The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-24

with an awl. This is only sample of the
little things which nave entered into this
case. Added to them are big things, and
altogether they make a legal web which
would jols the mind of any but old lawyers.
The contestants propose to establish that
Davis was sacretlve in all his transactions,
from engineering a mine down to an esca-
nade on the quiet. They claim
sasi Mr. th'S r.. W. "! k ssssnllsh of p9 aHis
this city, who had custody of tho only will
that Davis ever made, according to the
contestants, that he never made but IN
wlll-the one he gaveto Knight to keep and
which Davis afterward tore to pieces in the
lawyers presence. Tho contestants also
propose to establish that at the time Davis
was making the will last referred to I've
objected to putting in the legal CLAUSE to
the effect that it Cancelled all others made
by him, giving as a reason therefor that he
had never made any other. This friend of
Davis had hard work to convince him that
the sentence was one Of form and must be
complied with, no matter whether he made
another will or not.
The contestants have another point: At
the time when the contested will was p1r-
ported to have been witnessed by james
Davis and j. c. Sconce. i'll the state OF
Iowa, that one of them was in Texas and
the other IN Askansas. cnma nf the daro=
sltlons which the proponents have filed and
which the contestants have asked to be sup
pressed deny the allegations as to the alb
sencs from Iowa of the two witnesses to
the contested will. Another point was that
Davis was an educated man, school teacher
and a business man. and 1t was impossible
that no could have written such a docu-
ment as that which the John A.. Davis side
OF the case offers for probate, nor would
he, they say, have signed his name to q doc
ument drawn up as ungrainmatically and rs
badly spelled as this document Is. They
will try to show that Davis knew how to
begin n will i'll the legal way. whereas this
one commences in the same legal verbiaee
as a warranty deed.
There are two wills, one that of Frank
Hem, executed IN 1887. and the other of
James Davis, executed in 1885, both of
which Eddy swears in his deposition that
he wrote. 1t is by contrast with these two
wills and ssveral private letters in posses
sion Of contestants that the latter claim tc
have reached indisputable conclusion that
the will of A. j. Davis now offered by pro
Ponents was written by Eddv. There is
similarity of spelling in all the foregoing
documents, similarity in the formation OF
letters, and similarity in the formation oil
words.
At Selma, Iowa, where so many interests oil
that astute millionaire, Al. Davis, had then
inception, where lives the only man who in
herits HIS blood and resemblance, and whe G
remain many men who knew him personally,
there is r pronounced sentiment that un,
equlvocally denominatss tho last will and
testament a forgery. IL would be untrue
and unjust to say there are not many hon
est peonle who believe that Andrew j. DAVIS
actually drew and signed that will. But
their belief hangs upon Il slendor thread of
faith rather than evidence. The will pur-
ports to have been drawn in 1866, Mt which
time Davis fortune was but a small frac.
ton OF what 1T afterwards became. Nor
~sln2ularly secretive than most men ever
who pile up fabulous fortunes. he war
never distinguished by those traits which
lead othels to take acquaintance into tncil
confidence. Yet this will directs the dis.
position OF his estate to parties whom he
afterwards repudiateI, ana was permitted
to remain IN the Possession of obscure peo
pie after 1T involved millions of dollars and
affected interests III which were ~centered
the whole career of the great banker.
The romantic story of the will is fur
nlshed by its custodian, who had the doubt
full honor of bringing it to light uneypect
edly alter preparations had been eutere,
upon TO partition the estate upon the theor
that no will existed. j. r. Eddy was thi
custodian. Tn will, so it Is claimed, wa
drawn more than tweaty-four wears ago b
job DAVIS, a son of James X. Davis. il
whose house the work was done and VIII
was one or the witnesses to 1t. Both thes
parties have since dled-Job many year
ago, the elder DAVIS tour or five years ago
The only living witness whose namc M
pears upon the document Is j. G.. Sconc,
who o resides in Arkansas. After th
will had been drawn-so runs the story {
those who conflde in its authenticity
was stowed away among the effects Z
old James Davis and there RENAME