The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-18
Told the Heirs That tho Estate was
Burdened With Heavy
Debts.
Hsury A. Roots Claims Presented
In Argument Before the Su.
preme Court
IL II Said That the Administrator laads q
Failure Of Everything He Has
Undertaken.

The closing argument in the matter o
the appeal Of Henry A. Root from tho de-
oision OF tho Silver Bow district court. ap-
pointing John A. Davis administrator Of
the estate Of Andrew ]. Davis was made by
Hon. J. B. Claybere in the supreme court
ysstsrday, and at ito Close the court took
ths matter under advisemsnt Mr.. Clay
berg contendsd that the court in consider
ing the question Of the duties ana oapaci-
ties OF an administrator, could mot draw Z
line, saying such and such conduct on the
part ct man prohibited hin occupying such
position. while the ssvssss conduct made
him eligible. While in some cases q man
Of limited business experience and capaci-
~ might succsssfully administer on q
small estate, the same man, placed in charge
OF large estate, would make failure,
In this particular case, the testimony
allowed that John A, Davis had
made failure Of everything hs had
ever undertaken; the record also showed he
drank to excess, and this should bar him
from having charge Of such vast intoY ests
% were involved. That he was improyi-
aent was evidenced by the fact that he had
nved to the ago of 81 years, and yet he had
sms j. n. D4 he e9S g.
vnsch 70 90 Into business. Nj. Claybsrg,
then referred 10 the testimony offered by
Davis ~ to his honesty, and argued that it
Vas OF the negative sort; that his client
nad perfect right to show BY acts which
sonn a. DaNS had committed in other
that he was not man Of honesty or inteo-
rlty. Even his counsel in their brief had
referred to their client 40 only aJshonest and
upright 90 the ordinary man.
=, hsfeffink 70 the meeting Of the heirs ut
re Massasoit house. Mr.. Clayberg said
OF exciting An arrangement with these old
SISTERS Of the dead millionaire. whereby
they would surrender their claims on the
estate Tor as small an amount as possible.
At this meeting Erwin Davis was made the
spokesman for John A. Davis and 10 told
me ne nelrs that ths estate was burdensd with
neavy debts; that il there was no will il
would take ten years to get the estate set
tied, and 1t there was will, it would take
nve years, under the statutes Of Montana.
ne also said the llleRitimate son in Iowa
might get the entire estate, unless those
present stood together. He asked that ali
Of attorney and afterwards a letter : e 'N the
probate judge, and that tho best thing that
could be done would be to have John A.
Davis appointed administrator. John A.
Davis sat perfectly silent during the time
!S1WM O6vlb m6Q0 TINS speech ana did not
deny the statement that the estate was
heavily involved, or that Il would take fiye
or ton years to settle it under the laws. noc-
withetanding the fact that he had made AZ
hdavit, just before leaving Montana to At
tend the meeting, that A. ]. Davis estate
was worth at least 81 600 900.
!. But Just herr" continued Mr.. Claybsrp.
.'one OF those nophews whom John A, Dayis
hao threatened In conversation he had
had with one Of the dead mans neicea.
stepped up, q the person Of Henry A, Root.
NJ. Root told the heirs that the estate vas
worth $4.600, 900; that there were no debts:
ths. there was no will; that the division
aeed not Be delayed Ave Or ten years, as
Erwin Davis alleged, bat that the heirs
,ould give bonds and settle It quietly. M.
Root advised the old sisters Of tie dead |
man to be careful about signing any papers
md to drst consult the best LAWYERS. M.
Root. said Nj. Clayberg, Uncovered . great
many facts which John A. Davis and Ervin |
Davis had tried to cover mp. The uext dav.
q conyersation with some Of the eistern'
ohm A. Davis threatened that il thev did
.ot sign the paper he would 70 in With the
he Iowa boy and they would get nothing"
The question Of tho residence Of Henrv
!. Root was touched upon briefly. and also
be matter Of the latter's character. m.
,layberg'e Argument lasted two hours ma
re lucid presentation Of the case Of his