The Law Of Nines

Chapter 3

"Ben, stop fooling around. What are you talking about?"

Ben paused at his work and twisted around on his stool to study his grandson. It was an uncomfortable, searching gaze.

"I have something that comes to be yours on your twenty-seventh birthday, Alexander. It came to your mother on her twenty-seventh birthday. Well, it would have . . ." He shook his head sadly. "The poor woman. Bless her tortured soul."

Alex straightened, determined not to get caught up in some fool word game with his grandfather.

"What"s going on?"



His grandfather slipped down off the stool. He paused to reach out with a bony hand and pat Alex on the shoulder.

"Like I said, I have something that becomes yours on your twenty-seventh birthday."

"What is it?"

Ben ran his fingers back over his head of thin, gray hair. "It"s . . . well," he said, waving the hand in a vague gesture, "let me show you. The time has come for you to see it."

ALEX WATCHED AS HIS GRANDFATHER shuffled across the cluttered bas.e.m.e.nt, kicking the odd cardboard box out of his way. At the far wall he moved rakes, hoes, and shovels to the side. Half of them fell over, clattering to the floor. Ben grumbled under his breath as he used a foot to push the errant rakes away until he had cleared a spot against the brick foundation. To Alex"s astonishment his grandfather then started pulling bricks out of a pilaster in the foundation wall.

"What in the world are you doing?"

Holding an armload of a half-dozen bricks, Ben paused to look back over his shoulder. "Oh, I put it in here in case of fire."

That much made sense-after a fashion. Alex was perpetually surprised that his grandfather hadn"t already burned down his house, what with the way he was always using matches, torches, and burners in his tinkering.

As Ben started stacking bricks on the floor, Alex turned to check. Just as he"d suspected, his grandfather had forgotten the soldering iron. Alex picked it up just as it was starting to blacken a patch on the workbench. He set the hot iron in its metal holder, then sighed in exasperation as he wet a finger with his tongue and used it to quench the smoking patch of wood.

"Ben, you nearly caught your bench on fire. You have to be more careful." He tapped the fire extinguisher hanging on the foundation wall. He couldn"t tell if it was full or not. He turned over the tag, squinting, looking for an expiration or last inspection. He didn"t see one. "This thing is charged and up-to-date, isn"t it?"

"Yes, yes," Ben muttered.

When Alex turned back, his grandfather was standing close, holding out a large manila envelope. Traces of ancient stains were visible under a layer of gray mortar dust.

"This is intended for you . . . on your twenty-seventh birthday."

Alex stared at the suddenly ominous thing his grandfather was holding out.

"How long have you had this?"

"Nearly nineteen years."

Alex frowned. "And you kept it walled up in your bas.e.m.e.nt?"

The old man nodded. "To keep it safe until I could give it to you at the proper time. I didn"t want you to grow up knowing about this. Such things, before the right time, can change the course of a young person"s life-change it for the worse."

Alex planted his hands on his hips. "Ben, why do you do such strange things? What if you"d died? Did you ever think of that? What if you"d died and your house got sold?"

"My will leaves you the house."

"I know that, but maybe I"d sell it. I would never have known that you had this hidden away down here."

His grandfather leaned close. "It"s in the will."

"What"s in the will?"

"The instructions that tell you where this was kept and that it"s yours-but not until your twenty-seventh birthday." Ben smiled in a cryptic fashion. "Wills are interesting things; you can put a lot of curious things in such doc.u.ments."

When his grandfather shoved the envelope at him Alex took it, but only reluctantly. As strange as his grandfather"s behavior sometimes was, this ranked right up there with the strangest. Who would keep papers hidden in the brick wall in his bas.e.m.e.nt? And why?

Alex was suddenly worried about the answers to those questions-and others that were only beginning to formulate in the back of his mind.

"Come on," his grandfather said as he shuffled back to the workbench. With an arm he swept aside the clutter that covered the work surface. He slapped his palm on the cleared spot on the bench. "Put it here, in the light."

The flap was torn open-with no attempt to be sneaky about it. Knowing his grandfather, he would have long ago opened the envelope and studied whatever was inside. Alex noticed that the neatly typed address label was made out to his father. He pulled a stack of papers from the envelope. They were clipped together at the top left corner. The cover letter had an embossed logo in faded blue ink saying it was from LANCASTER, BUCKMAN, FENTON, a law firm in Boston.

He tossed the papers on the workbench. "You"ve known all along what this is?" Alex asked, already knowing the answer. "You"ve read it all?"

