, over and over again, that in the case of the condition becoming impossible of fulfilment, through Act of God, the gift remains.”
“Act of God?” queried Rudge.
“Yes. In the case of consent being required to a marriage, for instance, if the person whose consent is required dies before the marriage, then the condition is impossible of fulfilment, and the gift stands.”
“Quite so,” said Rudge, “but what does Act of God mean precisely?”
“Well,” said the lawyer, a little reluctantly Rudge thought, “that means—well, practically speaking, it means, under conditions which the beneficiary could not have prevented.”
“Let us speak quite plainly,” said Rudge. “If Elma Holland should be found to have been concerned in Admiral Penistone’s murder—”
“Of course, in that case,” said Mr. Dakers, “there would be no question of her inheriting. The law expressly forbids a criminal to profit by the fruits of the crime. But surely that question does not arise.”
“I should hope not,” said Rudge. “Then so far as I can see, Mrs. Holland is now entitled to her inheritance?”
“Ye-es,” said the lawyer. “I hope the Court will look upon it from that point of view. The difficulty lies in the extreme haste with which the marriage followed upon the death. I will be frank with you, Mr. Rudge. I think it would be possible to contest the case, and I think that, if that occurred, we should have to take one of two lines about it. We could, of course, say that she intended to ask the necessary consent before the marriage and that, but for the death, she would have had time to ask for it. Now, of course, she did ask for it—several times.”
“With any reasonable expectation of ever getting it?” asked Rudge. “Mr. Dakers,” he added, as the lawyer appeared to hesitate, “I will go so far as to tell