The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-25
JOHN A. DAVIS WINS II.
The Supreme Court Decides Who
is to be Andrew j. Davis
Administrator.
A Brother Comes Before More Ro-
mote KIN, Provided He 10
Competent.

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rity Ars Not rrovsn.
The supreme court df Montana, By ! -
jority Of IL members, said yesterday that
John A. Davis was The proper person 70
act % administrator Of the eatate Of his
millionaire brother, Andrew J. Davis, Of
Butte. Justices Hafvood and Dewitt
gave their opinion to that s6sct, and Chief
Justice Blake disssnted. The decisloa q
justices HarWood and DeWita u he a..
cision Of the court, however, II sustaiue
the action Of the distriot oou1t q Butts 50
appointing John A, Davis aamiuistratoN
The question OF the alleged win VA not
touched on In the opinion 81 the majority
OF the court, a. that matte,
has not vet reached them. but
Chief Justice Blake. il his diaaAntina
opinion, refers to il TO sustain his opinion
that John A. Davis u not 1 proper peruon
70 act in tho capacity Of administrse.Y.
Henry A. Root. nephew 81 the dead million-
aire, and Who has been Achtina the sppoiut-
ment Of John A. Davis a. administrator.
vac In court vhsn the opinion vaa daily
cred. He was much disappointed. of eourss,
but will oontinue his Aght against the nj
legged viii. Tho decision 81 Justicss Hnr-
wood and Dewitt, which was 1sittcn Iy
tho former, was 40 follows:
This il an appeal on behalf Of Henry 4.
Root, IN applicant for letters u adminis-
tration on the sstate Of Andrew ], Davis
deceased,
On IN llth day Of March. 1850. q -
pears BY tho record, Andrew 4. Davis. than
i resident Of Butte CITY. Silver Bow county.
this state, died at that place, leaving a
estate Of the estimated value Of four and
one-half or ave million dollars,
Among othsrs. John A. Davis, ! brothar.
and ono Henry IA. Root. I nephew AZ a.
ceased, pstitioned the district court. exes-
cisinQ its probate iurisdiction under the
constitution, for letters Of administsation
on said estate: ana each of enid arrlfoanta
also flsd objections % the appotntIn " VI
tho othsr. (6eo. "a, Pro. Prac. Aot.
These petitions and contests swsee hessI1
and determined BY the court making an
order overrulina sil objections % III ~.
ppintment Of John A. Davis, and Ryna1i1S
u hiM letters of administraticnsupon eal3
.saaAts. sssl
Appellant Henry a. Root thsreupon naado
motion for now trial In said matter upou
tho following grounds: SIS
First -Insuliiciency OF tho evidences %
justify the Judgment, decision and order of
the court, and that tho same u against Law.
second Errors OF Law occurring at the
trial and excepted TO by tho party making
this application. (Sec. 828-827 Pro. Prao,
Act; SEQ. 296-9Ol Code Civ. Prac.) Motion
tion for new trial was made upon state
ment OF the case, and being heard BY the
court was overruled, and this appeal was
taken both from the order overrulinR mo-
ton for new trial and from the iudgment
and order Of court granting letters OF ad- {
ministration to John A. Davis.
\ Our statute (Sec. IS Pro. Prac. Act. mo- /
viaes the order Of precedence ia which let
tors Of administration must be granted =
follows:
..Letters Of administration on the sstate
of q person diving intestate must be granted
TO some ono Of more Of the persons herein-
after mentioned, Who arc respectively en-
titled thereto in the following order;
..First, the surviving husband or wife. OF
some competent person whom he or abe
may request to have appointed: second. the
children; third. tie father and mother;
fourth, ths brothers; fifth, the sisters;
sixth, the grandchildren: seventh; the next
Of kin entitled to share in distribution Of
the estate; eighth, the public administrator:
ninth, the creditors; tenth, any person
legally competent.W
The persons however entitled 70 letters Of
administration 10 prescribed in the fore
going section, are subject TO prnvisiou of
the same section, to the effect that mo pe,-
son who Is not a resident Of this state shall
be appointed administrator and also to
the provisions Of section 80 as follows: sB
..No person ID oompstsnt to serve as ad.
ministrator or administrative Who when
appointed. il. first, under age Of majority;
second, convicted Of an infamous crime:
third, adjudged by the court to be income
petent to execute the duties Of tho trust by
reason Of drunkenness, i.aproyidencs. OF
want of understanding or intAOrikv. ~