Santa Fe Edge

50

Ralph Waters called Barbara back half an hour later. “I’ve spoken to the executor, and he’s released the airplane for the roundtrip. I’ve spoken to the FBO, and they can have the airplane in Santa Fe by five o’clock, at Santa Fe Jetcenter. You’ll be home by dinnertime.”

“Wonderful!” Barbara said. “See you tomorrow morning!” She packed everything and called the live-in maid at the San Francisco apartment and warned her of her arrival. She then announced her departure to the Holroyds, who were sorry she was leaving and invited her back anytime. She was at the airport by four thirty and watched the beautiful airplane land and taxi in.

The captain came into the FBO, introduced himself and directed the loading of her luggage. There was no need to refuel, so he escorted her aboard the airplane immediately.

Barbara stood in the aisle and looked around her at the gleaming leather and walnut interior. “It’s wonderful,” she said to the stewardess. “What kind is it?”

“It’s a Gulfstream Four,” the young woman replied. “Haven’t you flown on it before?”

“No. Walter had a CitationJet when we were married, and he bought this airplane immediately after that. He died before we could fly in it together.”

The stewardess helped her choose a seat and brought her a drink and a snack while they were taxiing to the runway. As the big airplane roared down the runway Barbara smiled and thought to herself that this was the only way to travel.

They landed at San Jose two hours later, after bucking a head-wind, and the FBO had arranged a car to meet her. An hour later she walked into the San Francisco apartment and found it exactly as she had left it. She ordered dinner and began going through her wardrobe to select the perfect courtroom outfit.

THE JUDGE CALLED the court to order and asked Ralph Waters to present his case.

“I call Mrs. Walter Keeler,” Waters said, and Barbara took the stand and was sworn. She was wearing a black Chanel suit and appropriate jewelry.

“Mrs. Keeler, how long did you and Mr. Keeler know each other before you were married?”

“Only a few weeks,” Barbara replied. “We fell in love almost on sight.”

“Do you remember the day Mr. Keeler died?”

“Very well.”

“Can you tell us what occurred that day before his death?”

“We had breakfast together on the terrace. Walter said that he wanted to go down to Palo Alto to close up his old apartment, and that he wanted to see Joe Wilen and make a new will.”

“Did he tell you what would be in the will?”

“Yes. He told me he had a few bequests to make, including one of a hundred million dollars to his foundation, and that the rest would come to me. In fact, he had made notes to that effect, and he showed them to me.”

“And after Mr. Keeler’s death, when did you hear from Mr. Wilen?”

“He called me that afternoon to tell me about the accident, but I had already heard about it on television. He said he needed to see me and made an appointment for the next day.”

“And what did he have to say to you at that time?”

“He told me that my inheritance was use of the apartment and a monthly allowance for life, nothing else. He also told me that Walter had put a clause in the will saying that anyone who contested it would have their inheritance reduced to one dollar, and he advised me not to contest it. I told him what Walter had said to me the previous morning, but he said that was not what was in Walter’s mind. He gave me a copy of the will and showed me the relevant pages.”

“Thank you, Mrs. Keeler,” Waters said. “That concludes my questioning. Your Honor, do you have any questions for my witness?”

“No,” the judge said.

Waters called the secretary, Margie, to the stand and asked her to give her version of events on the day Walter Keeler had died.

“Mr. Keeler had come into the office that day to sign the will that Mr. Wilen had prepared from his telephone instructions,” she said. “He also instructed Mr. Wilen to disperse funds to pay for an airplane he had bought.”

“Did Mr. Keeler read the will?” Waters asked.

“Yes, and very carefully. He took his time, then he signed it and Ms. Hight, another office worker, and I witnessed it, and I notarized his signature.”

“What did you do with the will at that point?” Waters asked.

“I made two copies for Mr. Keeler and his wife, and I put the original in our safe, at his request.”

“Can you give us a brief summary of Mr. Keeler’s bequests in the will?”

“He left bequests for his alma mater and several friends, and a bequest to his personal charitable foundation. The remainder of the estate he left to his wife, Eleanor Keeler.”

“How much was the total of the bequests left to others?” Waters asked.

“Approximately four hundred million dollars,” Margie replied.

“And how much was the residue left to Mrs. Keeler?”

“Approximately one billion two hundred million dollars in liquid assets,” she said, “plus the San Francisco apartment; the Palo Alto apartment, which he planned to sell; the new airplane he had just bought; and several pieces of commercial real estate, including a hangar with an apartment in it at San Jose Airport.”

“What was Mr. Keeler’s mood during his visit to your law firm?”

“He was quite cheerful and happy. He had just been married, and he was very happy about that.”

“What time did Mr. Keeler leave the firm?”

“Around three in the afternoon,” she replied. “He wanted to beat the rush-hour traffic back to San Francisco, and he took the two copies of the will with him.”

