The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-27
THE DAVIS MILLIONS
Trouble About the Estate Has Broken
Out in a New Place.
IN THE COURT ONCE MORE
Mrs. Smith Is a Niece and She
Claims That the Scheme to
Divide the Property Was
Crooked Work.
IN THE COURT ONCE MORE

case was commenced yesterday b,
Elizabeth A. Smith, of California ;
niece OF the dead millionaire, Andrew ]
Davis, and the wife of j. Howard
smith, San Francisco attorney. He
| petition is also the most sensational
with the possible exception of the cali
fornia woman who claims to be a sur
| VlVing widow of the dead millionaire
Inc petition cover 165 closely-printet
] pages of legal brief size and covers the
| noted case from the date of Judge pa.
Wis death down to the appointment OF
). II. Leyson as administrators. The
| petition, which vas drawn by Mr.
Smith himself, represents an immense
amount of labor. 1t begins with the pc.
| ttion OF Mrs. Smith and is followed by
| the entire testimony and proceedings
| OF the mistrial of the original contest
| including the testimony of about 100
witnesses. dispositions as to the spelling
apliity OF Job Davis and testimony as
| TO the bad character of John c. Sconce
one of the principal witnesses for the
proponents.
Inc petition sets up the old grounds
OF forgery and then attacks the juris-
dlction of the district court, alleging
Tor many reasons that the court had
no power or authority to appoint an
administrator or admit the will to pro-
bate after the mistrial and in the alb
sence of proof that the will was gen
uine The contest is on entirely differ-
ent grounds from any of the others.
from the fact that IL does not rely on
the alleged forgery of the old will
Inc beginning of the long petition
is interesting as it has to do with the
detail of the life, character and death
or Judge Davis. 1t recites that An
drew j. Davis, died inestate in the city
or Butte on the 18th day of March.
1890, OF gradual paralysis of the brain
with which he had been threatened for
several years and left a large estate
consisting of both real and personal
property, of the value of several mil
lion OF dollars, and left no debts save
those OF a trifiing nature and said debts
were paid and fully discharged many
years prior to March 81, 1895, by the
special administrator of the estate:
that said Andrew ]. Davis was a man
of good education, of exceptional ener-
gy, tenacious and subtle of purpose
Keen in Judgment, close, methodical
and experienced in business, courteous
In manner, proud and ambitious, secre-
tive and suspicious by temperament
ana, In the vigor of life, aimed never
TO place himself at a disadvantage in
his dealings with men; that said An
drew j. Davis never married and that
he left him surviving no wife nor
child, nor father nor mother, but left
children of deceased brothers and sis
ters."
The petition then relates that Eliza
beth A. Smith, known in the proceed
ings as Lizzie A. Smith is a resident of
California and the heir of and entitled
to one twenty-second part of the es-
tate, she being one of two daughters OF
Roxanna Dunbar, deceased, who was a
sister of Davis. July "a, 1890, John A.
Davis filed a petition for letters of ad-
ministration, and H. A. Root filed OBJ
1ections to the petition and strenuous
ly contested" the application of John A.
Davis and petitioned for letters of ad-
ministration in his own behalf, and
charged that a fraudulent conspiracy
existed to defraud certain of the heirs
of Andrew j. Davis out of their Just
shares of the estate
On April 10, 1890, the petition recites.
John Z. Davis declined to accept an
appointment as joint administrator of
the estate and declined to permit the
use OF his name in connection there
with. The court overruled Roots OBJ
lection and appointed John A. Davis |
administrator, from which an appeal
was taken to the supreme court and
there affirmed. 1.-The petitioner is in
formed and believes" says Mrs Smiths |
petition, that Immediately prior to the |
death of said Andrew j. Davis, his |
niece, Ellen S. Cornue. in the city of |
Butte, said to John A. Davis. What a /
surprise 1T would be to those aunts down /
East when they realize how much |
money they will have whereupon John |
A. Davis declared, If they do too much /
talking / will go in with JEFF ian alleged |
child and take every del |
lar. 1 can go into Iowa and prove any
thing, and II won't take very much /
money to do it either"
The petition then alleges that John
A. Davis did go into Iowa and obtained |
4 simulated document" purporting TO |
be a will, but which was written by |
James II. Eddy. and which had been
by one II. II. Trimble through |
1 written agreement with John A. Da-
Wis. The filing of the will for probate
he nature of its provisions, the insti-
sutton of the great contests by Henry
Root, Harriet Sheffield, Henry A |
Davis and Sarah Marie Cummings.
he existence of the so-called knight
will of 1880 and the trial and result OF |
he contests are fully set out in the |
)etition. 1t alleges that the testimony
II the trial fully established that the |
alleged will of 1866 was not the will of
Andrew j. Davis. The petitioner is
Informed and believes that the fury
'ffered to bring their verdict that the
will of 1880 revoked all prior wills and
anne within one vote OF declaring the
-lleged will of 1866 a forgery, but the
curt ruled that the jury must find on
III the issues and, after falling to do
o. were discharged from further con-
liberation of the case.
No testimony was subsequently, in
reduced nor evidence offered to prove
he death or residence OF location of
he property Of Andrew ]. Davis, nor
he execution or genuineness of the
rill. nor as to the fact Of its being the
lst will and testament of said decd
Mt. The death Of John A. Davis is re-
tied and that he left no estate, except
is interest in the A. ]. Davis estate. | !
is alleged that claims against the
state have been allowed and approved | !
)r over 100000 including claims of II. !
l. Trimble for $4,000 and a balance
Ne James r. Eddy for $1,000. all %
hitch Indebtedness had been incurred
y John a. Davis in the purchase Of
nd endeaVOr to probate the pretenda5 | b