Ben Reach had faced this unhappy moment many times in his long years practicing law. Yet no time seemed so sad as this one. The client was one of his favorites, Fred Eanes, owner of Cedar Hill Plantation and former CEO of Clench Industries, a defense contractor he had sold for a billion dollars so he could enjoy Cedar Hill, a Thomasville quail plantation and a gift from earlier generations of his illustrious Yankee business-wise clan.
Fred had three sons, two like Fred titans of business back in New England. His third was his problem. Billy Eanes had encountered bad luck, compounded by bad judgment, all his life. First marriage to a gold digger who took him to the cleaners in their divorce, second to a show girl from Vegas who got what was left, bad investments in franchise businesses he did not know how to run. At sixty he was broke and without prospects. Worse, he had, following a back injury, suffered addiction to opioids thanks to a feel-good doctor who oversubscribed. He was scheduled to come out of residential rehab the week after Christmas.
“Ben, I want to change my estate plan to cut out Billy,” Fred said. Ben had been afraid that was what Fred wanted to see him about.
“I see,” Ben said after a long pause during which he gathered his wits.
“How do your sons get along,” Ben asked.
“Pretty well, I think, I have not asked recently,” Fred answered.
This told Ben a great deal. Like many rich men, always absorbed with their businesses, Fred did not know his sons well.
“I think this deserves a family conference. Are Al and Fred Jr. going to be here for Christmas?” Ben asked.
“Matter of fact, they are due in Friday night with their wives and kids, we will hunt Saturday and Sunday and celebrate Christmas Monday and Tuesday,” Fred said.
“How about bringing them in with you to see me Monday morning?” Ben asked. (Tuesday was Christmas day.)
“I’ll do that. Ten o’clock?”
“Fine,” Ben said.
* * * * *
That afternoon, Sam came over to Ben’s office at 4:30 for a wee dram of The Macallan. Ben, after making him a consultant on the matter, as his engagement letter with Fred Eanes permitted, told him of Fred’s tentative decision to disinherit Billy.
“Very interesting,” Sam said. “I am going to tell you something I think you need to know that I know in confidence from Fred’s dead wife, my patient. I think she would want you to know so I’m inferring I have her permission. Don’t make a note of it.” With that introduction, Sam said, “Al is not Fred’s biological child.”
It took a minute for that to sink in with Ben. When it did, Ben said, “Very interesting.”
* * * * *
Christmas Eve arrived and Ben went to the office alone. Joanne had the day off. After making a pot of coffee Ben unlocked the office front door. Fred and his sons Al and Fred Jr. were waiting outside, clad in bird hunting clothes.
Ben ushered them into the library-conference room and after pouring themselves coffee, Fred opened. “Boys, I have decided to cut Billy out of my will because of what you know, but Ben here thought we should talk about it first. As you know I have bailed Billy out several times but he just does not learn.”
Ben could tell from the expressions around the table that Fred had talked with Al and Fred Jr. in advance, and that Fred Jr. agreed with his father and Al was troubled by it. Ben remembered Sam’s intelligence that Al was not Fred’s biological child. Who was his father, Ben wondered, but would never know.
“What do you think, Mr. Ben?” Al asked.
“It’s not my place to tell clients to whom to leave their wealth, but I can tell you what the result of disinheriting Billy will likely be.”
“And what is that?” Fred asked.
“Resentment, gossip, and bitter estrangement of Fred Jr. and Al and their wives and children from Billy and his children and ex wives for sure,” Ben said. Fred looked shocked, Fred Jr. unmoved, but Al smiled. Al had been a lawyer before turning to business.
“Dad, here is what I think, “Al said. “You have been very generous with all three of us and our children. Freddie and I have been fortunate in our business dealings and our choice of mates. Billy has not, be it his own fault or due to forces beyond his control, or both. I would much rather see you treat us the same with what ever you choose to leave us, but put Billy’s part in trust for him with Freddie and me as trustees for him. We should be our brother’s keepers, at least until we see if he can overcome his addiction. I’d rather see that than to inherit more myself.”
Ben felt a surge of affection for Al. Whoever his father was likely had a good heart, Ben surmised.
“I can live with that”, Fred Jr. said, without enthusiasm.
“Why don’t you let the holidays pass, come see me the first week of January, Fred?” Ben said.
With that the Eanes men rose to leave, Fred Sr. obviously confused by what he had heard from Al and Ben.
At noon Ben met Sam at Millie’s Diner for lunch. Each carried envelopes of cash, Christmas presents for Millie’s staff members which they handed out in exchange for hugs. They ordered fried catfish, a tradition. Ben told Sam what had happened in the meeting earlier while they waited for their catfish.
Sam smiled. “I always liked Fred’s wife better than Fred,” Sam said. He said nothing about Al’s father, nor did he acknowledge to Ben that he knew his identity, but Ben suspected he did. Ben went back to his office after lunch and emailed to Fred Eanes the link to the Wikipedia article on the Parable of the Prodigal Son.