Ben waved a hand dismissively. "Yes, yes. It"s a transfer of deed. Once it"s executed, you become a landowner."

Alex was taken aback. "Land?"

"Quite a lot of land, actually."

Alex was suddenly so full of questions that he couldn"t seem to think straight. "What do you mean, I"ll become a landowner? What land? Why? Whose is it? And why on my twenty-seventh birthday?"

Ben"s brow creased as he paused to consider. "I think it has to do with the seven. Like I said, it went to your mother on her twenty-seventh birthday-because your father had died before his twenty-seventh birthday when it would have gone to him. So, the way I figure it, the seven has to be the key."

"If it went to my mother, then why is it mine?"

Ben tapped the papers lying on the workbench. "It was supposed to go to her, because your father had pa.s.sed away, but the t.i.tle to the land couldn"t be transferred to her."

"Why not?" Alex asked.

His grandfather lowered his voice as he leaned closer. "Because she was declared mentally incompetent."

The silence dragged on a moment as Ben let that sink in before he went on.

"The stipulations in this last will and testament specify that the heir to whom the t.i.tle is transferred must be of sound mind. Your mother was declared not to be of sound mind and has been in that inst.i.tution ever since. There"s a codicil to the will that stipulates that if the heir in line isn"t able to take ownership of the t.i.tle to the land because of death or mental incapacitation, then it remains in abeyance until the next heir in line becomes twenty-seven, whereupon it is automatically rea.s.signed to them. If there is no heir, or if they are likewise declared in violation of the stipulations-"

"You mean crazy."

"Well, yes," Ben said. "If for any reason the t.i.tle can"t be transferred to your father, mother, or any of their issue-that means their descendants, and you"re the only one of those-then the land goes to a conservation trust."

Alex scratched his temple as he tried to take it all in.

"How much land are we talking about?"

"Enough for you to sell it and buy yourself a new car. That"s what you ought to do." Ben shook a cautionary finger. "This business with the seven is nothing to fool around with, Alex."

For some inexplicable reason beyond his grandfather"s admonition, Alex didn"t feel at all fortunate at the windfall.

"Where is this land?"

Ben gestured irritably. "Back East. In Maine."

"Where you used to live?"

"Not exactly. It"s farther inland. It was land that has been in our family forever, but they"re all dead now, so it goes to you."

"Why not to you?"

Ben shrugged. "Don"t know." He suddenly grinned and leaned in. "Well, actually, it"s probably because they never liked me. Besides, it"s just as well-I"ve no desire to live there again. Blackflies and mud in the spring, mosquitoes in the summer, and endless snow in the winter. I"ve spent enough of my life hip deep in mud and bugs. The weather here suits me better."

Alex wondered if the people who made up the will had discounted Ben because they didn"t consider him of sound mind in the first place.

"I"ve heard that autumn is beautiful back East," Alex said.

Autumn would soon arrive. He wondered if there was enough land to get away and be alone for a while to paint. From time to time Alex liked to hike into wilderness areas to be alone and paint. He liked the way the simplicity of primeval solitude allowed him to lose himself in the scenes he created.

"How much land are we talking about? Is there at least a few acres or so? I"ve heard that some of the land in Maine is pretty expensive."

"That"s on the coast," Ben scoffed. "This is inland. Inland the land isn"t worth nearly as much. Still . . ."

Alex gingerly lifted the cover letter, as if it might suddenly bite him, and scanned the legal jargon.

"Still," his grandfather went on, "I"d venture to say that this is enough to buy you a car." He leaned closer. "Any car you want."

Alex looked up from the papers. "So how much land is it?"

"A little under fifty thousand acres."

Alex blinked. "Fifty thousand acres?"

His grandfather nodded. "You"re now one of the largest private landowners in Maine-other than the paper companies. At least, you will be once the t.i.tle is transferred."

Alex let out a low whistle at the very thought. "Well, I guess I very well might be able to sell a piece of it and buy me a car. I might even sell enough to build-"

Ben was shaking his head. "Sorry, but you can"t."

"Can"t what?"

"Sell a part of it. The covenants to the deed say that you can"t sell any part of it. If you ever want to sell, you have to sell the whole thing, all in one lot, all together and intact, to the conservation trust that"s holding the land. They own the surrounding land."

"I"d have to sell it all-and just to this one group?" Alex frowned. "Are you sure I couldn"t just sell some of it if I wanted to? Just a little?"

