The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-03
HIS SEPARATE ANSWER
Administrators Leyson States His
Position in the Case.
AS TO THE CONTRACT
He Has Been Informed That There Is
Sue an Instrument. but He Has No
Knowledge of It's Contents-The
Compromise Agreement.

John II. Leyson. as ADMINISTRATOR
with the will annexed of the estate of
Andrew J. Davis, deceased, filed in
the United States circuit court yester-
day his separate answer in the case
of Erwin Davis VS.. Andrew j. Davis,
jr., John f. Davis, Thea Jane Davis
and John f.. Davis. as administrator
of the estate of John A.. Davis. de-
ceased. and John III. Leyson. Mr.. Ley
son AYERS hat while he was Informed
that a contract had been entered into
etwee the late John A. Davis and
the complainant, relating to said es-
tate. he had no knowledge or informa-
ton of the contents of said instrument
or of the effect thereof, and no belief,
save and except there existed a con-
tract in some manner relating to or
affecting the rights of the parties to
said agreement in the said estate. He
denies, upon his information and be-
lief, that the complainant has per-
formed all or any of the conditions.
covenants, promises or stipulations
contained in it. or in either of the two
written agreements set forth in the
bitl dlu 'i ia part w pt pti -
He denies hat the effect of the two
Instruments. or either of them, set
forth in the bill, was to give to the
complainant one-half or IN part of
the devise or legacy given To the aid
John A. Davi by the will of Andrew j.
Davis. or to give to the complainant
one-half of the estate of Andrew j.
Davis i'm the realty or personality, sub
ject to the provisions of said Will or
otherwise. He denies that the effect
of the instrument or agreement was
to give to the complainant two and
one-half-elevenths of the said estate,
or any portion of the estate, other than
that which he might ave been en-
titled to as an heir, in case the alleged
will was not a true or valid instrument,
or was not the last will or testament
of Andrew J. Davis, deceased. Mr..
Leyson denies that by the instrument
or agreements set forth in the COM
plant or by either Of them, John A.
Davis sold or assigned to the COM
plainant one-half of the legacy or de-
wise. He denies that at the time of the
so-called conspiracy the widow or chill
dren of the said John A. Davis had no
right or title to or in the legacy or
devise of John A. Davis, derived from
the will of Andrew j. Davis. He de-
MES that the complainant was entitled
to receive from John r. Davis, admin
i%strator of the estate of John A. Davis,
0eceASet, One-ndlI OF any part ol the
alleged legacy or devise given to John
4. Davis i'm the said will.
Mr.. Leyson also denies that there
was any conspiracy between the par
ties or that the compromise made was
in any way false. fraudulent or cor
rupt. He denies hat il was agreed by
the parties To the said agreement that
the complainant should be ~wrongfully
or unjustly or fraudulently or at all
deprived of his alleged rights. Mr..
Leyson denies that he threatens or in
end To distribute the estate among
the parties to the agreement himself,
but tina he does intend to obey the or
ders of the district court of the Second
judicial district of the state of Mon
tana. and To distribute the said estate
i'm pursuance of such legal decree of
distribution as may be made and en-
tered by said court in said estate.
The defendant says that If distribu-
tion under the alleged decree Were
made, the funds of aid estate would
be widely scattered, but as to whether
they would become dissipated OF
whether it would be impossible for the
complainant to cover his alleged
share or as to whether a multiplicity
of actions would be necessary to be in
stituted in order to attempt the PARTON
thereof, this defendant has no knowl-
edge.
Further answering. the defendant
AYERS that subsequent to the date OF
the compromise agreement. the par
ties thereto, entered into further com.
promise agreements with Diana Davis
Harriet Wood, Elizabeth S. Bowdoin
John A. Bowdoin. Calvin Z. Davis
Elizabeth A. Smith and j.. Howard
Smith; by il was agreed that the per
sons last named should receive GER
tain shares of the said estate of An
drew ]. Davis, to wit, the shares here
matter mentioned. and by which alsC
the shares of the other parties to tn,
said compromise agreement were &C
cording reduced, and hat IN Aug. 20
1897, a decree of partial distribution
was duly made and entered in the SAFE
district court, whereby IL was decreeC
that, subject to the legacies In said vii
contained to Thomas jefferson Davi
and Miss Bergett. and the expenses o
the administration of "a estate, tn
parties were entitled to share as stated
Two partial DEGREES of distribution
were made in accordance with thi