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Unlawful Possession

Chapter 57

The Trust

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Chapter Fifty-Seven: The Trust

Dess

"I would like it noted," said Constance Wexcombe, "that I have never in my life read a document that I intended to sign without first reading it twice."

"Noted," said Lorraine Beaudry.

"And that I have read this one four times."

"Noted."

"And that on page eleven, paragraph six, there is a comma which in my opinion has no business being there."

"Mrs. Wexcombe, I wrote that comma."

"Then I'm sorry for you." Constance laid the pen down very precisely on the leather blotter. "It is a splice. It joins two independent clauses with no conjunction, and it will be a matter of regret to our grandson when he is old enough to notice."

"Our grandson," said Dess, "is seven weeks and one day old. He's currently noticing his foot."

"He will outgrow the foot."

"I wouldn't bet on it."

The library at Halcyon, on the afternoon of Wednesday the twenty-eighth of July, was a long dim paneled room that smelled of lemon oil, cold ashes and a hundred and forty years of tobacco. Dess had been in it once before, in December, on a gray afternoon when it had felt like the inside of a safe. She had sat at the end of this table, on a hard chair, across from a man in a charcoal suit with a gray tie, while a sheaf of paper slid toward her over the mahogany, and she had thought: this is where they get you.

It looked different today.

It looked, she thought, like a room in which someone had just opened a window. The long curtains were drawn back. The late sun came in over the lawn in broad gold slabs, and lay on the Turkey carpet and the leather spines and the great dim portrait over the mantel, of a bearded Wexcombe in oilskins who had sailed to Canton in 1853 and returned with a fever and a very good opinion of himself. There were hydrangeas in a blue jar on the table. A tray of tea things stood by the window, on which someone had arranged, with obvious love, a plate of the small round shortbreads that Constance did not eat. And in the carrier on the chair at Dess's left, in a hat with a crooked stitch, Calder Wexcombe Rourke was asleep with his mouth open, dreaming of nothing.

"Now," said Beaudry. "Let me recap."

She sat at the head of the table in her black suit and the crab brooch, with her reading glasses pushed up into her iron hair, and she had brought, as she brought everywhere, a single battered leather briefcase and a fresh yellow pad. She was a woman who had spent forty years in rooms with powerful families and had learned that the way to be listened to was to say, at intervals, the same thing in plainer words.

"The Calder W. Rourke Voting Trust. Irrevocable. Governed by the law of Rhode Island. Its sole asset is the right to vote the twenty-eight percent of the common stock of Wexcombe Marine, Incorporated that was devised to the child under Article Four of the will of Gerard Wexcombe, together with any shares later acquired in substitution. The trustees are two. The trustees act jointly. In the event of a disagreement they shall consult, in this order, a mediator, the employee trust, and the child's pediatrician."

"The pediatrician," said Constance.

"It was your daughter-in-law's idea."

"It was a joke," said Dess.

"It's in the document."

"Beaudry."

"It was a good joke. I don't waste those." Beaudry turned a page. "On the child's twenty-fifth birthday the voting power passes to him outright, absolutely and without condition, and the trust terminates. Between now and then the trustees shall vote the shares in the interest of the company's long-term health, the welfare of its employees, and the beneficiary's interest, in that order, and shall render to the beneficiary at eighteen a full accounting."

"A full accounting," said Constance.

"A full accounting," said Dess, with great feeling. "I'm going to keep a ledger."

"I assumed."

"A blue one."

"I assumed it would be blue."

There was a small silence. At the foot of the table, in the chair beside the window, a long lean figure in a gray suit stirred.

…

He had not said a word in forty minutes.

He sat with his hands folded on the table and his left hand, as usual, lying a little apart from his right, with the tremor, small and steady, running through the long fingers like a current in a wire. He had a legal pad. He had made no notes. He had come to Halcyon that morning on the 6:10 ferry with a face like a man going to his own wedding in the middle of a war, and he had greeted his mother at the door with a kiss on the cheek and a murmured "Good morning, Mother," and then retreated to the far end of the room, where he had sat, for the better part of an hour, in the posture of a monk on a very hard bench.

