The evening world., 1893-12-19
FOR DAyIS'S MILLIONS
Fight Transferred from Montana
to New York Courts.
No Settlement Has Been Made Nor
Is Any Contemplated.
Surrogate Ransom Asked to Appoint
an Administrator Here.

Contrary to the reports which have
been tclcgraphcd here from Chicago that
the litigation over the Will Of the late
Andrew j. Davis. of Montana. who left
an estate of 100000 600, had been settled.
efforts were begun here to-day to bring
the litigation into the courts OF this
county.
An application was made to Surro-
gate Ransom to-day for the appointment
of an administrators in this city, TO take
charge of whatever part of the estate
may he found in this state.
The application was made In behalf Of
Mrs. Harriet X. Sheffield. a niece OF
Mr.. Davis, who alleges that her rights
are n3i protected in the rrocesdinsa in
hav the matter of the validity of her
unclc's will disposed OF hero.
Several lawyers Interested In the case
were in court when surrogate Ransom
Lawyers ". i, Logan and W. L..
Schneider appeared for Mrs. She,i'eld, and
Col. Robert lngcrsoll and X. IL. Griffin
opposed the application.
All of the lawyers deny cmphatically
the truth of thc, teleEraphic reports OF the
settlement OF the ~l!t!Eatipn. and declare
that the case is a long way from a set
Element.
Mrs. shemeld's lawyers argued that
there was n conspiracy among parties
In Montana to deprive their client of her
rights.
At the first trial OF the case in, Mon
tana, 1t was stated that the, VIII was
Il forgery. The jury disagreed.
Con. lngergoli, In arguing against tn"
apIl cation. stated that there was no
property of the estate here such as
would justify the appointing of an ad-
miniStrator.
Several years ago there wa. property
In this city b~elong!ns to Davis, which. II
i aIlegsl' amounted IT. to several hundred I'd
the shape of bonds and stocks, and was
in the hands of Seligman q Company.
the bankers. who transferred them TO
Clark, Dodge u Company, who, In turn,
sent them to the administrator of the
estate appointed by the courts of Mon
tana.
In order that the court may got iuris-
diction of the estate, Irwin Davis makes
an affidavit tina he has personal prop
crty consisting of old clothes belonging
to his brothers estate ana Is also m
dcbted to the estate $3.50 for money Dor
rowed.
In answer to that affidavit Col. Inger-
soil declared that Irwin Davis was really
indebted to his brothers estate about
500, 100. He stated that there was moth
ing to prevent Irwin Davis from sending
the Oh clothes to the Montana admins
traitor and also paying him the 500 he
admits owing the estate.
Col. Ingersoll insisted that Mrs. Shelf
field was in the wrong court, ana that
her rights would be well taken care Of
IN Montana.
property belonging to the estate in this
city," declared Col. lngersoil.
Blu we think there ,s.' interrupted
Mr.. Logan. I'VE think there is a great
deal of the properly here. We want t.
examine to find where It Is. Nv think
some of your clients have 1t. and possibly
you AVE some of it."
The Surrogate interrupted at this
point, saying, laughingly: II think, IL
all reports are true, Col. 1ngersoll ough'
to nave a great deal of It. He Ger
tni1ly deserves 1t for the work he has
lone.
nIter recess Lawyer Schneider con,
;inued his plea for the appointment ol
an administrator lie said Mrs. Sheltel'
did not make application In Montana
because she could not get justice there.
COL. lngersoll briefly reviewed the case
telling how he, in behalf of Henry Root,
his lRuot'sD sister. ana Maria cum
mings. had fought the Will, believing 1t
to be ii forgery.
Iowa. who wrote all the names and
eVorything else upon it," said the col.
onel. I'VE wanted these people to come
in with us and fight, but they declined,
1t does not seem fair that after We
had expended some 5000 900 or $i0n. go In
fighting til" matter that they, who had
remained passive, should come in and
claim IN equal share. They sold their
interests 10 irwin Davis. who Is on the
side of the Will" Col. lngcrSoli argued
that the proper place for Mrs. Sheffield
to apply for an adminiStrntor was In
Montana. Both sides submitted BRIEFS,
and additional papers will be filed to-
morrow.