The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-04
OELRICHS WILL DISPUTE UP.
TESTIMONY AS TO THE RESI-
DENCE OF THE TESTATOR.
The widow Contends That He Was a Resi-
dent % california and That Therefore
the VIII should lie Construed Ac-
cOrdinG 10 the Laws Of That state.

the VIII should he Construed Ac-
cOrding 10 the Laws Of That state.
There had been a hitch in the negotiations
for the settlement of Mrs. Theresa Alice
Fair Oelrichs's contest of the will of her
husband, Hermann Oelrichs. IL was an
nounced last week by counsel for the eN-
ecutors that a settlement had been reached,
and Surrogate Fitzgerald said that he
would sign a decree admitting the viii TO
probate.
But when the proposed decree was pre-
sented there we're further objections raised
by counsel for Mrs. Oelrichs, and yesterday
the Surrogate heard the testimony OF the
sui scribing witnesses to the will as TO MIR.
Oelrichs's declarations concerning his resi-
dence.
The chief objection made by Mrs. Oelrichs
to the will, in which she was ignored en-
tirely. was that her husband had been n
resident of California and that the estate
should be administered according to the
laws Of that State. If it was she would
be entitled TO one-half of all property, which
the la VS. of California consider community
property" as between man and wife.
Here she is entitled only to one-third OF
the personal property, provided the Will
should he set aside. and a life interest IN
one-third of the real estate. By the will
Mr.. Oelrichs also cut of their child, Hermann
Oelrichs. Jr., with a few trnkets, on the
ground that Mrs. Oelrichs was rich enough
in her own right 10 provide for the hoy.
Col. Franklin Bartlett testified yesterday
that he had drawn the will and had wit
messed it at MIR. Oelrichs's request. Col.
Bartlett was Mr.. Oelrichs's personal u
sci and he is now personal counsel Tor
Charles May Oelrichs, brother of the tes-
tat,r and the chief beneficiary in the will.
Jaw & Gambler are counsel for the executor.
Bowers 4 Sands are acting for Mrs.
Oelrichs.
Before the testimony was taken. il was
agreed that should the negotiations for a
settlement fall through eventually, the
testimony would not be used again, but
would have TO be taken anew on the petition
for probate. 1t was this stipulation whlch
showed that the settlement announced last
week had not yet been accomplished ny
that settlement Mrs. Oelrichs was 70 get
500. 900 worth of South Pacific Railway
Compan bonds. out of $500 900 owned by
her husband. and the boy was to get a ranch
in California, worth about S6l,OOo. Inc
whole estate is worth considerably more;
Col. Bartlett said that in May last at the
Union Club, Mr.. Oelrichs had spoken u him
about making a will. The will was drawn
in Col. Bartlett s office and signed on June IL.
Miss Archer, Col. Bartlett's stenographer,
and Col. Bartlett himself witnessed the
will. Previous 20 making the will, and par
t~icularly after the earthquake at san Fran
cisco. Col. Bartlett said, Mr.. Oelricts had
frequently announced his determination
10 establish his permanent residence in
New York, and TO abandon California as
his residence.
Gustav II. Schwab Of the steamship firm
of Oelriohs & Co., also testified that Mr..
Oelrichs had formally California
as a residence and had adopted New York
as his permanent home. Other witnesses
gave similar testimony and the hearing
nnn hon ndinnrned in1ninitelY.