settlements were most commonly used in Victorian times â¦â
âWhen the Queen would not have been amused â¦â
âWhen there was a greater opprobium attached to ⦠er ⦠irregular liaisons.â
âAre you trying to tell me,â demanded Amelia forthrightly, âthat my great-aunt had a toy-boy?â
âIâm trying to tell you about precatory trusts and settlements,â said James Puckle mildly.
âOh, all right. Go on.â
âThe mechanism behind the device is really quite simple â¦â
âSimple! Oh, sorry â¦â
âThe testator would leave an appropriate sum of money to his best friend or someone else whom he could trust â¦â
âBest friends donât always have a good track record for trustworthiness.â
âTrue. Nevertheless the testator would select a friend or member of his family â¦â
âNot always one and the same either.â
âIn whom he felt he could repose his trust and make them legatees â often residuary legatees as this was more flexible and then â¦â James Puckle paused.
âAnd then â¦?â prompted Amelia, leaning forward in her chair now.
âAnd then arrange for them to be handed a sealed envelope with the Will in which the testator would explain that the money that they had been left was not actually for them at all but for the secret upkeep of the mistress.â
Amelia sat back and said: âI really donât see what this has got to do with me.â
âQuite a lot, Miss Kennerley. You must appreciate that Mrs Garamond has made you her sole executrix and her residuary legatee on the understanding â the unwritten and discreet understanding as far as the Will is concerned, mind you â that you first find this woman â¦â
âAnd then?â said Amelia tautly.
âMrs Garamondâs instructions require that, once found, a judgement must be made before the bulk of her estate is handed over to her.â
âBut â¦â
âA very subjective judgement about her worthiness to inherit.â
Amelia took a deep breath. âSo Iâm to be both judge and jury, am I? Always supposing that we can find her in the first place â¦â
âThe precatory trust gives you total discretion.â James Puckle rustled his papers. âHowever, should your actions be challenged at any time â although I canât imagine by whom â then, of course, we would be very happy to act for you.â
Amelia wrinkled her brow in puzzlement. âAnd if I donât â if I canât â find her, or even if sheâs dead â then what?â
âThe residue of your great-auntâs estate remains yours.â
Amelia said wryly: âKeeping it in the family, I suppose?â
âJust so, Miss Kennerley,â said the solicitor. âThe connection is there. Your late mother and the testatorâs daughter, Perpetua, were first cousins after all.â
Amelia nodded her concurrence with this statement. Puckle, Puckle, and Nunnery had really done their homework on her background.
James Puckle was still going on. âThe precatory words, I must remind you, are merely a private wish, hope, desire â¦â
âAnd entreaty,â she finished for him.
âExpressed in writing in private.â He coughed. âI must remind you that no Trust within the legal meaning of the term is actually established although under more recent legislation it is possible that she might have a separate claim in her own right â¦â
Amelia was scarcely listening now. Her mind had wandered back to the odd disturbance at the Grange: it might be even more important now.
âAnd that the provisions of neither the various Trust Acts nor those of the precatory words are legally enforceable.â He looked at her and asked, âDo I make myself quite clear?â
âLike Charles II saying,