The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-08-01
The Davis VIII c.sa

The Davis Will Case
Inc trial IN the Davis will case was
begun before Judge Mediation in the
district court at Butte Monday.
John A. Davis, brother of the dead
mlillonaire, who presents will for pro
oate Dy the provisions of which he be-
comes almost the sole possessor Of the
immense fortune involved, is represented
oy Col; WOolworth of Omaha. Congress
man W; W. Dixon, Judge Kirkpatrick
). r: Forbis of Butte, Senator ". r
Sanders OF Helena and Judge Trumbull
OF Iowa. Claimants who will contest
the Will are represented by Col. Inper-
soil, Nathaniel Myers of New York =
W. Toole, j. B. Clayberg of Helena G.
w. Stapleton OF Butte and prominent
attorneys from other states. The first
day was consumed in securing a iury
which was finally sworn as follows.
Moses Arnold, j. ID. jerks, w. w. Ad.
ans, Geo. Erickson, G. W. Newkirk. p
A. Gamer, Charles Elderkin. G. G.. Tor.
rell, John c. Heilig, r. d. Gould. Thomas
Scadder and John F. Pascoe
The following is brief history Of the
case to date as related by the Inter
Mountains:
Judge A. J. Davis died at his residence
in Butte March IL, 1890, and although
the sixteen months intervening have
been full OF fight for the possession of
his millions, it has only progressed to
the probate OF an alleged will. The first
move made by all parties when search
for the will had been found useless, was
TO secure possession of the propertv as
administrator, and on March % of that
year, John A. Davis of Butte, brother of
the deceased, and Henry A. Root of New
YORK, nephew. filed application for let
ters OF administration. On the the next
day John A. Davis filed his objection to
the application of Root. On April 2 a
new aspirant, IN the person of Thomas
Jefferson Davis, who claimed to be
natural son of deceased, filed his appli-
cation for letters and at the same time
his objections to the issuance of such
letters to John A. Davis or Root. On
the same date Edward Manning filed an
application for letters and on the next
day Jas W. Murphy did likewise. On
the 10th Root presented his objections
to the issuance of letters to John A.
Davis, Edwin Manning, T. J. Davis or
James W. Murphy. On the 18th Erwin
Davis of New York, another brother,
filed petition asking that letters be
granted to John A. Davis. On April 10
Mrs. Elizabeth Smith of California put
in a claim, and her husband entered an
appearance for her. About the same
tiulo w. III. 1Oung uf Quito nlane n Claim
for letters as the representative of
Thomas Jefferson Davis.
On the 10Th the hearing was begun,
and w. H. Young made motion for
continuance, which was denied. The
hearing was concluded on the Oath and
the matter taken under advisement. On
the 28th an order was made appointing
John A. Davis administrator. On May
18th the motion of Root for new trial
was argued and denied, and an appeal
was taken and bonds field.
John A. Davis appeared July oath
with the will which is up for consider
alton.
On August 9th, Harriet Scheffield,
Henry A. Davis, T. J. Davis and Henry
A. Root all gave notice that they would
contest the probate of the will. On the
same day James w. Murphy and John
A. Davis each filed an application for
special letters of administration, and on
the 18th special letters were issued to
James A. Talbot, his bond being fixed
at S3,OOO,OOO.
September 3, Root filed his exceptions
to the order of the court for the appoint
ment of special administrator. On the
10th, Eliza Davis and Eugene A. Davis
filed petition for letters. On the llth,
Maria Cummings appeared as an OBJ
iectOr to the probate of the will and on
December 90 the court set February =,
1891, as the date for the hearing OF the
probate of the will. On January II
James w. Murphey again came to the
front with a motion to set aside the or,
der appointing John A. Davis special
On the 22nd motion
for continuance was filed by contest
ants and overruled on the 26th. On the
10Th contestants filed notice of demand
for trial by jury and also motion Tor
the appointment of a jury commission |
and the latter was overruled. On Feb
ruary 9, the day set for the hearing, the
case was called, but the trial went over
from day to day until February IA,
when, by the consent OF both parties
the hearing of the probate was fixed for
May 20, 1891.
April 10 Root introduced a motion and
affidavit for change of venue which
was argued May 2 and was overruled,
and on the 18th Roo. gave notice OF an
appeal from the decision OF Mediation
denying his motion for change OF
venue. May 20, R. G. Ingersoll, D.. II.
Payne and j. S. Woolston were entered
Is attorneys for contestants and W. r.
Sanders attorney for proponent. On the
same day the hearing was postponed by
agreement until June q, then to July
l3, and finally until July q, the reason
'or the several postponements being to
await the decision OF the supreme court
% v hich the matter of the change of
,enue had been appealed. That was
decided against contestants and this
morning the will came up for probate.
Foul Play or Billings Whisky.
A Billings dispatch Of the 10Th to the
independent says: Two Crow Indians
,amed Dog and Big Nose we're run over
md killed by the Atlantic express west
+ the bridge over the yellowstone,
bout two miles from Billings, at ~
his morning. Their bodies were fright,
~, ,,,orolod The train was backed