The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-08
GOODFBLLOW Says
he Will Stick.
HE WAS NAMED EXECUTOR OF THE
FAIR WILL AND PROMISES
TO STAY WITH IT.
THE CASE OF JOSHUA HENDY.
A MAN MAY MAKE AN UNJUST WILL
IF He SEES FIT AND Is SOUND
IN MIND.

ooh, go right ahead, we don't mind
what is printed as coming from the other
side," said w. S. Goodfellow yesterday,
when the criticisms of Mr.. Knight and
Mr.. Heggerty upon certain peculiarities of
the Fair will were called to his attention.
81 don't care what they say" he con-
tinued, "and certainly will not take the
trouble to answer their criticisms in the
papers. l assure you, however, that did
not care to fool round with Uncle Jim
Fairs estate, but now that he has stuck
me in as executor l shall remain and see it
through. | shall make it stick, too, you
can be sure of that.
"Mr. McEnerney has taken the, burden
from my shoulders for the time being, but
intend to give the case my personal at
tention shortly"
The setting aside of the verdict in the
Hendy Will case, the contest of which was
and undue influence, is given an added in
terest to lawyers and others in view of the
prospective contest of the Fair will on
these same allegations.
flames G. Fair was keen, clear-headed
business man, the last man in the city to
be suspected of being insane said Mr..
Goodfellow. "No one thought of suggest
~
any one influencing him in the least de-
gree against his inclination
1.-The case of Joshua Hendy has nothing
in common with that of James G. Fair
said Mr.. Heggerty yesterday. "Hendy, at
his death, was at the head of a big manu-
stration in itself that his head was all
right. His will was contested by his
brothers, who felt aggrieved at the tesla
tors neglect. Now, a man is not expected
to provide for his brothers unless he wishes
to. The case of Fair is entirely different,
you see. Here his own children are left
subject to the whims and good behavior of
strangers, so to speak And as to his men
tai condition, he was old, he was sick and
had been so for long time, and he was
daily and continually under the influence
of whisky"
Nowlin d Fassett and Judge Cotton, who
were attorneys of record for the Hendy
with the turn the Hendy case has taken,
and have the rulings of the courts on the
questions of mental incompetency' and
undue influence" on call.
"The courts have been crying out against
the prevailing disposition to attack the
validity of wills" said Mr.. Nowlin yester-
day.
Judge Coffey, in this case against the
Hendy will, !" he said, charged the jury
that : the very object of making a will is
to disturb the equality of distribution
which the law establishes in the absence of
one; and whether the reasons for it, in
the testator's mind, are well or i'll founded
is immaterial, if he has arrived at the re-
suit of his own volition and without any
fraud, coercion or constraint of Others
Again, he said: intellectual eableness
alone, or mere weakness of the under
Standing-whether this condition of mind
is brought about by natural causes or the
Of Il ::
qualify person from making valid will.
A partial failure of mind or memory, even
to considerable extent, from whatever
cause, is not in itself sufficient ground for
setting aside will If there still remains
sufficient mind and memory to enable the
testator to comprehend what be is about
and to understand that he is disposing of
his estate by his will and to whom he is
disposing of it.
"On the question of undue influence
Judge Coffey said: The true test of I'M
due influence is that it overpowers the will
without convincing the judgment. 1t must
be an influence depriving the party of the
exercise of his judgment and his free &C
ton. Undue influence cannot be presumed,
but must be proved and the burden of
proving 1t by preponderance of evidence
lies on the contestants
with regard to the right of every man
to dispose of his own as he will, Judge
OOuey salu: ne law gives 10 every man
OF sound mind the right to dispose of his
own property by last will, and this is re-
garded as one of the most sacred rights and
the most efficient means which he has in
protracted life or old age. to command the
attention due to his infirmities, and a man
cannot legally be deprived of this right be-
cause of any bodily Affections, if he be of
sound mind. 1t makes no difference
whether the will appears to be just or I'M
just, equitable or inequitable. A
man may be of sound mind and strong
mind, and yet be exceedingly unjust A
person festa mas d right TO maze an unjust Will;
with his own -
There is not one opinion alone, but
thousand of like character" said Mr.. Good
fellow yesterday, holding that man may
make what appears to be cruel and I'M
Just will-that, in word, he may do with
his own as he will