The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-09-08

the supreme court had decided the
trust void as to the real property only,
and appealed again, claiming the
trust 70 be valid as TO the personal
property. Upon that appeal the SUI
preme court followed its last Judg-
ment and held by Its usual vote OF
four to three that the entire trust IN
the Fair will was void. thus finally
determining that Charles L. Fair and
his sisters were entitled 10 receive the
entire estate left by their father un-
trammeled by conditions and free Tor
the use of the heirs as they might
seYeraiiy elect.
II has been estimated that this re-
suit cost the heirs of James c. Fair
s., 0o0 900 in lawyers fees, costs and
incidental expenses. a medium OF dis
tribution that would scarcely have
been approved by shrewd, careful.
wide-awake jan Fair.
When the death of Charles Fair and
his wife is legally verified. petition
will be filed by the executors or Doth
wills for administration. AS soon as
knight & Heggerty, attorneys Tor
Charles Fair. in whose possession Is
the will of Mrs. Fair and that OF her
husband. heard of the death OF their
client. they suspected that the public
administrator might seek TO admins
Ter on the estate. They Immediately
Informed Herman Oelrichs, husband OF
the sister of Charles Fair. that IL would
be a proper precaution 10 notify the
judges of the various courts that TWO
wills disposing OF the estate OF Charles
L. Fair were in existence and request
ing them not to grant any application
or the public administrator fer probate
without giving the represel- -atives or
Mr.. and Mrs. Charles L. Fair an op-
portunity to be heard.
Mr.. Oelrichs agreed 70 this proce-
dure, and after Judge Cook had been
informed concerning the status OF the
case, Judges Coffey. Hunt and Seawell
were similarly instructed. The other
Judges OF the superior courts were re-
quested 10 await the appearance Of the
representatives of Mr.. and Mrs. Fair
before taking action on the disposition
OF their estate.
The death OF Charles Fair was not
wholly unexpected by those who are
| familiar with his ambition 10 achieve
phenomenal speed with highgeared
powerful automobiles. He was one OF
the first to experiment with these ma
chimes in this state and he Imported
a Panhardt machine of about forty
| horsepower, capable OF covering sixty
miles an hour on a smooth road. He
| frequently gave his friends nerve
| tingling experiences in his runs from
I this city TO San Jose over the San Lee
andre road, returning through San
Mateo along the western shore OF the
bay.
/ He was not satisfied with this auto
mobile, however, and returned IL 70
the makers with an order for one more
powerful
The chauffeur. Louis Bretty. men
| toned in the dispatches as accompany
| ing Mr. and Mrs. Fair on their last
fatal ride. was with Mr.. Fair in this
city. and had charge of his machines,
| operating and repairing them.
/ Among those who feared that Fair
| would meet his death in an automobile
accident was his brother-in-isw, Her
man Oelr!chs.
| Three days ago Mr.. Oelrichs was dis
/ cussing some matters of business with
Charles S. Neal, manager of the Fair
estate. when a particular enterprise
was mentioned, and MIR. Neal said:
'Well, suppose we had better wait
| TIL Charlie comes from Europe"
! Charlie. win never return" replied
Mr.. oelrichs. They may bring his
body, but he will never come back
alive. He will kill himself with that
machine of his. My wife and my sis
| teP-in-law. Mrs. Vanderbilt, will XII
themselves. too, IL they are not more
/ careful"
When the unexpected news of Mr.
! and Mrs. Fairs death was received by
/ Mr.. Oelrichs yesterday, he recalled the
I conversation and the prophecy.
II do not know why / made such a
/ grewsome prediction" said he, but
when Charles return was mentioned
II came 70 me intuitively that he would
] be killed by his automobile. l felt that
he would never come back"
Charles L. Fair was well liked by all
who knew him. He was liberal with
his friends and charitable to Rll who
| deserved financial assistance His
| business associates speak of him in
terms of eulogy, dwelling particularly
| upon his gentlemanly demeanor and
his courteous manner
II was a surprise to those who knew
him in the old days before he had
sowed his wild oats that he should SO
suddenly develop. as he did. such de-
cided aptitude for business. He had
been of great assistance to the man
ayers and attorneys Of the Fair estate
| and they believe that he would eVentu-
ally have been able to take full charge
OF the varied affairs OF the family.