The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-09
STRIPPING FOR COMBAT.
The Special Administrators of
the Fair Estate to Hold
the Fort.
LITTLE HERMAN's QUEER FIX
He Has Two Guardians, and Is Made
to Appear a Peculiar
Child.

Yesterday morning and Judge Stacks
court were the time and place set for the
hearing of the special administrators peti.
ton for the probate of the first Fair will
Stimulated by the courts decision giving
the first will the precedence and by the
filing on the previous day by the pro-
ponents of the second will of a formal con-
test to the first almost all the attorneys en-
gagged in the case gathered on the scene
promptly at 10 A. NJ. But as things turned
out the honors and burden of the day were
destined chiefly to rest with Attorneys
Reuben H. Lloyd and Charles S. Wheeler
for the Fair children and ex-Judge Van R.
Paterson for the infant heirs and especially
for Herman Oelrichs Jr.
On ''the estate of James G. Fair" being
called Attorney R. B. Mitchell, for the spe-
cial administrators, moved for a continu-
ance. He said a contest to his clients
petition for probate of the first will had
been filed, which would entail more
preparation to plead.
1--WE also desire until May 15," said
counsel, sin which to move to strike from
the files the opposition of Charles L. Fair
on the ground that the contest was not
served within the prescribed time nor
within the provisions of the code"
The court granted one week, and it nat
urally followed that DR.. Marc Livingston S
petition for probate of the second will had
to be continued to the same time.
Then the curious relation of little
Herman Oelrichs Jr. to- the controversy
came up. He has two guardians his
father, who is the natural or general
guardian, and eX-Judge Van R. Paterson,
who was appointed special guardian ad
litem. The general guardian, as husband
of the one of the proponents of the second
will, is in favor OF that instrument But
the guardian ad Item, on behalf of the
boy, has filed an opposition to the second
will. Thus little Herman is placed in the
position of opposing his father and natural
guardian.
For the rest of the morning session of
the court the air was riddled with Cita-
tons of technical authorities as to little
Herman's position. Attorney Wheeler
sons opposition. His battery was directed
to the insufficiency of the opposition. He
contended that the appointment of the
guardian ad Item was antecedent to the
filing of the second will that the allega-
tons of the opposition presented no issue
that the court had no jurisdiction to ap-
point guardian of predetermined heirs in
a cause before any proceeding in the cause
that the filing of the opposition without
direction CT the court was a usurpation of
the authority of the court and moreover,
that such opposition was unnecessary, as
the minor heirs interests were not in
danger.
Then Reuben Il. Lloyd spoke to his
motion for an order to amend the order
appointing Paterson little Herman's guar
dian. He quoted Supreme Justice Van R.
Paterson to refute guardian ad Item Van
R. Paterson. The boy did not need a
guardian ad Item; he had a general guar
dian in the person of his father.
"There is some question" interposed
Paterson, "to the effect that the general
guardian, Herman Oelrichs ST., is not a
resident of this City and County,"
This irritated Attorney Lloyd. "Well,
he owns a fifty-vara lot not far away" he
said, land house worth some three or
four hundred thousand dollars. Yes, he
is going TO New York shortly, but will re-
turn. Besides, he has hired me to repre-
sent him and 1 reside here, anyway"
Counsel contended that his motion could
not be thus collaterally attacked, but that
the question of an improper residence
must be raised as a separate issue.
The appointment of a guardian ad Item
did not apply to this proceeding. Beside,
1t was unnecessary except on the allega-
ton of Encouragement. The interest of
little Herman and his father were with the
second will. Under both wills Herman
Oelrichs Sr. would get $4,000. The child's
mother was young, and in all probability
would have other children, reducing his
reversion under the first will to a mini
mum. For forty years, perhaps, the
child would have but an infnitesimal in
terest in the first will. At least let the bov
wait until the probate of any one will and
then he would have long year in which
to contest.
Attorney Wheeler waxed strong on the
point that it would be a gross indiscretion
on the part of the court to order a contest
on the part of the minor heirs in the alb
sence of anything but mere rumor, and
then the court had a chance. His Honor
gave the counsel time to examine the in
Vulnerable authorities cited and continued
the application for "an order to amend an
order" the motion to strike out" and
its accompanying demurrer" to Thurs
day, May 10.
The special administrators have been
authorized to dispose of various details of
business in connection with the estate, in
Guiding payment to the Santa Cruz Rock
Pavement Company, $500: sale of horses.
etc, from the Petaluma ranch: sale of
10000 gallons of wine of the vintage of '93.
$4,000 gallons of the vintage of "a and
$500 gallons of brandy; settlement of claim
against George n. Perine.