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The Famous Gilson Bequest
by
It was indeed rough on Gilson.
On the morning after his arrest he was tried, convicted, and sentenced. It only remains, so far as concerns his earthly career, to hang him, reserving for more particular mention his last will and testament, which, with great labor, he contrived in prison, and in which, probably from some confused and imperfect notion of the rights of captors, he bequeathed everything he owned to his “lawfle execketer,” Mr. Brentshaw. The bequest, however, was made conditional on the legatee taking the testator’s body from The Tree and “planting it white.”
So Mr. Gilson was–I was about to say “swung off,” but I fear there has been already something too much of slang in this straightforward statement of facts; besides, the manner in which the law took its course is more accurately described in the terms employed by the judge in passing sentence: Mr. Gilson was “strung up.”
In due season Mr. Brentshaw, somewhat touched, it may well be, by the empty compliment of the bequest, repaired to The Tree to pluck the fruit thereof. When taken down the body was found to have in its waistcoat pocket a duly attested codicil to the will already noted. The nature of its provisions accounted for the manner in which it had been withheld, for had Mr. Brentshaw previously been made aware of the conditions under which he was to succeed to the Gilson estate he would indubitably have declined the responsibility. Briefly stated, the purport of the codicil was as follows:
Whereas, at divers times and in sundry places, certain persons had asserted that during his life the testator had robbed their sluice boxes; therefore, if during the five years next succeeding the date of this instrument any one should make proof of such assertion before a court of law, such person was to receive as reparation the entire personal and real estate of which the testator died seized and possessed, minus the expenses of court and a stated compensation to the executor, Henry Clay Brentshaw; provided, that if more than one person made such proof the estate was to be equally divided between or among them. But in case none should succeed in so establishing the testator’s guilt, then the whole property, minus court expenses, as aforesaid, should go to the said Henry Clay Brentshaw for his own use, as stated in the will.
The syntax of this remarkable document was perhaps open to critical objection, but that was clearly enough the meaning of it. The orthography conformed to no recognized system, but being mainly phonetic it was not ambiguous. As the probate judge remarked, it would take five aces to beat it. Mr. Brentshaw smiled good-humoredly, and after performing the last sad rites with amusing ostentation, had himself duly sworn as executor and conditional legatee under the provisions of a law hastily passed (at the instance of the member from the Mammon Hill district) by a facetious legislature; which law was afterward discovered to have created also three or four lucrative offices and authorized the expenditure of a considerable sum of public money for the construction of a certain railway bridge that with greater advantage might perhaps have been erected on the line of some actual railway.
Of course Mr. Brentshaw expected neither profit from the will nor litigation in consequence of its unusual provisions; Gilson, although frequently “flush,” had been a man whom assessors and tax collectors were well satisfied to lose no money by. But a careless and merely formal search among his papers revealed title deeds to valuable estates in the East and certificates of deposit for incredible sums in banks less severely scrupulous than that of Mr. Jo. Bentley.
The astounding news got abroad directly, throwing the Hill into a fever of excitement. The Mammon Hill Patriot, whose editor had been a leading spirit in the proceedings that resulted in Gilson’s departure from New Jerusalem, published a most complimentary obituary notice of the deceased, and was good enough to call attention to the fact that his degraded contemporary, the Squaw Gulch Clarion, was bringing virtue into contempt by beslavering with flattery the memory of one who in life had spurned the vile sheet as a nuisance from his door. Undeterred by the press, however, claimants under the will were not slow in presenting themselves with their evidence; and great as was the Gilson estate it appeared conspicuously paltry considering the vast number of sluice boxes from which it was averred to have been obtained. The country rose as one man!