But one may say that a Court does not lightly grant permission to presume death.

There will be a rigorous inquiry--and a decidedly unpleasant one, I suspect--and the evidence will be reviewed by the judge with a strong predisposition to regard the testator as being still alive.

On the other hand, the known facts point very distinctly to the probability that he is dead; and, if the will were less complicated and all the interested parties were unanimous in supporting the application, I don't see why it might not be granted.
But it will clearly be to the interest of Godfrey to oppose the application, unless he can show that the conditions of clause two have been complied with--which it is virtually certain that he can not; and he may be able to bring forward reasons for believing John to be still alive.

But even if he is unable to do this, inasmuch as it is pretty clear that he was intended to be the chief beneficiary, his opposition is likely to have considerable weight with the Court." "Oh, is it ?" I exclaimed eagerly.

"Then that accounts for a very peculiar proceeding on the part of Hurst.