The San Francisco call., 1896-04-08
WITHDRAW LAND CONTEST
Contents Of the Two Documents
Filed Yesterday.

NOnt0ntS or the Two DoCuInculS
Filed Yesterday.
The withdrawal and contest were filed
by Charles Heggerty yesterday afternoon.
The application for leave to withdraw Is
as follows:
Now comes Charles L. Fair and respectfully
represents to the court as follows:
That on the 18th day of March, 1895. GER
tain writing bearing date the Oath day OF
September, 1894, and purporting to be the last
will and testament of said James q. Fair, de-
ceased, and purporting 10 have been entirely
written, dated and signed by said James &.
Fair, deceased on said Oath day OF September.
1894 was filed in this court by this petitioner,
Charles L. Fair, and his sisters, Theresa A.
OelrichS and Virginia Fair, together with
their petition, wherein they did allege and
state that said writing was the last will and
testament of said James G. Fair, deceased, and
that it was entirely written, dated and signed
by him, and wherein they did petition and
pray said court TO admit and allow said writing
to probate as the last will and testament of
saio James G. Fair, deceased, and that letters
of administration with the said will annexed
be thereupon issued to them; that such pro-
ceedings were thereafter and upon said petit
ton had and taken in by said Superior Court
that the said petition had been continued for
hearing from time to time and is now pending
and undetermined and SAID alleged Will has
never been admitted to probate.
That at the time of filing said writing bear
ing date the Oath day of September, 1894, and
at the time of filing said petition for the pro-
bate thereof, as the last will and testament of
the said James G. Fair, deceased, this petit
toner then believed, as far as he had been
able to ascertain of, about and concerning
and examining the said writing, that it WAS
the genuine writing of. and was entirely
written, dated and signed by said James G..
Fair, deceased. and was his last will and testa-
ment: and acting upon and under such belief,
petitioner joined in and became party to the
said petition for the probate of the said writ
ing dated September "a, 1894.
That subsequently to the said 18th day of
March, 1895, petitioner was informed and be-
came, and now is honestly and fully convinced
and satisfied, and verify believes, and upon
such information and belief petitioner here
and now alleges that said writing dated Sep
tember "a, 1894 purporting TO be the last will
and testament of said James G. Fair, deceased,
and filed by this petitioner and his sisters in
this court on March Is, 1895, together with a
petition for its probate, was not and is not the
last or any will of said James G. Fair, de-
ceased, or in his handwriting, and that the
said alleged will was not and was never either
on September "a 1894, or at any other time,
written or dated or signed by said James G..
Fair, deceased, or in his handwriting or by his
hand.
Wherefore said petitioner. Charles L. Fair,
does hereby and now withdraw the said petit
ton, and withdraws his name from and his
consent TO said petition far as he is con-
cerned, and requests and prays the said court
to permit and allow such withdrawal, and to
dismiss and deny the said petition, and for
such other order as may be proper in the
promises. And to refuse and deny probate of
said alleged will of September "a, 1894. Dated
April z, 1896. Charles l.. Fail, petitioner;
knight & Heggerty, attorneys for petitioner.
The contest to the will sets forth first the
main allegations of the withcrawal when
the pencil will was filed, and what proceed
ings had taken place, and then follow the
allegations that the will is not in Fairs
handwriting, nor did he ever sign or date
it. The document concludes as follows:
Wherefore, this petitioner and contestant,
Charles L. Fair, prays and petitions as follows ::
First-This petitioner. Charles L. Fair, does
hereby and now withdraws his said petition
to probate said alleged will of Septem ber "a.
1S94-withdraws his consent and signature
thereto, and prays the court to allow such
withdrawal, and to dismiss and deny the said
petition in SO far as he is concerned therein
and party thereto, and to strike his name
from and out of said petition for the probate
of said alleged will.
Second-This petitioner prays that the said
alleged WILL bearing date September "a, 1894,
and the whole thereof, be adjudged and de-
creed not to have been written on date or
signed by the said James G. Fair, deceased, and
that it be denied probate as the last will, or
any will of the said James G. Pair, deceased
and that the said petition filed by this petit
toner and his said sisters, and the petition
filed by Marc Leyingston for the probate of the
will be denied.
Third-For such action and further order,
judgment, process, decree and relief, both gen.
eral and special, as may be necessary and
proper in the premises