The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-08-23


whose accounts of the tragedy must
settle that important question. One
eye witness, the wife of the innkeeper
in frOnc of whose maison the tragedy
occurred, sayys both were killed in
stantly. Another eyewitness, NJ. Raj
mond, an autOmoblist, asserts that both
lived for a few moments
While the attorneys are profuse in
their statements that there has devel-
oped no friction as yet between the
Fair heirs and the relatives of Mrs.
Charles Fair over the disposition of the
estate, they are already making pre-
paratiOns to ward off any litigati tion of
that nature. Attorneys Knight and
Heggerty have been the legal adv isers
for both Mr.. and Mrs. Fair for years
ana 1t is quite unlikely that they will
taAe any stand in the matter other
than to take every precaution to see
that the last will of both is carried out
to the letter. Mr.. Heggerty was a
warm personal friend of the deceased,
and he has declared his intention of
making every possible effort to ward
off any attempt to thwart the carrying
out of the wishes of Mr.. and Mrs. Fair
as expressed in their respective Wills
1t can be stated upon good authority
that Mrs Fair willed most of the few
hundred thousand dollars worth of
property which she possessed in her
own name to her mother, Mrs Anna
Nelson. Neither made provision for a
simultaneous death, and in one of the
Wills which they made Mrs. Fair nam
ed her husband as executor, and he in
turn named her as executrix in case of
his death preceding hers.
There was an unusually warm bond
of sympathy and trust between the
unfortunate Millionaire and his wife.
In speaking of the likelihood of a con-
test over the estates of MIR. and Mrs
Fair mutual friend remarked last
night: IF Charlie Fair thought that
his wife or her kth or kin would not
receive every dollar, that was coming
to them lie would turn over in his cof-
fin"
Joseph Harvey was one of the closest
and most intimate friends that the
Fairs had in this city. After a CONSUL
tation with the attorneys yesterday
Harvey sent a telegram to Mrs. Nelson
requesting her to come to this city at
once. There was no particular warlike
attitude in this move, so the attorneys
say and those who are familiar with
the affairs of the heirs vOuch for this
statement. All unite in saying that the
property will be divided just as Mrh
and Mrs. Fair wanted it to b.. Mr.. IIar-
Vey requested Mrs. Nelson 20 come -
this city, they assert because her pre-
senee here will facilitate the dispUsl Jon
of the estate.
The popularity of Mr. and Mrs. Fair S
demise and provision in tIe law TGlat-
ing to simultaneous deaths, however
give a wide attitude for speculation
over probable contest. The law of
California provides that Whece ',co
parties die in the same catastrophe the
male is presumed to have survived the
female. If there is no evidence produce
ed to show that Mrs. Fair lived longer
than her husband, the opposite will be
presumed in law, and her relatives will
only receive that portion of her estate
which she decreed them in her will and
that portion of her estate which She
decreed hr husband will revert to his
heirs. On the other hand, if it is pro-
ven that Charles Fair expired before his
wife that portion of his estate which
he bequeathed to her in his last will
and testament will fall in equal shares
to the nelrS or his wife.
The will question is worrying the at
torneys quite a little. Both Mr.. and
MIS-. tair are known to have mad. more
than one will. Fair, it is said, made at
least three. His will which is in the
possession of Messrs. Knight and Heg-
gerty was made in April, 1900. Before
the discovery of Mrs. Fairs will yes
terday the attorneys were of the Opt
Mon that 1t was made some time after
Hef husband made MS, Dut the COM
parison of the date line of both wills
disclosed that they were both made on
/, the same day.
Charles Fair was peculiar about his
. private affairs. He scarcely ever dis
cussed his private business matters
with anybody and the fact that the at
torneys are rather reluctant 10 discuss
the provisions of the two wills or even
to give out the date when they were
made is taken to indicate that they are
not absolutely certain that they are In
possession of the last will of the de.
ceased. When it comes to discussine
! the will of either Mr.. or Mrs. Fair the
| attorneys generalize and talk of the
: mater in guarded speculative tones.
varied experience with wills and Other
, legal documents disposing Of vast es.
= tates which they underwent in the re.
, cent litigation over Senaor Fairs prop.
erty has probably filled them with al
sorts Of fears of what might happen II
the matter of the existence and sub
. sequent production of other Wills.
1t is little early in the day for any
thing of a real hostile nature to de
velop in the impending squabble, bu
: the war clouds are gathering on the le
gal horizon and it is not unlikely tina
/, the Fair millions will be again sifteC
2 through the nets of legal controversy.