The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-18
READY FOR The FAIR Case.
ONLY OBJECTIONABLE PARTS OF
THE DOCUMENT WILL BE
CONTESTED.
AN ATTEMPT WAS MADE TO USE
THE LEGISLATURE TO AID
THE FIGHT.

An important day in the Fair will matter
has arrived. There will be a big array of
legal talent in Judge Slack's court this
morning, and some lively work is expected.
The attorneys for the various heirs have
determined to make bitter fight against
the executors, and a sensation is promised
The first matter which will come up will
be the filing of the certified copy of the
will. When it is settled which one of the
two copies will be accepted the real fight
will commence. Pierson & Mitchell ex-
pect to have the court decide in favor of
the copy OF the viii they have in their
possession.
Attorney George A. knight will then
present Charles Fairs contest to the will.
The grounds of the contest will allege that
the late Senator Fair was unduly infu-
Carothers, the executors, who prepared
the wo riding of the will so as to give them
absolute management of the Fair estate.
The contest will not be against the entire
will; it viii not be sought to set aside the
will itself.
Charles Fair will admit that parts of the
will were made by his father without I'M
due influence being exerted upon him.
Those certain portions of the will which
restrict the children of Fair, especially
Charles, will be opposed. Strong objection
will be made to the portions OF the will
which give the executors unlimited power.
Allegations will be made that the four ex-
ecutors unduly influenced Fair against
his children so as to gain for them
selves power to handle the millions of the
estate so that they can enrich themselves
with fees and other perquisites.
When the formality of presenting the
contest to the Will has been carried out
Attorney Reuben H. Lloyd will spring a
bombshell against the executors. He will
file document detailing the schemes of
the executors to obtain the control of the
estate TO the exclusion of any power of the
children of Fair bv which they might have
some right to dictate the policy of hand
ling the estate in which they, as heirs, are
interested more than any one else. 1t is
said that Lloyd will create quite sensa-
ton.
The attorneys representing the heirs
had several conferences recently. The
most important one was held last evening,
and it lasted until midnight. Charles Fair,
George A. Knight, Charles Heggerty, Rus
sell Wilson, Charles Wheeler and Governor
Budd met in Reuben II. Lloyd's Office and
discussed the different plans af action for
several hours. The exact lines upon which
the different grounds of opposition to the
will which comprise Charles Fairs con-
test, were finally settled and line of war
fare against the four executors of the will
was mapped out.
Governor Budd will not join the legal
array in Judge Slack's court this morning
He will go to Stockton to-day to study the
various bills passed by the Legislature,
and to hunt for the jokers in them.
A sensational attempt to use the Legis-
lature on behalf of Charles Fair has been
brought to light. 1t was an attempt to Sc
cure the passage of a law by which the va
lidity of the will could be settled without
Charles Fair running the risk of being dis
inherited by contesting the will On Feb
ruary Ii Senator Earl introduced Senate
bill 694. 1t was bill to allow the testing
of the validity OF a will or any trust there
in. The validity of a will could be settled
in a suit to quiet title to any piece OF prop
erty belonging to the maker of the will.
In case the bill had become a law it
would have been very simple for Charles
Fair or any one to bring suit to quiet title
to any piece of property owned by the late
Senator Fair. In the trial of this suit the
validity of the will would have had to be
passed upon. The will could therefore be
contested without Charles Fair bringing
an ordinary contest, and he would escape
the disinheriting clause.
The billed passed the Senate and As
sembly without attracting any notice. 1t
was sent to Governor Budd on the 4th inst.
On Wednesday, the 18th inst, Governor
Budd, the attorney for Charles Fair. ve-
toed the bill which would have been so
beneficial to his client. This created great
CONSERVATION in the camp of the persons
opposed to the will. Senator Earl, the
friend of Charles Wheeler, one of Charles
Fairs attorneys, did not know what to
make of the situation. He tried to get
the bill passed over the Governors veto,
but the Joker was exposed, and when the
vote was taken to pass the bill over the
veto it stood: Yeas o. nays %, Senator