The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-17
The Contest Over the Davis Estate
Being Heard in the Su-
preme Court
Some Reasons Urged Against
John A. Davis az the
Administrator.
He Left Butte Last Summer and 10 Sun
posed to BIO in the Queens
DOminiOns.

Where is John A. Davis7
Hon. J. b. Clayberg. one Of the attorneya
for Henry A. Root in the Davis will case,
thinks that John A. il in Canada. He does
not know what attraction there il in the
Dominion to keep the administrator Of his
dead brothers millions on the northern side
of the international boundary line. The
counsellor did not display any anxiety
about the administrators whereabouts, and
is combining himself to the hearing Of An ap-
peal in the supreme court from the order OF
the district court of Silver Bow county APP
pointing John A. Davis administrator of an
estate which is said to be worth SIC, OOO, 900.
Shortly after the discovery of the alleged
fraudulent will, executed by Andrew ].
Davis, an uncle of one of Davis nieces
came from California and made his appli-
cation in the district court at Butte
to have John A. Davis examined
in detail about the will and the circum-
stances of its discovery. While the court
had the matter under advisement Davis
disappeared. Whether he expected to be
subjected to such an ordeal as he went
through on his application to be appointed
administrator or not 10 not known. At all
events he went away. After his disap-
pearance the court refused to grant per-
mission to have him examined. The attor-
neys for Henry A. Root, who appealed to
the supreme court, have no knowledge of
Davis exact whereabouts. One Of tho At
torneys said that Davis was supposed to be
in Canada, and when asked what Davis was
doing there replied that the adm illustrator
was probably there for his health.
The appeal made by Henry A: Root, one
ek kI,n hos~ <>F A.n1r L.
rider appointing John A. Davis as
administrator of the estate. was brought
up in the supreme court yesterday. This
appeal has nothing to do, however. with the
alleged fraudulent will, that case being in
the district court at Butte.
Messrs. Kirkpatrick and Forbes appeared
in the supreme court yesterday for John A.
Davis. Their arguments were devoted
principally to showing the court that the
administrator was proper person to oc-
cupy that responsible position, and that if
he is not that Henry A. Root is no better
tor Root do not want Davis to administer
upon the valuable estate and they give
specific reasons why they believe he is not
fitted to handle the dead mans millions.
Among the things which they allege are
that the administrator is improvident. In
their brief under this head they say: IF he
did not have foresight. prudence and abili-
ty to manage successfully small business
in Butte. especially with large pecuniary
backing. but had to withdraw from it and
abandon it to his partner, one of his sons.
it would appear that he ought not to be
deemed qualified to be entrusted with the
management of the vast business involved
in the disposition of this estate.'' The
next thing which they have to say against
him is with regard to his habits of drunk
ness. "The court will undoubtedly recog-
nize the difficulty of obtaining evidence adj
verse to party on matter of this nature,
unless the party i1npeached is substantially
a vAgrant,' is the language of the brief
upon this subject. Nevertheless, several
unimpeached witnesses did make out
cogent case against him. So much SO,
in fact that the New York attorney for
Root, Nathaniel Meyer, says of Davis, in an
attempt to make out that the administrator
siderable assurance for him who bad con-
to endeavor to give the lie to his unim-
peached niece; and it is not to be wondered
at that in the attempt he not only involved
himself in new perjury, but confessed it
inst as he did in the instance of the grand
jury episode; and we seriously question
whether he would have been involved in
either situation were it not for the moral
and mental deterioration resulting from
his having been we'll soaked in whiskey
for the past few years." There are other
reasons which the attorneys for Root have
against the appointment of Davis. Mr..
Clayburg will make his argument in the
case to-day. The proceedings in the SUI
preme court ought to be interesting to Mr..
Davis, but it is not likely that he will be
there to-day.