The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-29
ANSWERS COMING In
Administrator ]. q. Lsyson Is the
First to Make an Appearance.
MRS. BOWDOlN'S CONTEST
The Legatees OF the Probated VIII
on Hand With Their Side of
the Case-An Interesting
State OF Affairs. FL
MRS. BOWDOIN'S CONTEST

will case were filed in court yesterday
in reply to the citations issued on the
petition of Elizabeth S. Bowdoin for the
revocation of the probate of the alleged
forged will. The answers indicate an
other rather interesting condition of af-
fairs, as they go to show that some of
the late contests got into the wrong
band wagon when the original fight on
the will was started. and that later
something happened to make them
wish they hadn't.
The first answer is that of John H.
Leyson, the administrator of the estate,
who is represented by Hon. w. w
Dixon, John F. Forbis and James W.
Forbis. Some of the immaterial allie
cations in the Bowdoin petition are
admitted by the answer, and others are
passed over because the administrator
did not have sufficient knowledge or in
formation on which to form a belief
Mr.. Leyson says that except as admin
istrator he has no interest upon the
estate, and upon due and sufficient
proof he is ready and willing to abide
| py such order as the court may make.
AS affirmative matter, the admins
traitor sets up in his answer that due
and legal notice had been given Mrs.
| Bowdoin of the application for the pro-
bate of the will and to all other persons
| interested, and that Mrs Bowdoin had
actual notice of the tendency of the
| application. 1t is alleged that Erwin
! Davis, brother of Andrew j. Davis
| deceased, and of Mrs. Bowdoin, was for
long time prior to the probate and
| has ever since been the duly author
lied and acting agent of Mrs. Bowdoin
| and has always represented her in all
business connected with the estate, and
her petition was actually filed at his
instigation and under his direction and
for their joint benefit. AS a sister of
the deceased. Mrs. Bowdoin was enti-
tied to contest and oppose the probate
of the will, and by virtue of certain
contracts in writing between her and
Erwin Davis and between Erwin Davis
and John A. Davis, Mrs. Bowdoin
claimed to have become largely inter-
ested in the estate as beneficiary I'M
der John A. Davis, on account of which
she was entitled to assist in the con-
test of the will and share in the ex-
pense. Both before and after the will |
had been offered for probate she elect |
ed to claim as a beneficiary under the |
will and to assist in it's probate instead |
of electing to claim as heir at law and |
in opposition to the will and to con-
test it,
Prior to the filing of the Root and |
Cummings contest Mrs. Bowdoin refus- |
ed to join with them in the contests,
although requested to do so. 1t is al |
legged, further, that Mrs. Bowdoin ex- |
pended a large sum or money in en-
Il
Wis in probating the will, and helped to |
procure the attendance of witnesses /
and obtaining testimony in resisting /
the opposition of Root and Cummings |
Since the entry of the order probating
the WILL Mrs. Bowdoin through her at
torney, Erwin Davis, ratified and con-
sented to the order and proceedings
and instituted various actions based |
upon and relying upon the will pro-
bated and is now prosecuting such ac-
tons through her attorney and agent
Erwin Davis. BY reason of these facts,
she is now estopped from contesting
the will and should not now be permit
ted to assail or impeach it.
Henry A. Root, who is represented by |
f. w. Toole and John b. Clayberg of |
Helena, filed his answer to Mrs. Bow
doin's petition and repeated the same
allegations contained in Mr.. Leyson's |
answer. and further says that the or
der of probate was procured by him
and others by compromising and set
thing with the proponent of the will, |
and dismissing and withdrawing the
opposition and contest. BY the terms
and conditions OF the compromise he
became and is a beneficiary under the |
will and is interested in maintaining
the order of probate. BY reason of the
fact that John A. Davis and Mrs. Bow
dom refused to join the defendant in |
the contest, and through her agent Wig |
orously prosecuting the proceedings to
probate the will, and being Influenced
and induced solely on account thereof, |
Mr.. Root was influenced in compromis-
ing and settling the litigation and with
his contest, as he of right |
might or could do, so as TO purchase |
his peace in that behalf. But for the
acts and doings of Mrs Bowdoin i'm |
connection with the probating of the ,
will, Mr.. Root says he would not have
and settled the contest by
and dismissing.
Since the compromise was effected
and before Root had any notice OF Mrs.
Bowdoin's intention to repudiate IL or
assail the will, and by relying on her
former position he has laid out and ex-
pended a large sum of money and
so changed his condition and
status and condition as to render IL i'm
possible to reinstate him. The compro-
mise and settlement was one that the
parties thereto could properly make,
md the rights of Mrs. Bowdoin, IL any
she has, are on account of being a
of the will she aided in pro-
)ating. By reason of the promises to
allow her to succeed in revoking the
order probating the will. would deprive
he defendant, Root. Of his right to
the litigation, deprive him
II bis contest so initiated, and work
treat and irreparable damage and in
ury on account Of the facts set forth,
nd Mrs. Bowdoin has become, and in
quity and good conscience should be
stopped from impeaching or revoking
he order probating the will. Mr.. Root |
oes not deny his position to the effect
hat he believed the probated will to
lave been forged.
The third answer filed yesterday was
Z John f. Davis A. ]. Davis. jr F.
l. Davis. George w. Davis. Charles G.
Davis, Morris A. Davis and Thea Jane
~fz h1fr 81 Iaw - -. /
he principal legatee under the pro
ated will. These defendants are also
represented by Forbis & Forbis and
V. W. Dixon. Their answer denies that
he probated will is void or that IL Is
forgery or that IL was ever revoked II
y a subsequent will. IL is denied that
new will was executed in 1855. and the