Page 107 of A Calamity of Souls


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Gates introduced him as his son, Walter.

Jack shook his hand and said, “Your father mentioned you were in real estate?”

“That’s right. I’ve done a fair amount of residential construction, including some of the homes in Faulkner’s Woods, and a couple of small commercial projects. But I’m hoping to build up a more substantial portfolio.”

“Good for you.”

As they were about to sit down there came another knock at the door. Walter Gates opened it, revealing Edmund Battle.

Curtis Gates said, “Well, I think we’re all here now. Let’s get down to it.”

They all settled into their seats as Gates cleared his throat. The estates lawyer then recited the provisions of the will that were already known to Jack and DuBose.

“This is absurd!” barked Sam Randolph. “Why would my parents have created this... this tontine device? It makes no sense at all.”

Battle said, “Mr. Gates, how much cash is in the estate?”

Gates consulted a document and said, “About four thousand dollars.”

“What?” exclaimed Sam. “Then how in the world did they continue to live there? How did they have money for a maid and to pay the man who ended up killing them?”

Gordon glanced at Christine, who nodded. He said, “We have been financially supporting Leslie and Anne for the last few years. Their money ran out, and we wanted them to be able to stay in their home and live out their lives in comfort.”

“Good God!” cried out Sam Randolph. “Well, what you did was set them up to be murdered by a man looking for an inheritance.”

“What do you mean by that?” said Christine, turning to look at her brother.

Battle answered, “He means that your father told Jerome Washington that he was to be included in the will. Then he changed his mind when Washington became belligerent.” He glanced at Gordon. “And he also thought the man had been in his house and had stolen things from him. But Washington didn’t know that your father had changed his mind. So he killed them in the hopes of inheriting money.” He looked confidently at Jack and DuBose. “How do you think that will play out before a jury?”

“It’ll sound somewhat plausible, until we have our turn,” said DuBose.

He gave her a condescending expression and said, “Uh-huh, sure.”

Sam said, “So Christine and I have to wait for one of us to die? That’s outrageous.”

“Your parents were of sound mind when they made the will,” countered Gates.

“But what will happen to the property until one of us dies?” asked Randolph. “Who will pay for its upkeep, taxes and such? Will it just sit there and rot for years?”

“That was thought of and addressed,” said Gates. “The estate will sell off five acres for development. That will raise more than enough money to keep the property up for a very long time. In addition, the will does provide that one or both of you can live in the house rent free for as long as you wish, until there is only one surviving child.”

“I don’t want to live there!” snapped Randolph. “I want the money. Now.”

“I’m sorry,” said Gates. “That is not how it will work.”

Jack said, “Can you shed any more light on why they made such a will?”

“It’s not my job to wonder about such things. It’s my job to draft the documents that will implement my client’s wishes,” replied Gates testily.

DuBose said, “But are you saying that Leslie and Anne Randolph were independently aware of the legal structure known as the tontine? I find that very difficult to believe. I would venture to say that most lawyers in this country have never heard of it. I had to look it up myself after you told us about it previously.”

Battle glanced sharply at her and said, “I have to admit, I had to do that, too, Mr. Gates, when you told me about it earlier.”

They all looked at Gates who, for the first time, did not look so smug. “Well, in all candor, I suggested a tontine-style structure,” he said.

“Why?” asked DuBose.

“Because Leslie told me that he wanted only one of his children to inherit the property. I told him that barring an outright testamentary disposition in favor of one child, which undoubtedly would have prompted a lawsuit from the other, a tontine-style arrangement was the most efficient mechanism to execute upon their wishes.”

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