The San Francisco call., 1896-03-23
Don't Know Just What They'll
Do in the Matter Of the
Fair Will.
VAN R. PATERSON TO FIGHT.
His Clients Interests Demand It, But
They Have No Money.
Hopes for Aid.


This may not appear to be news, but it
is. For when Mr.. Paterson made his pro-
test before Judge Slack on Friday it was
not the irretrievable crossing of the Rubi-
con that it may have seem ed
Mr.. Patersons is in a peculiar position,
and George A. knight says "his eyes are
even now turned invitingly to me-"
The whole situation concerning the Fair
estate is in most Interestingly compli-
Gated condition and offers an inviting op-
portunity to some newspaper having the
coupon habit to open guessing contest.
Delmas d Shortridge, who have precipi-
tated the trouble in the interest of the
legatees of the pencil will, are said to have
things locked up in their safe in the
Crocker building that puzzles the wise"
of all the army that represents the other
interests.
Charles Heggerty says so--says he has
heard so, and believes it is true.
He does not say what the things are or
whether they were alive or not. He says,
however. that the army of lawyers for the
or tomorrow and will determine whe ther
they are "for or agin" the pencil will.
The indications are that the lawyers
who were lately opposing each other over
the probate of the trust will have been
brought together by what they look upon
as a common danger and will unite in
their opposition TO the probate of the Lev
Ingston or pencil will. They do not admit
this, to be sure, and interviews had with
number of them yesterday brought out
variety OF rather divergent views.
sit is very unfortunate that Mr.. Delmas
has made this move at this time" said
Mr.. Heggerty, called away from his Sun
day dinner at the interesting iuncture just
preceding the Introduction of the last
necessity of declaring ourselves for or
against the pencil will. l think it is un-
fortunate for him. l must confess that we
are in a ticklish position. | cannot just
say what we will do. We will determine
that tomorrow or next day. There are
features of the situation that cannot be
discussed in public, but which are calcu-
lated 10 influence our action. The other
side know what they are.
There are documents locked up in the
safe of Delmas & Shortridge that they
threaten TO spring upon US. We want to
get the thing settled-secured some way
against the crop OF alleged widows and
orphan children that keeps growing and
multiplying through every changing sea-
son."
81 never liked that pencil will, you
know that" said George Knight. II am
afraid this move of Mr.. Delmas will force
US TO line up with ex-Judge Paterson and
fight the probate of that will. / can't say.
"Ill know more about il in few days.
1 may say, however, that my client really
fares better under the pencil will than
the other. But / wanted to get this matter
settled up and out of litigation. That is
why dismissed the contest in the other.
What is new in politics?"
Another of the counsel for Charley Fair
and the sisters said: This is the situa-
tion-you want to know it from the posi-
ton of man up a tree, don't you? Well,
the court has declared that the trust
clause in the trust will, the one the chill
dren were contesting, will not hold-has
knocked that clause out. That clause is
all the children objected to.
with that clause knocked out there is
really no material difference between the
two wills. The first will leaves $500, 900 to
charities, and the income of the estate,
which is held in trust for the children, and
after their death the estate proper is to be
divided among their children-the grand
children. With the trust knocked out, the
charity bequests are the same, and the
children get the estate at once. Under
the pencil viii there are some few thousand
dollars difference in the charity and other
bequests-searce!y worth mentioning-ard
the body of the estate goes to the children
at once.
$50 1 see nothing for US. who represent
the children, ITO do but wait and watch.
Under the earlier will the trustees were
Angus, Crothers, Goodfellow and Bresse.
Under the second the executors are An
gus, Crothers and Marc Levingston. If
you were an heir would it matter TO you
which of these got the fees. In the one
Levingston is substituted for Goodfellow
and Bresse, but that would not worry you
much, would it? Well, as much may be
said for US. No. we are in rocking chair,
equally comfortable whichever way it
rides.
LAS for Mr.. Paterson, who represents
minor children OF the brothers and other
relatives of Mr.. Fair, his interest amounts
to a few thousand dollars more under the
trust will than under the pencil will. But
his interest is wholly dependent on the
trust clause which the Superior Court has
knocked out. He will, of course, look care
fully after the interests OF his clients. Judge
Paterson's name stands for that. To nv
view, however, Herman Oelrichs Jr. has
no standing in court in any case. As have
said, | cannot say that it is any of our
affair to interfere"
Ex-Judge Paterson said this: ~ am
little puzzled what.to do. My children
my clients have no money. | have no no.
ton of what assistance l will get from the
three heirs, if any. / wish l did. Mr..
Delmas, in admitting my right to approve
the probate, secures his jury. That is
what he wanted. My objection to a jury
is the great expense that attaches. As /
have said, my children have no money. If
Marc Leyingston secures the probate of
the pencil will, then be has the funds of
the estate to draw from to fight any other
opposition, and the sinews of war are
everything in a matter of this kind.
That must be prevented. You NAV
saw that l will fight. The interests of my
clients demand that of me and it will be a
long and bitterly contested fight. 1 fully
appreciate the great interests at stake on
the other side. But our interests are even
greater, for under the pencil will we get
nothing. Under the trust will the whole
estate ultimately comes to u.s."
Mr.. Delmas for the Levingston or pencil
will said: I'VE have undertaken to secure
the recognition and probate of the pencil
will. which we believe to be the last will
and testament of Mr.. Fair. The matter is
before the court. 1t will come UP next
Friday ard will then be set for trial. prob
ably 10 a day certain. | cannot see that
there is anything more to be said"
Caivarian Society.
The usual Ienten devotions of the Calvarian
Society were held yesterday afternoon at 3 80