Copyright © Tim Hobson - all rights reserved.
We return to the Family Court in West Virginia, where the case isn't going quite the way Tim's brother-in-law, Will Thomas, planned. Matters come to a head, the judge renders a verdict, and Tim has a surprise for everyone.
Nifty provides a free public service by presenting these excellent stories. Please do your part by supporting them: http://donate.nifty.org/donate.html __________________________________________ GOING GAY PART 20
["I'm tired of referring to this person as `his partner'. What is the young man's name?" "It's William Beauregard Cardeen, Your Honor."]
Henry continued his examination of his witness. "Mr. Cartier, how long have you known my client?"
"Since ninth grade. We went to the same prep school. So that must be... What? 60 years, more or less."
"And what has been your relationship with him?"
"We were roommates in college, and then he started his business. We remained friends and golf buddies, and for the past 30 years I have been his accountant and personal attorney."
"Were you involved in the care of his wife during her illness?"
"I helped in any way I could. Tim wanted to focus on Julie, so he put a lot of his funds in a trust and made me trustee."
"Did he take any role in managing the trust?"
"Oh, yes. We met once a month to go over everything. I made recommendations, and he usually agreed with them."
"Usually - not always, though?"
Keith grinned, "Tim has a mind of his own. I sometimes suggested investing in companies that Tim didn't want."
"Could you give us an example?"
"Sure. He was what some people call an 'issues investor'. He didn't want to own stock in companies that made guns or tobacco products or that supported things like apartheid in South Africa."
"So, would you say that he was actively involved and paid close attention to his investments?"
"Yes, up until the last three or four months before Julie died. At that point, he told me that I knew what he needed and asked me to please take care of it."
"And after her death?"
"He wanted to sell the house right away, but I advised him to wait one year before making any major decisions. That's a fairly common standard."
"So that's why he sold it one year after his wife's death?"
"Yes, and the market had risen substantially by then, so my advice made him a nice chunk of change!" The courtoom filled with chuckles.
"Order!" Judge Harvey insisted, banging her gavel.
"And then he sold the house and left for Las Vegas?"
"That's right. He wanted to see how much it had changed since his and Julie's honeymoon there."
"And had it changed?"
"Oh, you bet your a... I mean, yes, it had. He stayed there about a month and then told me he couldn't stand the place. Everything that he remembered was gone - all replaced by kitsch and tawdriness."
"And that's when he went to San Diego?"
"Yes. He checked into 'The Del' - that's the Del Coronado Hotel - and settled in for the winter."
"And he made friends there?"
"So he said. I think there was a small group of men his age, all widowed or divorced, and they kind of hung out together."
"And that's where he met Mr. Cardeen?"
"Apparently so. I had made Tim promise me to keep in touch. He wanted me to keep on managing his investments, but I said I wouldn't do it unless he checked in once a month so we could go over everything. He never liked reading reports - he just wanted me to give him the highlights and ask for any decisions that needed to be made."
"And did he keep in touch?"
"At first, but then he missed a month. And when it got to be nearly two months, and I was worried, so I had someone check on him."
"Someone?"
Keith hung his head, still embarrassed by the unpleasant memory, "I hired a P.I. to find out where he was and what he was doing."
"And what did your investigator discover?"
"Tim was fine. He was in great health, had a nice tan, had a bunch of friends..."
"And?"
"And... apparently a young man who was living in his hotel with him."
"Did you confront him with this information?"
"I was thinking about it, when I got a call, saying that he was taken to the hospital with a heart attack."
"Who called you?"
"He didn't say, but I think it was Beau, er, Mr. Cardeen."
"Did you meet Mr. Cardeen at that time?"
"No. When I arrived at the hotel, Mr. Cardeen had moved out, taking all his effects with him."
"That's a little unusual. Why do you think he did that?"
"Objection!"
"Let me rephrase. What did the absence of all his belongings suggest to you?"
"I can only surmise that he didn't want his presence there to be an embarrassment to Tim."
"Objection!" Will said pleadingly.
"Sustained."
"So you went to see Mr. Hobson in the hospital?"
"Yes, he was in the cardiac step-down unit. I went to see him while his family were in the Coffee Shop. I asked him about Beau and he told me that he thought he loved him. And that's when the family busted in and overheard our conversation. They went bananas! Will called Tim a bunch of names, and Charlotte just cried. Natalie read him the riot act."
"And Bruce?"
