The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-07-29
EEA A'sA[lE COURT HOUSE.
nan Departed Case Postponed Until
oflirst Monday in
/ October.
ae haS kphic Copy and Petition
for Letters Of Administers
tion Filed.
supreme aud District Court Proceedings
-Apnlication for Rehearing In the
Street Railway Case.

The supreme court did not Jake any
action in the Davis will case yesterday, and
postponed its further consideration until
the first Monday In October next. John A.
Davis. who was appointed administrator OF
the estate by the Silver Bow district court,
filed a certified copy of petition in the
supreme court yesterday which was filed IN
the district court at Butte on the 18th inst.
Accompanying the petition is photo
graphic copy Of the will which was made
public few days ago. The photograph
shows that the document was written on
single sheet of paper which is heavily
creased by four folds. The writing IS
quite plain and seems to have been made
bv the hand Of the dead millionaire. The
certified petition filed in the lower court
recites that the petitioner is . citizen of the
United States and citizen and resident OF
Silver Bow county, Montana, and of the
age Of 81 years. That Andrew ]. Davis
died on the 18th day of March, 1880, at
Butte City, Silver Bow county ~ x. Mon Ion
e tana bis ha' d ssaa 'se wss Resident
of Silver Bow county and state of Montana.
and that he left both real and personal es-
tate in said county, and other counties IN
the state of Montana, and also some real
property in the state of Iowa., and some
personal property in the state of New York,
and state of Massachusetts, and perhaps
elsewhere. That the said estate consists OF
mining claims and real estate IN Silver Bow
county, and also in the counties OF Jetter-
son, Lewis and Clarke and Galiatln; and
also certain real estate in Van buren, and
Davis counties in loWai also OF snare P4 o.
and First National Bank of Helena; also OF
money. credits and debts due and securities
and mining stocks in the Societe Anonyme
Des Mines de Lexington or Lexington Min
ing company, and other mining companies
and in bonds of the Butte and Boston MIN
ing company and other bonds and securities
and personal property, of the value in all
Of about four and one-half million dol.
lars: and that a portion of said personal
property consisting of stocks. bonds, ETC., If
in New York city and Boston ana perhaps
elsewhere.
last will and testament.
That the petitioner is brother and one
of the heirs Of deceased and IS OF the age OF
81 years and resident of Butte City. Silver
Bow county, Montana.
That the other heirs are as follows
Erwin Davis, So years old, New York City
Calvin 2. Davis, 81 years old, sebastapol
Sonoma county, California; brother OF the
deceased; Miss Diana Davis, 76 years old
Somers, Connecticut; Mrs. Sarah NJ. Cum
minRs, So years old, Ware, MASS; Mrs. dar-
riet Woods, rs years old, Springfield, Mass
and Mrs. Elizabeth Bowdoln, 63 years old
Springfield, Mass, all sisters OF the de-
ceased; Mrs. Ellen 8. Cornue, Croton Falls
n. Y: and Henry A. Root, New York City
both children OF Anna Q. Root deceased
who was sister Of Andrew J. Davis; Mis-.
Mary L. Dunbar, Springfield, Mass, ane
Mrs, Lizzie A. Smith, of California, botl
children Of Roxana Dunbar. deceased, wht
was a sister of deceased; Mrs. Harriet Shelf
field, now married and residing at New
Rochelle, N. Y, and Henry A. Davis, o
Monson, Mass, both children of Asa L.De-i!
deceased, who was brother of the de
deceased, and Miss Lizzie S. Ladd. Of
Springfield, Mass, who is daughter Of
Soprohia Firman, who was sister Of de-
ceased. That the said Thomas j. Davis
mentioned in said will, resides at Selma.
Van Buren, county, Iowa. Pet Davis men.
toned in the will has died: and the said
Carolina Bergett also mentioned IN the Will
has intermarried with one Smith.
That the will came into possession of the
petitioner on July l, 1880.
The petitioner has not qualified as admin
istrator, awaiting final Judgment OF the su.
of the assets of deceased have come into his
hands. The executors of the will. james
Davis and Job Davis, are dead. They were
the same persons who witnessed the will
The other witness, j. @. Sconce, does not
reside in Montana. The petitioner prays
that the order made by the court on the
18th of April, 1880. appointing him admin
istrator, be vacated and set aside, and that
the will be admitted to probate, and letters
of administration be issued to the petit
tioner.