erlestanleygardner.thecaseofthehorrifiedheirs-第24节
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pect to show by this witness that the decedent； Lauretta Trent； had made a will years before； had given it to this witness in a sealed envelope to be opened at the time of her death； that this envelope was produced and opened and that it contained the last will of Lauretta Trent； that there could be no doubt or ambiguity concerning it and that any socalled carbon copies of other wills would have been pletely ineffective。〃
〃I'll overrule the objection；〃 Judge Grayson said。
Kelvin said； 〃I have always been close to my sister…in…law。 I am the elder of the two brothers…in…law。
〃My sister…in…law； Lauretta Trent； kept her will in a sealed envelope in a drawer in her desk。 She told me where it was some four years ago and asked that it be opened in the event of her death。
〃After the tragic occurrence of last Wednesday； and knowing that there might be some question about proper procedure in the matter； I municated with the district attorney's office and； in the presence of an attorney； a banker； and the district attorney； this envelope was opened。〃
〃What did it contain？〃
〃It contained a document purporting to be the last will of Lauretta Trent。〃
〃Do you have that document here？〃
〃I do。〃
〃Produce it； please。〃
The witness reached in his pocket and produced a folded document。
〃You have marked this document in some way so that you can identify it？〃
〃That document；〃 Kelvin said； 〃is marked by my initials on each page； by the initials of Hamilton Burger； the district attorney； by the initials of the banker who was present and the lawyer who was also present。〃
〃That should identify it；〃 Judge Grayson said； with a smile。 〃These； I take it； are your initials written by you； yourself？〃
〃That's right。〃
Judge Grayson inspected the document thoughtfully； then handed it to Perry Mason。
Mason studied the document； passed it back to Caswell。
〃I want this introduced in evidence；〃 Caswell said。 〃I suggest that since this is the original will； it may be received in evidence and then the clerk may be instructed to make a certified copy which will be substituted in place of the original will。〃
〃No objection；〃 Mason said。
Caswell said； 〃I will now read the will into the record； and then it will be filed until a certified copy can be obtained。〃
Caswell read in a tone of ponderous solemnity： 〃'I； Lauretta Trent； being of sound and disposing mind and memory； state that I am a widow； that I have no children； that the only relatives I have in the world are two sisters； Dianne Briggs and Maxine Kelvin； that my sister； Dianne； is married to Boring Briggs and Maxine is married to Gordon Kelvin。
〃'I further state that these four people are living in my house with me and have been for some years； that I am very much attached to my two brothers…in…law； as much so as though they were brothers of mine； and； of course； I have love and affection for my sisters。
〃'I further realize； however； that women…and； in particular； my two sisters…do not have the shrewd； innate business ability which would enable them to handle the numerous problems of my estate。
〃'I； therefore； appoint and nominate Gordon Kelvin the executor of this my last will。
〃'After the specific bequests herein mentioned； I leave all of the rest； residue and remainder of my estate to be divided equally among Dianne and Boring Briggs and Maxine and Gordon Kelvin。'〃
Caswell paused impressively as he looked around the quiet courtroom； then turned a page of the will and went on； 〃'I give； devise and bequeath to my sister； Dianne Briggs； the sum of fifty thousand dollars； to my sister； Maxine Kelvin； a like sum of fifty thousand dollars。
〃'There have； however；'〃 Caswell read； and paused to glance around the courtroom significantly； 〃'been a few people whose loyalty and devotion have been outstanding。
〃'First and foremost； there has been Dr。 Ferris Alton。
〃'Because he has specialized in internal medicine and does not do surgery； he has locked himself in a branch of the profession which is somewhat underpaid as pared with the relatively remunerative practice of medicine in the field of surgery。'〃
Virginia Baxter gripped Mason's leg just above the knee with hard fingertips。 〃Oh； it's so；〃 she whispered。 〃I remember now。 I remember typing that。 I remember the tribute she made to…〃
〃Hush；〃 Mason warned。
Jerry Caswell went on reading。 〃 'Dr。 Alton has given me loyal care and is working himself to death； yet has no adequate reserves for retirement。
〃'I； therefore； give； devise and bequeath to Dr。 Ferris Alton the sum of one hundred thousand dollars。
