The Savannah morning news., 1901-04-09
The TWO RICE WILLS
DISAPPOINTMENT ASKED by BOTH
SIDES.
GOES OVER UNTIL. MONDAY
SEVERAL CONFLICTING INTERESTS
REPRESENTED.

Patrick's Council Holds That IL
Proceed with the VIII Case Now.
Mr.. HOrnbIower shows How Pat
rick Had withheld the 1000 VIII
Until Forced 10 show His Hand.
Rice's Dead Brothers Queer APP
pOintment
New York, April S.-The two wills sign
ed William Marsh Rice were on the cal
endar before Surrogate Fitzgerald to-day
for the setting of dates for the trials In
the contests. Counsel for Albert T. Pat
rick the Rice heirs, the Rice Institute
in Texas, and for the temporary admins
traitor for the estate, were in court. Coun-
sci 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
hearing until next Monday or until the
close of the proceedings against Patrick
before Justice Jerome on the murder
charge
When the cases of William NJ. Rice, No.
l and No. were called w. II. Horn
bluWtlt VIM ISpIGStIlS d. ~. Pdi tlhcs OhS
of the executors and the proponent of the
1896 will, announced that he was ready TO
proceed at once. Mr.. Hornblower said
this application arose over the question
of the probate of the will known as the
Patrick will.
MIR. Cantwell, on behalf of Patrick,
asked for a postponement of the hearing
until after a determination of the GRIM
inal proceedings instituted against the
client who was charged with murder In
the first degree.
ut 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 to en-
ter upon the trial in the civil case, which
involves practically the same issues Fol
this reason i ask for a postponement un-
til the final determination of the criminal
proceedings"
Mr.. Hornblower said he would consent
to a postponement until the Investigation
before the magistrate had concluded, but
could not consent that the surrogate
should allow these proceedings TO be
abandoned until after Patrick's case had
been disposed OF in the Supreme Court
IAN the presumptions of innocence" in
terposed Surrogate Fitzgerald, 'are In
favor of the accused at the present
mement. / cannot presume now that the
party in interest is a criminal"
Patrick withheld 1900 VIII.
Mr.. Hornbower said Mr. Rice died on
Sept. % last, and Patrick claimed under
the 1900 will to be the residuary legatee
of his vast estate. Instead of filing the
will, he withheld it. His clients filed the
will of 1896, and presented 1t for probate
with the greatest diligence. so as to have
1t proved. They served their citations
and it was only when they were returna'
BILE that Patrick took similar steps witt
regard to the will of 1900. though ht
claimed to be the real party of interest
and that the last will was executed fol
his benefit by the testator and was genu
inc.
1--WE had to force him by proceeding
before your honor" said counsel, TO Ill
his will, and it was only several months
after Mr.. Rice's death that we succeeded
in making him do so. If he he'd onl,
presented the viii he claims to be genuine
a week after the ties tator's death, thii
matter could have been disposed o.
months ago, and If he is the innocen
man he claims 10 be he could have beer
INDICATED by your honor's decision. HI
preferred to pursue these dilatory tactics
and has succeeded in having this cast
hung up until now, when he finds himself
confronted by a criminal prosecution
Mr. Hornblower appealed to Surrogate
Fitzgerald not to grant any adjournment
beyond that required for the examination
by Magistrate Jerome into the charge
against Patrick.
Asked for Long Adjourn ment.
Delaney Nicoli said that on behalf Of
certain heirs of Mr. Rice he joined in ask
ing for long adjournment. They repre-
sented all the blood heirs except those 81
Fred A. Rice, the brother Of the testator
who died several days ago.
Mr.. Hornblower said Fred A. Rice had
consented to the probate of the will OF
1896.
Before he died" said Mr.. NicoIl he
got himself into the extraordinary posi-
ton of permanent administrator of this
estate by a decree by surrogate In Tex
as. by. which 1t was held that w. NJ Rice
died intestate."
II certainly think" Surrogate Fitzger-
aid said, that this court should not take
up this trial before the magistrate has
ended his investigation"
The surrogate said he would place the
case on the calendar for next Monday
and would then see what disposition could
be made of 1t.