The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-11
FILED HIS OBJECTIONS
Another Chapter in the Fight
Over Mrs. Toomey's Will.
SAYS 1T WAS NOT MADE
Asks That the Date Set for Probating
the Alleged Will Be Vacated.
Brogan Wants an Ac-
counting.

cused of having stolen his wifes will
and who has been cited into court to be
examined concerning it, yesterday filed
in the district court a lot of objections
to the probatng of the missing will.
He sets up the fact that he was the
| husband of the late Kate Toomey, over
whose estate the fight is going on, and
says that at the time Annie Clarity
petitioned the court to have the will
probated, no will was produced and
has not yet been produced. Toomey
| says he really does not believe that
his wife left a will, and that he never
gave his consent that she should make
such will as is alleged she made. He
also says that no executor had been
named in the alleged WILL and he verify
believes that his wife never in due
form made will and delivered it to
Annie Clarity, for which reasons he
asks that the date set for probating the
alleged will be vacated and the petition
be stricken from the files. On top of
all that Toomey says that if his wife
really did make will, as alleged, that
he nevertheless be decreed to be en-
titled to one-thrd interest in and
to all the personal property owned by
his wife at the time of her death, and
that letters of administration with the
| will annexed be issued to him.
| Daniel Brogan yesterday commenced
suit against Daniel Dougherty and
Bell V. Garrett for division of some
| property and for an accounting He
| says he owns half interest in lots
and ,, block |, Of Cobban's addition,
| and that Dougherty owns the other
| half, while Garrett has a mortgage on it
for $1,000. He asks that the amount due
on the mortgage be ascertained and the
| property partitioned.
The following matters are on Judge
Lindsay's calendar for hearing to-day:
10 a. m.-Boston & Montana Console
| dated Copper and Silver Mining COM
| pany VS.. Meaderville Mining and Mill
| ing company, order to show cause; T.
| D. Toms ct al. VS.. J. A. Murray, argu-
| ment.
| ? p. m.-Estates: Kate Toomey, petit
| ton for probate Of will and order to
| produce will; Robert Elberdng. petit
| ton of j. p. Collins for letters: Joseph
| Grill, order to show cause; Clarissa
Paln1era Proulx, petition for letters; J.
| H. Brandt, settlement of account: julius
| watson Holmes, petition for letters;
Philip J. Rumbeck, petition for letters;
Henry Tobin, minor, petition for let
tiers; Paul Davis, return of sala Of real
estate and personal property; john
MCFARLAND, order to show cause Ben
Baker VS.. Butte City Water company,
motion for new trial: Joe Klaffki Co
VS.. Barney Shanahan, motion for leave
to amend complaint and motion to dis
miss action; Mary Z. Sullivan vs. A c.
Sullivan, plaintiffs proofs; Fred White
| side VS.. Miner Publishing company ct
al. demurrer of w. A. Clark: r.
Coombe ct al. VS.. Jessie c. Knox ct al,
demurrer: c. A. Fleischn1an VS.. May
Fleischman, demurrer; Mae Lathrop
VS.. City of Butte. demurrer; Charles
E. Dickerman VS.. City of Butte ct al,
demurrer; Ed l.. Mahoney VS.. City Of
Butte, motion to strike; Charlotte S.
Eager VS.. Anton Strasser, motion TO
dismiss action: Marie Rayone VS.. Nick
Hughes ct al, motion to strike; Joseph
Boos VS.. William Maus, plaintiffs
proofs.
A damage suit of Michael Reynolds
| against the Alice Gold and Silver Min
ing company was tried before a jury in
| Judge Lindsay's court yesterday and
| resulted in a verdict for the plaintiff
| for $3.50, The full amount sued for. Rey-
| holds OWLS a house near the Magma
| Charta mine and complains that the
| water pumped from that mine has run
| over his property and through his
! house He also sued for permanent
| INDUCTION, which follows the verdict of
| the jury. The defense to the suit was
| that the water ran along a natural
| water course and that if Reynolds built
| his house in the way of it the Alice
| company was not responsible for any
| damage he may have sustained.
Louis Liennemann and Charles
| Schmidt yesterday commenced an ac-
| ton against L. Wottrich to have the
| court compel him to indorse a certi-
| hcate of stock for 3,12S shares of the
Montana Standard Mining company.
The complaint alleges that the plaint-
ms advanced $S14.2S to the defendant
on the stock and took the latter as Sc
curity, but by a mutual mistake the
| defendant did not indorse it and now
| refuses to do so and also refuses 20
take up the stock and pay the money
| loaned on it.
IN the divorce case of Monica Frey
Callahan against Emmett Callahan, in
| which the National Bank of the Re
puollc and the D. J. Hennessy company
| are named as defendants because of
some property interests involved, the
| 1Gt11lItE