New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-12

ACTION HERE DISMISSED.
Hrs. OeirichS and Mrs. Vanderbilt
PAY Substantial Sum to Nelson's.

The settlement of the litigation over the Fair
estate was announced several days ago in
San Francisco dispatch 20 The Tribune. Yes
ardav formal legal action quashing the proceed
gnes here was taken. Course! for Mrs Hannah
Nelson the chief plaintiff in the action. and
for Mrs Oerichs and Mrs ". K Vanderbilt
- the defendants, refused 10 state the amount
their defendants had paid To end the contest
7 mas been said that Mrs. Oelrichs anG Mrs
Vanderbilt paid nearly 100000 10 Mrs Nelson
The Fair estate contest has been going on
for two years. a final legal decision in II de
nended on proof as TO whether Charles L Fair
or Mrs Fair the daughter OF Mrs. Nelson. died
FIRST in he automobile accident in Paris in
7rbir, both we're killed Air. and Mrs Fair
had made wills in which each left the estate
q the ot.le-. These wills were admitted TO
n-nhate IN California on the assumption that
Mrs Fair died frsr. Hence her property and
her husbands. under the California Law. passed
70 his sisters Mrs. Oelrichs and Mrs. Wander
brt Had he died FIRST his estate and his vife's
would have passed 10 Mrs. Nelson.
After Mrs Nelson and other relatives Of Mrs
Tair had accepted S17>u0o 10 zeEnquish all
claim 10 the estate soon after The prooatIns 81
the VIII. witnesses Il the automobile accident
declared that Mrs Fair survived her husband
nv several minutes. Ms. Nelson thereupon be-
ven an action in 1908 n the Supreme Court q
this State 10 set aside The settlement made in
Fan Francisco. Il was this action which yester-
day was dismissed by Justice Bischoh- Final
Judgment was rendered for the defendants. and
the plaintiffs were perpetuaIly enjoined from
bringing any further proceeding 70 upset the
settlement
sst+,ement. counsel for the plaintiffs. Chandler
ona Beeknan. and for the defendants. Fay and
+-a Of
witnesses Ar-a. rsese We're Lucien Mas and
Aired 7 -r- .ho testified here that Mrs.
u-ai- e,,-z-iv.- =I.anG and who were con-
,,,-ad of re--- france DIS Perriquet and
On Chateau who testified that Nj Fair must
have died instan-.y, but that Mrs. air probably
survived for several minutes; Drs Williamson
and GaIlwey who performed an autopsy on the
bodies after their arrival IN San Francisco, and
who testified that Nj. Fair survived his wife
and Mr.. and Mrs. Hourde, gatekeepers OF the
country mansion, who refused 10 testify The
statement then gives reasons for the final settle
ment follows:
In the first place Mrs. Nelson. owing TO her
advanced age and bodily indrnities desired 10
be relieved OF the publicity and strain attend
ant upon such
Again, the plaintiffs were unaware, until the
San Francisco commission was issued. that an
autopsy had been performed in California and
as the testimony OF the French ana American
physicians so totally al variance anu as
no autopsy was made in France. II would be ex-
tremely difficult TO prove the survIvorship or
Mrs. Fair by circumstantial evidence. Further,
the expense attendant upon the prosecution OF
action in France, New-EorS and California
had already become very burCensome, and the
prospect that this litigation might be prolonged
for several years made the expectation OF larger
additional expense unavoidable
The defendants were equally moved 10 a
favorable consideration Of such course for sew
eral reasons In the first place the technical
allegation OF fraud in the complaint was ex-
Vanderbilt. Neither OF them had taken any per-
sonal part IN arranging the details OF the San
Francisco settlement and both had presumed
that everything had been done properly and 10
the satisfaction Of every one concerned In the
next place, should the conviction Of Mas and
Moranue be eventually reversed or should the
Hourdes subsequently consent 70 testify, and
by their testimony prove Mrs. Fairs survival. Il
would then appear that the amount paid the
Nelson family under the San Francisco settle
the rights involved and surrendered.
Again, Notwithstanding the afirmance Of the
convictions Of Mas and Moranne, and the con-
tinued refusal OF the Hourdes testify upon
q trial Of the action, the theory Of the French
physicians to the order Of the Fairs death
incurred IN defending the action far exceeded
those incurred IN prosecuting the same. and,
should the litigation be prolonged for several
years. much greater expenditures must neces-
saTily be made.
Accordingly Mrs. Nelson and her family in
consideration Of a substantial sum 10 be paid 70
her for herself. her family. her counsel fees and
disbursements, by Mrs. Oelrichs and Mrs Van
derbilt, agreed 10 make TO further opposition
20 the settlement Of Nj and Mrs Fairs estates
but 70 permit the same to be distributed 10 Mrs.
Oelr1chs and Mrs. Vanderbilt.