Dess had been aware of him the entire time.

She had been aware of him, she thought, as one is aware of a stove. Not looking, but knowing exactly where the heat was. She had felt his eyes when the baby stirred. She had felt his attention gather, like a held breath, whenever Beaudry said trustee. She had seen his hand move once, a hairsbreadth, toward the carrier on the chair, and stop.

"Theron," she said.

"Yes."

"Do you have anything to say?"

"I do not."

"You've been quiet."

"I have been given to understand that I have no standing." The corner of his mouth lifted. "I am a spectator at this proceeding. I am here to observe. I have been told by counsel that I may speak in only one capacity, which is that of a witness to a signature."

"That's Joelle's job."

"Joelle has been called to a delivery."

"Someone's having a baby on a Wednesday afternoon in July? What a thing."

"I believe it is considered quite usual."

She almost laughed.

She felt it, the small bright bubble at the base of her ribs, and was surprised. She had not laughed, not properly, since the sixth of July. She had smiled; she had chuckled; she had made the sounds that a person makes when a person has decided to be pleasant. But the great shaking helpless whoop, the kind that doubles a woman over and makes her eyes run, had been missing for three weeks, as though it were something she had put down in another room and could not find.

Not yet, she thought. Wait for it.

"Mrs. Wexcombe," said Beaudry. "The trustees' signatures."

Constance picked up the pen.

…

She signed with great slowness.

She was eighty-one years old, and her hand was a spotted blue-veined thing, thin as a bird's claw, and the pen, a black Waterman of enormous age, weighed more than it should. She bent over the page. The lamp lit the white of her hair. She wrote Constance Ellery Wexcombe, in a tall angular copperplate that had been taught to her at a convent school in 1951, and when she had finished the e, she paused, and looked at the name, and said quietly:

"I have signed that name on three hundred and nine thousand occasions. I assure you I have never been so frightened."

"Of what?" said Dess.

"Of being useful."

She held out the pen.

Dess took it.

It was a warm, heavy, old-fashioned pen, with a cap that screwed on, and a nib that had worn itself, over seventy years, to the exact slant of a left-handed woman who had learned, as a child, that the nuns would rap her knuckles for it. She looked at the signature line. She looked at her own name, typed beneath: ODESSA MARIE ROURKE, TRUSTEE.

She thought, absurdly, of a blue notebook.

She thought of a girl of nineteen in a cramped bedroom in Fall River, writing Dess gave: nothing. Dess received: 1 bus pass, 1 sandwich, on the first page, in a childish round hand, with a mechanical pencil. She thought of the sentence that had gone with it. Never be the one who owes.

And she thought of the man at the end of the table, with his hands in his lap, who owed her nothing, and who had asked her for nothing, and who sat now with his gray eyes on the middle distance in the posture of someone listening very hard to a clock.

I'm going to sign this, she thought. And it means I will be, for twenty-five years, the person who holds a piece of him.

That's all right.

It's what we do. We hold pieces of each other.

She wrote it. Odessa M. Rourke. It looked like a stranger's name. It looked, for a moment, like the name of a woman who might do something large. She put down the pen.

"Witnessed," said Beaudry. She slid the page across. "Mr. Wexcombe?"

Theron rose.

…

He crossed the room like a man crossing a bridge. He took the pen. He stood at the end of the table, between his mother and the woman he loved, and bent over the final page. It was not a signature page for a trustee. It was a different one, a short one, headed ACKNOWLEDGMENT AND RELEASE OF THERON A. WEXCOMBE. It had two paragraphs. The first recited that he had resigned, on the twenty-ninth of April, as co-trustee under the will. The second said that he understood he would have, under the Calder W. Rourke Voting Trust, no power, no vote, no veto, no right to be consulted, and no authority of any kind over the shares or their use.

