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


Rice to checks aggregating value of S250OO0
Is named as the residuary legatee. The other
discrepancies are somewhat of a minor charac-
ter involving legacies to new benefciaries in
some ca 'es and enlarging in the second will the
bequests to the relatives and others who are
named in the first one.
FIGHT ABOUT THE RESIDUE.
It will unquestionabIy be upon the clause
which relates TO the residue that the courts will
be asked to adjudicate. The tribunal upon
which will rest the determining of the validity
of the alleged last testament Of Mr. Rice will
have many points of extreme nicely to pass
upon, Not the least of these will be the con-
| fiicting evidence as to the authenticity of Mr..
Rice's signature. The interests represented by
Captain Baker have not yet seen the signature
of the second WILL but if their surmises are cor
rect the numerous handwriting experts who
have been employed by them will find that the
signature to this document is fraudulent as they
| declare the signatures to the checks and some
Of the assignments to be.
But on behalf of Patrick two notaries named
Meyers and Short are prepared to swear that
they actually Mr.. Rice sign the will. 1t
may be observed that on their work of testing
the genuineness of the signature to the alleged
last will of the dead millionaire the experts will
have plenty of material to work upon inasmuch
as every page bears what is declared to be the
signature of Mr.. Rice and is signed also by
the two notaries- Moreover with regard to the
checks themselves, it is admitted that Captain
Baker may have some difficulty in proving them
to be spurious. The experts maintain that the
exactitude of the measurements of the writings
| on the two checks stamps them indsputably as
tracngs. but so far the original check from
which the alleged tracings was made has not
been found, while 1t has been frequently assert
ed by experts that although a traced signature
can be proved to be forgery 1t Is almost i'm
possible to fasten upon the individual suspected
OF the crime the authorship of the tracing for
the reason that tracing contains only the char
acteristics Of the original signature.
WETHERBEE ONE OF THE WITNESSES.
One of the witnesses of the 1896 will which
was offered for probate yesterday afternoon two
or three minutes before the closing of the Sur
rogate's Office, is Walter O. Wetherbee. whose
name has been brought into prominence in the
| case Mr.. Wetherbee charged the valet Jones,
with making a proposition to him last winter
whereby Jones' by reason Of the control which
he said he exerted over Mr.. Rice, suggested that
for a consideration he could get Wetherbee
made an executor of the old mans will. The
other witness is W. F. Harmon of No. 672 Put
nam-ave.. Brooklyn, whose place of business is
Sons. William NJ. Rice, trr nephew of the old
man; John D. Bartine, of New-Jersey, and Cap
tain James A Baker were made executors Of
the first will One of it's terms was the bequest
to the executors of $4,000 for the use and
benefit of Rice's brother, Frederick A Rice and
his wife for their maintenance. The money is to
be invested and the income is to be devoted to
the support of the two persons named.
"The surplus of said income, If any it is
devised. may be paid by said Frederick A. Rice
and his wife. Charlotte, if they so elect, the
survivor of them, If he she so elect. to ]. s.
Rice F. A. Rice, jr., David Rice George Rice
Minnie Lummis wife of H. II. Lummis and
Libbie Timpson, wife Of Paul B. Timpson. any
or all of them, in such proportions as the said
Frederick A. Rice and his wife, Charlotte. or the
survivor of them may deem best After the
death of the said Frederick A. Rice and his
wife Charlotte 1T is my desire, and I so direct
that my executors, the survivors or survivor OF
them shall pay said sum OF $4,000 to the sur
viving above mentioned children or r A flCe
and his wife Charlotte
In like manner $4,000 is left to Minerva r.
Olds and to Charlotte S. Mckee, both of whom
are sisters of Mr.. Rice. To his nephew William
NJ. Rice, tr, the deceased millionaire left all the
Indebtedness that might be due at his death to
his estate by the firm of ]. I. and w NJ Rice OF
Hyatt, Tex.
RESIDUE TO RICE INSTITUTE
The sixth and seventh clauses of the will read
follows:
All the rest and residue Of my estate real
personal and mixed and wheresoever situate,
give, devise and beQueath unto the William Nj
Rice Institute for the Advancement OF LiteTaI
ture, Science and Art" a corporation doIIIcIleu m@ m@
in the citv of Houston in Harris County, Texas
1t Is my desire that my namesake William NJ
Rice jr shall be elected TO fill the vacancy IN
the Board OF Directors OF the William NJ. Rice
Institute for the Advancement Of Literature.
Science and Art" caused by my death; ana
express the hope that he will take an Int At III
the prosDeritv and success of said institute, and
that he will continue to act as a member OF said
directory.
Finally. the provision is made that in the
event of any differences arising at any time be
tween my executors to the management OF