The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-09-12
CLAIMS IT IS A FORGERY
Henry A. Roots Grounds for Con-
testing the Will Of Andrew
j. Davis.
The Signatures to the Document
Now in Dispute Declared
Not Genuine.
II 1t Was Ever Executed . Later 1na RI.
voked its Provisions, So It il
Claimed.

E. W. Toole, of counsel for part of thu
heirs of the late Andrew J. Davis, appeared
in the district court at Butte yesterday TO,
the purpose of filing an amended contest
and grounds of opposition to the probate Of
what is claimed to be the last will and
testament of the dead millionaire. The
paper is filed on behalf of Henry A. Root, 9
nephew of Davis. In presenting it Mr.
Toole said: Eat the time the original con.
test and grounds of opposition was prepared
the contestant was only possessed Of such
facts as came to his knowledge from the
testimony of the heirs and declarations OF
the deceased in his lifetime, that there was
no will. Since that time careful insnec.
ton of the document sought to be probated
has been made and other pertinent evi.
dence ard important disclosures have come
into the possession of the contestant, which
has enabled him more specifically to state
the grounds of his objections and bring
himself, we trust, within the ruling of the
! court upon the demurrer. ] also desire to
appear for. and ask leave to file the contest
ana grounds of opposition of Miss Maria
Cummings. of Ware, Mass, niece of de-
cedent, and who in the absence of will is
entitled to share in the distribution of the
estate"
The contest thus initiated presents the
issues upon which the distribution of the
vast estate of Andrew j. Davis. In it
Henry A. Root contests the will making
John A. Davis the heir of the dead mans
millions. It is claimed that Andrew j.
Davis died intestate, leaving the following
heirs, who are entitled to share in the dis
tribution of the money he left: Erwin
Butte, Calom p. Davis, Of Samona, CAL,
brothers of Andrew j. Davis; Diana Davis,
of Somers. Conn, Harriet Wood and Eliza
beth Bowdoin, of Springfield, Mass, sisters
of the dead man; Henry A. Root, Of Hell
ena, and Henry A. Davis. of Munson, Mass,
newspapers; Ellen J. Cornn, of Orion Falls.
Elizabeth s. Ladd, of Springfield, Mass,
Maria, Cummings, of Ware, Mass, Harriet
II. Sheffield, of New Rochelle, N, Y. and
Elizabeth Dunbar Smith, of Alamosa
county, Gala, neices; and Harriet
p. Davis, Of Munson. Mass, widow
of a deceased brother of the millionaire.
The will which John A. Davis seeks to have
probated is pronounced fraudulent. It is
claimed that this will was never signed by
Andrew j. Davis or by the witnesses VIII ose
names appear on it, but that all their sig
natures are fraudulent.
Furthermore Root claims that he will be
able to prove that the will John A. Davis
eks to have probated is not the last will
of Andrew J. Davis and is void for the rea-
son that if it was ever executed, it had been
revoked by one made in Helena about EIGHT
years ago, the provisions of which were
wholly inconsistent with the other, and
which contained clause revoking ali for
mer wills This later will, it is claimed,
was properly signed by Andrew j. Davis
and two witnesses, but remained in exist
ence only about two years when it was de-
stroyed by the millionaire without any in
tention of reviving any former Wills
Root in his amended complaint contests
the application of John A. Davis for letters
of administration "for the deceased; that
said petitioner is incompetent to serve as
such administrator and incompetent to ex-
ecute the duties of the trust imposed in
such cases, on account of drunkenness, i'm.
providence, want of understanding, and
want of integrity