He read it.

He read it twice, slowly, with his lips moving slightly, in the way he did when he wished to be certain of every comma. Then he lifted his head.

"I should like to ask a question."

"Of course," said Beaudry.

"Is it permissible for the trustees to invite me to advise?"

"They may consult anyone they like."

"May they decline to?"

"At will."

"May they do so without giving a reason?"

"They may do so," said Beaudry, "in any language of their choosing, at any hour of the day or night."

"Then I accept." He signed. Theron A. Wexcombe. The pen traveled, slow and exact, and his hand, Dess saw, did not shake. It stopped as it always stopped when he was set to a purpose, like a compass settling. He signed his name, and laid the pen down, and stood looking at the page with an expression of such profound and peaceful dismay that she could not bear it.

"Theron."

"Yes."

"How does it feel?"

"Very strange." He straightened. "I have held that company, in one capacity or another, since I was twenty-six. I have held it so long that I had begun to feel its weight as a species of posture. And now I am standing here with my arms hanging." He turned his open hands up, and looked at them. "I shall hold nothing."

"Nothing?"

"No share. No vote. No seat. No key. Nothing at all." He gave a short astonished laugh. "It is remarkably light. I think I may float."

"Don't float," said Constance. "It's undignified."

"No, Mother."

"And you may hold a great many things," said Constance, "that have nothing to do with the stock."

"Such as?"

"A teacup. A door. A child, if the mother permits." Her blue eyes were fixed on his face, very steady. "I should rather not have you altogether empty-handed. It makes me nervous."

He looked at his mother.

He looked at her for what felt to Dess like a long time, in the warm gold dusty light, with the hydrangeas nodding in their jar and the great bearded portrait looking down; and she saw something pass between them, wordless and quick, like the passage of a hand across a face. I am sorry, said the look. I know. It's all right. It was a long time ago.

"Thank you, Mother," he said.

"Don't be silly. Sit down."

…

It was Dess who raised the question of the vote.

She had not meant to. They had risen; Beaudry was packing her briefcase; Constance had rung for the housekeeper to bring the tea, which was a clear sign, in that house, that the formal portion of the afternoon had concluded and that the Wexcombes were at liberty to behave like human beings. The baby had stirred. The sun had fallen lower, and the lawn outside had turned the color of tea. And Dess, standing by the window with the pen still in her hand, had a sudden clear intolerable thought.

"Can I ask something?"

"Of course," said Beaudry.

"We're trustees now."

"Yes."

"Which means we have a vote. Twenty-eight percent." She turned. "What happens at the next board meeting? Do we just... show up? Do we say yes to everything? Do we say no? I'm sorry, I know it's late, but I realized I have no idea what to do with it."

There was a pause.

"It's an excellent question," said Beaudry. "It's the question I ask all new trustees. Usually they say, 'I will do as the management recommends.' Or else, 'I will do whatever my lawyer advises.'"

"I don't want to do either."

"No. I didn't think you would."

"What I want," said Dess slowly, "is a rule." She put down the pen. "A thing I can say out loud, so I'm not deciding it fresh every time, in a bad mood, at four in the morning. Like a... like a house rule."

"Go on."

"I want the vote to follow the employees on anything that touches jobs. If the yard says no layoffs, we say no. If they say sell, we sell. If they say don't, we don't." She was surprised by her own voice. It was low and clear and had no tremor in it. "Because that's what the stock's for. It's not for us. It's not for Cal. It's a thing we hold so that a thousand people can go on building boats."

Constance had put down her cup.

"The employee trust holds twenty-six percent," said Beaudry. "With your twenty-eight, that is a majority."

"I know."

"You'd be handing control of the company to its workforce."

"I'd be handing control back." Dess drew a breath. "I know it's not how it's done. I know your husband's family has held it for a hundred and forty years. But Mr. Hawkes stood in that courtroom with his cap in his fist. Richie Torres writes his nines with a loop. Those men know what a boat is. They know when it's wrong." She hesitated. "I think they should get to say."

