The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-08
TO FIGHT IN THE Open,
A Formal Contest to the First
Fair Will Filed at
Last.
CHARLES L. FAIR, CHAMPION.
Undue Influence on the Part Of the
Executors Is Plainly
Charged.

| Pursuant to the opinion rendered on
Monday by Judge Slack, the proponents,
or rather one of the proponents, of the
second Fair will yesterday filed formal
contest to the admission to probate of the
first or stolen will Charles l.. Fair is
made the champion of the proponents, the
attorneys urging that it is not necessary
for Mrs. Herman Oelrichs and Miss Vir-
ginia Fair to join. They maintain that
the thing to break is the will, and the will
once broken is broken for all. Action on
the contest will probably be taken this
morning.
The contest is very long, much space be-
ing taken up with a recital of facts with
which the public is familiar. After stating
the death of James G. Fair, the filing of
the will of the 21st of September, 1894 and
its loss in the files, the document gives the
full text of the will of September "a, 1894,
which contestants claim is genuine and
the last will made.
The contestants then proceed to particu-
lariZe by sections the Objectionable para
graphs of the first or alleged" will. They
object particularly to the trust clause CIV
ing to the executors the control of the
estate; the legacies to Angus, Bressee,
Clark and Stewart; the clause perpetual
| ing the trust of the trustees; the disnher-
ting of Charles Fairs offspring, and the
forfeiture clause. Then follows:
| Your petitioner AYERS that each and every
| alleged part and alleged portion herenabove
set forth of the said alleged last will and tesla
dated September 81, 1894 (if in TACT the said
alleged instrument was ever made or executed
by said deceesed), was and were procured to be
| direct result of undue influence exerted upon
and over the said James Graham Fair
| And your petitioner further AYERS that at the
| time OF the making and execution of the said
alleged last will and testament IF in fact said
alleged instrument was ever made or executed),
and for long time prior thereto, and con-
! tinuously thereafter until his death, the said
James Graham Fair, deceased, was suffering
| from Brights disease and from other physical
diseases and disorders, the precise names and
nature OF which are unknown to your petit
toner, and that by reason thereof the said
James Graham Fair, deceased, became and was
on said 21st day of September, and for long
| time prior thereto, weakened in body and in
mind and susceptible to prejudice and to the
influence and articles OF designing persons
and particularly to the influences and articles
OF those who possessed his trust and conf
dence.
That for long time prior to the making and
execution of said alleged last will and tesla
ment divers designing persons. who possessed
| the trust and confidence of said deceased. had
the desire and intent to influence and induce
| the aforesaid James Graham Fair, deceased, to
make q last will and testament, in such form
| that the estate of said James Graham Fair, de-
ceased, should after his death be placed in
| trust for very long period of time, and that
the provisions OF said will should be so ar
ranged that very large profits, recommendations
and benefits should accrue therefrom and
hereunder TO them.
That thereafter and pursuant to their afore-
| said design and intent, the said parties COM
| bined, conspired and confederated together for
the purpose OF Influencing and compelling the
said James Graham Fair, contrary TO his own
| wishes and will, but pursuant to their wishes
and Will, TO make and execute a last will and
testament wherein and whereby they would be
| benefited as aforesaid. And to that END said
consp1rators continually urged and pressed
upon the said Graham Fair, deceased, that he
make will containing identical provisions
alleged to be mentioned in the alleged Will,
dated September p, 1894, which are herein
above set forth and herein and hereby con-
tested. That further to that end and for the
purpose OF prejudicing the said James Graham
| Fair against each and all of his children the
said conspirators willfully and falsely repre-
sented to said James Graham Fair, deceased,
| and persuaded him to believe that your petit
| toner and the other children OF said
deceased did not care for him, said
James Graham Fair, and had no affection for
| him, and that your petitioner and the other
| ing for him, said James Graham Fair, to die in
| order that your petitioner and said other chill
| dren might get his property, and that your
| petitioner and the other children of said de-
ceased had so expressed themselves to them
| (said conspirators), and that if the said James
Graham FAIR. deceased, should leave any part
| or pOrtlOn OF MS property absolutely to YOUR
! petitioner or TO the other children of said de-
| ceased, or otherwise than in trust, as in said
alleged last will and testament dated Septem-
Der y, 1894, provided for, that your petitioner
and the other children of said deceased would
| squander or dissipate whatever they so re-
| ceived. That each and all of the aforesaid
representations and statements to said James
| Graham Fair were false and were at all times
| known to be false by the said conspirators
| That by reason OF the weakness of mind and
body of the said James Graham Fair, deceased,
O n T n fIfdi md fhn
! influence and articles of those about him, and
| by reason of the confidential relations existing
between the said deceased and the said con-
| Sp1rators, and by reason OF the aforesaid mis-
| representations of said cOnspirators, the said
| James Graham Fair was induced and per-
suaded against his true wishes and desires,
| but pursuant to the wishes and desires of the
consptrators, to make, execute and insert in
| the said alleged last will and testament, dated
| September 81, 1S94-if, in fact, he ever made
| or executed said instrument--each and all of
| the parts thereof hereinabove set forth and
| herein and hereby contested, and that each
and every of the said parts thereof herein and
| hereby contested was procured to be made and
was made and inserted in said alleged last will
| and testament as the direct result of undue in
| fluence exerted upon and over the said James
| Graham Fair, deceased, by the said conspir-
| ators aS aforesaid.
/ Wherefore your petitioner prays:
| First-That all proceedings upon the afore-
said petition for the Pro6ate OF said alleged
| the application to probate said will dated Sep
TENDER "a, 1894, shall have been heard and de-
| termined, and if the said will dated September
"a, 1894, shall be admitted to probate that
thereupon the petition of said Goodfellow,
Angus, Bresse and Crothers for the probate of
the said alleged last will and testament OF said
James Graham Fair, deceased, dated the 21st
| Second-That said alleged will dated Septem-
| Der 81, 1894, be denied probate; and,
| Third That each and every said alleged part
and alleged parts of the aforesaid alleged will,
dated September 81, 1894, hereinbefore set
forth, and hereby contested, be adjudged null
and void: and that each and every of the said
alleged parts thereof be denied probate.
| That ii hereafter issue shall be joined herein
upon this petition and proceeding that the
special issues involved In such proceeding
be submitted to a jury, and your petitioner
hereby requests and demands jury trial of
| the issues involved in this proceeding.
| And your petitioner will ever pray, etc.
| CHARLES l.. FAIR, Petitioner.
! KNIGHT & HEGGERTY, Attorneys for Petitioner.
| CARRIER, BoALT & BISHOP, and WILSON &
| WILSON of Counsel.
THOSE SLIPPERY R0NDS.