The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
THE CHILDREN FLEA NEW WILL
WHICH IS VERY FAVOR
ABLE TO THEM.
ALLEGED TO BE A FORGERY
IT DERIVES THE EXECUTORS OF
THE FAT FEES EX-
PECTED.

Gently stolen will, and it caused great
shock to the executors mentioned in the
submitted will.
Fairs children, especially Charles Fair,
are benefited greatly by the terms of the
newly found will. Outside of requests to
relatives and orphan asylums the main be-
quest is one of $500, 900 to Charles Fair, who
is also given an equal share of the remain
der of the estate with his two sisters. The
power given TO the executors by the previ-
Gus will is taken from them, and the chill
dren are given the management of the
estate instead of the executors.
w. S. Goodfellow and Louis G. Bresse,
who were two of the four executors men
toned in the stolen will, are dropped by
the new will and DR.. Marc Levingston is
substituted in their stead, making Thomas
G. Crothers, James l.. Angus and DR..
Levingston the executors of the new will.
When the Fair will case was called in
Judge Slack's court yesterday morning,
Reuben H. Lloyd, the attorney for Fairs
two da lighters, rose from his seat quickly,
but with the cool dignity which he is
known to possess and made a statement to
the court which astounded not only the
crowd of spectators in the courtroom, but
also the attorneys who were not in the Sc
cret Mr.. Lloyd said:
If your Honor please, shortly after the death
Of the late Senator Fair, reports came to his
heirs that he had made a Photographic will.
Those reports were followed, and in several in
stances were found to come from remarks
made by Senator Fair himself. He had stated
that he had made will, written it himself,
and rela ted how he had disposed OF his
f,t-1,..
it eemed impossible to discover until an acct
dental remark discovered the fact to the heirs
that this will had been left by Senator Fair in
the possession of a lady widely and favorably
known in this city. She was very reluctant in
deed to have her name brought into this case
on account OF the notoriety which has been
given to it in the papers, and she naturally
shrank from such notoriety. But, finally, on
the advice OF her counsel that it was her duty to
give this document to the children OF Mr. Fair,
she produced it.
When the Senator died, as you will recol-
lect, Immediately after his death, the very
next morning, viii was filed in this court
The la,iy referred to presumed that that was
the last will, and paid no more attention to the
one which she had until after the one that had
been filed had been distracted from the files
Then she looked at the viii which she had in
. her possession, and to her surprise and fright
she found That twas dated after the one which
had heen distracted. On the impulse of the
moment she sent 1t away from the Jurisdiction
OF this court, and ii was not until after we had
discovered this fact that she acted upon the ad-
vice Of her counsel that it was her duty and
that she must produce it, that she finally sent
for II and brought ii into the jurisdiction of
this court, and now, on behalf of the heirs of
Senator Fair, present 1t this morning to the
court
1t IS written in pencil on two sheets of
paper, written with soft pencil, and counsel
for the heirs thought that every effort must be
taken to preserve it. If handled the natural
rasrarT TTf "a
ate the pencil marks, and therefore we thought
IT advisable TO have it inclosed between two
sheets OF crystal glass for protection.
The statute provides tina where will comes
into the possession OF party in this way it is
his duty TO present it to the court. Therefore
we have brought this will into court and we
IL photographed for extra safety and we pre-
sent herewith Photographic copy of
the will, so that it can be certified
and left with the clerk OF this court And in
view of what has passed concerning the old
will we hope that the court Will make such
orders as II deems fit and proper for the careful
Photographic copy, which anybody can see is
just the same as the original, and there will be
little occasion for anybody TO see this original
document. We, therefore, ask the court to
make an order restricting the inspection of
this paper TO those who are alone entitled and
who will OF necessity have occasion to ex-
anime it.
1t is, as you see, on two sheets of paper, and
/ now present it, pursuant to law, to your
Honor. The old viii was filed with the clerk
and distracted, and now propose to make the
court responsible. Here is Photographic COPY
which | ask to have certified and also put in
the hands OF the court. With my associate we
have filed petition for the probate of this will
signed by the three children of Senator Fair;
and have here an order, and / ask an order
of the court TO the clerk fixing the time for the
hearing OF this petition. There seems to be
doubt in the statute to whether the court
fixes the time or the clerk and, therefore, l ask
a minute order of the court fixing the same
az al Cd nv ha orb xub inh =
day, the I'd day of April, 1895. l simply ask
this as an extra precautiou.
At the close of his remarks, ATTORNEY
Lloyd presented to the court the newly
found will. AS he did so the faces of the
attorneys for the executors of the first
will expanded into smiles, which con-
trasted greatly with the grave faces of the
attorneys for Fairs children. The mys-
ferrous discovery of the will seemed alb
surd to them, especially as it was pro-
duced on the very day that was set for the
hearing of the petition to admit the other
will to probate.
The new will, submitted by ATTORNEY
Lloyd, freed of some bad spelling, is as fol-
lows:
SAN FRANCISCO, September d, 1894.
This is my last will and testament. 1 revoke
all former wills by me made. l beuueath to
my sister, Margaret J. Crothers, 5000 600, to be
shared equally by her and her husband and
children. bequeath to my brother, William
Fair, $4,000, TO be shared equally by him and
his wife and children. l bequeath to nv
brother, Edward Fair, SOS, 900, TO be shared
equally by him and his wife and children
/ bequeath 10 my sister, Mary Anderson
$500, 1000, to be shared equally by her and her
husband and children. / bequeath to nv
brother, Andrew Fair, $4,000, to be shared
equally by him and his wife and children.
bequeath to my niece, Jane Lundy, So 600. to
be shared by her and her children.
/ bequeath 10 my nephew, James H Fair
$4,000, TO be shared by him and his wife and
children.
bequeath to the Roman Catholic Archbishop
of San Francisco $50, 900, TO be divided by him
among the Roman Catholic orphan asylums of
San Francisco.
bequeath and direct my executors TO pay in
equal proportions $25 900 to the Hebrew or
phan asylums of San Francisco
Should an act be passed by the Legislature of
this State creating pension fund for aged
teachers, bequeath TO said fund and direct nv
executors 10 pay TO said trustees OF said fund
the sum of $4,000, TO be used for the pension
ing OF aged teachers who have taught TWENTY
five years more in this State
] bequeath TO and hereby direct my executor
20 divide among the Protestant orphan asylnms
OF San Francisco the sum total of $50 600
/ give TO my son-in-law, Herman Oelrichs.
$4,000.
give TO Herbert Clarke $4,000.
give Charles E. Stewart $4,000.
give to James s. Angus and Louis Bresse the
sum of $40, 900 each.
] give TO my SON, Charles L. Fair, the sum of