“And do you remember what happened after that?”

“Yes, vividly. Half an hour after he left the office, someone had a local TV station on our office set, and they reported that a car driven by Walter Keeler had collided with a gasoline tanker truck on the interstate, and that he had been killed and his car destroyed by the flames.”

“What happened then?”

“Joe Wilen called Ms. Hight and me into his office and read us a letter from Mrs. Keeler’s ex-husband, which said some bad things about her. I didn’t think much of it, since people who’ve been divorced often say terrible things about each other, but Mr. Wilen took it very seriously. He told us he had shown the letter to Mr. Keeler and urged him not to leave so much to Mrs. Keeler, but that he had refused to even read it and said the will reflected his desires, something he also said when the witnesses were sworn.”

“What happened next?”

“Mr. Wilen told Ms. Hight and me that he despised Mrs. Keeler and was determined to see that she did not get the bulk of Mr. Keeler’s estate. He told us about his plan for doing her in and asked if the two of us would cooperate with him. He warned us that what he was doing was unethical, and that if it was ever found out, all of us might go to prison.”

“What was the reaction of Ms. Hight and yourself?”

“Ms. Hight agreed immediately, as she shared Mr. Wilen’s opinion of Mrs. Keeler, but I was reluctant because although I had met her only once, I thought Mrs. Keeler was a very nice lady.”

“But you agreed to join them in this?”

“I felt under a great deal of pressure,” Margie said. “I had worked for Mr. Wilen for more than twenty years, and he had been very kind to me, so, to my regret, I went along.”

“Tell us how the will was changed, please.”

“It was very simple: Mr. Wilen removed the two pages of the will that dealt with bequests and dictated changes to me which reduced Mrs. Keeler’s inheritance to the use of, but not the ownership of, the San Francisco apartment, and an allowance of fifty thousand dollars a month, both for life. I typed up the new pages and Mr. Wilen forged Mr. Keeler’s initials on them with the same pen he had used to sign the will, and he instructed me to destroy the original pages.”

“Did you do so?”

“I did not. I could foresee a time when I might have to reveal what Mr. Wilen had done.”

“And did you do so?”

“Yes. Mr. Wilen was murdered a couple of weeks later, and a few weeks later Ms. Hight was diagnosed with advanced breast cancer. She died a couple of months later. Since they were both gone, I felt I should reveal what had been done to the will, so I wrote to the Ethics Committee of the California Bar Association and told them what had been done to the will.”

Waters picked up four pieces of paper from his table and handed them to Margie. “What are these papers?” he asked.

Margie held up two pages. “These are the original pages from the will, as Mr. Keeler had instructed them to be drawn.” She held up two pages with her other hand. “These are the two pages that Mr. Wilen dictated to me, eliminating nearly all of Mrs. Keeler’s inheritance.”

The judge spoke up. “Hand them to me,” he said. He read all four pages carefully. “I understand that the chairman of Mr. Keeler’s foundation is here with her attorney.”

A lawyer stood up. “I represent the foundation, judge.”

“Have you read these four pages?” the judge asked.

“Yes, Judge, both the chairman and I have read them.”

“Do you have an opinion as to the veracity of this witness’s testimony?”

“Judge, we believe her testimony is accurate, and although accepting it reduces drastically the amount due to the foundation, we feel we must accept it.”

“Is there any other person in the courtroom who has any objections to raise or wishes to contradict this lady’s testimony?”

There was silence in the courtroom.

“In that case I rule in favor of Mrs. Keeler and order that the original pages be restored to the will, and that it receive expedited probate. Mr. Waters, do you have any requests?”

“Yes, Your Honor,” Waters said. “We request that the executor immediately transfer the sum of one hundred million dollars, or securities in that value, and that she be given the free use of Mr. Keeler’s airplane and its hangar, and that bills for the support and fuel of the airplane be paid by the executor until the will is probated and all the funds dispersed.” Waters held up a document. “I have prepared an order to that effect.”

“So ruled,” the judge said. “Give me the order.” He signed two copies and gave one to the executor and one to Waters. “This court is adjourned.”

BARBARA HAD TO SIT DOWN, and she had to work very hard not to pee in her pants.

Waters sat down beside her and handed her the court order. “Are you all right?” he asked.

“I’m very well, thank you. I just need a moment.”

“Take your time.”

The executor walked over and introduced himself. “Mrs. Keeler, if you will give me a voided check on your bank account, I will transfer the funds in cash immediately.”

Barbara ripped out a check, wrote “VOID” across it and handed it to the man.

“And as soon as I get back to the office I’ll fax a letter to the FBO ordering that you control the airplane and that bills are to come to me, until the estate is settled.”

“Thank you so much,” Barbara said, giving him a winning smile.