The Contents of Letter marked "B" attached as an Integral Part to the
Last Will of Roger Melton.
June 11, 1907.
"This letter an integral part of my Last Will regards the entire
residue of my estate beyond the specific bequests made in the body of
my Will. It is to appoint as Residuary Legatee of such Will--in case
he may accept in due form the Conditions herein laid down--my dear
Nephew Rupert Sent Leger only son of my sister Patience Melton now
deceased by her marriage with Captain Rupert Sent Leger also now
deceased. On his acceptance of the Conditions and the fulfilment of
the first of them the Entire residue of my estate after payments of
all specific Legacies and of all my debts and other obligations is to
become his absolute property to be dealt with or disposed of as he
may desire. The following are the conditions.
"1. He is to accept provisionally by letter addressed to my
Executors a sum of nine hundred and ninety-nine thousand pounds
sterling free of all Duties Taxes or other imposts. This he will
hold for a period of six months from the date of the Reading of my
Last Will and have user of the accruements thereto calculated at the
rate of ten per centum per annum which amount he shall under no
circumstances be required to replace. At the end of said six months
he must express in writing directed to the Executors of my Will his
acceptance or refusal of the other conditions herein to follow. But
if he may so choose he shall be free to declare in writing to the
Executors within one week from the time of the Reading of the Will
his wish to accept or to withdraw altogether from the responsibility
of this Trust. In case of withdrawal he is to retain absolutely and
for his own use the above-mentioned sum of nine hundred and ninety-
nine thousand pounds sterling free of all Duties Taxes and imposts
whatsoever making with the specific bequest of one thousand pounds a
clear sum of one million pounds sterling free of all imposts. And he
will from the moment of the delivery of such written withdrawal cease
to have any right or interest whatsoever in the further disposition
of my estate under this instrument. Should such written withdrawal
be received by my Executors they shall have possession of such
residue of my estate as shall remain after the payment of the above
sum of nine hundred and ninety-nine thousand pounds sterling and the
payment of all Duties Taxes assessments or Imposts as may be entailed
by law by its conveyance to the said Rupert Sent Leger and these my
Executors shall hold the same for the further disposal of it
according to the instructions given in the letter marked C and which
is also an integral part of my Last Will and Testament.
"2. If at or before the expiration of the six months above-mentioned
the said Rupert Sent Leger shall have accepted the further conditions
herein stated, he is to have user of the entire income produced by
such residue of my estate the said income being paid to him Quarterly
on the usual Quarter Days by the aforesaid Executors to wit Major
General Sir Colin Alexander MacKelpie Bart. and Edward Bingham Trent
to be used by him in accordance with the terms and conditions
hereinafter mentioned.
"3. The said Rupert Sent Leger is to reside for a period of at least
six months to begin not later than three months from the reading of
my Will in the Castle of Vissarion in the Land of the Blue Mountains.
And if he fulfil the Conditions imposed on him and shall thereby
become possessed of the residue of my estate he is to continue to
reside there in part for a period of one year. He is not to change
his British Nationality except by a formal consent of the Privy
Council of Great Britain.
"At the end of a year and a half from the Reading of my Will he is to
report in person to my Executors of the expenditure of amounts paid
or due by him in the carrying out of the Trust and if they are
satisfied that same are in general accord with the conditions named
in above-mentioned letter marked C and which is an integral part of
my Will they are to record their approval on such Will which can then
go for final Probate and Taxation. On the Completion of which the
said Rupert Sent Leger shall become possessed absolutely and without
further act or need of the entire residue of my estate. In witness
whereof, etc.
"(Signed) ROGER MELTON."
This document is attested by the witnesses to the Will on the same
date.
(Personal and Confidential.)
MEMORANDA MADE BY EDWARD BINGHAM TRENT IN CONNECTION WITH THE WILL OF
ROGER MELTON.
January 3, 1907.
The interests and issues of all concerned in the Will and estate of
the late Roger Melton of Openshaw Grange are so vast that in case any
litigation should take place regarding the same, I, as the solicitor,
having the carriage of the testator's wishes, think it well to make
certain memoranda of events, conversations, etc., not covered by
documentary evidence. I make the first memorandum immediately after
the event, whilst every detail of act and conversation is still fresh
in my mind. I shall also try to make such comments thereon as may
serve to refresh my memory hereafter, and which in case of my death
may perhaps afford as opinions contemporaneously recorded some
guiding light to other or others who may later on have to continue
and complete the tasks entrusted to me.
