The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-23
IT MAY REOPEN THE CASE
A Most Important Decision Rem
dered by Judge De Haven.
ANDREW J.. DAVIS ESTATE
The Court Finds in Favor of h Com
plainant, Erwin Davis of New York.
and Against the Heirs Under
the Probated Will.

Judge De Haven in the United
States court yesterday made a most
important decision on the demurrers in
the suit of Erwin Davis of New York
against Andrew j. Davis and other
heirs under the probated will. The de-
cision was in favor of the complainant
and against the defendants n made
il possible for a reopening of the whole
litigation over the estate again. The
decision is opposed to one made by a
court in Massachusetts, on a similar
suit instituted by Erwin Davis in that
state. The complainant sues for a half
of the entire estate, to which he claims
to be entitled by virtue of a contract
he had with John A. Davis and other
heirs. under which he was to pay all
the expenses of resisting the will con-
tests and receive one-half of all the
estate in case the will should be ad-
mitted to probate, which was done un-
der a compromise cache by the vari-
Gus factions, but in which Erwin Davis
was ignored. Judge De Ravens opinion
in full is as follows:
Erwin Davis, complainant, VS.. An
drew ]. Davis, jr., ct al, defendants.
| appearances TUT COllpidiiiahtS, We
ter S. Logan, c. p. brennan, o. NJ.
Hall. For defendants, j. b. Clayberg.
]. f. Forbis. w. w. Dixon.
This is an action brought by the
complainant, a citizen of the state of
New York, against the defendants, who
are citizens of the state of Montana,
and the questions to be decided at this
time arise upon demurrers to the DILL
of complaint. The bill alleges in sub
stance that one Andrew j. Davis died
on March IL, 1890. in the state of Mon
tana, leaving a large estate, both real
and personal. situated in Montana n
elsewhere. He was unmarried. left no
child and ii was supposed for some
time after his death that he had died
intestate. The complainant is his
brother and with other brothers and
sisters and descendants of deceased
brothers and sisters named in the bill
would have been entitled to the estate
left by Andrew j. Davis as his heirs at
law in the event of his having died To-
~testate. Soon after his death. however,
one Thomas j.. Davis appeared and
claimed to be the son of the deceased,
and il is further alleged that there
were various persons either claiming
to be widows of said Andrew j. Davis,
deceased, or claiming to be children,
either legitimate or illegitimate, and
various suits and claims were being
made and threatened against said
estate by such persons or some OF
them" Under these circumstances the
complainant, Erwin Davis, and certain
tof his brothers and sisters, entered into
a contract in the month of May, 1880
by which ii was agreed hat the com
plainant should institute and prosecute
to final judgment all actions necessary
to establish the rights of the parties Il
that agreement as against the claims
) of Thomas ]. Davis, or OF any Other
person pretending to be a child of An.
drew j. Davis, and should also defend
any action which might be brought bS
any such person involving the right:
of the parties, as heirs at law, OF An
drew j. Davis: the said Erwin Davi.
1 to bear all the expenses in anywise in
' cident to said litigation, not exceeding
the sum of 5000, 900. In consideration u
= his undertaking on the part of tn
t complainant the other parties appoint
ed him as their agent to institute
prosecute and defend the actions con
r templated by the agreement, with au
thority to compromise any and all SAT-
ontroversies and actions; providing
A however, that any such compromise o
settlement should be upon terms equ
. between said complainant and each o
= the other parties to the agreement, an
I. the agreement contained the following
a1S AaSAf -
fnal Judgment of the courts in said lit
igation, or any of them, or by com
promise or settlement, the parties here
to have realized and become entitle
to have the said estate and property
6 each of the said second parties sha
= and will pay, grant and convey to tn
- said Erwin Davis one-half of wha
: each said party shall receive or be en-
titled to receive from or on account c
- said estate or the proceeds thereof, tn
: other half being and remaining tn
- property of each such party, free an
- clear of all claims by said Erwin Dav
by reason of his services and expend
II lures aforesaid. All the ~stipulations +,
III this agreement shall be binding upo
:, the heirs, executors, administrato
n assigns of each party hereto, an
shall be to the benefit of each of sue
8 parties as If theesame had been so e,
> pressed in each claus thereof, and I'll
4 stipulations of the second parties sha
! be considered and taken to be sever
and not one for the other. When til
" assets of the estate or any part there'
Is shall be realized and in the hands
L. the administrator or other custodian
the same ready for distribution amor
the parties entitled thereto, each part
ST his heirs, executors, administrators
ek assigns, shall receive his or her sha
u thereof as above provided, and !
IS more; that is to say, the original sha
of each of the second parties shall
divided into W. parts and one pa
", shall be payable and received by q
first party hereto without further ord
De in his favor from the second parti