Into the Wilderness
Page 56
"My father," began Elizabeth, "has expressed an intention to execute a deed of gift in my favor."
"Ah, yes," Mr. Bennett said. "I am familiar with the document. I reviewed it for him."
"Then perhaps I need not explain—" Elizabeth's eyes scanned Mr. Bennett's face. "I hope you will forgive my bluntness when I say that as I know no other person of the law to approach on this matter, I find myself compelled to trust you.
"Ha!" Mr. Bennett's laugh caught Elizabeth off guard, and she found herself smiling in return.
"You are an unusual young lady, if I may be so bold," he said, drawing a handkerchief from the cuff of his linen shirt and touching it to his mouth. "But I take your point. Please be assured of my discretion. You may ask what you like, and if it is within my power, I will answer."
Elizabeth stood up suddely and walked to the bookcases which lined the wall. She ran a finger over the titles there.
"My father wishes me to marry."
"Dr. Todd," said Mr. Bennett.
Elizabeth's shoulders tensed, but she did not turn. "You are better informed than I would have guessed."
"I am sorry if I've offended you," Mr. Bennett said quietly.
There was something in his manner which caused Elizabeth to trust him. She was not sure exactly if it was his willingness to be amused, or his honesty.
"You haven't offended me. I'm not even greatly surprised, I must confess. Everyone seems to know more about this business than I do."
"This is a small society, after all," said Mr. Bennett. "We take as much interest in each other as any set of families in England."
"Yes, I am coming to see that," Elizabeth said. "Perhaps you will understand my meaning, then, when I say that I fear Dr. Todd's interest in me has more to do with the deed of gift than it does with myself."
There was a knock at the door, and the clerk came in with a bow to Elizabeth to put a note on the table in front of Mr. Bennett. Elizabeth was quite glad to have this interruption, for it gave her an opportunity to gather her thoughts.
"Let me ask you, Mr. Bennett. Is there any way to secure a woman's property for herself once she is married? To keep her property for her own use, and independent of her husband?"
"No," Mr. Bennett said, with his head inclined. "Not really. There is the possibility of trusteeship, in which your property would be vested in a man other than your husband—but even that would not stand up in every court. There was a large volume on the table and he put one hand on it now. "Blackstone is quite clear on that matter."
Elizabeth nodded. "That is as I feared." She began to pace the room, her skirts swirling as she turned and then turned again.
"Very well, then," she said, stopping in front of the table. "Once the deed of gift is signed, the property is mine until I marry. Is that correct? Then it transfers to my husband?"
"That is correct."
"Could my father . . . change his mind? Ask the court to return the property to him?"
"Not unless there has been deception of some kind," said Mr. Bennett.
"Could you be more specific?"
Mr. Bennett settled back into his chair, and with his fingers tented under his chin, he summarized for Elizabeth the conditions under which a father might petition for the nullification of a deed of gift. "But," he concluded, "I have never heard of such a petition actually coming before the court in this part of the country. It would certainly be a scandal of the highest order."
"Between the time the deed is signed, and I marry, can I dispose of the property as I please?"
"Only with court approval," said Mr. Bennett. He picked up a small paperweight from his table and rolled it between his palms thoughtfully.
With her back to him as she looked out into the road, Elizabeth said: "I did not have the opportunity to read the deed closely. Is there any stipulation as to the identity of my husband?"
There was a small pause.
"There is no mention of marriage at all in the deed," Mr. Bennett said finally. "Any promises you make to your father—or to anyone else—are different contractual arrangements altogether, and have nothing to do with the deed. As long as it is signed and witnessed in my presence, it is valid. No matter whom you marry."
Elizabeth turned to find Mr. Bennett watching her very closely. "You are very perceptive," she said with a small smile.
"You mustn't give me credit for too much," Mr. Bennett said.
"It is only that I am more familiar with Richard Todd's childhood than you might be. You haven't heard about his youth?"
Elizabeth wondered if she should allow Mr. Bennett to tell her this story.
"You have scruples, I see, about hearing this history. But I think you should hear it, as it may have a material effect on your own actions."
Mr. Bennett waited. When Elizabeth finally nodded, he sat forward in his chair with his hands flat on the table in front of him.
"The Mohawk kidnapped Richard along with his mother and brother during the border wars. He was about three at the time. The march north took them over Hidden Wolf."
The sunlight lay in great flat sheets across the table and illuminated Mr. Bennett's hands, the long fingers stained with ink, the pale nails glowing pink. Elizabeth found it hard to take her eyes off his hands.
"His mother was with child, she couldn't keep up the march. She died on the mountain. Richard was taken north to Canada. His uncle, Amos Foster, bought him out of captivity when he was eleven."