I.
CONCERNING THE READING OF THE WILL OF ROGER MELTON.
When, beginning at 11 o'clock a.m. on this the forenoon of Thursday,
the 3rd day of January, 1907, I opened the Will and read it in full,
except the clauses contained in the letters marked "B" and "C"; there
were present in addition to myself, the following:
1. Ernest Halbard Melton, J.P, nephew of the testator.
2. Ernest Roger Halbard Melton, son of the above.
3. Rupert Sent Leger, nephew of the testator.
4. Major-General Sir Colin Alexander MacKelpie, Bart., co-executor
with myself of the Will.
5. Andrew Rossiter, my clerk, one of the witnesses of the testator's
Will.
6. Alfred Nugent, stenographer (of Messrs. Castle's office, 21,
Bream's Buildings, W.C.).
When the Will had been read, Mr. E. H. Melton asked the value of the
estate left by the testator, which query I did not feel empowered or
otherwise able to answer; and a further query, as to why those
present were not shown the secret clauses of the Will. I answered by
reading the instructions endorsed on the envelopes of the two letters
marked "B" and "C," which were sufficiently explanatory.
But, lest any question should hereafter arise as to the fact that the
memoranda in letters marked "B" and "C," which were to be read as
clauses 10 and 11 of the Will, I caused Rupert Sent Leger to open the
envelope marked "B" in the presence of all in the room. These all
signed a paper which I had already prepared, to the effect that they
had seen the envelope opened, and that the memorandum marked "B. To
be read as clause ten of my Will," was contained in the envelope, of
which it was to be the sole contents. Mr. Ernest Halbard Melton,
J.P., before signing, carefully examined with a magnifying-glass, for
which he had asked, both the envelope and the heading of the
memorandum enclosed in the letter. He was about to turn the folded
paper which was lying on the table over, by which he might have been
able to read the matter of the memorandum had he so desired. I at
once advised him that the memorandum he was to sign dealt only with
the heading of the page, and not with the matter. He looked very
angry, but said nothing, and after a second scrutiny signed. I put
the memorandum in an envelope, which we all signed across the flap.
Before signing, Mr Ernest Halbard Melton took out the paper and
verified it. I then asked him to close it, which he did, and when
the sealing-wax was on it he sealed it with his own seal. Sir Colin
A. MacKelpie and I also appended our own seals. I put the envelope
in another, which I sealed with my own seal, and my co-executor and I
signed it across the flap and added the date. I took charge of this.
When the others present had taken their departure, my co-executor and
I, together with Mr. Rupert Sent Leger, who had remained at my
request, went into my private room.
Here Mr. Rupert Sent Leger read the memorandum marked "B," which is
to be read as clause 10 of the Will. He is evidently a man of
considerable nerve, for his face was quite impassive as he read the
document, which conveyed to him (subject to the conditions laid down)
a fortune which has no equal in amount in Europe, even, so far as I
know, amongst the crowned heads. When he had read it over a second
time he stood up and said:
"I wish I had known my uncle better. He must have had the heart of a
king. I never heard of such generosity as he has shown me. Mr.
Trent, I see, from the conditions of this memorandum, or codicil, or
whatever it is, that I am to declare within a week as to whether I
accept the conditions imposed on me. Now, I want you to tell me
this: must I wait a week to declare?" In answer, I told him that
the testator's intention was manifestly to see that he had full time
to consider fully every point before making formal decision and
declaration. But, in answer to the specific question, I could answer
that he might make declaration when he would, provided it was WITHIN,
or rather not after, the week named. I added:
"But I strongly advise you not to act hurriedly. So enormous a sum
is involved that you may be sure that all possible efforts will be
made by someone or other to dispossess you of your inheritance, and
it will be well that everything shall be done, not only in perfect
order, but with such manifest care and deliberation that there can be
no question as to your intention."
"Thank you, sir," he answered; "I shall do as you shall kindly advise
me in this as in other things. But I may tell you now--and you, too,
my dear Sir Colin--that I not only accept my Uncle Roger's conditions
in this, but that when the time comes in the other matters I shall
accept every condition that he had in his mind--and that I may know
of--in everything." He looked exceedingly in earnest, and it gave me
much pleasure to see and hear him. It was just what a young man
should do who had seen so generously treated. As the time had now
come, I gave him the bulky letter addressed to him, marked "D" which
I had in my safe. As I fulfilled my obligation in the matter, I
said:
"You need not read the letter here. You can take it away with you,
and read it by yourself at leisure. It is your own property, without
any obligation whatever attached to it. By the way, perhaps it would
be well if you knew. I have a copy sealed up in an envelope, and
endorsed, 'To be opened if occasion should arise,' but not otherwise.
