The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-11
IS GOING TO MAKE A TEST
One of J. M. Reilly's Heirs Thinks
He Has Been Ill-Treated.
MADE CHARGES OF FRAUD
A Brother in Ireland Wants the VIII
Knocked Out on the Ground
That Il Is Wholly In
valid and Void.

An ireland nelr OF the late James NJ.
Reilly, who died in Butte a little more
than a year ago. thinks he Is not fairly
treated as to Reilly's estate and is go
ing to make a test. He does not even
have any respect for Butte's worthy
mayor. Peter s. Harrington. who is
xecutor of the Reilly will. and
charges fraud Of all kinds in connec-
ton with the will.
The brother In ireland who is max
ing the trouble is named Owen, and he
wants the will knocked out and Mr..
Harrington discharged from service as
executor In his complaint filed in the
district court yesterday he says:
That your petitioner il a brother OF
said James N. Reilly, deceased, M re-
sides in Gavin county. Ireland. That
James M. Reilly died intestate, Aug. 81,
1897, leaving a large estate and the fol-
lowing heirs: Over Reilly. a brother.
Ireland; Kate Harrington. a sister. wife
Of Peter s. Harrington. Butte: Mary
Madigan. a sister, residing at Butte.
Tina on Aug. n. 1897. Peter s. Har-
rington presented for probate an in
strument purporting to be the last will
Of James NJ. Reilly; that on Sept. IL,
1897, orders were entered admitting TO
probate said win without contest and
without the knowledge OF your petit
TONER; that letters as executor were
admitted TO Peter 6. Harrington; that
your petitioner further on Information
and belief alleges hat said instrument
purporting to be the last will and tes-
lament of sal James NJ. Reilly is who'll
ly invalid and void in that:
"1-Said James NJ. Reilly never de-
clared to said witnesses or either OF
them that said instrument was his will.
"i-Thst neither Of the alleged wit
nesses TO said will at the time OF the
alleged execution thereof signed the
same at the request Of James NJ. Reilly
or In his presence.
"3-That said instrument is not the
last will and testament of James NJ.
Reilly.
"4-That IL James NJ. Reilly ever
signed or executed said instrument he
signed or executed the same without
knowing the contents or the purport
thereof and acting under the impression
or belief that he was signing some 9TH
er instrument and his signature was
obtained thereto fraudulently and in
such manner that the said James NJ.
Reilly did not know, nor understand
nor comprehend at the time that he
was signing or executing said alleged
will.
"5-That the said James NJ. Reilly at
nv am u the tAEtuAlDn OI the VIII
was not OF sound and disposiug mind.
"b-That James NJ. Reilly at the time
or the execution Of the viii and for a
long time prior thereto lived as a mem
Der OF the family Of and in the same
house and home with the said Peter
s. Harrington, Kate Harrington. his
wife, and one Annie NJ. Cautwell, who
had obtained and exercised great and
undue influence and control over the
said Reilly and who induced and per
suaded the said Reilly 10 sign and ex.
ecute the said alleged will for their
own benefit and advantage and In fraud
OF the rights OF your petitioner.
THAT az the time Of the alleged
execution OF said instrument and FOR
several days prior thereto the said
James NJ. Reilly was incompetent. by
reason Of sicknes and extreme physical
M mental weakness to transact any
business or 10 make or execute a Will.
or 10 withstand the persus zion and in
huence Of the said Kate Harrington,
Peter 5. Harrington and Annie Can't
well.
sand your petitioner further al
ieges that said alleged last win and
testament was not proved herein and
that the evidence adduced upun the
probate thereof was not sufficient in
law to admit the said alleged will to
probate.
SHAT que inc legal notice of the
intention to present said will for pro-
bate In said court by the probatinr
thereof was never given to your petit
TONER, nor has your petitioner ever had
actual or constructive notice that said
alleged will was to be presented for
probate in this court.
"10-That the legatees named I'm said
alleged will and testament Of James NJ.
Reilly are the said Kate Harrington.
wife OF the said Peter s. Harrington.
Mary Madigan and the following named
children Of said Peter g. Harrington
and Kate Harrington. to-wit:
Jeremiah Harrington. Eugene Har-
rington, Bridget Irene Harrington and
Margaret Harrington. Wherefore your
petitioner prays that the probate OF
said will be revoked. the letters tesla
mentary issued to Peter S. Harrington
be cancelled and a citation issued 20
appear before this court and show cause
why the probate Of said will should not
be revoked
c. p. brennan is attorney for owen
Harrington.
BY the Viii OF the late James NJ.
Reilly, Peter 8. Harrington was named
"a executor. His real estate, consisting
of two fine houses in Butte, was left to
his sister, Mrs. P. S. Harrington. and
all HIS cash, after bills were paid. was
left to his other sister. Mrs. Mary Mad
igan.