The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-06
one MORE DAVIS Will
Alleged by "The Iowa Boy" to
Have Been Made in
1882.
Said to Be Id the Possession Of
John A. Davis and Sup
pressed.
Heirs and Claimants to the Vast Esta.s, to
Talk Compromise In New York
City To-day.

BTTTE, Jan. g. Special AT the Hol-
land house in New York city tomorrow
there will be u conference of the heirs and
claimants to the Davis estate, with view
to settle the long continued controversy
without further legal proceedings. IL
seems, however. that Thomas Jefferson
Davis, o. Iowa, the alleged iIlegitimate son
Of the late Andrew j. Davis, does not pro-
pose to abandon the legal proceedings.
To-day he filed in the district court here
petition for intervention, III which he
claims that John A. Davis has in his pos
session another will, executed by the de-
ceased in 1882, canceling all former wills.
The petition in the main is as follows:
Now comes Thomas Jefferson Davis inter-
venor, and represents that he is the son and
sole heir-at-law of the deceased Andrew J.
Davis; that he is the issue Of deceased by
one Lucretia Brown, now also deceased,
to whom, as he claims and believes,
said deceased was married in conscience
and at law by consent Of minds and cohab-
itation as man and wife; that he is the
issue bern of such relation; that he was in
the lifetime of said Andrew j. Davis orally,
publicly and notoriously recognized as the
son and the Issue Of said relation; that he
was named By him, maintained, supported
and educated by him and in every way
treated as a son; that hewa also recognized
in writing in the presence of witnesses by
said deceased and his son; first. by contract
with parties as to his support and mainten-
anoe and education, which said parties are
to your declarant now unknown, and which
writing is lost or destroyed and cannot be
exhibited herein, or more particularly
stated and set out second, by certain
writing known as will executed on
or about 1881, written by L. w. Knight:
third, by other writings. letters and papers
duly executed by such deceased, now in
possession of John A. Davis, Erwin Davis
and other parties to your declarant un-
known and either concealed by him or lost
or destroyed. Your declarant therefore
states that he is interested in said estate
and entitled to intervene herein.
Deolarant further states that the pre-
tended will herein presented was revoksd
by another executed by said deceased
about 1889, in Iowa, in the presence OF
Isaac and Phoebe Nelson as witnesses, and
signed by the said deceased in the presence
of said witnesses, and said to be his last
will and testament, and signed by said
with esses in his presence at his request, and
published as such will that declarant is
unable to set out a copy Of said will
because the same is in the possession or
under the control of John A. Davis.
proponent and defendant herein, and AZ he
believes, suppressed and concealed by him.;
that said will, by its terms. cancelled all
former wills, and by its provisions was in
consistent with the present alleged will;
that at this time declarant is unable to
more fully state the contents of said will.
Your declnrant therefore asks to be per-
mitted to intervene herein rs party plain
tiff. and equal in all respects with contest
ants herein, and also prays that said will Of
1882, aforesaid may be proved as existing
at the time of the death of the deceased,
and NAV be, upon full and satisfactory
proof thereof. admitted to probate.