Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-12-01
THE SECOND WILL.
New Developments In the Famous
Rice VIII Case.

New York, Nov. 30.--M. f. Hardy,
the attorney representing Albert ].
Patrick. said, today, that lie was ready
to offer for probate what is called the
, second will of the late Texas mil
lionairc. William Marsh Rice. IL -
further stated that counsel for the pc
titioner are now preparing FOR eSccu-
ton by him Il paper in which the Pc
titioner may in legal form make ei-
fectiye the Instructions constituting
the secret trust, the provisions OF
which, il is promised. will be maze
public about the middle of Decen'.e r.
He added that the estate given to the
petitioner Patrick by the will must DC
taken subject to a secret trust in favor
of certain purposes and beneficiaricS.
According To Mr.. Hardy. clause IN
the second will will show that the resi-
duary estate must be taken supJect 10
the secret trust and that il VIII also DE
shown that Patriek's share OF the es-
tate by this will is less than S2oe.ooo.
Mr.. Hardy said that one OF the deien-
dants in the case of proving the sec
ond will will DE the banking house OF
SwensOn 4 Son, who declined TO c"rt-
fy Il check presented by Patrick the
day after Mr.. Rice's death.
The will was filed by Isaac Sargent
of the law firm of Logan, Demond &
Hardy. who are counsel for Patrick.
in the civil proceedings with which he
is connected as executor OF the VIII.
today.
Mark w. Potter of the law firm OF
Hornblower. Bynne Miller Potter.
who represent w. NJ. Rive, Jr., Johr
d. Rartine and James n. Baker, Jr-.
the executors of the will executed ny
MIR. Rice in 1886. was present and ask
ed that he be allowed to examine The
second" will. After some sharp DIS
cussion a handwriting expert made Il
microscopical examination of the sig
nature Nv. NJ. Rice" to the two Wits.
Lawyer Sargent filed petition sign
ed by Patrick asking that the secon"
will be admitted to probate ana ina,
citations issued to the several heirS NJ
law and next Of kin Of Mr.. Rice men
toned in the petition.
The petition declares that the resi-
Jence of Frederick William Rice.
nephew of the testator. was at pres
ent unknown by him and that his last
knOVH III i'sioii''s "Ns''
ford. Conn. The petition was dated
Nov. 30. 1900. today.
Lawyer Sargent having filed the pc
tition and witness said that since tn"
petition had been signed by Patrick. II
had been discovered that Frederick
William Rice was at present at SARA
mac Lake and presented an affidavit to
the probate clerk to that enect.
Roth the wills are signed Nv. NJ. Rice
.,thoupb there is 4 resemblance in both
,;.,oturns. the signature TO the will filed.
TODAY is said to be almost a fac simile
of the Signatures to the two checks pre-
sented for payment on the day on WINCH
Rice died. while the signature TO Inc VIII
of 1896. differs somewhat IN Tesa'u , ~ il
states that the value OF the real ana per-
sonaI estate left by Rice is unknown
Patrick was substituted as one OF the
executors OF the second viii for Jon,
r. Bartine of Somervilie. y. j.. who IA
been an executor to the 1896 Will inc
first will was witnessed by W o. NetneI
Rrooklvn. Wetherbee is a clerk in IN
otfice of SWenson IL Sons. who refused 10
nay the checks for S65,oD ana Szo,Wr re-
spectiye ely, presented on the day oil islce
THE executors under the 1896 Will weTe
to receive SS0Gn in trust for the bench
of Frederick y. Rice. The brother OF IN.
tastaror. and his wife Charlotte. whicA
,rns an the death of both of them 10 n
divided between their children Zen thou
sand dollars was left TO the executors IN
trust for the benefit OF the teStaIotS, u
r olds of Massachusetts. ana a sltfiiat
provision was made for another siStei'
s Mckee of Massachusetts
The executors were 10 receive PCT Cen,
of the value of the entire estate TOT thsi
services and William M. Rice. Jr. an ~
debte.iness due to the testator AZ IN
time of his death by j. NJ. and W iiiiaih
PEE Of HYATT. Texas. The residue of tn
estate was to 90 to the VIM. NJ flce III
stitut. nj Harristown, Texas.
Under the will filed. today, the eSecu-
tors receive the commission OF ) per cent.
hut the. w NJ Rice Institute is only u
get s25oeN r. \. Rice gets $4,000 each
brother and sister surviving the testaio;
is beuueathed x25.cW; each nephew am
niece A5Ho, while requests OF $500 eic
are made TO number of persons. lhcluu-
ing John d. Bartine. whose name rs
ecIItor of the former VIII was SUBSTITUTES
BY that of Patrick. -,
The rest and residue OF the estate. rcd',
personal and mixed, was lelt ipsoiuttS..
10 Patrick, and the Will set forth that
any of the beneticaricS conteSting II Wer'
tn he cut off and their -ieSacleS or De
nuests 10 go To Patrick. -.
Miss Kate Rice of Brooklyn VIII De
the latest claimant for a share OF the
beo,Iests under the will of the million
aire Rice. She claims to be the young
est of the dead man sisters.