The San Francisco call., 1896-11-17
DR., MARC LIVINGSTON ENDS
THE BIG FAIR CONTENTION
By Mastery Strategic Move, He Allows the
Earlier of the Two Wills to
Go to Probate.

moneys of the estate will be banked, to be
drawn upon your Honor's order, except
$50, ,000."
At the office of Delmas d. shortridge the
following statement of the situation was
made:
The central idea involved in the proceedings
to-day was that it would have been IDLE for
DR.. Levingston to have insisted u pom the pro-
bate OF this will, the genuineness OF which
he has never doubted.
Before this will was brought forward the
children OF Senator Fair were confronted with
q trust will. obnoxious, by its provisions, to
them. The pencil will was then brought for
ward by them, and at that time, so great was
their anxiety to have the trust Will set aside,
that before they had seen the pencil will they
agreed among themselves to pay to Mrs.
Craven half million dollars to settle all OF
her claims against the estate, provided the
Will of which she told them was genuine.
After they had seen II they were fully con-
vinced of its genuineness, and did not rest
their opinion upon fancied similarity of the
writing of the will with that OF their father,
but submitted II to every expert in handwrit-
ing in San Francisco, and TO the different bank
clerks and business men who were acquainted
with Fairs habits of writing.
For months aiterward they constantly as
serted its genuineness, and no later than this
morning they hoped that the pencil will
would be pressed for probate by DR.. Leving-
ston. They were not sure that the decision OF
Judge Slack declaring the trust of the trust
WI WIZ hOOA0 Oc upuS2O Ny buc supreme
Court.
We have learned that it has been stated To-
day that an arrangement has been made with
the trustees named in that will under which
no appeal will be taken from Judge Slack's de-
cision. After that decision was rendered
Charles L. Fair. thinking the decision was
hnal and seeing way by which he might
avoid the promised payment TO Mrs Craven,
attacked the pencil will. He has never been
fully joined in this attack by his sisters Their
active support of the pencil win was not with
raj
1t has been stated that the action of Dr. Lev
lngston was an evidence of compromise on his
part with the children of Senator Fair. This
IS absolutely untrue.
1t has also been stated that his action was
prompted by lack of faith in the genuineness
OF that will, and that it was precursor of a
similar withdrawal of Mrs. Cravens support
OF the deeds. This is equally untrue.
Opposed by all of the heirs and devisees.
with the Fair millions at their command no
jury, however honest it may have been, could
have found verdict in favor of DR.. Leving-
ston, who would have appeared to be fighting
only for the comparatively small fees to which
he would be entitled as one of three execu-
tors. The expense OF the fight would necessa-
rily have had TO be borne by him, with almost
certain defeat at the end of a long and expen-
sive fight.
Mrs. Craven was not directly interested in the
will, verdict against the will would have
been disastrous to her in enforcing her rights
under the deeds
He did the only right thing which he could
do under all or the circumstances, and with
drew his petition for the probate OF the pencil
will.
The claims of Mrs. Craven under the deeds
will be pressed with the utmost vigor.
Following is the whole text of DIR. Lev.
ingstons statement in conjunction with
the statement of withdrawal of the pe-
tition.
In the Superior Court of the State of Cali
fornia, in and for the City and County of San
Francisco.
In the matter of the estate of James G. Fair.
deceased.
In the matter of the contest of the probate of
the Will OF said James G. Fair, deceased bearing
date September "a, 1894, and propounded for
probate by Marc Levingston, named therein as
executor.
In taking in this proceeding step VIII ich, If
unexplained, might be either misunders TODD
or misconstrued, deem it proper TO state the
reasons which impel me 10 the course which l
am about to pursue. I do so with the less
doubt OF the propriety of such an explana-
ton, since an executor, from the moment he
appears in an estate, is, in a certain sense, a
servant of the court and under blgation to
render il an account of his conduct.
1t will be my aim to set forth in this state
ment how, having orig ginally joined the chill
dren of the late Senator Fair in their petition
for the probate of his last will, l may now con-
sistenIly follow them in their withdrawal
without being thereby impliededly held to re,
pudiate said will, or in any manner to sane
tion or approve the reasons by which they are
apparently Influenced,
James G. Fair died on the 28th of December
1894. A few days after his death there was
presented here a paper, dated the 21st day of
september OF the same year. purporting TO be
MS last VIII. Accompanying this paper was a
petition OF the TOUR persons therein named as
executors and trustees praying tor its pro ba te
This Instrument has commonly been known
as the trust will
That the provisions of this testament were
distasteful TO the children of the deceased is a
matter OF public notoriety. So outspoken was
their dissatisfaction that ii was openly stated
that the trust feature of the will was in antag-
onism with the settled and repeatedly pro-
claimed purposes of the deceased; and no con-
cealment was made of the grave doubts enter
tained that the will was fraudulent and snu
rious. 1t was also publicly declared that the
will should be con infested.
On the 9TH of February, 1885 one of tho
counsel for the children, as reported in the
Chronicle OF the next day, made the following
statement here:
We do not allow this will (the trust win to 90
be filed. Before two weeks, or at the ex-
piration OF that time. contest or opposition
will be filed in this matter.
On the I'd of March of the same year one ot
the attorneys for Charles L. FAIR as reported
in the Chronicle of the following day, said in
open court:
will state at the outset that IL is the desire and
intent OF Charles l.. Fair TO contest the document
last Will and testament of his father James
Graham Fair.
In the Examiner of March 1S one of the at.
torneys for the daughters of the deceased
made the following statement:
There Will be no quibbling or trckery about this
matter Instead, straight and fair contest will
be made do not think the trial will be
a long one. We go into court tomorrow fully pre-
pared and shall push affairs a quick conclusion.
The time necessary in which 10 put in evidence
Will not be long; the argument will be short. We
shall ask for no further delays, will delays be
tolerated unless absolutely necessary.
While matters were in this condition and
the children were preparing thus 10 attack
the trust will. on the 18th OF March, 1895. a
new will, written, dated and signed wholly by
the hand OF the deceased, was presented here
In bringing it into court one of the attorney Y s
for the daughters Theresa A Oelrichs and
Virginia Fair, made the following statement:
In this matter, shortly sfter the death of Senator
Fair reports reached the of his children that
their father had made holographc Will These
reports were followed up, and in several instances
round TO come from Senator Fair himself. Ii was
learned that he bad iod different persons that he
mad made WILL He told them thst he had
written the will himself and a now he had dis
posed OF his property. Tearch made for this
wil but jus. wht re IL had been dtpo .ited IL W as
impossible TO discover until accident al remark
revealed the fact To the heirs that IL had been left
In the possession Of lady who, viii say, is we'll
widely md most iavorably known in this City
lfrCfu n