such a request is hardly going to be ignoredââ
âHow can we be sure? Do you see?â the Colonel said, smiling again. âNow, I tell you what weâll do. Iâll ring for my man, Tomkins, and weâll get some luggage tags to tie to the objects marked for the different relatives.â
Rutherford sat helpless as the Colonel rang, and told Tomkins what he wanted. When the butler returned with the tags, he gave them to the Colonel and then took each one silently from him as the old man wrote a name on it. He then proceeded gravely to tie it to a lamp or a chair or to stick it with Scotch tape to the frame of a picture or some other object. Both he and the Colonel seemed quite engrossed in their task and entirely unmindful of Rutherford, who followed them about the study, halfheartedly writing down the name of the fortunate niece who was to receive the Luther Terry âPeasant Girlâ or the happy cousin who was to get the John Rogers group. By lunchtime, the study looked like a naval vessel airing its signal flags. The Colonel surveyed the whole with satisfaction.
âWell!â he exclaimed, turning to Rutherford. âI guess thatâs that for today! All work and no play, you know. Come back tomorrow, my dear young man, and weâll do the music room.â
Rutherford, his pockets rustling with useless notes, walked down Fifth Avenue, too overwrought to go immediately back to the office. He stopped at his club and had an early drink in the almost empty bar, calculating how long at this rate it would take them to do the whole house. And what about the one on Long Island? And how did he know there mightnât be another in Florida? It was suddenly grimly clear that unless he managed to get the Colonel out of this distressing new mood of particulars and back to his more sweeping attitude of the day before, there might never be any will at all. And, looking at his own pale face in the mirror behind the bar, he drew himself up and ordered another drink. What was it that Clitus Tilney always said was the mark of a good lawyerâcreative imagination?
At his office, after lunch, he went to work with a determination that he had not shown since the Benzedrine weekend, fifteen years before, when he took his bar examinations. He kept his office door closed, and snapped âKeep out, please!â to each startled young man who banged it open to get to the real estate safe. He even had the courage to seize one of them, a Mr. Baitsell, and demand his services. When Baitsell protested, Rutherford asserted himself as he had not done since his uncleâs death. âIâm sorry. This is emergency,â he said.
Once obtained, Baitsell was efficient. He dug out of the files a precedent for a simple foundation for medical purposes and, using it as a guide, drafted that part of the will himself while Rutherford worked out the legacies for the grandnephews. This was a tricky business, for the bequests had to be large enough to induce the young Huberts not to contest the will. There were moments, but only brief ones, when he stopped to ponder the morality of what he was doing. Was it
his
responsibility to pass on the Colonelâs soundness of mind? Did he know it to be unsound? And whom, after all, was he gypping? If the old man died without a will, the grandnephews would take everything, to be sure, but everything minus taxes. All he was really doing with his foundation was shifting the tax money from the government, which would waste it, to a charity, which wouldnât. If that wasnât âcreative imagination,â he wanted to know what was! And did anyone think for a single, solitary second that in his position Clitus Tilney would not have done what he was doing? Why, he would probably have made himself residuary legatee! With this thought, Rutherford, after swallowing two or three times, penciled his own name in the blank space for âexecutorâ on the mimeographed
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