Arizona republican., 1904-05-12
A Final Settlement in New
 York of Controversy
THE AGREEMENT SECRET
The Terms, However, Said to be
 Satisfactory to Both Sides-The Tragedy in France and Succeeding Litigation for Possession of Millions

Nv York, May 11.-By consent of the plaintiff the action against Mrs. Thresa Alice Oelrichs and Mrs. Vir- ginia Vanderbilt brought by Hannah Nelson, mother of Mrs. Chas l.. Fair, was dismissed here today in the state supreme court. Final judgment was rendered in favor of the defendants. MT. and Mrs. Chas. Fair were killed in an automobile accident in France in 1902.
 In a statement issued after judgment had been entered the attorneys for Mrs. Nelson and her family made it known that a settlement satisfactory to both sides had been effected. They announced also that by common con sent of the persons interested the sums paid in the final settlement would mot be made public.
 The action was begun in February, 1903, to set aside a settlement made at San Francisco in August, 1902, between Mrs. Nelson and her family and Mrs. Oelrichs and Mrs. Vanderbilt, sisters of Chas. L. Fair, relative to the dis tribution of the estates of MT. and ! Mrs. Fair. Under this settlement Mrs. Nelson received $125,OOO and the mem- bers of her family, who were plaintiffs in her action received smaller sums, varying according to their relationship | from s1O,OO0 to S16,OOO.
 Chas. l.. Fair left an estate valued at about $7,0OOO0O and it was maintained by the Nelsons that he died before his wife, to whom he had willed his entire lestate in case she survived hirl. The | plaintiffs alleged that they had been | induced by fraud and misrepreseIta- | ticEs on the part of the defense to | accept the sum paid and that they did not learn until afterward that MT. ] Fair died first. Mrs Oelrichs and | Mrs. Vanderbilt maintained that Fair ! had survived his wife and that under i the provisions of his will the property ! became theirs
 | During the course of ube action severa l commissions were appointed and testi-
 mony was taken at the scene of the ac-
 cident in France, in this city and 1T | San Francisco. Much of this test.
 mony was conflicting. Two Frencl
 witnesses, Lucen Mas and Alfred J
 Moranne. testified in this city that they
 saw the accident ard that MT. Fair wa: killed instantly while Mrs. Fair live; | several minutes. These witnesses wer. | li ltStttl Oll llltlE ItluIH to 1aTlS, De l cause of their testimony, and on [ charge of perjury were convicted ans | sentenced to three years Imprisonment
 In their statement the attorneys fol Mrs. Nelson say they were moved tt
 agree to a settlement by the coLf1ictin: mature of the evidence in the case, tn, great expense of litigation and by tn kfact that Mrs. Nelson is advanced il years and desired to be relieved of tn
 strain of further fighting the cas Concerning the willingness of the de fendants to reach settlement the at | torneys say, in part: "The technical al | legation of fraud in the complaint Wa
 extremely distasteful to Mrs. Oelrich | and Mrs. Vanderbilt. Neither of then
 he'd taken any personal part in arrang
 ing the details of the San Francisc settlement, and both had presumed tha everything had been done properly anC
 to the satisfaction of everyone con I cerned,"