New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-19
4 F4MOUS WILL CONTEST SETTLED.
THE MILLIONS OF A. j. DAVIS. THE MONTANA
MILLIONAIRE, TO BE DIv1DED-LiTlGA-
TrOy THAT COST 81 900 900.


Chicago Dec ls-The Davis will case is settled.
and sl1 eOOoO the value OF the estate Of Andrew
T. Davis the Montana millionaire, Will soon be
divided among the heirs. thus ending a sensational
case A settlement has been made with the con-
tostants Of the VIII. Henry a. Root and Mara
Cummings, on the basis OF their original claim,
which was three and half eleven.hs OF the entire
estate. This would equal $3,5oo0oO. and In the set
tlement the contestants get their expenses and
counsel fees which amount TO nearly 100000. There
are four other heirs. all relatives or the dead
millionaire. and two OF them live In chicago one
is George W. Davis. young man who mas oeen
employed a number of years in THE Heraids
business office His brother T. II. Davis, also
lives in Chicago, and is engaged in the "oal ous'
ness Andrew ]. Davis and John f. Davis. BROTH
ers of the Chicago men, live in Butte, Mont.
The settlement OF the case was made after q
long legal battle OF which the long and sensational
trial was only an incident Robert g. ingersol
of counsel for the contestants while the OPP
ponents had attorneys the best IN the
Northwest. Negotiations looking to the settlement
have extended through three and half years.
At every step both sides have fought with all the
methods the law allows John A. Davis, the orig
ral opponent and brother OF Andrew j., was
killed by falling down a flight of stairs In Victoria,
3. c. last winter. while the negotiations were IN
progress. There was talk at the time that he had
been pushed down the stairway, but 1t was proved
that death was accidental With his death, his
claim in his brother went to his four sons
Who through the recent settlement nave become
millionaires.
The wealth OF Andrew J. Davis was accumulated
chiefly by the Montana sR Rnse Of bs recent
depression this property IS considerably decreased
including securities of the best kind. and large
real estate holdings in fnrcs Is e sas
between 100000 and 10000.
Henry \. Root, who made the isht against aims ths
came originally from New-York. and was nepheY
OF Andrew J. Davis. He is a lawyer and MS de-
won for him the admiration of mis- profession AZ
least 81 cO.eO has been spent IN the case py o4In
that a settlement would not have been reached
without decision from the Court; The legal
we'll in Montana. and motions and arguments
before judges have kept the crowd OF lawyers
The Davises are an old Illinois family. haing from
Rockford John a: Davis lived for some years IN Sn-
oago. Andrew j. Davis went from Rockford te Mon.
trna Just before the best mining days and struck IL
rlch" When he died in Butte. March II, $50 MS
wealth estimated at $4,000: tie lett no
immediate family. and short time after his death,
John Days hled petition for apPo pom ms9s
By Root who had gone to Butte from New YORK;
but the Court made The apponimSnt asked ask nsn An
appeal was taken TO the supreme court anu penn,
Ing the hearing on this appeal Mr.. DAVIS produced
an instrument hs claims WAS WAS tne iaSr NH s the
appointment Of an administrator. ana tne appear
was never heard The viii was contes'ea ana o Ia
by Root acting also for mis- aunt. Mrs. Cummings
claimed by the contestants tnit
was a forgery and made by James X. Eddy, and
that it not in fact the viii and testament o,
Andrew J. Davis. After the contest was entered
the Court appointed j. a. Talbot special admin
istrator for the estate. and the property VIII Dc
under his control until the papers OF the settle;
The first trial resulted IN disagreement OF the
Jury II stood seven ia favor Of the contestants
and five for the opponents. There were allegations
of iury-bribing on both sides. The second trial
WAS set for Nav s. 1898 On January . last. before
the date FOR the ;rlal John \. Davis was
killed in Victoria. This resulted in the settlement