The San Francisco call., 1896-11-17
With Only the Administrators
Fees at Stake Further Liti-
CATION Was Held Useless.
D. M. DELMAs' sCATHING WORDS
Mrs. Craven's Suits 10 Recover Under
The Deeds From Senator Fair
Still to Be Pushed.

And after years of preparation, the as
sembling of q library of legal documents,
motions, demurrers, and all the rest OF it.
working upward toward the climax of a
spectacular and theatrical trial at court.
the gathering together of the forces OF
both sides, cloud of witnesses, panel OF
Jurors ready for the beginning of the bat
tie, the great Fair will case like a dissolv-
ing view passed away in an hour before
Judge Slack yesterday morning.
D. NJ. Delmas of Delmas & Shortridge,
on behalf of Marc Levingston, withdrew
his petition for the probate of the famous
pencil will, and in stating his reasons
made scathing arraignment of the chill
dren in the contradictory positions they
have taken.
And thus ended the great contest of the
Fair will. Once entered upon the trial
would have dragged its slow length
through half a year. perhaps. 1t was dis
missed by this quiet process in less than
an hour, and the Fair will of the 21st is
now fixed and confirmed.
This, however, does not by any means
dismiss the litigation in which the Fair
estate has become involved since the Sena-
tors death. Mrs. Craven still claims the
half million dollars worth of property
under the deeds alleged to have been
given her by Senator Fair. The suits for
recovery of the property will. say her at
torneys, be pushed as vigorously as possi-
be. The half-dozen cross-suits incident
to that claim are also pending.
In withdrawing his petition for probate
of the pencil will DR.. Levngston, through
his attorneys, Delmas & Shortridge, re-
views the changing attitude of the heirs
and their attorneys concerning that docu-
ment. The paper, although using no ad-
jectives and merely stating the. history of
their relationships to it out of their own
mouths, still constituted such an arraign-
ment of the other side as caused the little
army sitting there at the counsel table
visible uneasiness under Delmas' cold, in
cisive reading.
In explanation of why he (Dr. Leving-
ston), the executor of the will, should
withdraw his petition instead of going for
ward with the fight for its probate he told
the story of how the heirs had first pro-
duced the will, asked for its probate, and
then afterward, one by one, withdrew
that petition and, one by one again, ar
rayed themselves in opposition to it. leav-
ing him alone 10 present its claim to the
court.
He held that it would be in bad taste for
him to insist upon the probate OF will
which was opposed by all the heirs under
that will. The heirs had the millions of
the Fair estate to back them in their op-
position to him. Success Or failure on his
part meant large outlay of money which
he did not feel justified in making. For
these reasons, while still holding firmly to
his BELIEF in the validity of the will he
withdrew his petition for its probate.
incidentally, too, he said that failure to
establish the validity of the pencil will
would work hardship to Mrs. Nettie R.
Craven, who presented the will, and
whose suits to recover under two deeds
from Senator Fair for very valuable prop
erty are now pending.
When Delmas ceased reading George
Knight Immediately asked for judgment
under the withdrawal and for the dismis-
sal of the petition.
Judge Slack gave judgment.
GarreI McEnerney Immediately called
for the admission to probate of the will
of the 21st-the trust Will.
Delmas said that he was the only one
who had objected to the probate and he
would withdraw that objection.
Judge Paterson asked for the probate
upon behalf CT the minor children.
The will was admitted to probate with
out more ado.
Judge Slack called attention to the fact
that there were forty jurors who had been
summoned and who must be paid. Under
a rule of the court this pay must be levied
upon the parties withdrawing the suit
he would not allow it to be levied against
the estate.
Garret McEnerney and others interested
for the trustees of the will OF the 21st
seemed disposed to argue against the ap-
plication of the rule in this case. AL
though the court would not allow this it
sis understood that they and not DIR. Lev.
ingston paid the bill.
George Knight seemed TO think this was
diaposing of the big case too easily and
also was fretting under the tone OF Del
mas statement of withdrawal, for he in
.terrupted the proceedings to say to the
court: 1--WE stand here ready, your
Honor, to demonstrate that this pencil
will is forgery"
THE matter is all disposed Off, said
McEnerney.
But if the court wants light on the
subject" said Knight
''fhe petition is dismissed" ;" said the
court quietly. "Are there anv bonds re-
quired of the executors? ?" asked the court
of McEnerney.
"No bonds" was the reply. "The