The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-21
TO BREAK RE|LLY'S WILL
His Sister, Mrs. Madigan, APP
pears as a Contestant.
MAKES MANY CHARGES
Wholesale Allegations OF Undue Infiu-
ence Against MIR. n Mrs. p. s. Har-
rington. in Whose House He
Had Lived for Nine Years.

Another will contest was Instituted in
the district court yesterday in which
some sensational allegations are made.
The will attacked is that of James NJ.
Reilly, which was some time ago Of
fered for probate by Mayor p. $. Har-
rington, brother-in-law of h de-
ceased, who applied for letters tes-
tamentary. Mrs. Mary Madigan. a sis
ter Of Reilly. is making the contest.
alleges In her petition hat the
VIII offered for probate was obtained
from Reilly on his deathbed and
through fraud and undue influence
while he was incompetent to make a
Will. She relates that Reilly died on
the 21st of August. 1897. and left an
estate consisting of a large brick We
neered house and a lot on East Gran
lie street. another house on leased
ground and some money and other per-
sonal property. which at the time of his
death was. and still is. in the custody
and keeping of Mr.. Harrington. The
latter states that there is s576.I0 i'm cash
and that the other property is valued
at $4,000, but the contestant says she
believes the estate is of much greater
value. At the time of his death Reilly
left as legal heirs owen Reilly. a
brother, residing in Ireland: Kate Har-
rington, a sister. wife of p. S. Harring-
ton, residing in Butte, and Mary Madi-
gan, a sister, also Twins in this city.
On the 9th of August. 1897, a will
purporting to be the last will and tes-
lament of the deceased, nominating p.
;. Harrington as executor, was filed
for probate and was admitted on the
18th of September without notice hav-
ing been given to Mrs. Madigan. The
latter alleges that the document is not
the last will and testament of the de-
ceased; that on Aug. 20. 1897, the date
of the Will. Reilly was in extremis and
was incompetent to make or execute a
VIII, n had been sick beyond hope of
recovery and neal unto death for 10
days. and died about "a hours after the
Will is alleged to nave been made. For
years before the date of his death
he had lived in the house of =. S. and
Kate Harrington as n of the family,
paying each month for his board and
lodging, and died at their house. The
pretended will gives and b%equeaths
all of his property to Kate Har-
rington. During all the time hat he
had lived at the house of u. S. Harring-
he was under the absolute influence
Mrs. Harrington and control of Mr..
and his wife. 1t is alleged
that Mrs. Harrington was continually
annoying and tormenting the deceased, |
for months n years before he died,
about making a will of his property to
her, but he always refused to do so.
and declared hat he never would
a Will and that his property
might go where il belonged. Mrs. Mad
igan says she is informed and believes
at the time he signed the pretend
ed will. IL he eve did sign it, Reilly
was incompetent to make a will, and
owing TO his physical n mental con
dition he was not competent TO under
stand what he was doing, and was suf-
fering great pain, and was not of a
and disposing mind or memory.
If he eve signed the will he did so
while acting under duress. menace,
and the undue influence of Il. s.
Harrington and his wife, and his sig
was obtained for the benefit and
advantage OF themselves and their chill
iren, and to the disadvantage of the
other heirs of the deceased. 1t is fur
her alleged that the will was not legal
y executed nor in accordance with the
requirements of the statutes, n does
lot show that it was signed at the re-
luest of the t~estator or in his presence
'r by the witnesses in the presence of
zach other. The document. it is al
was written by one Annie Can't
veil, a clerk and bookkeeper i'm the
'mploy of Mr.. Harrington, at the re-
luest n dictation Of the be~nefciaries.
I is further alleged that when the will
vas presented to Reilly for his sigma
ure he refused to sign 1t. and if he
lid sign 1t he did so while acting under
he unlawful and undue influence,
menace. duress and fraud. Two of the
to the will are Mr.. Harring-
who is also nominated as execu-
or, n Miss Cantwell. The other wit
less TO the purported will did not see
Reilly sign IL. and he was not requested
" the deceased to sign II. 1t is
laimed that the testator at no time
the will to be his last will
nd testament, and did not and could
OF comprehend or realize what he was
ding, for the reason that he was at the
me suffering great mental and physi-
al pain. The court is therefore asked
D set aside the order admitting the
will 10 probate and appoint
ne +. S. Harrington executor, and
ESQ to declare the alleged will to be ,
ull and void and of no effect. ID. w.
.ehoe is attorney for Mrs. Madigan.