The herald., 1896-02-04
SENATOR FAIRS MILLIONS
Will Soon Be Distributed Among His
Children
Judge Slack Declares the Trust Clause Invalid
as Regards ReaIty-The Law.
yers Get Fat Fees

SAN Francisco, Feb. 3.-The suit over
the will of the late James G. Fair was
practically decided this morning. Supe-
rior Judge Slack declared the trust clause
1 of the Fair will invalid SO far as it relates
to real estate. All there is for the heirs to
| fight over is the personal property of the
estate, The decision today was made on
the action brought by Charles L. Fair
against the trustees under the will to
quiet title to the Lick House, part of
the property of the Fair estate.
Three of tho trustees, James S. Angus,
Louis G. Bresse and Thomas Crothers,
disclaimed in their answer any in
terest as individuals, but pleaded that they
were trustees for the heirs named in the
will and their only claim was as such
trustees while probate of the will was pend
ing. On this answer The plaintiffs moved
for Judgment on the pleadiugs on the gen.
eral ground that they did not state facts
sufficient to constitute defense, and the
court granted the motion. But w. 5.
Goodfellow, the fourth trustee. filed sep
arate answer, in which he denied that
Charles Fair or his sisters are owners of
the property or have any right or title to it.
He alleges that the trustees are owners
of the property in trust for the uses men,
toned in the will. The question now at
issue is, and all that Charles Fair, Virginia
Fair and Mrs. Hermann Oelrichs have to
prove, is that their father was owner of the
real estate and that it descended to them
on his death. The court holds that the
trust was invalid, not because it unduly
suspends the power of alienation, but be-
cause it is a trust created in that it is. to
transfer and convey the remainder after
the death of Fairs children, which trust
the law of the state does not permit to be
created.
Fairs children, therefore. have secured
decision that their fathers will, in so far
as it deprives them of the remainder of his
real property. is absolutely void.
The allegation of Fairs children is that
they are owners of the property in ques.
tioii, and they are compelled in order to
show this that their father owned the prop
erty, that he died without having disposed
of it, and that they are his children 1t is
on single point, the denial OF the chill
dren's allegations that they are the owners
of the property and that Goodfellow's an
swer holds good. These points proved,
there seems little to stand between Fairs
children and their enjoyment OF their
father's millions.
Over SIC. .OOO, 900 of the Fair estate is in
government bonds and there Is geat deal
of other personal property, SO the trustees
will earn fat fees in despite Judge Slack's
decision.
Charles J. Heggariy. the attorney for
Charles Fair, was enthusiastic over the
victory.
I'VE shall now proceed" he said, ito
probate the will without the trust clause,
and if it shall be admitted to probate the
estate will be distributed directly to the
children"
He was asked what effect the penciled
will would have upon the case. He said it
might give rise to complications, and he
did not know whether there would be any
attempt 10 probate II.
ALI the attorneys agree that the penciled
will might give rise to serious complica-
tions. Those who originally insisted that
it was the last will and should be probated
are now iukewarm in its support.