The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-06
100000 OF FAIR
ESTATE TO LAWYERS
81-Year-Old Associate Of One
Time Senator SO les
titles in Suit.
HEIRS SEEKING 100000 900

Richard Varick Dey of San Francisco.
for many years associated with the late
United States Senator James @. Fair Of
California. has testified here in behalf Of
Mrs. William X. Vanderbilt. Jr., and
Mrs. Hermann Oelrichs, who are defend
ing suits brought by nephews and nieces
Of Mrs. Charles l.. Fair. wife OF their
brother. to recover a part of Mr.. Fairs
estate which went to the two sisters.
Mr.. Dey testified that Mr.. Fair
left an estate of more la $4,000. 900.
but that, through litigation. 'the lawyers
got 81. 900. 900 OF it," This statement
was objected to by counsel, but re-
manned in the record.
one of the points to he decided in the
litigation between the defendants and
! Mrs. Fairs relatives is the place Of resi-
dence Of Charles Fair at the time he and
his wife were killed in an automobile
accident In France in 1902. Thu plain
tins seek to show that Mr.. Fair lived in
New York and that his estate should
have been distributed under the New
York laws.
Mr.. Dey has been visiting at the home
Of his sister, at IS West Eighty-eighth
street. and on an order by Supreme
Court Justice Shearn was examined be-
fore trial in behalf of Mrs. Wander
bilt and Mrs. Oelrichs.
The testimony, which has been flied
IN The County Clerks office. shows hat
! Mr.. Dey described himself as a young
bachelor" 81 years old. having an eX-
ctllon, memory. He first met senator
Fair IN Virginia city. New. in 1850.
at which time Mr.. pey was interested
In Il sawinill n quartz mill at Ameri-
can Flat. lie was a deputy United States
marshal from 1864 TO 1865. and was
I'm the employ of John W. Mickay. Sena-
tor Fair and william II. OBrien.
He was named an executor under the
will " Senator Fairs wife and became
a resident of san Francisco In 1891 for
that reason. HI described the members
Of senator Fairs family. and said that
Mrs. Fair. who had been divorced. died
on September 10. 1891.
MIR. Dey testified that he was suf-
fc'en,ly intimate with Senator Fairs
children TO call them Charlie. Jim. Tes-
sic and Birdie. He said Birdie was
Mrs Vanderbilt. After the death OF
their brother James the sisters agreed
tina; Charles was TO have $1,000 a month
income.
THE girls lived with their mother.
but the boys We're awarded to their
father Mr. Dey said. although Charlie
had a room IT his mothers house. and,
I think. Jim did too. | saw Charlie AL
most daily and met him last in 1901
IN New York"
What did ne say about making his
home here" asked counsel.
He said he couldn't I've here be-
cause the summers were too hot and the
winters too old. He had a house at
Riverside Drive and Seytnty-tfth street
that had cost him $4,000. hu, he
didn't live in It He told ms. that San
Francisco was the only place for him.
He offered the house for sale. but told
mo the best Offer he could get FOR IL
was 500. 900
ON REORGANIZATION an effort was
made 20 show that Mr. Fair had lived
in New York for n number OF years be-
fore his death. but no proof Of il was OBJ
tanned Mr.. pey insisted that To- the
hes, ur his knowledge Mr.. Fair always
considered himself a resident OF Cali
fornia.