New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-12
TO PATRICK ABSOLUTELY.
SECOND RICE WILL GAVE LAWYER
RESIDUARY ESTATE OUTRIGHT
THE 1896 TESTAMENT LIKELY TO BE OF
FERED FOR PROBATE SOON. AND PAT
RICKs COUNSEL WILL FIGHT 1T.

Both interests who are contending for the Rice
millions still refuse to make public the contents
OF the Second will" On Wednesday 1t was par
TALLY decided by the legal advisers of Captain
Baker to inform Captain McCIusky that if he
saw Mt they had objection to his giving out
yesterday the provisions of the copy Of the will
which handed to Captain Baker by NIr.
Patrick. But when Captain McClusky was seen
in the afternoon he said that that arrangement
had fallen through, and that he had not received
the document.
It SEould seem that the reason why the legal
| representatives of Captain Baker withhold from
publication the copy which they have of what
purports to be the last will of Mr.. Rice is that
they by means sure that the copy in
question is a true one. I'VE have no means, 3"
Mr.. Byrne. of the law firm of Hornblower,
Byrne, Miller & Potter. said "of knowing that
this copy which Patrick gave to Captain Baker
is an actual copy of the alleged last will of Mr.
Rice Until we are satisfied that it is a correct
copy we shall certainly not give it out for publi-
cation" Mr. Gerard, a member of the firm of
Bowers &. Sands made statement to the same
effect
TO OFFER 1896 WILL FOR PROBATE.
From Mr. Gerard it was learned by a Tribune
reporter that the 1896 will of Mr.. Rice. which
leaves the greater part of the estate to the
William NJ Rice Institute, of Houston, Tex, will
be offered for probate in this city. either to-day
or tomorrow. Mr.. Gerard also contradicted the
reports that the second will left the residuary
estate to Patrick in trust, providing that the
proceeds should be devoted to some worthy char
ity to perpetuate the name Of Mr.. Rice. Captain
McClusky was responsible for this statement.
which Mr.. Gerard now says is untrue.
Practically all the terms of the purported last
Kit
Mr. Gerard said yesterday afternoon to a
Tribune reporter. 1T is true that Wetherbee.
under that document would receive s., 900 and
that the legacies to the relatives have been in
creased 1t Is true also that Patrick is named
as the residuary legatee. but it is not true that
he is to devote the money to a charity. In that
will the residuary estate is left to Patrick abso-
lutely and unconditionally. The money would
go to him without any restriction whatever"
The fact that the 1896 will is to be offered for
probate Immediately may to some extent force
the hand Of Patrick with regard to the bringing
forward of the second will Just what steps
will be taken by his lawyers to oppose the pro-
bate they would not say yesterday. William
Grossman, who is associated with Frederick B.
House in defending Patrick and Jones, said:
Should any attempt be made to probate that
will, without notice being given to Mr.. Patrick,
those proceedings would not in any way AFFECT
him. We can at any time within three years
apply for revocation of that probate by pro-
ducing later will
It is not likely. however. that Patrick's law
yers will allow the will to be probated without
contest When Mr.. Grossman's attention was
called to the objection filed in the Surrogate's
office by Charles T. Adams, lawyer Of No.
l95 Broadway to the granting OF letters testa-
mentarv to Patrick, he said: Mr.. Adams, as l
understand it, drew up a codlcll IN 1o9t, ana YET
does not know whether IL was executed. Before
the codiciI could be executed il would have 10 be
signed bv two witnesses, and yet, according 10
his own statements, Mr.. Adams doesn't know
who the witnesses were. It is very peculiar
circumstance.
MAY HOLD BANK RESPONSIBLE.
Mr.. Rice. 1t was ascertained yesterday. opened
his account with the Fifth Avenue Trust Com
pany on April IS. 1899 or just about the time
the trouble occurred at the Office Of Swenson
& Sons with regard TO the Atchson and Topeka
bond It was stated yesterday by a person in
terested in the case that the Fifth Avenue trust
Company had received assurances from Captain
Bakers representatives that in case the checks
upon which the company paid SZo'OOO TO rat
rick should be decided by the courts TO be
forgery they would not proceed against the
bank for the recovery of the money. Thls could
not be verified, however.
vIce-president of the company. said that the two
checks were satisfactory to his company or they
would not have been certified. The $20,UUO
which Patrick obtained from the trust company
has been deposited in the Chatham Nauonal
Bank where IL is held in trust by John r. Potts.
Messrs House and Grossman were in consul
tation with Patrick and Jones from early in the
morning until o'clock In the evening. In the
afternoon Louis j. Vorhaus, acting FOR Mr..
House presented william s. Long, a real estate
h..otr 1 Tl~0ad duyaX MaglStTa1A