Nobody spoke.

She became aware of the ticking of the long-case clock, and the drip of a gutter, and her own pulse. She thought: I've said something stupid. I'm an adjuster. I've never run anything. I read policies for a living. I don't know how to be a Wexcombe. And a voice, very small and distant and Gary-shaped, said in the back of her skull: Who the hell do you think you are?

"Miss Rourke," said Constance.

"Yes?"

"I should like to say something."

"Okay."

"I have sat on that board for eleven years," said Constance. "I have been the only woman at the table for ten of them. I have been called dear by three chairmen and darling by one. I have never once been asked what I wanted the company for." She was looking at her teacup. "Gerard asked what it was worth. Hale asked what it could do. Not one man in a hundred and forty years asked what it was for. And you stood at that window with a baby on the chair behind you, and said it in one sentence."

"I wasn't trying to—"

"I know. That's why it's true." She lifted her eyes. They were quite wet. "I second it."

"You second it."

"I second the rule. Mr. Beaudry—"

"Ms. Beaudry."

"Ms. Beaudry. Please draft an amendment to the trust. To read: The trustees shall, in all matters touching the employment of the company's workforce, vote the shares in accordance with the recommendation of the employee trust. And if Mr. Kessler's friends at Barrow and Voss ever sees fit to challenge it, I shall be delighted to testify."

"Constance..."

"It is my first official act, Odessa." She held out her hand across the table, small and blue-veined and quite steady. "I should like to make it a good one."

Dess took it.

…

It was Theron who said it.

It was nearly six. The tea had been poured and drunk and was cooling in the cups. Beaudry had gone, with a handshake and a look that might, in a woman less severe, have been described as affection. Constance had retired to her own sitting room "to lie down for exactly eleven minutes," a ritual no one dared interrupt. And Dess stood in the library door with the sleeping carrier on her chest, looking out over the long green lawn to the sea, where a lone catboat tacked slowly through a path of molten brass.

"I shall not hold anything," said Theron behind her.

"I know."

"It is a rather unusual position for a Wexcombe."

"I'm sure."

"I want you to understand how thoroughly I mean it." His voice was low and level. "I should like you to be able to look at me in twenty-five years, across any table, and say, He never once reached. And I should like it to be true."

"It'll be true."

"I wish I could be certain."

"You can't be certain." She turned. "That's what trust means. You don't get to be certain. That's the point."

He smiled, faintly.

"You have a way of making my worst fears sound like a feature."

"It's a feature."

"I shall try to remember that." He came a little nearer. He stood with his hands behind his back, in the dusk, with the last of the light on the side of his face, and she saw that his eyes were bright and that he was holding himself very still. "Dess. I should like to say something and I do not know how."

"Say it badly."

"I shall hold nothing," said Theron. "I shall have no vote. I shall have no power. When this child grows up and looks for the thing that his father controlled, there will be nothing to find. There will be only a man who, on certain days, stood in a doorway."

"Theron—"

"But I should like to ask whether I might hold his hand."

The room went quiet.

"I mean it quite literally," he said. "When he crosses the road. When he is frightened. When he is three, and the world is large, and he wishes to be somewhere safe. I should like to be the sort of man who is permitted to hold that." He took a breath. "I will not hold the company. I will not hold the stock. I will hold nothing, Dess. Except the hand."

She stared at him.

And something happened inside her that had been waiting for three weeks.

It began as a pressure under the breastbone, a little hot, a little absurd. It rose through her chest, up the throat, across the back of the tongue. She tried to swallow it. She put her hand to her mouth. She looked at his earnest, ravaged, noble face, with its high forehead and its gray eyes and the little pulse beating in his temple; at the hands, those long capable ruinous hands, held rigid behind his back like a schoolboy's. And she thought of a man who had bought a building, and a chicken, and a fleet, and the vote of a sovereign company, and had now, in the full majesty of his surrender, reduced all of it to a request to be allowed to hold a hand.

