The San Francisco call., 1897-07-31
LLOYD Showed
HIS CONTRACT
~--+:
And Thus Mrs, Craven's
Attorneys Had Their
Revenge.
Mrs. Oelriohs Is to Yield Five
Per Cent of What He
Receivers,
Mr.. Lloyd. Escaped Having to Say
Whether or Not He offered
: hrs. Craven Money.

There was u deal of snickering and
sneering among the host of legal talent
the moneyed side Of the
great battle being fought out in Judge
Slacks court when, some weeks ago, 1t
was brought out by Witness Aitken's tes-
timony that Mr.. Delmas' principal COM
pensation in the case was to be contingent
upon victory for Mr.. Craven. They ar
gued to themselves that they had good
joke on the celebrated advocate.
Buta turn about is only fair play.
After two DAYS hard fought battle Mr..
Delmas succeeded yesterday in forcing
Reuben h. Lloyd of he law firm OF Lloyd
&, Wood, and the ch e representative OF
the heirs, to produce in court his contract
with Mrs. Oelerchs, daughter IF the late
Senator Fair. The document was inter
esling, for it showed that Mr.. Lloyd and
his partner were a,so dependant upon
contingent. The contract IS as follows:
This indenture. made and entered into this
9th day OF February, 1898, b. and between
Theresa A. Oelrichs ana Virginia Fair, parties
OF the first part, and Reuben Il. Lloyd and
william S Wood, composing the law firm OF
Lloyd Il Wood, parties OF the second part, Wit
nesseJu that,
WHEREAs, The parties OF the first part are
daughters and heirs at law OF James Graham
Fair deceased; and whereas, said parties OF
the first part are desIrous OF obtaining the pro-
fessional services and assistance OF the said
law firm-oiLloyd 4 Wood in establishing and
protecting the rights OF the said parties of the
first part in and 10 the property and estate.
real, personal ana mixed, lett by the said
James Graham Fair, deceased, and in aud to
The rents issues, prof Is, income and accumu-
lations thereof and thereon, whether such
rights have s1ready accrued or are accruing,
or shall hereafter accrue 10 such parties OF the
first part, andwhether the"same are or shall
be acquired as heirs AT law of said deceased or
as legatees, devisees, benehciaries or annu-
itanIs under any instrument which may be
duly proved. to be and finally established as
the LAST will: and testament OF said deceased; {;
and whereas, the said parties OF the second
part are Wtlling to accept the said employ
menr Tor the remuneration hereinafter set
forth::.
Now iherefore, thHs. .iudenture witnesseth :
Tnat:lQr and In Consideration OF the premises
aud 0f .thecovenapts and provisions herein
after contained, the said parties hereto have
coyenanted, sgreed and. bound themselves,
and do hereby covenant, agree. and bind
themselves, as follows, to witt
pa ties Of the first part do hereby re-
tain and<em ploy the; said: firm o.: Lloyd IL
WOOD, parties of-the SECOND part, as their
attorneys: and cOanseloCs 81 laIe, for the pur-
poses aheretra bove recited, and the: said party
OF the secoud.pRrt do hereby acceptsuc ems
o. m eGt, amer agTs6 to- lender to said parties
OF the first part such OCCASIONAL services, for
the purpQse above recited as said parties OF
the first part m ay from time 10 time call upon
them 10 perform; provided, however, that if
il be finally determined. thst:the' said James
Graham Fair, deceased died lntestate, then:
such services and sssls snce shall cease upon
the final distribution othis estate; butIf il be
finally determine I'd that" James Graham Fair,
deceased5 died: :testate, thensuch services and
sSsistance's all cease:at theexplration or five
lJ)years frem:and after the ENTRY of decree
OF fin al distribution in the natter Of his estate
iuathe Superior Court of. the City and County
OF San FRANCISCO, State of California. =
p For and in consideration OF the e:foregoing
covenant the said parties Of the first part do
hereby. grant, tranSIer, assign and set over
unto the.said parties OF the,seeond part an iEn:.
divided five one-hun ndredths part and inter:
est-that is to say, FIVE: % per cent--in and TO
all their portion OF the estate and property of
the said James Graham Fair; de eased; real,
personal and mixed, and. w heresoeYer Situatei
manner entitled TO, and in and TO their por;.
ton of the Income. .accum ulauons; rents;
issues and profits thereof, whether the owner!
ship Of the parties OF the first part therein be
vested or contingent; absolute or qualified, In
possession or:ex pee ctaucY, present or iuturei
accrued, accruing or hereafter 10 accrue; pro-
vided, however, thatlf innny ms trumen orin-
strurneuts which NAV hereafter be. finally de-
termined to be the last will and testament OF
said deceased, q valid trust shRlE nave been
created, whereunder aid parties; OF: the first
partshalla be or become entitled' TO receive,
during the continuance of said trust, all or
OF the rents, issues and: profits OF
the portion of.the estate OF 'snch deceased. so
left in trust, then the parties: of the. second
part shall be entitled TO receive five: (5} per
cent OF all such rents, Issues and prof Is as
shall accrue thereon To the said paftIes of *the
first part al anv time prior 70 the expiration
of five years fromand afier:the entry OF a de
cree of final distri button in the matter of the
estate of said deceased, finally distribu ting
such trust estate TO the trustees; but the said
pa rites OF the second part shall not be entitled
10 receive any part or porton of the rents,
issues and profits which may accrue thereon
10 the said parties of tire first part from any
such trust estate after the expiration OF the
term of five (5Dyears. It is the true
intent and meaning of this paragraph (para-
of the second part an undivided FIVE
one hundredths-that is TO say, five % per
cent-of whatever property (sgye rents, issues
and prsfits accruing after the expiraton'of five
years after final distribution, aforesaid) the
ERi parties of the first part shall in any man
1ie1 obtain from the estate OF the said James
Graham Fair. deceased, whether by COM
promise or otherwise ana whether as heirs
atlaw OF the said deceased. or under or by
viz the OF any instrument which may hereafter
be dulysproved, established and finally deter
mined to be the last will and testament of
said deceased.
The partes.of the second part shall ot in
any event be called upon 10 furnish or ad-
vance any money for the'costs, disbursement IS,
or expenses of any litigation concerning or
affecting the rights OF the parties Of the first
part, or incidental to any services performed
hereunder.
2 In witness whereof the said parties hereto
have hereunto set their hands and seals in
triplicats the day and year first sbove written.
Signed, sealed and delivered in the presence
OF RUSSELL J. WILSON.
O." .e THERESA ALICE OELRICHs
VIRGINIA FAIR,
LLOYD d WOOD.
Counsel for the heirs made desperate
fight to keep the contract out, their chief
argument being that an attorney could
not be compelled 10 divulge transactions
with his client that were OF confidential
Character.
But Mr. Delmas was loaded for this. He
maintained that contract DIV which an.
attorney agreed to serve a client is not q
confidential com mmunication, but on the
contrary, was merely a proposition to
enter into confidential relations. There
fore, it was not privileged. He produced
r West Virginia decision that supported
this position in its entirety.
II was iipon this showing that the court
ordered the contract produced.
This over, the cross-examination OF Mr.
Lloyd was. resumed and soon completed.
Mr.. Demas asked the witness if after he
saw Senator Fairs republication" letter
to Mrs. Craven ne did not offer her
5000 in satisfaction for her claims