The sun., 1901-04-09
RICE Will CONTEST UP
First Steps In Struggle Over the
1900 Instrument.
IT PROMISES TO BE FAMOUS.
Cnse Postponed For Week, With
Understanding That 1t VIII
Not Go on Until After the
Criminal Hearing.

New York, April S.--What promises
to be one of the most famous of will
contests, the litigation over the two
wills purporting to have been executed
by William M. Rice and offered for
iprobate last fall, came up before Sur
rogate Fitzgerald
After tilt between opposing coun-
sci the case was set down for trial
next Monday with the understanding
that it would be postponed further il
the criminal proceedings before Justice
Jerome We're not finished.
This contest, which has collateral
criminal proceedings that involve a
tale of forgery, poison, murder COM
mon robbery and plot reaching over
Il year in it's fabrication and execution,
has every chance for celebrity.
| An estate estimated at from $3,000,-
600 to double that amount and more is
mt stake, and dozen law firms, repre-
scnting IL variety of interests, will help
to divide the money after the litigation
| is settled. All the issues of the Grim
inal proceedings will be thrashed out
in the civil courts The allegation Of
murder Is peculiarly matter Of civil
proceedings, but it will come up before
the surrogate. The charge of forgery,
on which criminal prosecution has
already been based will be the hinge
on which the civil case will turn.
| Another Contest Near.
! One case soon to be on the surrogate's
calendar is the contest over the first
! Rice will, which purports to have been
executed in Texas on Sept. 26, 1896,
and under which the bulk of the estate
was left to the Rice Institute of Hous-
chiefly on paper as yet.
| The contestants against the probate
Of this will are Albert 4. Patrick and
Mr.. Rice's heirs mt law. The executors
named i'm the will are William NJ. Rice,
Ir., John ID. Bartine and Captain James
A. Baker. This will has been called
yariously will No. l, the 1896 will, Mr..
ltice's first will and the Baker will.
The present fight is over the second
will. which purports to have been exc
cuted on June 30 1900. Albert 4. Pat
rick. who is under examination in
criminal proceedings now on charges
Of numbering Mr.. Rice and forging this
will. is made residualy legatee by it
AMI will receive ninetenths of the es-
tate should the will ever be probated.
The witnesses to this will are involved
in the forgery charges with Patrick.
| This is the so called Patrick will, which
reduces the bequests to the Rice insti-
tate TO S250,000, but under which Mr.
l.ice's heirs at law would fare far bet
| ter than under the other.
Statement by Patrick.
4 III, til seeks
TO fasten the charge of murder, is very
hitter against the assistant district at
torney. He says of the case and Mr..
Osborne's connection with it that Jones
did not kill Mr.. Rice, but has merely
cpnspired against the will and COM
mitted perjury at the present hearing
Jones is now, Patrick says, conspiring
with Captain Baker. who is interested
in the first will, to have Patrick kept
in prison till the will is probated Cap
tain Baker, he adds. seems 10 control
MIR. Osborne's doings. He says:
so far the tactics employed against
me have been the giving out by Mr..
Osborne continually of statements and
causing the same to be published in
he newspapers in order to cause the
public to preiudge me guilty, SO as to
Justify false imprisonment and to pre-
vent a fair trial. the wrongful impris-
cnment Of myself and the bounding by
detectives of those who appear to IA
vor me and the abuse of the process of
the courts by wrongfully subpmnaing
in the name of the court persons to
personally appear before him and sub
init to examinations in his office.
1T would take but little cOrrobora-
ton to convict Jones upon his own con-
teSsion, but it would take u great deal
to convict me upon Jones' accusation"
Italian Squadron Mt TouIon.