The San Francisco call., 1896-04-15
"|S NOT WHAT IT SEEMS"
DR.. Levingston Explains His
Understanding of MIR.
Knights Words.
Charley Fair Is Playing for Time
With the Best Wishes of
His Sisters.

DR.. Marc Levingston, gIancing yesterday
over the last reported proceedings in court
in the Fair will case, was apparently much
amused.
George Knight, I see, has informed the
court that the change of front is not as
serious as it appears said the doctor
"Mr. Knight is wrong about it. 1t is just
as serious as it appears--to us at
least. For it neither is nor ap-
pears serious at all. On the contrary
it is the most arrant and transparent trif-
ling with the dignity and majesty of the
law and the court. Mr.. Knight is simply
playing for time. He says that Charley
Fair and himself have become convinced
that the will of tie oath, which they lately
declared to be the only genuine will, is
instead, rank forgery. He saws that he
has such abundant proof of 1t that he will
not only prove it to the satisfaction of the
court, but will convince me or my attor-
neys. If that be true why cannot they try
it on the other heirs, the Fair sisters, and
having convinced them, array the united
army OF lawyers against this later will?
Hitherto the heirs have been one in
their contest. 1t is not to be supposed
that Charley Fair is concealing the facts
about the pencil will from his sisters; that
he has entered upon serious contest Of
lue Will dlUHe Uy MS own CHOICE. II,
then, they know all that he knows about
the pencil will, it appears that the facts
have not been sufficient to convince them
that 1t is forgery, and they stand out
and refuse to contest. Last Friday, in
deed, they filed demurrer to the contest
of this will set up by Van r. Paterson on
behalf of Herman Oelrichs Jr., which in
effect gives distinct notice that they still
stand on this will.
What does it all mean then? Has
Charley Fair broken with his sisters, after
having taken chances on that disinherit-
ance clause OF the earlier will? Has he
now entered a serious contest of the later
will that was his hope and anchor, and
this on evidence that all the others refuse
to accept2 Is that likely?"
'No; Mr.. Knight has said it is not Sc
rlous- 1t Is quite plain to me that this is
all prearrangeu-a mere play upon the
boards, determined upon after weeks of
consultation between all the parties. 1t is
an eXtravagant, | may say, grotesque,
position for client and lawyers to take,
but, as | say, it was determined upon
after the utmost deliberation as the only
thing to be done III Their desperate straits.
This is the reason for it. These people
have determined to keep in position to
make the best of either will. What they
objected to in the earlier will was the trust
clause. Pending their legal juggle to cure
1t of that feature the later will was brought
forward. l was announced as an executor
of thatw l knew nothing of my hav-
| ing been selected to that trust until it was
announced by Mr.. Fair himself.
''Well, they cured the earlier will of the
trust clause. An independent action
brought in court resulted in its Being de-
clared void. Having arranged with all
parties that no appeal should be taken
this will was about to be probated when l
stepped forward, as executor of later
will. to protest. My counsel urge