Chapter 7 - The Deposition of Arthur Vance

The oak chair with the friction tape held Arthur Vance at nine o’clock on Tuesday morning.
He had lost weight. Not the clean, athletic weight that men of his class lost when they went to Florida to play golf, but the grey, loose weight that comes from three weeks of staring at the ceiling while the furnace runs in the basement. His collar, which had always fit snugly against his neck, stood away from his throat by half an inch, revealing two loose folds of skin that twitched whenever he swallowed.
Across the green linoleum sat Rebecca Shaw. Beside her sat an assistant attorney general named Martin Kowalski—a man of forty with short, bristly hair, steel-rimmed spectacles, and a blue government briefcase that looked as though it had been dropped down several flights of stone stairs.
I sat at the end of the table, nearest the window.
Arthur did not look at me when he came into the room. He had entered behind Frank Vance—his second cousin once removed, whose legal practice consisted mostly of writing title opinions for rural subdivisions and defending high school seniors who got caught with beer in the gravel pits behind the school.
Frank looked miserable. He had three thick manila folders tucked under his arm, and his tie had a dark spot near the knot that looked like salad oil.
“We are on the record,” Rebecca said. The small digital recorder between them had two red lights that blinked in unison like the eyes of an insect. “In the matter of the Estate of Thomas Vance, Deceased. Eleventh Judicial Circuit, Probate Division. Today is January seventh. Present for the petitioner are Leah Catherine Vance and counsel. Present for the respondent are Arthur Vance and Frank Vance. Also present is Special Assistant Attorney General Kowalski.”
Frank leaned forward, clearing his throat with a sound like a wet shovel hitting clay.
“Before we begin, Rebecca—counsel—I want to enter an objection to the presence of the state’s representative. This is a civil accounting proceeding under Chapter 28 of the General Statutes. The state has no standing—”
“Overruled by operation of law under Section 108,” Kowalski said without looking up from his legal pad. He didn't even take his pen off the paper. “The state is here under an investigatory subpoena issued by the grand jury on Friday afternoon. Proceed, Ms. Shaw.”
Frank sank back into his chair, his collar wilting.
Arthur’s hands rested on the table. They were clean, the nails trimmed with that professional manicurist’s edge he had maintained for forty years, but the thumb of his right hand was rhythmically scraping against the side of his index finger, over and over, until the skin had turned a raw, angry pink.
“Mr. Vance,” Rebecca began, her voice level, polite, and completely devoid of warmth. “You were appointed executor of your father’s estate on October 12, 2018. Is that correct?”
“I was,” Arthur said. His voice was thin, but he held his chin up, looking at the wall six inches above Rebecca’s head.
“And you understood that as executor, you owed a fiduciary duty of absolute loyalty to the beneficiaries named in the will?”
“I understood my duties,” he said.
“Who were the beneficiaries named in Section 3 of Thomas Vance’s last will and testament?”
Arthur didn't answer for four seconds. The digital recorder’s red lights blinked: *one, two, three, four.*
“My daughters,” he said.
“Names, please, for the record.”
“Chelsea Vance-Miller. And Leah Vance.”
“Did the will distinguish between the two regarding their distributive shares?”
“No.”
“Did it contain any clause authorizing you, as executor, to withhold distributions from one daughter while paying distributions to the other?”
“The will gave me discretionary authority over the timing of timber sales,” Arthur said, his voice rising half an octave, regaining that old, familiar timber of boardroom authority. “The timber market in 2019 was severely depressed due to the trade dispute with China. As a banker with thirty years of commercial experience, I determined that liquidating the timber at that time would constitute a waste of estate assets.”
Rebecca didn't look at her notes. She picked up a single sheet of paper from the top of the blue folder.
“Mr. Vance, I’m handing you what has been marked as Petitioner’s Exhibit 4. Do you recognize this document?”
Frank reached for it, glanced at it, and handed it to Arthur with a small, sick twitch of his shoulder.
“It appears to be a deed of timber rights,” Arthur said.
“Is that your signature on the bottom?”
“It is.”
“What is the date on that deed, Mr. Vance?”
Arthur’s eyes moved down the page. “November 3, 2019.”
“And who was the purchaser of those timber rights?”
“The Piedmont Hardwood Corporation.”
“And what was the consideration paid by Piedmont Hardwood?”