〃'There are two other persons whose loyalty and devotion have made a great impression on me。 Those are George Eagan； my chauffeur； and Anna Fritch； who has nursed me whenever I have been sick。
〃'I don't care to have my death an event which will transform these people from rags to riches nor； on the other hand； do I want their loyalty to pass unrewarded。
〃'I； therefore； give； devise and bequeath to my chauffeur； George Eagan； the sum of fifty thousand dollars； in the hope that he will open up a business of his own with a part of this money as capital and save the balance as a reserve。 I also give； devise and bequeath a similar sum of fifty thousand dollars to Anna Fritch。'〃
Here Caswell turned the page rather hurriedly as one does when nearing the end of an important document。
〃'Should any person； corporation； or otherwise； contest this will or should any person appear claiming that I have a relationship with that person； that he or she is an heir； that I have through inadvertence or otherwise neglected to mention him； I give to such person the sum of one hundred dollars。'
〃Now then；〃 Jerry Caswell said； 〃that will contains the usual closing paragraph with the date。 It is signed by the testatrix； and it is witnessed by none other than the late Delano Bannock； the attorney； and 。 。 。〃 And here Caswell turned impressively to the defendant 。 。 。 〃the defendant in this case； Virginia Baxter。〃
Virginia sat gazing at him openmouthed。
Mason squeezed her arm and brought her back to reality。
〃Does that conclude the testimony of this witness？〃 Judge Grayson asked。
〃It does； Your Honor。〃
〃Any cross…examination？〃
Mason got to his feet。 〃This will was the one you found in the sealed envelope？〃
〃Yes。 The sealed envelope was in the drawer where Lauretta Trent said it would be。 The will was in the sealed envelope。〃
〃What did you do with it？〃
〃I put it in a safe and called the district attorney。〃
〃Where was the safe？〃
〃In my bedroom。〃
〃And your bedroom is in the house owned and occupied by Lauretta Trent during her lifetime？〃
〃Yes。〃
〃The safe was already in your bedroom when you moved in？〃
〃No； I installed it。〃
〃Why did you install it？〃
〃Because I had certain valuables and I knew that the house was big； and the reputation of Lauretta Trent for extreme wealth was well known； so I wanted to have a safe place where I could keep my wife's jewelry and such cash as I had in my possession。〃
〃What has been your occupation？〃 Mason asked。
〃I have done several things；〃 Kelvin said with dignity。
〃Such as what？〃
〃I don't think I need to enumerate them。〃
〃Objected to as inpetent； irrelevant； immaterial； not proper cross…examination；〃 Caswell said。
〃Oh； certainly；〃 Judge Grayson said； 〃I think this is background material and cross…examining counsel should be entitled to it； although I can't see that it will affect the oute of the case or materially affect the evaluation the Court is placing on the testimony of the witness。〃
〃There's no need of going into his entire life；〃 Caswell snapped irritably。
Judge Grayson looked at Mason inquiringly。 〃Do you have some particular reason for this question？〃
〃I'll put it this way；〃 Mason said； 〃so I can summarize the situation。 All these various business activities； which you yourself state have been numerous； were unprofitable； were they not？〃
〃That is not true； no sir。〃
〃But the net result was that you went to live with Lauretta Trent？〃
〃At her invitation； sir！〃
〃Exactly；〃 Mason said； 〃at a time when you were unable to support yourself。〃
〃No； sir。 I could have supported myself but I had had certain temporary financial losses； certain business setbacks。〃
〃In other words； you were virtually broke？〃
〃I had had financial troubles。〃
〃And your sister…in…law invited you to e and live with her。〃
〃Yes。〃
〃At your instigation？〃
〃The other brother…in…law； Mr。 Boring Briggs； was living in the house。 It was a large house and…Well； my wife and I went there on a visit and we never moved out。〃
〃And the same was true of Boring Briggs； to your knowledge； was it not？〃 Mason asked。
〃What was true？〃
〃That he had met with financial reverses and had e to live with his wife's sister。〃
〃In his case；〃 Kelvin said； 〃there were circumstances which made such a course of action 。 。 。 well a…necessity。〃
〃Financial circumstances？〃
〃In a way。 Boring Briggs had met with several reverses and was unable to give his wife the monetary advantages which she subsequently obtained through the generosity of her sister； Lauretta Trent。〃
〃Thank you；〃 Mason said。 〃That's all。〃
Kelvin left the stand。
〃All right；〃 Mason whispered； turning to Virginia Baxter。 〃Tell m
