The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-18
SIGNS Or A CONTEST.
The Fair Heirs Want Time
to Consider.
OPPOSITION TO PROBATE.
Executors Want the Will Admitted
at Once.
{ A CONTINUANCE HAS BEEN GRANTED
Attorneys for the Children Make Remarks
Which Are Construed to
Mean a Contest.

Will the Fair will be contested or will it
be admitted to probate? is the question just
now uppermost in the minds of the mem
bers of the legal fraternity. The case came
into the courts yesterday for the first time,
and everybody was present to hear and see,
but all that was said and done was as nom
committal as it was possible for lawyers
to make it. The impression is prevalent
however, that a contest is imminent, and
if that be so another famous case will be
added to the annals of the San Francisco
courts.
When Judge Stacks court opened at 10
O'Clock a waiting crowd filed in, and secur-
ing every scat, overflowed into the lobby
until the court was packed. The case was
not called at once, but when it was taken
up R. II. Lloyd, who is retained by the
two daughters, Mrs. Oelrichs and Miss
Virginia Fa II, addressed the court to ask
that the matter of admitting the will for
probate lie over for fifteen days. All the
attorneys interested crowded forward, and
it was at once seen that there was going to
be an argument, for each attorney fingered
his briefs, buttoned his coat, looked at the
clock and indicated in a dozen different
ways that he was collecting his thoughts.
OF attorneys directly interested there
were five: William NJ. Pierson, of Pierson
& Mitchell, representing the executors ap-
pointed by the will; Reuben H. Lloyd,
representing Mrs. Oelrichs and her sister,
Miss Fair; John A. Percy, representing
the collateral heirs; George a. Knight,
representing James Fair, the son, and
Judge Patterson, who by the courts ap-
pointment represents the absent minor
heirs.
Mr.. Lloyd stated that so far but little
had been done by him in investigating the
facts attending the making of the will, and
his clients had been too busy attending to
the hundreds of details following the
funeral of Fair and involved in their prepa-
ration to move to this coast for perma-
nent residence to consult with upon the
matter. They were still undecided as to
what course to pursue. There had been
issued special letters of administration,
and there was no occasion to hurry the
matter in any way. He therefore asked
for a continuance of fifteen days.
Mr.. Pierson then took up the argument
and opposed it vigorously.
at is absolutely necessary that this es-
tate receive attention, " he said, "and this
cannot be done while the will is still wait
ing to be probated. We have received in
formation, for instance, that one of the
ranches in Sacramento County belonging
to the estate has been inundated; this is a
case which requires immediate attention,
and as it stands now the special admins
traitors can do nothing. If the heirs would
forfeit any rights by the immediate pro-
bate of the viii there might be some differ
ence, but as they do not forfeit single
right, think the attorneys should not ask
for continuance
"The rights of the children are para
mount here, " said Lloyd in reply, land [
differ from Mr.. PiersOn when he says we
would waive no right if the will should go
into probate this morning. Now we are
all on an equal footing, but if the will is
admitted the executors may do as they
please with the property, and we could say
nothing thereto, said Mr.. Lloyd as if
it were an afterthought. eff we should
contest the will the executors would be
backed by the whole estate, and certainly
think we would be at disadvantage"
At this point George r. B. Hayes, who
represented Archbishop Riordan, got up
from his chair to say that he thought the
gentleman was entitled to the time he
asked for, and remarked that as far as him
self and his client were concerned, he
would make no objection. Then Mr.
Percy, upon Judge Slack asking to hear
from other counsel, said he would like the
case to go on at once, and Judge Patterson
said he was Indifferent upon the subject
except that, should the case go over, he
would like it to be continued for four
a mining case on In one of the northern
counties, which viii take that long to con-
clude.
Mr. Knight then took the floor in SUD-
port of Mr.. LIoyd's motion.
81 do not think your Honor cares to pass
upon this case anyway" said he. "Should
it come to contest we would want a iurv.
If we contest and the grounds upon which
such contest was based were, say, undue
influence or unsoundness of mind, we will
want some time to prepare and collect the
evidence which will be needed Men who
accumulate fortunes of from thirty to forty
millions of dollars lead lives full of excite
ment and event, and are subjected to
thousands of influences to which others
are not. 1t VIII take time to examine into
all this. The statement that all our rights
will be retained to US is a theory-a mere
theory-and every one knows that the
theory of law and its practice are two very
different things. We only ask the time
which any lawyer would be given in an
action on promissory note"
Again Pierson stated that all rights
would remain to all parties, and that it
would be absurd and seriously detrimental
to the estate if it was kept in its present
condition of uncertainty. Lloyd then took
the floor again.
Suppose" he said, suppose this will
which is offered for probate turns out to be
Jne wrong Will. 1nere are three or fOur or
five more now in the possession of the ex-
ecutors, and who is to know which is the
true one and which are false? Suppose
this will should not be the true one, can
any one say that we would be retaining our
rights should we allow the estate to remain
in the hands of these executors for the
statutory year? call upon the executors
to file these wills. We have a right to see
them, and [ ask the court to order these
wills filed"
The court then interfered and allowed
the continuance, which at Judge Patter-
sons request was extended to three weeks.
Mr.. Lloyd then asked for an order of court
directing the executors to produce all the
wills of James Fair now in their posses
sion, but Mr.. Pierson objected 1t was
such proceeding, so the motion will be
made in due form this morning.
None of the attorneys are willing to