The San Francisco call., 1897-02-23
AN ARMY OF ATTORNEYS
INTERESTED.
Some of the Peculiar Aspects Of
a Famous Piece of
Litigation.
PROMISES OF SENSATIONS IN
NUMBER.
Tbs Story Of Two Wills and Their
Bearing on the Famous Pencil
Deeds.

What promises to be the most interest
ing lawsuit in the history of the State
will open before Judge Slack this morn
lng-at least, that is what the court pro-
gramme calls for.
1t is the fight between Mrs. Nettie R.
Craven and the Fair interests for the pos
session of property which the principal of
the Mission Grammar School lays claim to
under the famous pencil deeds.
The case comes up in the nature of a
suit to quiet title between Mrs. Craven
and the special administrators of the es-
tate of the dead millionaire, although in
the background are other interp!eaders,
eiectments and many other such things
that go to complete the mplicated liti-
CATION that has surrounded Fairs millions
since his death. The value OF the stake is
about $15O0, 0OO-quite a snug sum as
things go, even in this country of big
wealth.
The property Mrs. Craven claims con-
sists of the lot and the big tiYe-story
building on it on the southwest corner of
Pine and Sansome streets and a half block
on NJ ssion street, between Eleventh and
Twelfth. The deeds under which Mrs.
Craven asserts her ownership to this for
tune in land and buildings bear date Sep
'tember 81 1894. and were acknowledged
by ex-Notary J. J. Cooney. The docu-
ments are written in leadpencil, even TO
the signatures OF Fair himself
The case that is promised this morning
is, of course, legally speaking, confined
strictly to issues involved in a plain
suit to quiet title, but undoubtedly there
will be echoes of other and more interest
ing subjects IN the evidence. The ghost
of the famous pencil will-that remsrka-
bic document that the Fair children and
and afterward swore was forged-must of
necessity stalk in the background, for this
will and the deeds are more or less insep-
Rrably related. Then there is Mrs.
Craven's contract OF marriage toJames G.
Fair and the trust will to be heard from.
The story oil the pencil deeds is an in
terestlng chapter in the strange character
of James G. Fair. Mrs. Craven at The
time of their date was living at 200I
California street The millionaire and
she were intimate friends for years. Sep
-arated from MS family, the lonely old man
of money was wont TO seek in other places
the home he could not find for his own.
He had been a frequent caller on Mrs.
Craven-her marriage contract bears date
May %, 1892-and on the afternoon of Sep
tember "a, 1894, he was visitor at her
house. 1t was rather IN eventiul time for
the millionaire, apparently, for be ma !e
history in wills and deeds that day that
has kept lawyers and courts since busy
studying it.
The pencil will was written on that
afternoon in Mrs. Craven's parlor in the
presence of the mistress of the house and
Mrs. Elizabeth Haskins. The deeds he
must have drawn up previously, for when
he was through will making the bonanza
king drew the documents from h s
pockets and handed them TO the woman
who declares s. was his wife by contract.
Subsequently they were returned to Fair
Frs~ COIrN -lar1rr
Notary James J. Cooney takes IL the
drama. Three days later the millionaire
called at Cooney's Office In the Lick
House and formally admitted that it was
his signature.
Fair died December % 1894, and left as
legacy an estate Valued at SIS 900, ,0O0
There was trust will in the hands of
Attorney w. Il. Goodfelow, dated Sep
Der Il, 1884, three days anterior to the
day of his visit to Mrs. Craven's house On
California street. Under the terms CT
this will these millions were left in the
o custody OF w. r. Goodfellow, Thomas R.
Crothers and James S. Angus in trust for
Mrs. Herman Oelrichs. Miss Virginia
Fair and Charles L. Fair. The trust
phase of their inheritance was not to the
liking OF the heirs. In fact, from the day
this viii made its appearance their at:or-
o neys began TO mature plans 10 fight it.
Legal storms began to gather on all sides
About month after Fairs death Mrs.
Craven made public the fact that she was
The guardian OF the pencil will. This
document bequeathed the property in three
equal parts outright to the children, and
was received by the attorneys ana heirs
With open arms. In it they saw a deliver
'ance from the hated trust document, and
the tight developed into contest between
. the two wills, and the Fair children and
the trustees named by their father.
The trustees raised the cry OF forgery
or1d ~ H.,
: oihe new will was genuine. and intimated
conspiracy and undue influence on the part
.. sol Goodfellow, Angus and Crothers Mrs.
.Qelrichs and her sister and brother fol-
lowed this up with a formal protest against
the trust document, and asked the court
TO admit the pencil will to probate
The existence OF Mrs Crayen's deeds
was MADE known at this time to the attor-
neys for the heirs. 1t was her wish to es.
cape notoIiety in the case. and an agree
ment was arrived at, making Richard Y.
Dey, one OF the executors of Mrs Fairs
WILL an arolter OF her claims with power
to ray her $500 600 in settlement. This
was Inc state OF affairs at the end of the
first year after James G. Fairs death.
decision by Judge Slack on February
3. 1896, that the trust clause OF the Good
fellow will was invalid was the means of
completely changing the aspect of the
lannon's case. Charles L. Fair i'm mediatelv
withdrew his opposition to the document.
This transfer of allegiance was followed
by declaration that the pencil will was
forgery
Mrs. oelrichs and Mss Fair made a
similar change of front, and the agree
ment 10 settle Mrs. Cravens claims for
$500, 900 was repudiaied on the grounds
othat both the will and the deeds were
spurious. This was followed by the
woma1's business agents putting the docu-
ments on record, and her own startling
declaration in court that she had a con-
tract of marriage 10 the millionaire. Then
followed vouminous hearing of testimony
from all the principals in the famous case.
Mrs. Craven, Miss Craven, Mrs Oelrichs,
Miss Fair, Charles L. Fair, attorneys and
witnesses on each side were in turn called
upon to tell their stories. The withdrawal
OF the Fair children from the support of
the pencil will left DR.. Marc Levingston,
who was one of the executors under il, as
its only friend. When the trial on this