The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-26
DAVIS LAWFUL WIFE
Mrs. Hulda Queen Davis-Williams-
Smell Wants the Whole Works.
SHE'S FROM CALIFORNIA
The Famous VIII Case Attracts An
other Claimant to the Scene
A Long and interest
ing Romance.


elor turned up yesterday and entered
her appearance in court. She is not at
all modest in her demands. She is not at
only asks that the probate OF the old
will be revoked, but asks that the
whole Davis estate be distributed
among herself and two daughters. She
recognizes no other claimants or pre-
tended heirs. The alleged widow is Mrs
Hulda Queen Davis, otherwise known
as Hulda Smell of Tehachapl. Kern
county, Cal, and she is represented by
Attorney Miles ]. Cavanaugh of Butte
and Haven & Haven of San Francisco
The existence OF such claimant first
became known about a year ago, but
not much attention was paid to her
pretensions, and the other heirs laughed
at her story. Yesterday, however, 1t
got beyond the laughing point and the
woman's attorneys say she has a good
case, and II permitted to do so will con-
vince any jury of the fact. Lawyers,
however. will talk that way. In her
petition, which was filed late last night,
she recites first that she is a resident Of
Kern county, California, and that she
Is the lawful wife of Andrew j. Davis,
deceased, late of Silver Bow cQnpty,
Montana; that on the 18th day OF May,
1891, an inventory and appraisement of
the estate Of Andrew j. Davis, de-
ceased, was filed in court showing that
at the time of his death he was pos
sessed OF a large amount of property,
real and personal, located in this county
and of the appraised value of 81, Alp ,250.-
0S; that said A. ]. Davis died on the
18th day of March, 1890, and that on
July 20, 1890, one John A. Davis filed in
court what purported to be the last will
and testament of the deceased; that on
March q, 1895, the will was admitted
to probate; that on April s, 1895, John
II. Leyson was appointed administra-
tor; that said will is the only will, or
purported will, offered for probate as
the last will and testament of the de-
ceased.
The petition then goes over the same
ground covered by all the other con-
tests and alleges that the probated will
was a forgery and that A. ]. Davis
died intestate and concludes as fol-
lows: THAT the said purported will
and the probate thereof, so far as your
petitioner is concerned, are void and
of no effect. for the further reason that
no provision was made in the said will
for your petitioner, nor any mention
made in such will why such provision
was not made; that your petitioner in
termarried with the said Andrew ].
Davis. deceased, on the 18th day of
August, 1912, in the county of Carroll,
in the state of Arkansas, and at the
Nlhlt VI lllt dfttdSt VI lllt Sdlu AUuItW
j. Davis was his lawful wife; that there
was never any decree of divorce grant
ed TO either your petitioner or the said
Andrew j. Davis, deceased, voiding or
annulling the said marriage, but at the
time of the said decease of the said
Andrew j. Davis the said marriage was
existing and in full force and effect;
that two children were born to your
petitioner. as the issue of said mar
Wit
the said Andrew j. Davis, de-
ceased, both females, one Mary
Isabella, now Mrs Mary Isabella Nor
row. and at present living and residing
in Fresno. in Fresno county. California,
and one Laura Annis, now Mrs Laura
Annis Calhoun. now living and resid-
ing in the city of San Francisco, coun-
~ OF San Francisco. state of California.
That the said female children hereto
fore mentioned were born in lawful
wedlock and are the natural daughters
of the said Andrew J. Davis. deceased.
That your petitioner is informed and
believes that all the debts OF the said
deceased and of the said estate and all
expenses of administration of said
estate so far have been fully paid, and
that there is in the hands of the said
administrator now ready for distribu-
ton large amount Of money and prop
erty belonging to your petitioner, and
to the said daughters heretofore men,
toned of the said Andrew ]. Davis,
deceased.
THAT your petitioner and the said
Mary Isabella Morrow and the said
Laura Annis Calhoun are the sole heirs
at law of the said Andrew J. Davis, de-
ceased. and are entitled to the whole
OF the residue Of the estate of the said
Andrew ]. Davis. deceased, in the fol
lowing proportions, to-wit: To your pc
titioner, one-half of the residue of said
estate; to Mary Isabella Morrow, one
fourth of the residue of the said estate.
and to Laura Annis Calhoun, one
fourth of the residue OF the said es-
tate
Wherefore your petitioner prays
that the order heretofore admitting the
purported will of the said Andrew j.
Davis. deceased. to probate be revoked
that a citation issue to the administra-
tor with the will annexed and to all the
legatees and devisees mentioned in
said will and to all persons i'm your
state claiming TO be the heirs of the
said Andrew J. Davis. deceased. requir-
ing them to show cause why the said
order admitting said will TO probate
should not be revoked"
There are many interesting things in
the story told by the California woman
that do not appear i'm her petition. The
alleged facts related by her San Fran
cisco attorneys are TO the effect that
Davis, in his youth, was eccentric. and
hardly had he reached the age of man
hood when he wandered from his home
I'm Massachusetts, or New York, or
wherever IL was. and came west 20 In
diana; subsequently TO Iowa, and then
went to Arkansas in pursuit OF his for
tune. There he met and married girl
several years his junior, named Mary
Queen, who bore him two daughters.
After many vicissitudes. which carried
him from one place to another i'm the
Mississippi river states, he caught the
gold fever and, in 1919. crossed the
plains to seek his fortune I'm California
He left his wife behind him. After re-
ceiving several letters from him. in
which be told her Of his great enter
prise on the Toulomne river. his wife
was shocked by the intelligence reach
ing her 70 the effect that her husband
had been shot and killed near Fresno.
Cal Three years later the supposed