John Marsden - While I live

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I was a bit startled in the middle of all these thoughts to see Mr Sayle walking up the steps. He detoured around the smokers and came straight for me. He was very businesslike, giving me a pile of papers and explaining them so fast that I only understood about one word in every four.

At the end of that he looked around and said, ‘Where are these people, the… ah, the ones you want as guardians?’

‘They’ll be here in a minute,’ I said.

‘They’re not here yet?’ He looked around as though they were probably standing near us and I just hadn’t noticed them. Then he said, ‘Look, Ellie, I have to say I don’t think you’re getting very good advice in all of this. What I want to suggest is that I take on the role of guardian to you. It makes perfect sense, when you think about it. If I’m the guardian as well as executor of the estate, it’d be easier to coordinate everything and to make sure the decisions are in accordance with your best interests.’

He had me in a corner and was talking to the bottom of my throat. I felt very uncomfortable.

‘Uh, well, thanks a lot, Mr Sayle,’ I mumbled. ‘But I really don’t think…’

‘Look,’ he said, ‘I’ve got an application to the magistrate, in case you change your mind. All you have to do is sign it, and then when you get into court, explain that you’d prefer to have me do it. It’s very simple, and the court will be happy either way. After all, at your age you don’t need a guardian for emotional reasons. It’s more for the business and financial matters.’

Showed how much he knew. Somehow I pirouetted out from under him and got into fresh air. He turned to face me and I said, a little desperately, ‘No really, Mr Sayle, I’m happy to go with Mr and Mrs Yannos.’

‘Ellie,’ I heard from behind me. ‘Sorry we’re late.’

Mr and Mrs Yannos had arrived like the cavalry and saved me in the nick of time.

In the courtroom I sat next to Fi’s mum, at the desk for the lawyers. They were just finishing a. 05 case. The guy lost his licence for six months and copped a five hundred buck fine. The magistrate was surprisingly young, a woman who didn’t look any more than thirty. I’d thought that all judges and magistrates were male, white, seventy years old, and talked like people out of the eighteenth century.

She looked at me over the top of her glasses. Again she surprised me, this time by talking about the death of my parents, as though she really cared. She was businesslike but she seemed nice.

‘Ellie Linton,’ she said. ‘I’ve read the papers in this application. I am so sorry about the events that have led to your being here today. Your parents sound like fine and decent people. These murders were an affront to our society, and in particular a terrible affront to you. Now, I understand that you have asked for your neighbours, Mr and Mrs Nicholas Yannos, to become your guardians. Wouldn’t you prefer to have one of your relatives take on this important job?’

Fi’s mum nudged me to stand up. ‘Go on, you can talk for yourself,’ she whispered.

I faced the magistrate. ‘I don’t really have any close relatives,’ I said. ‘I mean, I’ve got aunts and uncles, but they live a long way off, and we’ve never had that much contact with them.’

‘I see. And are Mr and Mrs Yannos here?’

They stood up too. She asked them, ‘Are you willing to become legal guardians to Ellie?’

They nodded. They seemed a bit overwhelmed by the whole thing.

‘You understand the ramifications of doing this? The officers of the court have explained them to you?’

They nodded again.

‘Well, it seems like a very good solution. The references you have supplied are most impressive. Unless anyone else has an objection I propose to make the order.’

She looked around the courtroom for a moment. And blow me dead if Mr Sayle didn’t stand up and clear his throat.

‘Ah, Your Worship, if I may?’

‘Mr Sayle?’

‘Your Worship, I am the executor of the Linton estate and was a good friend to the deceased persons.’

Good friend! Not that I ever noticed. Anyway, good friends don’t talk about ‘the deceased persons’. That didn’t sound too friendly.

‘Yes, Mr Sayle?’

‘In my opinion, given the complexities of the Lintons’ farming operations, and the difficulties of having too many people involved in these matters, I want to ask the court to appoint me as guardian to Ellie. This would have the advantage of combining the financial decisions on running the property with the financial decisions on running the estate. It would mean that things can be managed with greater efficiency. The advantages of this may not be immediately obvious to Ellie, but the Lintons’ business is a large one and is in critical state financially. If there are different forces all, how can I put it, pulling in different directions, then that can hardly be in Ellie’s best interests.’

The magistrate looked back at me. ‘Ellie?’

‘I hardly even know Mr Sayle,’ I said. I was feeling majorly pissed off. ‘I know Mr and Mrs Yannos really well. They’ve been my neighbours all my life. They’ve been so good to me, not just since my parents were killed, but for as long as I can remember. I trust them totally. I just think they’ll be able to help me in a heap of different ways.’

Mr Sayle wasn’t flustered. He turned back to the magistrate and launched into another of his long speeches. ‘The fact is that Mr and Mrs Yannos are Ellie’s neighbours, whether they are officially appointed her guardians or not.’ He gave them a warm smile. ‘I’m sure we can assume they’ll continue to be her friends as well, and that they’ll support her in many different ways. But at Ellie’s age what she needs is not so much a guardian who will provide emotional support as a guardian who will take care of her legal and financial requirements.’

I started sweating, thinking about the bank loan Mr Yannos had guaranteed, because the bank had assumed he was my guardian. They’d never bothered to check. I’d thought at the time that it was a bit slack.

Fi’s mum stood, in her usual graceful way. She reminded me of a swan slowly unfolding its wings. ‘I suppose, Your Worship, we could say with equal confidence that Mr Sayle will continue to be executor of the estate, whether he is Ellie’s guardian or not. Surely it is in Ellie’s best interests to have as many people as possible on her side, rather than having everything rest on one person. And despite what Mr Sayle says, Ellie still needs someone in her life to give her support in all kinds of abstract ways, including emotional. For Mr and Mrs Yannos to take on this role in an official capacity helps to stabilise the whole situation.’

The magistrate looked down and made a few notes. Then she said, ‘With someone of Ellie’s age it’s important that we take her wishes into account. On the other hand there are obvious advantages in having the executor take on the role of guardian. I can see the force of Mr Sayle’s argument that Ellie’s friends, like Mr and Mrs Yannos, will always be there for her. And really, we’re only talking about a relatively short period of time, before she comes of age, in the legal sense.’ She paused. I was doing some serious sweating now. I felt sorry for the next person who sat in this chair. She was going to get a wet bum.

‘Excuse me?’ I said.

‘Yes, Ellie?’

‘I had to get a loan from the bank to keep the farm going, and Mr Yannos personally guaranteed the loan. Will Mr Sayle be able to take over that guarantee and guarantee any future loans the property needs?’

‘Well that’s just it,’ Mr Sayle said, standing up again. ‘That’s exactly the kind of problem I’m having. That loan was particularly ill-advised and in my view was not in the best interests of the estate. Ellie and Mr Yannos charged off to the bank and arranged it without reference to me. If I were Ellie’s guardian this kind of thing simply wouldn’t be allowed to happen.’

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