The two daughters of one of Ben’s favorite clients had called for an appointment to see him together as soon as possible. Joanne had set it for two days later because she knew Ben and Sam had a bream fishing outing scheduled tomorrow. Ben was grateful for that for two reasons: first, because it had been hard to get an open time on the pond, and second because the daughters were oil and vinegar, and when they wanted to see him it was usually about a disagreement over the care of their mother, one of Ben’s dearest friends and oldest clients, or about the management of the family’s assets, for which Ben had Trust Protector status. Ben was hopeful the two days had been enough time for the sisters to think their disagreement through and settle it themselves. That proved to be wishful thinking.
Betty, the elder, was the kind sister, Sally, the younger, was the jealous and covetous one. Of course Ben had to try to show no partiality between them. Their mother, Laura Eanes, Ben’s client and a contemporary of his, suffered from Alzheimer’s disease. As she had prescribed while competent, she was being cared for in her home on Bent Pine Plantation. Her husband, Alfred Eanes, had died of a heart attack ten years earlier.
Among Ben’s responsibilities was seeing to it that Laura had competent caregivers. He suspected the daughters’ appointment was to register complaints about Laura’s care or about some aspect of the management of the family fortune which was always Sally’s main concern.
It turned out both concerns were involved.
Betty and Sally, both residents of New York City where their husbands practiced law and investment banking, respectively, wanted to report that their mother’s diamond ring was missing. It was a large and valuable one, bought by their father for their mother on their fiftieth wedding anniversary. They had married poor without an engagement ring until the missing diamond was bought by Alfred.
Sally insisted that Ben have the caregivers take lie detector tests. She was convinced one or more of them had stolen the ring. Betty, who monitored closely her mother’s care, talked by phone with her caregivers several times a week and visited her mother at least monthly and usually more often, opposed this. “Mother’s caregivers are devoted to her, give her excellent loving care. Subjecting them to the the indignity of lie detector tests would destroy their morale. It would be viewed as accusing them of stealing the ring. We could lose them, and they are irreplaceable.”
Ben agreed with Betty. He questioned the sisters about the ring’s last sighting. Until recently their mother had worn it constantly, refusing to take it off or allow its removal by the caregivers Then one day it disappeared. As soon as the disappearance was noticed the daughters had been notified by the caregivers and a careful search conducted. The disappearance was a mystery without a solution, except to Sally who insisted caregiver theft was the only possible answer. Ben refused to have the caregivers subjected to lie detector tests. Sally continued to bring up the subject through the remaining two years of Laura’s life.
Then Laura died. Ben, Joanne and Sam, who was Laura’s physician, attended the graveside service at the burial ground on Bent Pine Plantation beneath the cradling limbs of ancient live oaks. All attending were invited to the Big House after the service for drinks and lunch. Among those attending were Laura’s caregivers who had been thanked during the eulogy. Ben and Sam made a point of seeking out the caregivers and thanking each of them. So did Betty. Sally instead cornered Ben and insisted he have law enforcement question the caregivers about the missing ring.
“Wait until your mother’s personal effects are listed and appraised. The ring may show up in the process. And there is no basis to accuse any of your mother’s caregivers of anything,” Ben said.
When Ben the following week arranged the appraisal for estate tax purposes of Laura’s tangible personal property, he instructed the appraiser, “Christine, be on the lookout for a large diamond ring hidden in something. Mrs. Eanes had dementia and I think she thought she was putting her engagement ring, which she got for her fiftieth wedding anniversary, away for a grandchild. You know the sort of places to look.”
Indeed Christine did. It was common for people slipping into dementia to hide things, meaning to put them in a safe place, and forget the place.
A week later Christine called Ben. “We found it. She had cut out a square in her Joy of Cooking cookbook, put the ring in it with a signed note saying the cookbook and ring were for her granddaughter April.”
Ben smiled. April was Betty’s daughter. Sally had already stated that her mother had wanted her to have the ring. The note Christine found would mean it would go to Betty’s daughter. Laura’s will said any signed note she left about who should have her tangibles on her death should be honored.
Ben had Joanne call the daughters to tell them of the ring’s discovery. He was afraid that if he did it Sally would detect the glee in his voice. Ben also had Joanne tell the daughters of instructions concerning generous severance pay for her caregivers that Laura left in Ben’s possession, dated when Laura was competent. Sally, as Ben predicted, wanted to contend her mother was not then competent. To counter this Ben had suggested Laura make gifts to Sally and her children on the same day she gave written instructions, by way of a trust amendment, about the severance.
Ben was sure Sally detected the glee in his voice when he reminded her of this. But Sally’s objections to the severance was dwarfed by her displeasure with her mother’s gifts to charities and education, many designed to better the lives of the disadvantaged in South Georgia and North West Florida. Sally learned of this when Ben mailed each daughter copies of their mother’s will and trust, which he did with glee. He and Sam had a bet on how soon Sally would call to complain of the charitable gifts and suggest they were the result of Ben’s undue influence.
Ben was prepared for this accusation. He invited Sally and Betty to his office ostensibly to discuss it. When they arrived they found Sam manning a projector in the library-conference room. Soon he was playing video of a conference between Laura, Sam and Ben in which Laura lucidly laid out her plans for charity and education and her reasons for them. It was dated well before the start of Lura’s decline, the date verified by inclusion in the video of the first page of the day’s Wall Street Journal.
Sally threatened to bring litigation to challenge the provisions for charity but decided against it when her counsel explained a provision buried in the administrative part of Laura’s trust calling for the forfeiture of gifts to anyone contesting her will or trust, the forfeited amounts earmarked for charity.
Sally never again spoke to Ben or Sam, which gave them great pleasure.