Джон Гришэм: The Testament

The gifts had been disastrous, yet they had also brought maturity. Now, with the benefit of the years, the Phelan children looked back at their mistakes. They were embarrassed by how foolish they’d been with the money. Imagine waking up one day like the prodigal son, as Rex had once done at the age of thirty-two — divorced, broke, and standing before a judge who was about to jail him for nonpayment of child support. Imagine sitting in jail for eleven days while your brother, also broke and divorced, tried to convince your mother to bail you out. Rex said he spent his time behind bars trying to recount where the money had gone.

Life has been hard for the Phelan children. Many of their wounds were self-inflicted, but many had been inevitable because of their father.

The final act of neglect by their father had been his handwritten will. They would never understand the malice of the man who’d spurned them as children, chastised them as adults, and erased them as heirs.

Hark concluded by saying, “They are Phelans, Troy’s own flesh and blood, for better or for worse, and they certainly deserve a fair portion of their father’s estate.”

When Hark finished he sat down, and the room was silent. It was a heart-felt plea, and Nate and Josh, even Wycliff, were moved by it. It would never play to a jury because he couldn’t admit in open court that his clients had no case. But for the moment and the setting, Hark’s little oration was just perfect.

Nate supposedly held the money, at least that was his part of the game. He could haggle and squeeze, bluff and dicker for an hour and trim a few million from the fortune. But he was simply in no mood to do so. If Hark could shoot straight, so could he. It was all a ruse anyway.

“What’s your bottom line?” he asked Hark, their eyes locking like radar.

“I’m not sure we have a bottom line. I think fifty million per heir is reasonable. I know it sounds like a lot, and it is, but look at the size of the estate. After taxes, we’re still only talking about five percent of the money.”

“Five percent is not very much,” Nate said, then let the words hang between them. Hark was watching him, but the others were not. They were hunched over their legal pads, pens ready for the next round of calculations.

“It really isn’t,” Hark said.

“My client will agree to fifty million,” Nate said. At the moment, his client was probably teaching Bible songs to small children under the shade of a tree by the river.

Wally Bright had just earned a fee of twenty-five million dollars, and his first impulse was to bolt across the room and kiss Nate’s feet. But instead he frowned with intelligence and made careful notes, notes he couldn’t read.

Josh knew it was coming, of course, his bean counters had done the math, but Wycliff did not. A settlement had just occurred, no trial would be held. He had to appear pleased. “Well, then,” he said, “do we have a settlement?”

Out of nothing but sheer habit, the Phelan lawyers engaged in one last huddle. They grouped around Hark and tried to whisper, but words failed them.

“It’s a deal,” Hark announced, twenty-six million dollars richer.

Josh just happened to have the rough draft of a settlement agreement. They began filling in the blanks, when suddenly the Phelan lawyers remembered their clients. They asked to be excused, then ran into the hallway, cell phones appearing from every pocket. Troy Junior and Rex were waiting by a soft drink machine on the first floor. Geena and Cody were reading newspapers in an empty courtroom. Spike and Libbigail were sitting in their old pickup down the street. Mary Ross was in her Cadillac in the parking lot. Ramble was at home in the basement, door locked, headphones on, in another world.

The settlement would not be complete until signed and approved by Rachel Lane. The Phelan lawyers wanted it to be strictly confidential. Wycliff agreed to seal the court file. After an hour the agreement was complete. It was signed by each of the Phelan heirs and their lawyers. It was signed by Nate.

Only one signature was left. Nate informed them that it would take him a few days to get it.

If they only knew, he thought as he left the courthouse.

Friday afternoon, Nate and the Rector left St. Michaels in the lawyer’s leased car. The Rector drove so he could get used to it. Nate napped in the passenger’s seat. As they crossed the Bay Bridge, Nate woke up and read the final settlement agreement to Phil, who wanted all the details.

The Phelan Group Gulfstream IV was waiting at the Baltimore-Washington airport. It was sleek and shiny, big enough to haul twenty people anywhere in the world. Phil wanted a better look, so they asked the pilots for a tour. No problem. Whatever Mr. O’Riley wanted. The cabin was all leather and wood, with sofas, recliners, a conference table, several television screens. Nate would’ve been happy to travel like a normal person, but Josh had insisted.

He watched Phil drive away, then reboarded the plane. In nine hours he would be in Corumbá.

The trust agreement was deliberately thin, in as few words as possible, and with words as short and as plain as the drafters of such impossible instruments could invent. Josh had made them rewrite it numerous times. If Rachel had the slightest inclination to sign it, then it was imperative she be able to grasp its meaning. Nate would be there to do the explaining, but he knew she had little patience with such matters.

The assets she received under her father’s last will and testament would be placed in a trust, named the Rachel Trust, for lack of anything more creative. The principal would remain intact for ten years, with only the interest and earnings available for charitable giving. After ten years, 5 percent of the principal per year, in addition to the interest and earnings, could be spent at the discretion of the trustees. The annual disbursements were to be used for a variety of charitable purposes, with emphasis on the mission work of World Tribes. But the language was so loose that the trustees could use the money for almost any benevolent cause. The original trustee was Neva Collier, at World Tribes, and she had the authority to appoint up to a dozen other trustees to help with the work. The trustees would govern themselves and report to Rachel, if she wanted.

If Rachel so desired, she would never see or touch the money. The trust would be set up with the assistance of attorneys chosen by World Tribes.

It was such a simple solution.

It would take only a signature, one quick Rachel Lane or whatever her last name was. One signature on the trust, one on the settlement agreement, and the Phelan estate could be closed in due course with no more fireworks. Nate could move on, face his troubles, take his medicine, and begin rebuilding his life. He was anxious to get started.

If she refused to sign the trust and the settlement, then Nate needed her signature on a document of renunciation. She could decline the gift, but she had to notify the court.

A renunciation would render Troy’s testament worthless. It would be valid, but not operable. The assets would have no place to go, so the effect would be the same as if he’d died with no will. The law would divide the estate into six shares, one for each of his heirs.

How would she react? He wanted to think she would be delighted to see him, but he wasn’t convinced of that. He remembered her waving to his boat as he left, just before the dengue hit. She was standing among her people, waving him away, saying good-bye forever. She did not want to be bothered with the things of the world.

Valdir was waiting at the Corumbá airport when the Gulfstream taxied to the small terminal. It was 1 A.M.; the airport was deserted, only a handful of small planes were at the far end of the tarmac. Nate glanced at them, and wondered if Milton’s had ever returned from the Pantanal.