Ben was shaking his head. "Back when the papers first came your father and I studied the doc.u.ments. We even went to a lawyer friend your father knew. He confirmed what we thought from what we"d read. It"s airtight. Any violation of the stipulations will result in the t.i.tle reverting permanently to the conservation trust.

"It"s a very tricky doc.u.ment. It"s drawn up in a way that ensures that any deviation from the stipulations will cause the land to go to the trust. There"s no wiggle room. It"s constructed so as to tightly control what happens to the land. You might say that it doesn"t grant an inheritance so much as it offers choices among very limited options.

"With your father"s premature pa.s.sing, and then your mother getting sick, the transfer of t.i.tle wasn"t able to go forward, so it was put in abeyance, in limbo, until you were twenty-seven."

"What if I don"t want to decide right now what I want to do?"

"You have the year you are twenty-seven to decide to take t.i.tle or not. You don"t have to take the land. You can refuse it and then it goes to the trust. If you don"t act while you"re still twenty-seven, t.i.tle to the land automatically transfers to the trust-except under one condition: your heir.

"You"re presently the last heir in line, Alex. You aren"t allowed to will the land to anyone other than a direct descendant. If you never have children, then, when you eventually die, the land goes to the trust."

"What if next week I get hit by a bus and die?"

"Then the t.i.tle immediately transfers to the trust-permanently-because you don"t have an heir, a child. If you become a father, even if you don"t act to claim rightful ownership during the time you"re twenty-seven, then that child becomes part and parcel of the will. It waits for them to come of age. In fact, that"s how you came to this place. If you"re hit by a bus it doesn"t affect any offspring"s rights, just as your father"s death didn"t negate your rights.

"You can take t.i.tle and enjoy the land all you want and if you ever have children you can pa.s.s it on to them, providing you haven"t sold it to the trust. Once sold to them it"s theirs forever."

"If I can only sell to the trust, then they can set the price cheap."

Ben flipped through the pages, searching, until he found what he was looking for. "No, look here." He tapped the page. "You have to sell it to the Daggett Trust-that"s the conservation group-but they must pay fair market value. You can name your own appraiser to ensure that the price is fair. And I can tell you that at fair market value that much land, even being inland, is worth a fortune."

Alex stared off in thought. "I could paint all I want."

Ben smiled. "You know that I think a person should prepare for the worst but live all they can of life. You could sell the land and then paint the rest of your life and never have to sell one of them. I hate to see you having to sell your paintings. They hold such love of life. I hate to see you part with them."

Alex frowned as he came back from imagining. "Why would this trust want to buy this particular piece of land?"

Ben shrugged. "They already own all of the surrounding land. None of it has ever been developed. Most of it is virgin timber that"s been in trust for ages; they want to keep it that way. Our family"s piece is the last remaining part to the puzzle.

"The land owned by the trust is closed to people. No one is ever allowed onto the land-not even hikers. The Nature Alliance is a little miffed that they aren"t allowed in. They think they should have special access since they"re so devoted to preserving nature and all. I guess they went along, though, since the conservation group"s purpose seems so high-minded."

"Well, what if I decide I don"t want to sell it? What if I want to keep it and build a house on it?"

Ben tapped the papers again. "Can"t. The deed comes with a conservation eas.e.m.e.nt. That"s why we"ve never had to pay any property taxes. It"s some kind of special state wilderness area act that exempts land from taxes if it has a conservation eas.e.m.e.nt constructed in the way this one has been drawn up."

"So, then, the land is of no use to me. I can"t use it for anything?"

Ben shrugged. "You can enjoy it, I suppose. It"s your land if you want it. You can walk it, camp on it, things like that, but you can"t build any permanent buildings on it. You also must abide by the trust bylaws that you won"t allow strangers-hikers, campers, and such-on the land."

"Or I can sell it."

"Right. To the Daggett Trust."

It was all so unexpected and overwhelming. Alex had never owned any land, other than the house that had been his parents". The house, just down the street, the home where he"d partially grown up and now lived, was now in his name. In a sense it still felt like it belonged to the ghosts of those long gone. With his home on an ordinary lot Alex had a difficult time imagining how much land fifty thousand acres was. It seemed enough land that a person could become forever lost there.

"If I can"t really do anything with it, maybe I should just sell it," Alex said, thinking out loud.

Ben pulled his soldering project closer. "That sounds wise. Sell it and buy yourself that car you want."

Alex suspiciously eyed the back of his grandfather"s head. "I like the Cherokee. I only want a starter motor."

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