The Anaconda standard., 1898-02-18

+ Livingston Feb. 16.-Another contest
has been instituted against the will by
which the late Jacob Reding conveyed
all his property TO Adam Gassert. Miss
Catherine Wagner, who is supposed TO
be a resident of Wisconsin. is the per-
son in whose behalf the contest Is in
stituted. According 10 her statement
she is an heir to the estate by reason
of being a niece of Mrs. Jacob Reding.
who died at Atchison. Kan. about ~
years prior to the death of her husband.
Miss Wagner also sets forth in her pet-
tion for the revocation of the will made
in favor of Mrs. Gassert that there are
numerous other heEs TO the Redlng
estate The petition for revocation was
presented 10 Judge Henry week aso.
by T. l.. Crutcher of Helena, attorney
for the petitioner. and the court there
upon cited Mr.. Gassert and j. 6. Villas,
administrators of the estate, TO appear
before him on the 18th of the coming
month and show cause. If any exists,
why the will should not be revoked.
The contest is likely to remain in the
courts some time. The estate is valued
AT ss5. 900 to $40. 900: consequently there
is sufficient incentive to all parties in
interest to put up the strongest legal
eight they can and to carry the case to
the highest tribunal Mr.. Gassert Is en-
1irely confident that in the end there
can be but one termination. and that
the establishment beyond any doubt OF
his claim to the entire estate. The
bringing of the contest, however. will
seriously interfere with certain plans
he had in view and make it annoying
and harrassing for him until the mat
ter is finally adjudicated
There are several circumstances III
49, hat .afaI
an extraordinary one and invest 1t with
elements that would form the basis for
an exciting drama,
The late Jacob Reding was an old
mining pioneer who had witnessed the
rise of nearly all the prominent mining
camps of the West. Fortunes mad Oft
been within his grasp. only to slip
away. In an early day he had owned
the land upon which the city of Denver
stands to-day. After disposing of that
property he followed prospecting with
VARYING success for many years. In
1879 having formed a partnership with
Harry Gassert in the freighting husi-
ness, these two camped on the present
site of Butte. and the first quartz loca-
tion made in that camp was recorded
by them. This claim they sold for a
mere pittanee. having been imposed
upon by a false assay. However, they
had other locations which they held on
tial interests therein. About 1883 they
invested heavily in mining claims at
Cooke City, since which date both re-
sided near Cinnabar until their death,
Mr.. Gassert dying two years ago and
Mr.. Reding one year ago, the latter be-
ing nearly so years old al the time or
his DEATH
Frequently had Mr. Reding asserted
that he had no living relatives. Broth
ers had he left in Germany when he
emigrated TO America, but they had
long since died while sisters he had
none. After the death of his partner,
Harry Gassert, he began 10 realize how
near the grave he himself was and he
decided to make his will He procured
a short form Of will from Attorney
+. c. Day. and after returning home
filled up the blank and made Adam
Gassert, the son of his deceased part
ner. his sole legatee. This Will he
showed to one gentleman in Cooke and
told several others that he had devised
all his property to Adam Gassert The
day prior to his death. while at his
room at the Albemarle hotel. IN LiN-
ingston. he said he had lost the paper
which gave his property to Nj. Gassert
and appeared sore distressed thereat.
After the death Of Mr.. Reding dill
gent search was made for the Will. but
II has never been found. The cabin in
which Mr.. Reaing spent much of his
time was broken into 10y some one I'M
mediately after the death of Mr.. Red
ing and his trunk and saddlebags ran
sacked, and as many of his papers have
turned up missing, the presumption Is
that they were at that time abstracted
from their place Of keeping. Months
afterWard certain of these papers We're
forwarded 10 the administrator. but
some important ones are yet missing.
The facts in relation To The VIII We're
presented to the court and application
made 10 have the will probated. In the
meantime what purported To be Will
was announced to have been found in
an old tin can hidden in tunnel on the
Reding ranch. This alleged viii bore
date of June s. 1896 Il devised 81 00a
70 one leeatee. half of the ranch to an
other and a quarter interest In the
Black Warrior mine at Cooke To Jim
West. This mine was the most yalu-
able part of the estate. The remainder
Adam Gassert. Hearing was first had
on the application te probate this Tin
can WILL Comparison Of Reding's writ
ing with the penmansnp of the will
demonstrated "a pronounced dissimilar-
ity between the TWO. the instrument
was not drawn up on the form secured
from Attorney Day. four witnesses tes-
titled that they had thoroughly search
I'd the tunnel the day prior To the al
legged finding of the will and were GER
tain that when they searched the place
no such instrument was there. Upon
the showing made the court denied the