The San Francisco call., 1896-04-08
He Is in Opposition Now to
Both of the Fair
Wills.
ALL IN a VERY QUEER TANGLE
The Sisters Remain Aloof and Will
Watch the Fight From Neutral
Grounds.

Charles L. Fair went into court yester-
day and signiied his intention to fight the
will OF his father dated The oath of Sep
tember, better known as the "pencn will. !"
BY so doing he deliberately placed himself
in waiting for total disinheritance, for
he is now in opposition to both wills and
he must lose if either of them win.
His action has created amazement all
down the line of laymen and lawyers who
learned of it, and who have kept the shift
ing situation of the Fair will contest suffi-
GENTLY in mind to follow its import.
This move has been under consideration
by Mr.. Fair and his attorneys for few
days only. A new reading of the pencil
will, which they favored so hotly
and volubly and unanimously for
SO many months. is the cause of the re-
nunciation of it, and Mr.. Fair now finds
himself in position of antagonism to
both wills and to every other individual
and interest connected with his father S
estate and fairly iii the middle of broad
road toward disinheritance.
The action taken yesterday was no less
than a withdrawal of the application
made by Mr.. Fair and his sisters for the
probate of the will of September "a and the
filing of a notice of contest of that will.
In other words, complete reversal of his
attitude toward it-a blowing cold where
hot was blown.
This will of the oath was brought for
ward by Charles l.. Fair, his sisters and
their attorneys. In presenting it to the
court with their petition for its probate
they declared their belief that it was the
last will and testament of James G. Fair; !;
that it was written throughout by his own
hand and signed by him. This was re-
peated over and over by way Of emphasis
and sworn to by all parties.
More than that, they secured the written
testimony of all the friends and intimates
of James G.. Fair, over 100 in mum Der, that
the pencil will was in his handwriting,
thus clincbing the matter so that the op-
position could not controvert it.
In the withdrawal and contest filed yes
terday Mr.. Fair-for he acts alone, inde-
pendent of his sisters-with knight e.
Heggerty for his counsel, takes all that
back. He says that when he filed the petit
ton for probate he cid believe all he then
said, but has since changed his mind, and
therefore asks leave to withdraw the petit
tion for probate and file contest in its
stead.
What has caused Mr.. Fair to change his
mind?
OF course, it cannot be stated as an abb
solute certainty, but it is fact that he
has, since Delmas & Shortridge began the
contest for DR.. Levingston, come to new
understanding of the terms of the pencil
will. Under the trust will-with the trust
Knocked out-each of The three Fair chill
dren got a third of the estate. Under the
pencil will they would get but fourth.
This fact seems 10 have remained con-
cealed to Mr.. Fair and his attorneys under
the following provision in the will:
The residue of my estate, property of
every description. L give and bequeath
to my children, Theresa A. Oelrichs,
Virginia Fair and Charles l.. Fair,
share and share alike, and to their
children forever.
Now it so happens that Mrs. Oelrichs
has son and under this provision, so the at
tornevs for DR.. Levingston have estimated,
he would come in for on equal share, max
ing the division into four equal parts. 1t
Is this discovery by Mr.. Fair at this late
date that is supposed to have influenced
him 10 take the hazardous steps of con-
testing the will which he himself set up
which he himself set upas weapon with
which to contest the earlier will.
Mr.. Fairs action of yesterday is esti-
mated by attorneys generally as the act of
a man who has lost his head-who is
frightened and does not know just what to
do, and therefore does damage; goes about
breaking vases and fower-pot in his ow n
garden.
His sisters have not Joined him in the
action. They have thought better of it,
and stand aloof willing to allow the others
to do the fighting.
The contest was already on, precipitated
by Van r. Paterson, representing the son
of Mrs. Oelrichs. 1t could have been
fought out by him as against DR.. Leving
ston, and the decision, reached without
the declared hostility of Charles Fair,
would have worked tie same, and, so far
as he was concerned, without burning his
bridges 1t is evident that the sisters in
tend TO remain on this neutral ground, re-
manning mere lookers-on at the tight.
Charles Fair throughout the contest has
presented a most remarkable spectacle of
changing base. In the first instance,
Joined with his sisters he opposed the pIo-
bate of the will of September 81 and
brought forward the will of the 24th as the
real and genuine last will and testament.
Then 10 test the trust clause of the will of
the 2Ist he brought suit under law made
to order for the purpose for the
possession of the Lick House property.
The trust clause was decided by
the lower court to be invalid. That
removed nearly all objection to the
earlier will, and all the heirs were now
ready to accept it. When it was found
that DR.. Levingston, named as an executor
OF the will of the oath, intended to insist
upon the probate of that will, III view of
the united Endorsement by all of the chill
dren, Charles Fair Withdrew his opposi.
sition to the probate of the will of the 21st
The last shift is to withdraw his petition
for the probate OF the will of the Oath.
Thus he stands in opposition to both
wills, one of which is Endorsed by the trus-
tees and the grandchildren and other
equally remote relatives, and the other