The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-03
He FILED OBJECTIONS
Bernard Quinn Objects too Spe-
cial Administrator
OF HIS BROTHERS. ESTATE
He Asks the Court to Annul the APP
pointmsnt OF Goodwin. and Gives
Several Reasons Why 1t
Should Be Done.

Another contest over the estate OF
the late cratic Charles Quinn has been
started. A few weeks ago Philip c.
Goodwin, a nephew OF the deceased,
was appointed special administrator of
the estate. the object of the appointment
being TO substitute his name as plaint-
in in a suit now pending in the dis
trict court in which Charles Quinn had
sued his brother. Bernard Quinn. to re-
cover possession OF a great lot of valua-
BILE city n other property which he
had at one time decided to his brother
without consideration. In the lower
court the case was decided i'm favor of
Charles Quinn and the brother was or
dered TO make an accounting, but his
lawyers appealed to the supreme court.
and before the case could be heard there
Charles Quinn died. Shortly Afterwards
Bernard Quinn offered for probate a
will executed by his brother in Nir-
GINA City about 30 years ago, by the
terms OF which he left his entire prop
erty to his brother and naming him as
executor, n cutting off all his other
brothers and sisters with a dollar. The
Quinn brothers made all their none in
Montana as partners in trading and
placer mining in the early days, and IL
is claimed that they both made wills at
the same time. leaving all their prop
erty to the surviving brother, the agree
ment between them being that neither
should get married while the other
lived. Several years before Charles
Quinn died Bernard got married, al
though he was at the time over so years
Of age. The troubles of the brothers
started from that date and they were
involved in litigation up to the death
of Charles. After his death another
brother, Michael Quinn, contested the
will on the ground that Barney" had
broken the terms under which the will
had been executed. but lost the contest,
and Barney has since mad charge of the
estate, and as executor was placed in
the curious position of prosecuting suits
of Charles Quinn against himself. but
he was not active in the prosecution,
and Philip Goodwin was appointed
special administrator
Yesterday Bernard Quinn filed objec-
tons to the appointment and asked the
court to annu the appointment. His
objections are based on the following
grounds:
First, that no notice was ever given
to the objector of the application of
Goodwin for the special letters of adj
ministration; second. that Goodwin Is
not a competent or qualified person to
handle. manage or control the estate;
third. that no sufficient application was
ever made to the court To give IL juris-
diction to appoint Goodwin: fourth,
that no order was ever entered as re-
quired by law appointing him special
administrator fifth. under the law the
obtector. who is n surviving brother Of
the deceased and also the sole legatee
and deYisee under the will offered for
probate, is entitled to special letters of
administration i'm preference to Good
win or any other person; sixth, that
there is no necessity for the appoint
l nnnnf Of a Gnagfal AVafpfGfRat for In tho
estate for the management. care or
preservation of the property, wherefore
the objector asks the court to annul
the order made on Nov. 10 appointing
Goodwin as special administrator.
In an affidavit made i'm support of his
objections, Mr.. Quinn relates that by
the terms of his brothers will he is
the sole legatee of all his property and
hat the affiant and decedent were en-
gagged in business from the time of their
coming to Montana together in 1854 I'M
I'll about 1894. when the decedent trans
ferred all his interests in the joint prop
erty holdings to the affiant. Philip
Goodwin is a nephew of decedent and is
not named i'm the will as legatee and Is
not entitled to letters of administration,
the affiant being named as sole execu-
tor. Goodwin, II is alleged, has no
knowledge of the condition OF the af-
fairs OF the decedent and the fla
and is not a qualified or competent per-
son to take charge of the estate. 1t is
alleged that Goodwin's object in hav-
ing himself appointed special admins
TRAITOR Is to nave himself substituted as
plaintiff In a case now pending i'm the
supreme court in which Charles Ouin
is plaintiff and Bernard Quinn defend
ant and appellant, which case involves
the title to certain property which was
transferred by decedent to affiant and
which was also disposed of by the viii
and is now in the care of the afiiant.
If the will is admitted to probate the
aftiant will be entitled TO all the prop
erty and it will entail unnecessary ex-
pense on the estate to ave the case
proceeded with. for the reason that the
briefs have not been printed, and IL the
Judgment should be affirmed and the
will offered for probate should be adj
mitted. the affian would be the owner
of the property, and the case in the
supreme court would be thereby dis
posed of without further procedure. Mr..
Quinn further says that he is solvent
and able to respond to any order of
the court requiring him to account for
any rents, profits or receipts Of the
property received by him in the event
of the will not being ~probated, or in
the event of its being fully decided
that he is not entitled TO the property
involved In the suit pending in the SUI
preme court. and. for the purpose OF
obviating the cost and expense which
would be entailed on the estate by al
lowing Goodwin to be appointed specitl
administrator the affiant asks that the
order heretofore made appointing hin
be set aside. Quinn avs that no petit
ton was ever presented 10 the court
showing any necessity for the appoint
ment of a special administrator and
that such necessity never existed and
does not now exist.