The San Francisco call., 1896-04-25
JUST A LITTLE FENCING.
The Lawyers in the Fair Will
Case Assemble and
Disperse.
The Demurrer to Paterson's Opposition
Only Partially Argued and No
Conclusions Reached.

The army of lawyers in the Fair will
case marched INTO court yesterday, and
then marched out again-all except Del
mas & Shortridge. They were con-
spicuous by their absence.
The business was the argument upon
the demurrer of the daughters of Fair to
the opposition of Paterson on behalf of
the minors, and with regard to this par
ricular matter Delmas & Shortridge dis
claim any interest. To be sure Lansing
Miner was there to note the proceedings
in the interest of DR.. Livingston, but the
demurrer is looked upon by the doctor
and his counsel as side issue.
Ex-Judge Paterson was little tardy
and the last to arrive, and when he came
he stated to the court that he had, but
the day before, been served with the de-
murrer to the amended opposition, and
that he desired at least week to look
over it.
Mr.. Wheeler said there were few new
points in the answer that would require
study. He said that he himself was ready
to proceed.
of Delmas & Shortridge, but Mr.. Wheeler
said they were not interested in the busi-
ness in hand.
HeeleT lnen went On TO run over Cne
points of the demurrer, and laid special
stress upon the inoapacity of Paterson to
oppose the probate of the will of the Oath,
for the reason that his clients have no in
terest i'll his so doing.
Even if the one will give to his clients
$4,000 and another will give them $40. 900,
said Wheeler by way of illustration, it did
not follow that he had a right to contest
the validity of the will that gave them the
lesser amount. 1t was for the court to
say which was the real will on the facts
presented in the ex-parte presentation of
them. But in this case, he said, the clients
of Paterson were best served in the later
will-the will of the Oath gave them more
than did the will of the 21st. II take it,
therefore, that the court will not allow
this contest to proceed simply because the
minors see fit of themselves to contest"
Then he proceeded to his strongest
point-that the children of Andrew and
William Fair, for whom Judge Paterson
appeared, have no interest, because the
interest of their parents intervenes. The
will provides that certain portion OF the
estate shall go to the brothers of James G.
Far, and after that to their children.
There was no allegation that William or
Andrew is dead, and consequently, he
held, their children had no interest.
The other objections were technical !;
that the allegation as to the republication
Ol Tue Will OI the ZlSJ WAS UOG supported
by facts or allegations of facts, etc.
1t was evident that Garret McEnerney
took a seat beside Judge Paterson and con-
suited and advised with him during the
entire proceedings. Mr.. McEnerney repre-
sents w. S. Goodfellow and the trust will.
Mr.. Paterson said he did not wish to go
into full answer to Mr.. Wheeler at this
time, but he thought the latter's points
were not we'll taken. He contended that
he paterson or his clients) opposed the
will OF the oath because be believed it was
not only not the last will of James G.
Fair, but was no will; that the will of the
21st was the last will, land that we take
under it." as Mr.. McEnerney suggested
soto voce.
When all the parties get their interest.
if they ever shall.' said Judge Paterson,
''in the judgment roll that is made up on
this document, the will of the 24th will be
found first disposed of, and it is our place
to put ourselves right upon it; that is why
we present our opposition"
Mr.. Paterson asked that further consid-
Grafton of the matter go over for one week.
The court asked for more light on the
proposition as to the interest of the chill
dren of Andrew and William Fair as Mr..
Wheeler had presented it. The court said
he did not see much in the other points.
Judge Paterson said that if the will of
the Oath was to be considered at all. there
was no question as to their interest. He
would be able to enlighten the court if a.
little time were given. The court then
held the matter over for another week