New-York tribune., 1902-06-19
PATRICK LOSES STAKE,
RICE WILL OF 1896 PROBAIED
BY SURROGATE.
HE PRONOUNCES DOCUMENT LEAVING
NEARLY ALL TO CONVICTED
LAWYER 4 FORGERY.

BY the decision of Surrogate Fitzgerald yes
ter1ay the SS 100000 stake for which the Peo-
pIe declared Albert T Patrick played when they
arrafgned and convicted him for the murder OF
William Marsh Rice is lost to the lawyer, now
under sentence of death in Sing Sing, and VINO
il was charged. killed the wealthy Texan, anu
with the aid of the latter's valet Charles r
Jones and others forged a will by which prac-
tically the entire estate fell into his hands Inc
Surrogate yesterday threw out this viii. the
so-caIled Patrick or 1900 will. and admitted TO
probate the document presented by the heirs as
being the will. made in 1896. This is Il
victory for the Rice Institute, OF Houston. Tex
as well as the other legatees. who have fought
the probating of the Patrick Will. that insti-
tuition. named after the murdered man. Will
get the greater part of the estate.
The fight between Patrick and the Rice Insti-
tute and the other egatees. led by Captain
Bernard Baker. Of Texas, an old friend Of Will
lam Marsh Rice who was largely instrumental
in causing the arrest indictment and conviction
of Patrick. will be long remembered in the an
nails OF will contests c!.e OF the most STUD
born on the records OF the Surrogates. Pat
rick's lawyers succeeded in having the Will case
postponed until after he had been tried and
convicted Of murder. Then it began. The evi-
dence. to a certain extent, was along the same
duced witnesses to show his intimacy with Rice
but the subscribing witnesses TO the 1900 docu-
rnent David /. Short and Morris Meyers. re
fused 10 testify on the ground that their testi-
mony might incrmnatc them in the indict-
ment OF forgery in connection with this VIII
then and now hanging over their heads. The
Rice Institute and other legatees. repre-
sented by host of counsel chief among whom
was William B. Hornblower, with Captain
Baker as his right hand man, contended that
the Patrick will. in its entirety, signature ana
all, out and out forgery HandWrltlhG
experts were called both sides, they haslns
their deductions admitted specimens or the
handwriting of Rice and each, according to
the litgant which employed him, pronounced the
signature to the Patrick document false or
genuine The witnesses of the 1896 VIII ana
heirs and friends of Rice who had talked with
him identified that paper as embodying be
quests he had expressed his intention OF max
ing to them
ON the ground that Surrogate Fitzgerald had
threatened that unless Meyers and Short test
fed by a certain date he would throw out the tne
Patrick will and would admit the will of 1896
to probate Mr. Tomlinson. who replaced rat
rick's former counsel, Frederick b. House. ap-
piled TO Justice Bischoff. in the supreme court
for writ Of prohibition to restrain ourrosa -,
Fitzgerald from further hearing the case untI
after the trial Of Meyers and Short. justice
Bischoff denied the application, ana the AppeF
late Division affirmed his ruling.
Yesterday Surrogate Fitzgerald, When MI
Tomlinson had closed the evidence on behalf OF
patrick refused to admit to probate the 1910
will He then took additional evidence Of the
1896 will and when Mr.. HornbloWer asked thaI
II he admitted he granted the request
The Judgment of the court is. Sald SuIro
gate Fitzgerald, that the will of l9Oo be re
iected on the ground. first that the proponents
of that will have not made out case which Is
provided for by the statute as to the eXecu-
ton In q proper and legal manner OF the Paper
nv the decedent. / make the further hndlns
that on the evidence adduced, the signatures 70
the naper of 1900 were not the signatures OF
An Effort will be made by PatriCks counsel to
nrevent the estate from being placed in the
hands of q Texan administrator. on the grouilu
mat should the estate be thus taken out OF tne
iurisdiction of the NeW-YOrk courts 1t VIII ne
practically useless for him to go on with 'he
litigation. Ill b. 5i5
,o+ tpo1v what his next step would be