Will you see me to-morrow, or, better still, dine with me alone here
to-night? I should like to have a talk with you, and you may wish to
ask me some questions." He answered me cordially. I actually felt
touched by the way he said good-bye before he went away. Sir Colin
MacKelpie went with him, as Sent Leger was to drop him at the Reform.
Letter from Roger Melton to Rupert Sent Leger, endorsed "D. re Rupert
Sent Leger. To be given to him by Edward Bingham Trent if and as
soon as he has declared (formally or informally) his intention of
accepting the conditions named in Letter B., forming Clause 10 in my
Will. R. M., 1/1/'07.
"Mem.--Copy (sealed) left in custody of E. B. Trent, to be opened if
necessary, as directed."
June 11, 1906.
MY DEAR NEPHEW,
When (if ever) you receive this you will know that (with the
exception of some definite bequests) I have left to you, under
certain conditions, the entire bulk of my fortune--a fortune so great
that by its aid as a help, a man of courage and ability may carve out
for himself a name and place in history. The specific conditions
contained in Clause 10 of my Will have to be observed, for such I
deem to be of service to your own fortune; but herein I give my
advice, which you are at liberty to follow or not as you will, and my
wishes, which I shall try to explain fully and clearly, so that you
may be in possession of my views in case you should desire to carry
them out, or, at least, to so endeavour that the results I hope for
may be ultimately achieved. First let me explain--for your
understanding and your guidance--that the power, or perhaps it had
better be called the pressure, behind the accumulation of my fortune
has been ambition. In obedience to its compulsion, I toiled early
and late until I had so arranged matters that, subject to broad
supervision, my ideas could be carried out by men whom I had selected
and tested, and not found wanting. This was for years to the
satisfaction, and ultimately to the accumulation by these men of
fortune commensurate in some measure to their own worth and their
importance to my designs. Thus I had accumulated, whilst still a
young man, a considerable fortune. This I have for over forty years
used sparingly as regards my personal needs, daringly with regard to
speculative investments. With the latter I took such very great
care, studying the conditions surrounding them so thoroughly, that
even now my schedule of bad debts or unsuccessful investments is
almost a blank. Perhaps by such means things flourished with me, and
wealth piled in so fast that at times I could hardly use it to
advantage. This was all done as the forerunner of ambition, but I
was over fifty years of age when the horizon of ambition itself
opened up to me. I speak thus freely, my dear Rupert, as when you
read it I shall have passed away, and not ambition nor the fear of
misunderstanding, nor even of scorn can touch me. My ventures in
commerce and finance covered not only the Far East, but every foot of
the way to it, so that the Mediterranean and all its opening seas
were familiar to me. In my journeyings up and down the Adriatic I
was always struck by the great beauty and seeming richness--native
richness--of the Land of the Blue Mountains. At last Chance took me
into that delectable region. When the "Balkan Struggle" of '90 was
on, one of the great Voivodes came to me in secret to arrange a large
loan for national purposes. It was known in financial circles of
both Europe and Asia that I took an active part in the haute
politique of national treasuries, and the Voivode Vissarion came to
me as to one able and willing to carry out his wishes. After
confidential pour-parlers, he explained to me that his nation was in
the throes of a great crisis. As you perhaps know, the gallant
little Nation in the Land of the Blue Mountains has had a strange
history. For more than a thousand years--ever since its settlement
after the disaster of Rossoro--it had maintained its national
independence under several forms of Government. At first it had a
King whose successors became so despotic that they were dethroned.
