The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-04-12
SETTLING DATE FOR TRIAL OF THE
TWO WILLS PRESENTED.
THREE PARTIES To THE CONTEST
ACKNOWLEDGEMENTS of the
VIII of 1896 Ask for an Immedfete
Heariag-The Court Continues the
Trial of Patrick on the Criminal
WILL

New York. April 8.-The two wills
signed William Marsh Rice were On
the calendar before Surrogate FftZger-
aid today for the setting of dates for
the trials in the contests. Counsel for
Albert q. Patrick, the Rice heirs, tn"
Rice institute in Texas, and for the
Temporary administrator for the es-
tate. were in court. Counsel for
Patrick and the Rice heirs asked for an
adjournment until June. Counsel for
the temporary administration asked
that the case be put on at once for
trial.
Surrogate Fitzgerald adjourned the
close of the proceedings against
Patrick before Justice jerome on the
murder charge.
When the case of William N. Rice,
No. 1 and No 2. were called, w. 3.
HOrnbloWer. who represents j. d. Bar
fine. n of the executors and the pro
ponent of the 1896 will. announced that
he was ready to proceed at once. Mr..
Hornblower sal this application arose
over the question of the probate of the
will known as the Patrick Will"
Mr.. CantWell, on behalf of Patrick
asked for a p-ostpOnement of the hear
ing until after a determination Of the
criminal proceedings instituted against
his client who was charged with muir
der in the first degree.
1T seems to me-" he said. "in justice
to these witnesses and in Justice to Al
bert T. Patrick. that every opportunity
should be given them to establish their
innocence before being compelled tC
enter upon the trial in the civil case
which involves practically the same is
sue. For this reason I ask for a post,
ponement until the fina determination
of the criminal proceedings"
Mr.. Hornblower said he would con,
sent to a -postponement until the inVes,
tigation before the MAGISTRATE had con
cluded, but could not consent that the
surrogate should allow these proceed
ing to be abandoned until after Pat
rick'S case had been disposed of in the
supreme court.
"All the presumptions of innocence
interposed Surrogate Fitzgerald, "art
in favor Of the accused at the presen'
moment 1 cannot presume now tina
the party in interest is a criminal"
Mr.. HOrnblower said Mr.. Rice dice
On September 23rd. last. and Patrick
claimed under 1900 will to be the resid,
nary legatee of his vast estate. In
stead of filing that will he withheld it
His clients filed the will of 1896, anC
presented it for probate with the great
est diligence so as to have it proved
They served their citations. and it wa
only when they were tina
Patrick took similar steps with regarC
to the will of 1900. though he claime'
to be the g party in interest am
tina the last will was executed for hi
benefit by the testator and was genu
ine-
I'VE had to force him bv proceeding
before our honor" said counsel, It
Ale his will. and it was only sever
months after Mr.. Rice's death that W
succeeded in making him do so. If h
had only presented the will he claim
to be genuine a week after the tesla
tors death. this matter could hav
been disposed of months ago. and if h
is the innocent man he claims to be n
could have been v~indicated by you
honor's decision. He preferred to pun
sue these dilatory tactics and has sue
ceeded in having these cases hung u
until now. when he finds himself con
fronted by a criminal prosecution"
Mr. Hornblower appealed to SurrOgat
Fitzgerald not to grant an adjourn
nent beyond that required for the ex
animation by Magistrate Jerome int
the charge against Patrick.
81 DeldnCeN NlCOll Sdlu Iud Ou DeIldi
Of contain heirs of Mr.. Rice he joine
in asking for a long adjournment
They represented all the blood heirs eS
oept those of Frederick A. Rice, tn
brother of the t%estator. who died sew
eral days ago.
Mr.. Hornblower said Frederick I
Rice had consented to the probate {
the will of 1896.
Before he died." said Mr.. Nicol
"he got himself into the ex~traordinar
position Of permanent administrator {
this estate by a decree by a surrogat
in Texas. by which it was held tha
W. n. Rice died interstate"
u certainly think" Surrogate Fit
gerald said. that this court should nc
take up this trial before the magi:
trate has ended his investigation"
The surrogate said he would plaC
the case on the calendar for next MOI
day, and would then see what dispS
-sStfen could be made OF it.