"I don't recall Bruce saying or doing anything. He just went along with the crowd."
"And after that, they left?"
"Yes. Will said that Tim had to be crazy, and that he was going to see to it that he couldn't manage his own affairs any longer."
"And you personally witnessed this statement?"
"I did."
"Now, Mr. Cartier, during Mr. Hobson's time in San Diego, did you continue to manage his investments?"
"I did?"
"And did he participate actively in that endeavor?"
"He did. He apologized for losing touch and immediately asked about resuming our monthly reviews of his finances. He made some decisions then, but mostly just took my advice. By this time in our lives, we know each other inside and out, so it is natural that what I recommend is what he would prefer if he were making the decisions himself."
"You say you know each other inside and out - did you know he had gone gay?"
Keith glanced over at Will with disgust. Then he proceeded evenly, "Counselor, a person does not 'go gay'. It's not a choice, it's something like a discovery. It's not a 'lifestyle' either. A person is what he is, and if it takes him 70 years to figure that out, then who are we to say he's wrong?" He took a breath. "I knew beyond the shadow of a doubt that he was devoted to Julie, and I couldn't see him ever finding a woman he would love as much as he loved her. I think he might just have been at a point in his life where took a long, hard look at himself and realized something that he hadn't known before."
"Thank you, Mr. Cartier," Henry said and then turned to Will. "Your witness."
Will swaggered over to the box where Keith sat. Keith glared at him with disdain.
"So, Mr... Carteer, is it? Not Car-tee-ay?"
"You've known me for 20 years, Will, so what do you think?"
"Move to strike, Your Honor - unresponsive. Move to treat as a hostile witness."
Judge Harvey sighed deeply, thought a moment, and said, "The witness's hostility toward you, Mr. Thomas, is quite evident, but also not in the least surprising. Suppose you just get on with your questioning and drop the theatrics?"
Will blushed a deep purple. He was unable to speak for a minute. Then he gathered his thoughts and turned to Keith. "All right, Mr. Cartier, how long have you known the defendant?" He gestured grandly in my direction.
Henry stood up. "This is not a trial, Your Honor. My client should be referred to as "the Respondent," which I would have thought any first-year law student would have known. And by the way, 'asked and answered' during direct, Your Honor."
"You are correct, Counselor, on both counts." Turning to Will, the judge gave a withering look and asked, "How long have you been practicing law, Mr. Thomas?"
"Almost twenty years, Your Honor."
"And what kind of law do you practice?"
"Um, mostly... well... corporate."
"Do you mean 'contracts', Mr. Thomas?"
"Uh, yes, Your Honor."
"So how much courtroom experience do you actually have?"
"Well... I guess this is... the first, Your Honor."
"I suspected as much. And I also suspect you've learned your courtroom law by watching 'Law and Order' or something like that - correct?"
"Uh, no, Your Honor. We covered it in law school."
"Twenty years ago?"
Will blushed deeply again. "Yes, Your Honor."
The judge took a deep breath. "Mr. Thomas, your clients - the 'Claimants', as they are identified in the matter before this court - are entitled to competent representation with regard to their cause. Do you feel that you can rise to that standard of expectation?"
Will seemed to shrink into the floor. "I... uh... object, Your Honor. I am qualified and admitted to the Bar in the State of West Virginia, so I should be able to practice law anywhere in this state that I choose."
"Well, then, Mr. Thomas, why don't you start practicing? I'm sure we're all tired of what has passed for proper procedure up until now."
Chastened, Will asked Keith a few more questions, getting more and more direct. Finally, he went for the kill: "So, isn't it true, Mr. Cartier, that it is YOU who have been managing the financial accounts and making all the decisions, ever since the... Respondent's... wife died?"
"Absolutely not. Like many wealthy men and women who have stepped back from the day-to-day mangement of their wide-ranging financial affairs, Mr. Hobson has nonetheless remained vitally involved in every decision and result. This arrangement began almost 40 years ago, and it has not changed one iota since then, despite his wife's terrible illness and painful death. He did forget to contact me one time - ONE TIME! - in the past year, and he apologized and returned to his preferred arrangement of a monthly review of all of his holdings and making his own investment decisions."
"And does he make wise investment decisions?"
"His assets have increased by 15 per cent in the past year, so I would venture to say so."
"But that was only pursuant to your careful advisement?"