"Ah, yes," Mr. Bennett said. "I am familiar with the document. I reviewed it for him."
"Then perhaps I need not explain—" Elizabeth's eyes scanned Mr. Bennett's face. "I hope you will forgive my bluntness when I say that as I know no other person of the law to approach on this matter, I find myself compelled to trust you.
"Ha!" Mr. Bennett's laugh caught Elizabeth off guard, and she found herself smiling in return.
"You are an unusual young lady, if I may be so bold," he said, drawing a handkerchief from the cuff of his linen shirt and touching it to his mouth. "But I take your point. Please be assured of my discretion. You may ask what you like, and if it is within my power, I will answer."
Elizabeth stood up suddely and walked to the bookcases which lined the wall. She ran a finger over the titles there.
"My father wishes me to marry."
"Dr. Todd," said Mr. Bennett.
Elizabeth's shoulders tensed, but she did not turn. "You are better informed than I would have guessed."
"I am sorry if I've offended you," Mr. Bennett said quietly.
There was something in his manner which caused Elizabeth to trust him. She was not sure exactly if it was his willingness to be amused, or his honesty.
"You haven't offended me. I'm not even greatly surprised, I must confess. Everyone seems to know more about this business than I do."
"This is a small society, after all," said Mr. Bennett. "We take as much interest in each other as any set of families in England."
"Yes, I am coming to see that," Elizabeth said. "Perhaps you will understand my meaning, then, when I say that I fear Dr. Todd's interest in me has more to do with the deed of gift than it does with myself."
There was a knock at the door, and the clerk came in with a bow to Elizabeth to put a note on the table in front of Mr. Bennett. Elizabeth was quite glad to have this interruption, for it gave her an opportunity to gather her thoughts.
"Let me ask you, Mr. Bennett. Is there any way to secure a woman's property for herself once she is married? To keep her property for her own use, and independent of her husband?"
"No," Mr. Bennett said, with his head inclined. "Not really. There is the possibility of trusteeship, in which your property would be vested in a man other than your husband—but even that would not stand up in every court. There was a large volume on the table and he put one hand on it now. "Blackstone is quite clear on that matter."
Elizabeth nodded. "That is as I feared." She began to pace the room, her skirts swirling as she turned and then turned again.
"Very well, then," she said, stopping in front of the table. "Once the deed of gift is signed, the property is mine until I marry. Is that correct? Then it transfers to my husband?"
"That is correct."
"Could my father . . . change his mind? Ask the court to return the property to him?"
"Not unless there has been deception of some kind," said Mr. Bennett.
"Could you be more specific?"
Mr. Bennett settled back into his chair, and with his fingers tented under his chin, he summarized for Elizabeth the conditions under which a father might petition for the nullification of a deed of gift. "But," he concluded, "I have never heard of such a petition actually coming before the court in this part of the country. It would certainly be a scandal of the highest order."
"Between the time the deed is signed, and I marry, can I dispose of the property as I please?"
"Only with court approval," said Mr. Bennett. He picked up a small paperweight from his table and rolled it between his palms thoughtfully.
With her back to him as she looked out into the road, Elizabeth said: "I did not have the opportunity to read the deed closely. Is there any stipulation as to the identity of my husband?"
There was a small pause.
"There is no mention of marriage at all in the deed," Mr. Bennett said finally. "Any promises you make to your father—or to anyone else—are different contractual arrangements altogether, and have nothing to do with the deed. As long as it is signed and witnessed in my presence, it is valid. No matter whom you marry."
Elizabeth turned to find Mr. Bennett watching her very closely. "You are very perceptive," she said with a small smile.
"You mustn't give me credit for too much," Mr. Bennett said.
"It is only that I am more familiar with Richard Todd's childhood than you might be. You haven't heard about his youth?"
Elizabeth wondered if she should allow Mr. Bennett to tell her this story.
"You have scruples, I see, about hearing this history. But I think you should hear it, as it may have a material effect on your own actions."
Mr. Bennett waited. When Elizabeth finally nodded, he sat forward in his chair with his hands flat on the table in front of him.
"The Mohawk kidnapped Richard along with his mother and brother during the border wars. He was about three at the time. The march north took them over Hidden Wolf."
The sunlight lay in great flat sheets across the table and illuminated Mr. Bennett's hands, the long fingers stained with ink, the pale nails glowing pink. Elizabeth found it hard to take her eyes off his hands.
"His mother was with child, she couldn't keep up the march. She died on the mountain. Richard was taken north to Canada. His uncle, Amos Foster, bought him out of captivity when he was eleven."
