New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-13

Continued from firsf page.
estate the judgment and decision of - shall
control"

control"
BLANK FOR UMPIREs NAME.
1t is obvious that it was Mr. Riee's intention
to insert in the blank the name Of some person
who would act in the capacity of an umpire
should disputes arise between the executors in
case there should be only two OF them. Access
to the original not Obtainable yesterday,
but members of the firm which filed the VIII de-
clared that the copy given to the reporters was
true copy.
John D. Bartine, which set forth that to the
information and belief of the petitioner ALBERT
T. Patrick who resides at No 3l6 West Fifty
eighth-st.. claims to be person interested IN
defeating the said will" The effect Of this afi-
davit viii be the serving Of citation upon Pat
rick. who. If he wishes 10 contest the probate.
will be forced TO produce the alleged later will
which he has in his possession.
In his petition Mr. Bartine also imparts infor-
nation to the identity and residences OF the
various legatces, but with regard to FREDERICK NJ
Rice the petition states that he left his home, in
Hartford, Conn. about thirty years ago. and
that since then no knowledge of his whereabouts
could oe obtained.
The contents of the much talked of copy of the
second will, which was handed a couple of weeks
ago to Captain Baker by Patrick, was made
public last night by Captain McClusky- In the
list of executors appointed under this will, Pat
rick is substituted for Mr.. Bartine. and 1t is pro-
vided that for their services the executors shall
receive commission of per cent upon the ag-
gregate value of the estate. The second clause
relates to the bestowal of a specific sum of
money upon the Rice Institute at Houston, in
place of the residue estate which it was TO re-
ceive by the terms OF the first will.
SECOND REQUEST TO INSTITUTE.
This clause reads as follows:
give. devise and bequeath unto the William
NJ. Rice Institute for the Advancement of Lit
erature, Science and Art" corporation under
the laws of the State of Texas, a sufficient sum
of money, which, together with and inclusive
of the vested gifts real personal or mixed, here
tofore or hereafter in my lifetime made by me
n no inst mt IN
of two hundred and fifty thousand dollars
(S20O,OOO). provided that If the vested gifts
real. personal or mixed, heretofore or hereafter
made by me in my lifetime to said institute
shall. at the time of my death, equal to or ex-
coed in value the sum of two hundred and nifty
thousand dollars (S2JOO0O). then this legacy is
to be null and void.
The bequest to the brother Frederick A. Rice.
is reduced in the second testament to $4,000.
but the legacies to his sisters are increased TO
$4,000, and like is to go to such Of his
other brothers as living at the time of his
death Many relatives not mentioned in the
first will named in the second. To each of
his many nephews and nieces is devised $1,000,
while a similar amount is left to each Of the
following: Charles T. Adams of Montclair n.
J.; A. B. Cohn, Of Houston Tex; John D. Bar
tine. of Somerville, N. J.: Frederick L. Bliss OF
Springfield Conn, and W. o. Wetherbee, of
New-York. Legacies of $1,000 each are made to
William Rice Carpenter. of DuneIlen. y. Y;
Mrs. John W. Boothby. w. F. Harmon and
John H Wallace. of New-YOrk; and of 5000
each to Charles Carpenter his wife, Isabel Car
penter of Dunellen. N. J.; W. G. Rucker, Groes-
beck, Tex. and John G. MathesOn. William Dale
and Paul Tesch. of NewYOrk
WHERE PATRICK COMES IN
The last two clauses of the instrument read:
The foregoing provisions of my will are upon the
toned legatees, respectively. Will accept, with
out contest in the courts otherwise, all the
veyances and release of any and all of my estate
wheresOever situated and of whatsoever nature 10
any egatee not so doing is forever barred from
taking under this will or in any manner inheriting
en1re to the said Albert T. Patrick.
give, devise and bequeath to Albert T. Patrick,
formerly of Texas, all the rest and residue of
estate. real personal and mixed heretofore here
after acquired and wheresoever situated.
By the last clause. pointed out in yes
terday's Tribune. the lawyer Patrick becomes
the residuary legatee absolutely and uncondi-
tionally 1t will be noticed that not the least
able or otherwise, to which MIR. Patrick shall de-
vote the money. The witnesses to this will are
Norris Meyers of No. 16S Henryst.. New-YOrk
City, ana David L. Short. of No. 4O4 Bradford
St, Brooklyn, whose occupations are given re-
spectively as lawyer and publisher.
Frederick B. House counsel for Patrick and
Jones. refused to comment upon the publication
Of the wills or their contents. He and William
Grossman his associate, yesterday again. with
their clients. held consultation lasting the en-
tire day.
No bail was furnished yesterday for either
Patrick Jones. but Mr.. House said last night
that he hoped to obtain the necessary bondSmen
to-day Monday next.
The handwriting experts are still examining
the signatures the checks and assignments
and as yet have made report to Captain
Baker or his attorneys.