The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-09-07
Expert Declares the Alleged
Davis Will a Manufactured
Document.
genuiuenees VIII be Tested
In q New Case at
Butte.
New Development Which Promisss 20
Cause Prolonged and Bitter Strife
Among the Claimants.

|,ture in tho celebrated Davis will case
r been developed. 1t will be remembered
lat about the time the CASE was set
L hearing in the supreme court, in fact,
the afternoon of the day that the attor-
rs representing the various parties inter-
led we're about to make their arguments
the highest legal tribunal in the state,
.lletin appeared on the streets announcing
at . will had been found at Butte. The
% was not presented to the court, but
la continued until the October term. The
|scovery of the alleged will created no end
talk. Shortly after it became public
F. at such document had been found, it
[,s filed with the district court of Silver
w county at Butte by John A. Davis, who
las the respondent in the case in the su-
eme court. A Photographic copy of the
|leesd will was also fled in the supreme
urt with petition from John A. Davis,
| no had been appointed by the district
urt of Silver Bow county as the admin
traitor of the estate. An inspection of the
Photographic copy of the instrument did
lit reveal any strange features about it.
| ae will was written on what looked to be
piece of legal cap paper hay
" the appearance OF age. Inc
Ids Of the paper were plainly visible.
|r1e entire will disposing OF the dead mans
illions was written upon one side Of the
/ Get in small handwriting. Altogether it
Is very ordinary looking piece OF writ
2. The Photographic copy, however, was
aallsr than the original and some OF the
was not quite clear. Asout q
SEX after this copy had been filed with the
|, erk of the supreme court . rumor became
k,rrent that the will was forgery.
Whether this rumor put the legal gen
n Henry A. Root and other
Iiaimants for q portion of the estate, is not
|1own. At any rate these heirs did not
IS.opose to have their share of this valuable
nate slip out of their hands. The alleged
ILL put new feature on the case, and for
while was stumbling block to any fur,
I,er movement upon the part OF Root and
,e people whom he has been representing
|,re ever since the strife over the estate
as commenced. These parties engaged
|ae services of Nathaniel Myers, leading
.vyer at the New York bar who undertook
|ae nagement of the case for Root and
d people. Associated with him are the
Tell known Montana lawyers, Warren
I5oole and John 3. Clayberg. The
|storneys for Root had prepared an elabor,
Ia district court Of Silver Bow county ap-
| 3inting John A. Davis, brother OF the dead
| illionaire. administrator of the estate
/ he appeal on the part of Root was pressed
ainly upon the following grounds: I'm
,-oyidence of the appointed, his drunken
sss, his want of integrity, and errors II
ne exclusion of certain evidence in thu
,arino Of the case in the lower court. But
tR in, the supreme court. BY this time thu
1se had attracted attention all over tn,
puntry, claimants sprinRing up at variou
3ints of the compass for chance IN tn
vision of the large estate. Then for
Slort period there were no new develop.
,ents until last Thursday when younl
IAN Of 80 appeared in Butte in compan!
a,urt there for permission to examine tn
ill. This the clerk was unwilling to do il
le absence Of the judge.
Upon the return Of that official the neces
larry permission was granted to inspect tn
istrument, which had been placed in tn
aults Of Hoge & Brownlee's bank for SAT
eeping. This young man was D. w. Car
salho, one Of the best known experts o.
andwriting in the United States. who ha
national reputation and who was con
,ected with the famous Morey letter case
hioh caused President Garfield SO nue.
double. He made a careful examination o
ne alleged will, reporting to Warren Tool
nd Mr.. Clayburg yesterday that 1t was
Manufactured document and forgery. 81
as stated SO in positive terms. and ia full
Prepared to prove it on the witness stand a
ne proper time. He has secured photo
raphic copies OF the will, enlarging: tn
andwriting thirty-two times. Mr.. Roc
nd the expert have gone east, where tn
opies will also be examined by other g,
.erts. Pleadings will be filed in the dir
riot court at Butte next Thr.eday, who
ill bring the Renuineness Of the will in ii
+ sne. There is one fatal defect in the docr
3lent, which Mr.. Carvalho discovered an
sointed out to the attorneys, which leave
10 question in their minds that the will is
orgery. just what that defect is the a
forneys at this time will not say.
aid to be worth $1,000. 60, promises to
rolonged and bitter. Considerable mimi
property is also included in the estate, upo
syhich as yet no estimate has been made.
| ~ R..NI IA l..