Arthur’s fingers tightened on the edge of the paper until the corner creased with a sharp, dry *snap*.
“Two hundred and forty thousand dollars,” he said.
“Where did that two hundred and forty thousand dollars go, Mr. Vance?”
Arthur didn't answer.
“Mr. Vance,” Rebecca said, her voice dropping into a register that made the hair on the back of my neck prickle. “Did that money go into the estate checking account at First Commonwealth?”
“No,” Arthur whispered.
“Did it go to Leah Vance?”
“No.”
“Did it go to an account titled *Vance Special Holdings* at the Bank of South Carolina—an account that had been opened using Chelsea Vance-Miller’s home address?”
Frank Vance reached out a hand as if to stop him, but Arthur didn't look at his lawyer. He looked at me for the first time since he had entered the room.
His eyes were not the eyes of the man who had stood at the head of the Christmas table with the pitcher of lemon water. They were the eyes of a man who has walked into his own cellar and found that the foundation walls have turned to sand.
“Chelsea needed the capital,” he said.
The room went completely silent. Kowalski didn't write. Rebecca didn't turn a page. Even the fluorescent tubes seemed to drop their hum.
“Chelsea needed the capital?” Rebecca repeated.
“Her husband’s business had an issue with a supplier,” Arthur said, and now the words began to come with that terrifying, rhythmic momentum of a man who has decided that if he must drown, he will drown in his own logic. “Greg was facing an involuntary bankruptcy petition. If Greg went bankrupt, the house on Crestview would have been attached. Poppy would have had to leave her school. The family name would have been dragged through the district court by every contractor in three counties.”
“And Leah?” Rebecca asked, her voice like a wire drawn across ice. “Did Leah not have needs?”
Arthur’s jaw tightened. The tendon in his neck stood out like a dry vine.
“Leah was independent,” he said. The word was an accusation. He spat it across the linoleum like a broken tooth. “Leah chose her life. She chose to leave school. She chose to have that child without a husband. She chose to live on Fourth Street among people who don't even have bank accounts.”
“So you decided to punish her?” Kowalski asked, speaking for the first time.
Frank Vance jumped. “Objection! The state cannot question the witness during a civil discovery deposition!”
“I’m not questioning him as the state, Frank,” Kowalski said, taking off his steel-rimmed glasses and polishing them with the hem of his necktie. “I’m questioning him as an officer of the court who is trying to decide whether to recommend bail at fifty thousand dollars or five hundred thousand dollars when the indictment comes down on Friday.”
Frank’s face went the color of skim milk. He looked at Arthur, his mouth working silently, like a fish in a dry bucket.
Arthur looked at Kowalski, then at Rebecca, and finally, his gaze settled on me.
“You think you’ve won something, don't you?” he said. His voice was hoarse, scraped raw by forty-eight hours of terror, but the malice behind it was sixty years old. “You think because you found some papers in a drawer, you’re the head of this family now?”
“There is no family, Arthur,” I said.
It was the first time I had spoken since the recorder had been turned on.
“You spent it,” I told him, using the same words I had used with Linda on the stairs. “You spent the family to buy Chelsea’s swimming pool. You spent the family to pay for brick on your driveway. And you spent your own granddaughter because you couldn't stand the thought that someone who carried your blood didn't have your permission to be born.”
Arthur stood up.
He didn't stand up with dignity. His knees hit the bottom of the birch table, sending a wave of black coffee splashing out of Frank’s paper cup across the legal pads.
“She is not my grandchild!” he roared. The sound was monstrous in the small room, bouncing off the cardboard boxes of dead men’s wills. “A Vance doesn't come out of a county clinic with no name on the certificate! A Vance has a father! A Vance has property! She is nothing! She is a stray you picked up in the ditch, and you brought her to my table to mock me!”
Frank grabbed Arthur’s sleeve, trying to pull him down, but the old man shook him off with a violent jerk of his shoulder. His face was the color of a beet, the purple veins on his temples pulsing like worms under the skin.
“You have nothing!” he shouted at me. “The land is mine! My father worked that ridge for fifty years! Not you! Not that bastard child! Mine!”
Kowalski didn't shout. He didn't stand up.
He reached into his blue briefcase, pulled out a small black radio with a short rubber antenna, pressed the button on the side, and spoke two words into the grill:
May you like
“Bring them up.”
***