The San Francisco call., 1896-08-11

ton and belief states the fact to be- tn at at all
said times hereinabove mentioned said Vir-
gInia, Theresa and Charles were most anxious
10 have said will admitted TO probate, but tnat
thereafter, for the purpose of avoiding certain
obligations to become incumbent upon them
upon the probate of said Will, said parties col
luded together for the purpose of securing the
probate of prior will of said James e. Fair,
which is dated the 21st day of September
1894, and which they well knew not to be and,
in fact, had solemnly and repeatedly averred
on the record not to be the last will of said de-
ceased, and not to be a genuine Instrument:
that to accomplish their said end it was agreed
that said Charles L. Fair should withdraw his
aforesaid petition for the probate of said will
of September "a, 1894, and filed written
grounds of opposition to the probate thereof,
but that said Virginia and Theresa, who are
his sisters and constitute with him the children
of said deceased, should not Withdraw their
aforesaid petition for the probate of said will,
but should appear in saio proceeding as de-
PENDANTS to said written grounds of opposi-
contest of their said brother should be such
merely IN form and should be made in reality
with view to defeating the probate of said
will; pursuant to said collusive understanding
said Virginia and Theresa on the 5th day Of
August, 1896, filed their answer to said
grounds OF opposition, and to other grounds of
opposition filed by Van r. Paterson, ESQ.,, on
behalf of certain minors; in which said
answers they aver that they have no informa-
ton or belief upon the subject whether said
document of September "a, which afiant has
propounded as the last will of said deceased
as hereinabove stated, was written, dated or
signed by said James G. Fair, or whe ther it is
in his handwriting, or by his hand, which said
answer is in direct Contradiction of the petition
still on file, signed and presented by said
Virginia and Theresa, wherein they affirma-
lively and positively aver and represent to the
court as fact that said document, dated Sep
tember "a, 1894 was wholly written, dated
and signed by James G. Fair, and is in his
handwriting and by his hand; that this attl-
tude of said Virginia and Theresa is intended
to defeat the petition of afiant for the probate
of said will of September "a, as aforesaid by
making said Virginia and Theresa the osten-
sible allies of affiant upon the trial of the
issues arising upon the contest OF said will
and enable them in reality to Illustrate ali
his attempts TO secure said probate, by giving
the real contestants of said will, to wit: the
aforesaid children of said deceased the bene-
fit of practically controlling for their own pur-
poses and shaping to their own will both sides
of said contest.
And affiant further AYERS that Justice and
good faith require that since said Virginia
and Theresa no longer desire the pro bate of
said will they take their stand with the con-
testants thereof and cease to appear as petit
tioners for its probate in ostensible opposition
of said contest.
And further afiant sayeth not.
MARC LIVINGSTON
Subscribed and sworn to before me this 10th
day OF August, 1896.
IsEAL.1 MILTON S. LATHAM,
Notary public in and for the City and County
of San Francisco State of California.