In the matter of the last will and testament of Henry Seth Hubbard, Jake was aiming for ten minutes. He stepped to the podium, smiled to the fresh and eager faces, and began with “Ladies and gentlemen of the jury, your job is not to give away Seth Hubbard’s money. There’s a lot of it, and all of it was earned by Seth Hubbard himself. Not by you, not by me, not by any of the lawyers in this courtroom. He took chances, borrowed heavily at times, ignored the advice of his trusted lieutenants, mortgaged his own house and land, made deals that looked bad on paper, borrowed even more, took risks that seemed outrageous, and in the end, when Seth Hubbard was told he was dying of lung cancer, he sold out. He cashed in his chips, paid off the banks, and counted his money. He won. He was right and everybody else was wrong. You can’t help but admire Seth Hubbard. I never met the man, but I wish I had.

“How much money? You will hear testimony from Mr. Quince Lundy, the gentleman sitting right here, and the court-appointed administrator of Seth Hubbard’s estate, that the estate has a value of approximately $24 million.”

Jake was pacing slowly, and when he gave the amount he stopped and looked at some of the faces. Almost every juror smiled. Go, Seth. Attaboy. A couple were obviously shocked. Tracy McMillen, Juror Number Two, looked at Jake with wide eyes. But the moment passed quickly. No one in Ford County could grasp a number like that.

“Now, if you think a man who put together a $24 million fortune in about ten years knows what he’s doing with his money, then you’re right. Because Seth knew exactly what he was doing. The day before he hung himself he went to his office, locked his door, sat down at his desk, and wrote a new will. A handwritten will, one perfectly legal, nice and legible, easy to understand, not the least bit complicated or confusing. He knew he was going to commit suicide the following day, Sunday, October 2, and he was putting everything in order. He planned it all. He wrote a note to a man named Calvin Boggs, an employee, in which he explained he was taking his own life. You will see the original. He wrote detailed funeral and burial instructions. You will see the originals. And on that same Saturday, presumably at his office while he was writing his will, he wrote a letter to me and gave me specific instructions. Again, you will see the original. He planned it all. After he finished writing, he drove to Clanton, to the main post office, and mailed the letter to me, along with the will. He wanted me to receive the letter on Monday because his funeral was on Tuesday, at 4:00 pm., at the Irish Road Christian Church. Details, folks. Seth took care of the details. He knew exactly what he was doing. He planned it all.

“Now, as I said, it’s not your job to give away Seth’s money, or to decide who should get what or how much. However, it is your job to determine if Seth knew what he was doing. The legal term is ‘testamentary capacity.’ To make a valid will, one that is handwritten on the back of a grocery bag or one typed by five secretaries in a big law office and signed before a notary public, one has to have testamentary capacity. It’s a legal term that’s easy to understand. It means you have to know what you’re doing, and, ladies and gentlemen, Seth Hubbard knew exactly what he was doing. He wasn’t crazy. He wasn’t delusional. He wasn’t under the influence of painkillers or other meds. He was as mentally sound and sane as the twelve of you are right now.

“It might be argued that a man planning his own suicide cannot be of sound mind. You gotta be crazy to kill yourself, right? Not always. Not necessarily. As jurors you are expected to rely on your own experiences in life. Perhaps you’ve known someone, a close friend or even a family member, who came to the end of the road and chose his or her own final exit. Were they out of their minds? Perhaps, but probably not. Seth certainly was not. He knew exactly what he was doing. He’d battled lung cancer for a year, with several rounds of chemotherapy and radiation, all unsuccessful, and the tumors had finally metastasized to his ribs and spine. He was in terrible pain. At his last visit to his doctor he was given less than a month to live. When you read what he wrote the day before he died, you’ll be convinced that Seth Hubbard was in complete control of his life.”

As a prop, Jake was holding a legal pad but he wasn’t using it. He didn’t need it. He walked back and forth before the jurors, making eye contact with every one of them, speaking slowly and clearly as if they were sitting in his den and chatting about their favorite movies. But every word was written somewhere. Every sentence had been rehearsed. Every pause was calculated. The timing, cadence, rhythm—all memorized to near perfection.

Even the busiest of trial lawyers spend only a fraction of their time in front of juries. These moments were rare, and Jake relished them. He was an actor on a stage, in the midst of a monologue he created, speaking words of wisdom to his chosen audience. His pulse was spiking; his stomach was flipping; his knees were weak. But those internal battles were all under control and Jake calmly lectured his new friends.

Five minutes in, and he had not missed a word. Five minutes to go, with the roughest part just ahead.

“Now, ladies and gentlemen, there is an unpleasant part of this story, and that’s why we’re all here. Seth Hubbard was survived by a son and a daughter and four grandchildren. In his will, he left them nothing. In language that is plain and clear, but also painful to read, Seth specifically excluded his family from inheriting under his will. The obvious question is, Why? It is our natural tendency to ask, ‘Why would a man do this?’ However, it is not your responsibility to ask that question. Seth did what he did for reasons known only to him. Again, he made the money—it all belonged to him. He could have given every penny to the Red Cross, or to some slick televangelist, or to the Communist Party. That’s his business, not yours, not mine, not this court’s.

“Instead of leaving his money to his family, Seth left 5 percent to his church, 5 percent to a long-lost brother, and the remaining 90 percent was given to a woman by the name of Lettie Lang. Ms. Lang is sitting right here between me and Mr. Lundy. She worked for Seth Hubbard for three years as his housekeeper, his cook, and sometimes his nurse. Again, the obvious question is, Why? Why did Seth cut out his family and leave almost everything to a woman he’d known for such a short period of time? Believe me, ladies and gentlemen, that is the greatest question I’ve ever confronted as a lawyer. That question has been asked by me, by the other lawyers, by the Hubbard family, by Lettie Lang herself, by friends and neighbors, and by virtually everyone in this county who’s heard the story. Why?

“The truth is that we’ll never know. Only Seth knew and he’s no longer with us. The truth, folks, is that it’s none of our business. We—the lawyers, the judge, you the jurors—are not supposed to concern ourselves with why Seth did what he did. Your job, as I’ve said, is to decide only one important issue, and that is simply this: At the time Seth wrote his last will, was he thinking clearly and did he know what he was doing?

“He was, and he did. The evidence will be clear and convincing.”

Jake paused and picked up a glass of water. He took a quick sip, and as he did so he scanned the crowded courtroom. On the second row, Harry Rex stared at him. He nodded quickly. You’re doing fine so far. You have their attention. Wrap it up.

Jake returned to the podium, glanced at his notes, and continued: “Now, with this much money on the line, we can expect things to get somewhat tense over the next few days. The family of Seth Hubbard is contesting the handwritten will, and they are not to be faulted for this. They sincerely believe the money should have been given to them, and they’ve hired a bunch of good lawyers to attack the handwritten will. They claim that Seth lacked testamentary capacity. They claim his judgment was clouded. They claim he was unduly influenced by Lettie Lang. The term ‘undue influence’ is a legal term and will be crucial in this case. They will attempt to convince you that Lettie Lang used her position as a caregiver to become intimate with Seth Hubbard. Intimacy can mean many things. She cared for Seth, at times bathed him, changed his clothes, cleaned up behind him, did all the things that caregivers are supposed to do in those delicate and awful situations. Seth was a dying old man, hit with a debilitating and deadly cancer that left him weak and feeble.”