Then it was governed by its Voivodes, with the combining influence of
a Vladika somewhat similar in power and function to the Prince-
Bishops of Montenegro; afterwards by a Prince; or, as at present, by
an irregular elective Council, influenced in a modified form by the
Vladika, who was then supposed to exercise a purely spiritual
function. Such a Council in a small, poor nation did not have
sufficient funds for armaments, which were not immediately and
imperatively necessary; and therefore the Voivode Vissarion, who had
vast estates in his own possession, and who was the present
representative a family which of old had been leaders in the land,
found it a duty to do on his own account that which the State could
not do. For security as to the loan which he wished to get, and
which was indeed a vast one, he offered to sell me his whole estate
if I would secure to him a right to repurchase it within a given time
(a time which I may say has some time ago expired). He made it a
condition that the sale and agreement should remain a strict secret
between us, as a widespread knowledge that his estate had changed
hands would in all probability result in my death and his own at the
hands of the mountaineers, who are beyond everything loyal, and were
jealous to the last degree. An attack by Turkey was feared, and new
armaments were required; and the patriotic Voivode was sacrificing
his own great fortune for the public good. What a sacrifice this was
he well knew, for in all discussions regarding a possible change in
the Constitution of the Blue Mountains it was always taken for
granted that if the principles of the Constitution should change to a
more personal rule, his own family should be regarded as the Most
Noble. It had ever been on the side of freedom in olden time; before
the establishment of the Council, or even during the rule of the
Voivodes, the Vissarion had every now and again stood out against the
King or challenged the Princedom. The very name stood for freedom,
for nationality, against foreign oppression; and the bold
mountaineers were devoted to it, as in other free countries men
follow the flag.
Such loyalty was a power and a help in the land, for it knew danger
in every form; and anything which aided the cohesion of its integers
was a natural asset. On every side other powers, great and small,
pressed the land, anxious to acquire its suzerainty by any means--
fraud or force. Greece, Turkey, Austria, Russia, Italy, France, had
all tried in vain. Russia, often hurled back, was waiting an
opportunity to attack. Austria and Greece, although united by no
common purpose or design, were ready to throw in their forces with
whomsoever might seem most likely to be victor. Other Balkan States,
too, were not lacking in desire to add the little territory of the
Blue Mountains to their more ample possessions. Albania, Dalmatia,
Herzegovina, Servia, Bulgaria, looked with lustful eyes on the land,
which was in itself a vast natural fortress, having close under its
shelter perhaps the finest harbour between Gibraltar and the
Dardanelles.
But the fierce, hardy mountaineers were unconquerable. For centuries
they had fought, with a fervour and fury that nothing could withstand
or abate, attacks on their independence. Time after time, century
after century, they had opposed with dauntless front invading armies
sent against them. This unquenchable fire of freedom had had its
effect. One and all, the great Powers knew that to conquer that
little nation would be no mean task, but rather that of a tireless
giant. Over and over again had they fought with units against
hundreds, never ceasing until they had either wiped out their foes
entirely or seen them retreat across the frontier in diminished
numbers.
For many years past, however, the Land of the Blue Mountains had
remained unassailable, for all the Powers and States had feared lest
the others should unite against the one who should begin the attack.
At the time I speak of there was a feeling throughout the Blue
Mountains--and, indeed, elsewhere--that Turkey was preparing for a
war of offence. The objective of her attack was not known anywhere,
but here there was evidence that the Turkish "Bureau of Spies" was in
active exercise towards their sturdy little neighbour. To prepare
for this, the Voivode Peter Vissarion approached me in order to
obtain the necessary "sinews of war."
The situation was complicated by the fact that the Elective Council
was at present largely held together by the old Greek Church, which
was the religion of the people, and which had had since the beginning
its destinies linked in a large degree with theirs. Thus it was
possible that if a war should break out, it might easily become--
whatever might have been its cause or beginnings--a war of creeds.
This in the Balkans must be largely one of races, the end of which no
mind could diagnose or even guess at.
I had now for some time had knowledge of the country and its people,
and had come to love them both. The nobility of Vissarion's self-
sacrifice at once appealed to me, and I felt that I, too, should like
to have a hand in the upholding of such a land and such a people.
They both deserved freedom. When Vissarion handed me the completed
deed of sale I was going to tear it up; but he somehow recognized my
intention, and forestalled it. He held up his hand arrestingly as he
said:
"I recognize your purpose, and, believe me, I honour you for it from
the very depths of my soul. But, my friend, it must not be. Our
mountaineers are proud beyond belief. Though they would allow me--
who am one of themselves, and whose fathers have been in some way
leaders and spokesmen amongst them for many centuries--to do all that
is in my power to do--and what, each and all, they would be glad to
do were the call to them--they would not accept aid from one outside
themselves. My good friend, they would resent it, and might show to
you, who wish us all so well, active hostility, which might end in
danger, or even death. That was why, my friend, I asked to put a
clause in our agreement, that I might have right to repurchase my
estate, regarding which you would fain act so generously."
