Estate of James G. Fair, deceased. S.F. no. 2871. Appellants' petition for rehearing as to the personal property. Garret W. McEnerney, Robert Y. Hayne, Wm. M. Pierson, George E. Crothers, of counsel for appellants

Author: McEnerney, Garret William. California Supreme Court
Title: Estate of James G. Fair, deceased. S.F. no. 2871. Appellants' petition for rehearing as to the personal property. Garret W. McEnerney, Robert Y. Hayne, Wm. M. Pierson, George E. Crothers, of counsel for appellants
Publication: [San Francisco]: Star Press, 1902
Edition: First Edition

Description: Small 4to. 44 pp. Original printed wrappers (chipped, spine partially defective). Good.

The complex and protracted litigation over the San Francisco estate of one of the richest men in America, mining tycoon James Graham Fair, dragged on for many years after his death in 1894. Born in Ireland in 1831, Fair and his impoverished father came to the U.S. in 1843. James went to California in 1850 to labor as a lowly prospector; he soon turned his attention to Nevada. After working as a superintendent and engineer at various mining sites, he formed a partnership with three men, two of whom were born in Ireland and one was the son of Irish immigrants. Together they made millions in silver mining in the Comstock Lode, one of the largest silver deposits ever found; indeed, in just six years the Comstock Lode produced more than $100 million worth of silver bullion ($3.5 billion in today's currency). By 1875 the four "Silver Kings" had become fantastically wealthy. Fair invested shrewdly in the South Pacific Coast Railroad and in real estate. But money led to a dissolute life of affairs and alcohol. In 1883 his wife filed for divorce which was uncontested; she received the family mansion and nearly $5,000,000 in cash (at that time the divorce settlement on record), while also gaining custody of their two daughters from whom Fair had become estranged. His two sons also caused him much unhappiness. He campaigned successfully for a seat in the U.S. Senate in 1881, but following his defeat in 1886 he lived the rest of his life alone in a hotel. At his death Fair's wealth was estimated at $50,000,000 -- an almost unbelievable sum in those days.

Our volume is S.F. 2871 (March 19, 1902) and concerns the famous litigation of the $18,000,000 worth of real property in Fair's trust and estate. Here the appellants in the case are the counsel of said trust, which was created by Fair's will for his children during their lives, followed upon their death by a trust to others. The trustees were empowered "to sell any property," real or personal, and to invest the proceeds, and to purchase other property, or to apply the proceeds of sales to the improvement of other property, and for any other of the purposes declared in the will, and to pay to the children mouthly "the net income." The court declared void the entire trust scheme as to the realty. An interesting aspect of the case involves the forensic accounting undertaken by one of the appellant's laywers, George E. Crothers, who had personal charge of the forgery branch of the litigation; Crothers won a notable victory in the proof of a forgery by original mathematical lines of deduction based upon consecutively numbered checks. (SOURCE: L.F. Byington, History of San Francisco, 1931, vol. 2, pp. 64-76). The full text of Fair's Last Will and Testament, dated 1894, appears at end.

Scarce: two copies in OCLC FirstSearch (Berkeley and California Historical). Not in the Library of Congress. Not in Rare Book Hub.

Seller ID: 3688

Subject: Americana, Law