The San Francisco call., 1896-04-09
Charles Fair Would Make Friends
With Those He Lately
Charged With Fraud.
ARE DIsREGARDEI
A Philadelphia Lawyer Would Go In.
sane Trying to Unravel This
Tangle.

the files of newspapers and legal docu-
ments pertaining to the Fair will tangle.
He draws inspiration, he says, from the
last move Of Charley Fair in renouncing
the will OF the 24th-the will which lately
he was swearing by.
Listen to this said DR.. Levingston
yesterday. DR.. Levingston, by the way,
was the attending physician in the last
illness OF James G. Fair. THE son and
daughters Of Senator Fair filed petition
for the probate of the will of the 24th-the
pencil willard a few days later, on Au-
gust Is, 1895, Charles L. Fair personally
filed an affidavit attacking the gen uine-
ness of the earlier will of the 21st, in
which be says, over his signature and
under oath, this:
do now and here deny the genuineness OF the
will dated September 81, 1894, and also deny
the due execution OF that alleged will, and do
now deny, upon my information and belief
that 1t IS the purported copy OF any will ever
made by James q. Fair, deceased.
"That was less than year ago, and yet
this was the will that few weeks ago he
and his attorney and his sisters and their
attorneys were asserting to the probate of.
ITO merely glance at the shifting posi-
ton of Mr.. Fair and his attorneys in this
business, covering little more than
year, is most interesting" continued the
doctor.
Senator Fair died December 2s. 1894,
and few days later the talk of contest
of the will then presented, that of the 21st
of September, began. Charley Fair at
once, and before the arrival OF his sisters,
spoke of the will as peculiar.
Talk Of contest was at first hesitatingly
done because of the so-called forfeiture
clause. which forbade contest on pain of
disinheritance. On January II, however,
in court, George knight, his attorney.
clearly foreshadowed the contest. That
petition signed by Charley FAIR alleging
that the trustees, Goodfellow, Angus,
Breese and Crothers. and Pierson and
Mitchell, were said to have other papers
purporting to be the last wills OF Senator
Fair, and asking that they be required to
produce the same in court.
"a week later these gentlemen fled their
reply in the form of an affidavit declarin
that they had not then, and never had,
any such wills.
THAT same afternoon the will that had
been filed disappeared from the Office of
the County Clerk.
"On February s. 1895, Charley Fair, talk
contest said: Whatever l do in this mat
ter I shall do on my own responsibility
and without any collusion, financial or
otherwise, with my sisters or other heirs.
[ will take all the risks
What purported to be copies of the
stolen will were offered by attorneys Of
the executors or trustees, and this was op-
posed Mr. Wheeler declared the copy
offered to be not true copy, as IN it were
discovered many important discrepancies.
Mr.. Heggerty also said the discrepancies
were very important, as they change en-
tirely the course of the descent OF some OF
the bequests, and even raise a serious
doubt as to some of the legacies.
''All this is important" said Mr.. Lev
ingston, las showing the character of the
will originally contested, and the attitude
of the heirs and their counsel toward it.
And yet after it all they were preparing
and are now anxious TO have this will pro-
bated.
''In an interview published March II,
1895, Reuben Lloyd said: There is to
be no quobling or trickery about this pro-
ceeding: it is to be straight contest.
This will favors the trustees rather than
the children of Senator Fair. Charley
Fair is practically left out. He has every
thing TO gain in the contest, little to lose.
''Ihe will of the oath was brought for
ward on the 18th OF March, 1895. In pre-
senting it to the court Mr.. Lloyd said:
In this matter. shortly after the death of
Senator Fair reports reached the of his chill,
dren that their father had made a holo-
graphic win. These reports were followed up
and in several instances found to come srom
Senator Fair himself. 1t was learned that he
had told different persons that he had made a
will He told them that he had written the
made for " this w viii, but just 'Ish Where "i It
had been deposited it was impossible to dis
cover until an accidental remark revealed the
fact TO the heirs that it had been left in the
possession of q lady who, will say, is WELL
widely and most favorably known in this
City. This lady was reluctant to have her
name dragged into the case on account Of the
notoriety, and naturally shrank from having
her name known, but finally, on the advice of
win TO the children of Senator Fair, she gave
itup.
"After describing the manner in which
the will had been brought to light Mr..
Lloyd presented it to the court, with this
statement: This is Photographic will,
executed in the presence of two witnesses,
who will be brought into court at the
proper time
''He then presented will signed by c. L.
Fair, Teresa Able Oelrichs and Virginia
Fair, and signed also by knight & Heg-
gerty, attorneys for c. L. Fair; Lloyd g.
Wood, attorneys for I. A. Oelrichs and
Virginia Fair, and CARRIER, Boalt & Bishop
and Wilson d Wilson, as counsel for the
petitioner.
THAT was the petition Charles L. Fair
has now petitioned the court to deny.
Later on the day of its presentment Mr.. |
Knight said to reporter, referring to the
newly discovered will:
Charley Fair was so very positive that |
such will was in existence that we all |
came to believe it. The three children
have joined in petition for the probate |
of this will andlthey are a unit in their |
Judgment that 1t is genuine. The girls |
recognize the handwriting and the sigma
ture and have no hesitancy in declaring it |
to be genuine. We have compared this !
win with no end OF samples of his hand
writing and the resembl blance Is through.
out. The will bears inherent evidence of
its genuineness, even If the proof of its ex.
ecution and signing were not SO over
whelming.
ut rather makes one smile remember
ing this to see Mr.. Knight quoted as say.
ing, as he has within the past few days.
That he never did believe in the pencil
will Only few weeks ago all these peo.
pie were united in their renunciation of
this will and in favor of the probate of the
earlier will.
"Butto go on with the history, continued