"That's what a financial advisor does, Counselor, and the majority of my clients only concern themselves with the state of their investments once or twice a year. Tim is unique in the degree of interest he takes and the wisdom he shows in discussing his finances. I wish more of my clients were so actively involved."
Defeated, Will said, "No more questions, Your Honor."
Henry rose. "The Respondent rests, Your Honor." Pausing for a heartbeat, he looked straight at the judge, considered for a moment, and then said, "And we ask for a summary judgment in favor of the Respondent, Your Honor."
Will jumped to his seat, opened his mouth, closed it abruptly, looked confused, and gave the judge a mournful look.
"That means the Respondent wants me to declare in his favor without any futher ado, Mr. Thomas, and I am inclined to do so, unless you have something pertinent to add."
"This isn't fair, Your Honor! He has control of all the money, and his children and sister-in-law only get a meager allowance. We should be able to share in his wealth, since his wife was my wife's sister, and the children's mother!" Realizing what he had said, Will fell back into his chair. Charlotte whimpered. Natalie whispered, "you asshole!" but Bruce was silent.
Judge Harvey looked at Will for a long time in disbelief. She started to speak several times, but stopped and thought. Finally, she gathered herself into an imposing stature and said to the back wall, "This court finds in favor of Respondent. All questions with regard to his competency to manage his own affairs are settled in his favor. Further, I am imposing sanctions on Claimant's Counsel and cautioning him never again to appear in a trial court in the State of West Virginia. If he does so, I will take action with the West Virginia Bar Association to have him disbarred. For the record, I have never seen such a display of incompetence and lack of training in my courtroom or any other!"
Turning to me, she said, "Mr. Hobson, first of all, I recognize your competence statutorilly and release you from any inhibitions on the free exercise of your financial decision-making. Second, I apologize to you for the farce that you have just been forced to endure. And finally, I state unequivocally for the record, that being gay is not, and never will be, an indication of incompetence or mental deficiency, in this state or any other!" And with that she slammed her gavel on the desk so hard that I thought it would fly apart in a thousand pieces. Evidently, it was made for just such a situation.
I rose and hugged Keith. Then I turned and hugged and kissed Beau. I probably did that mostly for the benefit of Will and Natalie, but I also enjoyed it quite a lot.
Will had shoved all his papers roughly into his briefcase and left the table and quickly headed for the door. Charlotte, still whimpering, followed him quickly. Natalie rose from her seat, glared at me, and then directed her ire at Beau: "Faggot!" she growled and then stomped out.
Bruce rose slowly from his seat in the front row. He smoothed his suit, adjusted his tie, and took a couple of steps toward me. "Dad. I love you. I always will. I am so sorry that I got involved in this bullshit. Please forgive me." He choked on those last words. I took my son into my arms and hugged him tightly.
"I know you were railroaded into this, son. I'm not angry."
Bruce pulled back a bit and looked me in the eyes. "Dad?"
"Yes?"
"Do you think this gay thing is hereditary?"
I stopped, confused, then shocked, then filled with joy. "You mean...?"
"I have a partner, Dad. But I've never been as brave as you to introduce him to anyone." With that, he turned to the back of the room, where a handsome man of about 40 stood, smiled, and walked forward.
"Dad, this is Miles, my partner. We've been together for almost 12 years."
Shocked, I said, "I had no idea. Why... why didn't you tell me?"
Bruce smiled, "For the same reason you didn't rush to introduce Beau to all of us. It's... well, it's not what the family expects of us."
I put one arm around my son, another around Beau, and as Miles joined us, I tried to include him in the group hug. Keith, feeling left out, managed to squeeze in with the three of us.
As we moved apart for a little breathing room, I said, "I have an announcement." They all stopped to look at me.
"As we happen to be in a courthouse, and as I happen to have anticipated the brilliant defence of my attorney, Henry Parson, I asked him to prepare the necessary paperwork for a little additional legal matter."
They all looked at me expectantly. Beau began to smile - so big that I thought it would break his face. "I do!" he shouted. And with that, we adjourned across the hall to the Court Clerk's office, where the formalities were sorted out.
After the wedding, Henry excused himself, and Beau and I, and of course Keith, plus our new-found gay couple, Bruce and Miles, adjourned to the finest restaurant in Charleston, where we toasted and celebrated our nuptials in high style.
Come to https://www.nifty.org/nifty/gay/beginnings/going-gay/ for the final episode with Tim and Beau!