Thus it is, my dear nephew Rupert, only son of my dear sister, that I
hereby charge you solemnly as you value me--as you value yourself--as
you value honour, that, should it ever become known that that noble
Voivode, Peter Vissarion, imperilled himself for his country's good,
and if it be of danger or evil repute to him that even for such a
purpose he sold his heritage, you shall at once and to the knowledge
of the mountaineers--though not necessarily to others--reconvey to
him or his heirs the freehold that he was willing to part with--and
that he has de facto parted with by the effluxion of the time during
which his right of repurchase existed. This is a secret trust and
duty which is between thee and me alone in the first instance; a duty
which I have undertaken on behalf of my heirs, and which must be
carried out, at whatsoever cost may ensue. You must not take it that
it is from any mistrust of you or belief that you will fail that I
have taken another measure to insure that this my cherished idea is
borne out. Indeed, it is that the law may, in case of need--for no
man can know what may happen after his own hand be taken from the
plough--be complied with, that I have in another letter written for
the guidance of others, directed that in case of any failure to carry
out this trust--death or other--the direction become a clause or
codicil to my Will. But in the meantime I wish that this be kept a
secret between us two. To show you the full extent of my confidence,
let me here tell you that the letter alluded to above is marked "C,"
and directed to my solicitor and co-executor, Edward Bingham Trent,
which is finally to be regarded as clause eleven of my Will. To
which end he has my instructions and also a copy of this letter,
which is, in case of need, and that only, to be opened, and is to be
a guide to my wishes as to the carrying out by you of the conditions
on which you inherit.
And now, my dear nephew, let me change to another subject more dear
to me--yourself. When you read this I shall have passed away, so
that I need not be hampered now by that reserve which I feel has
grown upon me through a long and self-contained life. Your mother
was very dear to me. As you know, she was twenty years younger than
her youngest brother, who was two years younger than me. So we were
all young men when she was a baby, and, I need not say, a pet amongst
us--almost like our own child to each of us, as well as our sister.
You knew her sweetness and high quality, so I need say nothing of
these; but I should like you to understand that she was very dear to
me. When she and your father came to know and love each other I was
far away, opening up a new branch of business in the interior of
China, and it was not for several months that I got home news. When
I first heard of him they had already been married. I was delighted
to find that they were very happy. They needed nothing that I could
give. When he died so suddenly I tried to comfort her, and all I had
was at her disposal, did she want it. She was a proud woman--though
not with me. She had come to understand that, though I seemed cold
and hard (and perhaps was so generally), I was not so to her. But
she would not have help of any kind. When I pressed her, she told me
that she had enough for your keep and education and her own
sustenance for the time she must still live; that your father and she
had agreed that you should be brought up to a healthy and strenuous
life rather than to one of luxury; and she thought that it would be
better for the development of your character that you should learn to
be self-reliant and to be content with what your dear father had left
you. She had always been a wise and thoughtful girl, and now all her
wisdom and thought were for you, your father's and her child. When
she spoke of you and your future, she said many things which I
thought memorable. One of them I remember to this day. It was
apropos of my saying that there is a danger of its own kind in
extreme poverty. A young man might know too much want. She answered
me: "True! That is so! But there is a danger that overrides it;"
and after a time went on:
"It is better not to know wants than not to know want!" I tell you,
boy, that is a great truth, and I hope you will remember it for
yourself as well as a part of the wisdom of your mother. And here
let me say something else which is a sort of corollary of that wise
utterance:
I dare say you thought me very hard and unsympathetic that time I
would not, as one of your trustees, agree to your transferring your
little fortune to Miss MacKelpie. I dare say you bear a grudge
towards me about it up to this day. Well, if you have any of that
remaining, put it aside when you know the truth. That request of
yours was an unspeakable delight to me. It was like your mother
coming back from the dead. That little letter of yours made me wish
for the first time that I had a son--and that he should be like you.
I fell into a sort of reverie, thinking if I were yet too old to
marry, so that a son might be with me in my declining years--if such
were to ever be for me. But I concluded that this might not be.
There was no woman whom I knew or had ever met with that I could love
as your mother loved your father and as he loved her. So I resigned
myself to my fate. I must go my lonely road on to the end. And then
came a ray of light into my darkness: there was you. Though you
might not feel like a son to me--I could not expect it when the
memory of that sweet relationship was more worthily filled. But I
could feel like a father to you. Nothing could prevent that or
interfere with it, for I would keep it as my secret in the very holy
of holies of my heart, where had been for thirty years the image of a
sweet little child--your mother. My boy, when in your future life
you shall have happiness and honour and power, I hope you will
sometimes give a thought to the lonely old man whose later years your
very existence seemed to brighten.
