The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-28
DAVIS MILLIONS DIVIDED
The Celebrated Will Contest Settled By
Compromise.
A PUBLIC SURPRISE
The Will Admitted to Probate-Andy
Davis Holds the Bank-J. n.
Leyson Agreed Upon as
Administrator.

promise reached among all the claimants
whereby the vast estate will be distributed
esraong them. Tho announcement of the
settlement was made this morning in
oudge McHatton's court and came in the
nature of pubic surprise. No one knew
OF II in advance but the attorneys directly
interested, and the Judge who had been
given an intimation of what was coming.
w. w. Dixon, Judge Kirkpatrick, and
Forbis Forbis, representing the propon-
ents of the contested will; Judge W. L.
Cullen of Helena, Attorney Snyder of New
York, representing Harriet Sheffield and
Henry A. Davis. and j. ID. Clayberg, rep
resenting the contest OF Henry A. Root
and others, were in court when Judge
Dixon called tho matter up and an
nounced that an agreement and compro-
mise had been reached and that the con-
tests would be Withdrawn and a consent
filed to have the old will admitted to pro-
bate. The attorneys for the con-
testants then formally withdrew
the contests and the testimony of
John G. Sconco and Mrs. Mary A.
Downey, witnesses who testified at the
trial OF the Root contest several years ago.
was offered and admitted as proof of the
genuineness of the will, and upon that
testimony Judge Mediation made the or
der for tho probate of tho will. Sconce
was witness to the original will and his
testimony was to that fact. Mrs. Downey,
though not having signed the will rs IA
witness, testified that the will was drawn
and signed in her fathers house in Iowa
and that she was present when it was
done.
After hearing the statements of the ut
torneys and considering the testimony
offered, Judge Mediation signed the fol-
lowing certificate OF proof and facts as he
found them:
In the matter of the estate of Andrew
j. Davis, deceased, |, John j. Mediation,
judge of the district court of the sec
ond judicial district OF the state of
Montana, in anu for the county of Silver
Bow, do hereby certify that on the 9th
day of March, A. ID. 1895. the annexed in-
strument was admitted to probate as the
last will aud testament of Andrew j.
Davis, deceased, and from the proofs
taken and the examinations had therein.
the said court finds as follows:
That Andrew j. Davis died on or before
the 11th day of March, A. ID. 1890. in the
county of Silver Bow, state of Montana,
and that at the time OF his death he was a
resident of the city of Butte, county of
Silver Bow, and state of Montana.
That the said annexed will was duly ex-
ecuted by said decedent, in his life time,
in the county of Davis, state of Iowa. in
the presence of Job Davis, James Davis
and John L. Sconce, the subscribing wit
edged the execution of the same ia their
presence, and declared the same to he his
last will and testament, and the said Wit
nesses attested the same at his request
and in his presence and in tho pres
ence of each other; that the said
decedent, at the time of execute
ing said will Jas aforesaid, was over the
age of Is years and was OF sound and dis
posing mnd and notiacting under duress,
menace, fraud or undue influence, or IN
ct NJ a
bequeath his estate.
In witness whereof. have sigael this
certificate and caused the same to be at
tested by the court. under the seal thereof
this 9th day of March, A. ID. 1895.
John J.MCHATToN,
Judge of said court.
The order probating the will and the de-
cree giving the basis of settlement, is in
full as follows:
In the matter of the estate of Andrew
j. DAVIS, deceased. Upon the contest of
Henry A. Root and Maria Cummings
against the probate of the proposed will
of the said deceased, wherein John A.
Davis is prepayment. and said Henry A.
Root ct AL, contestants, and the contest
of Harriet Sheffield and Henry A. Davis
against the probate of said will, and
wherein John e. Davis, administrators of
said John A. Davis, deceased, has been
substituted for said deceased. The pctI-
ton of John A. Davis, deceased, hereto
lore uleu. tue ADMISSION TO
probate OF certain document, filed in
this court, purporting to be the last will
and testament of Andrew j. Davis, de-
ceased, and that letters testamentary he
issued TO said petitioner. this day. regu-
larry coming on to be heard, and il APP
pearing to the court that John f. LAWS
has been duly appointed administrator of
the estate of said petitioner, John A. Da-
Wis, deceased, and that letters of admins
iration have been duly issued to him, and
that he is duly qualified and acting as
such. and that the said John l.. Davis,
administrator as aforesaid, has been duly
substituted for and in place of the said
John A. Davis, deceased, and said petit
ton having, by leave of court, been
amended accordingly, and it appearing
that the contest of the said Henry "A. Root
and Maria Cummings and of
Harriet II. Sheffield and Henry \. |
Davis, have been compromised and |
settled and the said contest this day |
dismissed and Withdrawn IN open court, |
in pursuance of stipulations and agree |
ments, and it appearing that there is no |
further contest or opposition to the pro- |
bate OF the said alleged will. and due |
proof having been made TO the satisfac- |
ton OF this court that due notice had /
been given OF the tune appointed for prov |
ing said will, and for hearing said petition,
and that citations have been duly issued /
and served as required by the previous l
order of this court; and it further appear |
ing to this court that notice has been /
given according to law, 10 all parties in
tcrested. and after examining John {. |
Scone aud Mary A. Dowucy, produced on /
behalf of said petitioners, whose testi- /
mony has been reduced on behalf of said /
petitioner, whose testimony has been re- |
ouced to writing and filed herein. from 1
which II appears that said document is /
the last will and testament of said Andrew \
j. Davis, deceased; that il was executed 4
in all particulars as required by law. and |
that said testator at the time of the exc
cution of the slTpe was of sound and s.
posing mind, and not under restraint and
not acting under duress, menace, fraud. /
or undue influence; that said Andrew J.
Davis. deceased, died on the 1ith day OF /
March A. ID. 1892, being a resident of the
city of Butte. county of Silver Bow. state
of Montana. at the time of his death. AMI I
leaving both real and personal estate
in said county and state ahd elsewhere.
NM tho nsfntn nnl nffncfs for a1I In r. |