"Oh my God," said Dess.

"What?"

"You—" She bent double. "You gave up a shipyard. You gave up a hundred-and-forty-year-old... dynasty... and you're asking if you can have a hand."

"I did not intend it to be comic."

"No, I know—"

"It is the only thing I want."

"I know, that's what's so—" She was laughing. It had arrived. It came up through her like a geyser, enormous and helpless, a great ragged honking whoop that shook the carrier and rang off the high ceiling. She leaned against the door-frame and wept with it. "Theron. Theron. You're so bad at this."

"At what?"

"At giving things up! You can't even do that like a normal person! You do it like... like you're being awarded something!"

"I find it extremely moving."

"I know you do!" She wiped her eyes. "It's terrible! It's the best thing I've ever seen!"

"Dess," said Theron, with dignity, "you are laughing at a man in the middle of a declaration."

"I know."

"It is deeply rude."

"I know! I know! I'm sorry!" She could not stop. She laughed until her ribs hurt and her mascara ran and the baby woke, indignant, in the carrier, and stared up at his mother with a round shocked face, and began, at the sight of her, to laugh too, in a thin delighted wheeze like a rusty gate. And then Theron, who had been standing as straight as a mast, with his jaw set and his ears pink, cracked.

It started at the corner of his mouth. A twitch. A tremor. He tried to suppress it. He looked at the ceiling. He looked at the portrait of the bearded Wexcombe. And the laughter came out of him in a low, appalled, rusty bark, as though it had been locked in a cellar for thirty years, and he put his hand over his face and shook.

"I beg your pardon," he said, into his palm. "I am quite sorry. It is rather absurd."

"It's so absurd."

"I have abdicated a throne."

"For a hand!"

"It is a very good hand."

"It's a tiny hand!"

"It is an excellent hand, and I intend to hold it," said Theron, wiping his eyes, "for as long as it will permit me."

They stood there, laughing, in the doorway of the library of Halcyon, in the long gold dust of six o'clock, with a baby between them who had no idea what was funny but was delighted to be included. And somewhere above them, in the upstairs sitting room, an old woman who had lain down for exactly eleven minutes lay with her hands folded on her breast and her eyes on the ceiling, listening to the sound of her son laughing, and did not move for a long time.

…

She gave him the hand on the ferry.

It was not a gesture; it was merely an arrangement. The 7:10 was crowded with commuters and tourists in sunburn, and the only free seat was a bench at the stern, and the baby had to be held, and Dess's arm was tired. She said, "Here," and handed Cal over without a word. Theron took him. He settled him in the crook of his elbow, against his chest, and the baby, who had been fussing, subsided.

And then, without looking, without a word, Cal's small fist found Theron's finger, and closed.

Dess watched.

She watched her son's hand around the man's finger, and the man's face, bent over it in the evening light, with the wind in his hair and the sea going gold and violet behind him. His left hand, the one that shook, lay still. It was perfectly steady. It lay under the warm weight of the child as quiet as a stone in a stream.

"Look," she said softly.

"I know."

"It stopped."

"It always does."

"I'm not going to say anything clever."

"Thank you."

"I'm just going to say—" She drew breath. "That's a thing you get to keep. It's not on the paper. But it's yours."

He did not answer.

He sat with the baby in his arms and his head bent, and she saw a single drop fall onto the blue blanket and spread. He did not wipe it. He sat there and let it fall, quite silent, for the whole length of the bay, while the ferry drove its long white wake across the evening, and the lights came on one by one along the shore of Aquidneck, and a gull wheeled, crying, over the stern.

From the blue ledger, Wednesday the 28th of July:

Dess gave: 1 signature. 1 rule. 1 laugh (the real one, finally).

Dess received: 1 mother-in-law (not legally, don't argue). 1 man with empty hands.

Net: he held nothing. He holds the hand.

That's the whole trust, really.

How did this moment feel?

Choose any reactions that fit.

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