The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-27
T00MEy CITED TO APPEAR
He Is Accused of Stealing His
Wife's Will.
WHAT DID HE Do WITH IT?.
That's What Miss Clarity and Mrs.
Della Pitts Say They Want to
Kuow-Toomey Comes Back
With Countercharge.

III the rooney estate fight yesterday
dominic Toomey, the man who is ac-
cused of having stolen his wifes will
ana made away with 1t because it did
not leave enough of the property to
him, has been cited to appear before
Judge Lindsay on the 18th of Novem-
Der and show what he has done with
the will
The citation was issued upon the COM
plant Of Miss Annie Clarity and Mrs
Della Pitts, sisters of Mrs. Kate
Toomey. Miss Clarity also petitioned
the court to probate the will which 1t is
| alleged Toomey has stolen.
In her petition Miss Clarity relates
that Kate Toomey died on Oct. and
that she left last will and testament,
which is now in the hands Of Dominic
l.. Rooney, and has never been pre-
scented for probate; that the petitioner
IS interested in the estate, being a Iega-
tee of the decedent; that no one is
named in the will as executor.
The names, ages and residences of the
heirs SO far as known to the petitioner.
are given as follows:
Domlnlc l.. Toomey, husband of the
deceased, aged 80 years, residing in
Butte; Dominic L. Toomey, jr., son of
the deceased, aged 81 days, Butte The
oeVlsees and legatees, as far as known
70 tne petitioner, are Della Pitts, aged
43; Annie T. Clarity, age not given. re-
siding in Butte, sisters of the deceased.
May Mangan, aged &c. residing in Mil
Waukee also a sister, and the husband
and son. Mrs. Toomey left personal
property of the probable value of IS, 500
ana no real estate, the personal prop
erty having been her separate property
ana consisting of one-half interest of
the furniture and fixings of a lodging
house at 1877 East Park street of the
probable value of $500; Clark Broth
ers' certificate of deposit for 81 900 and
another from the same bank for 5000:
DAILY, Donahoe & Meyer bank certifi-
cate for $1,000 and three other Clark
Brothers bank certificates for $500, $500
and $500. The petition states that at
the time the will was executed, on or
about Sept. 10, 1899, the testator was
81 years of age and of sound and dis
posing mind, in every respect compe-
tent to dispose of her estate Miss Car
rity asks that the will be admitted to
probate and that letters of admtnistra-
ton be issued to her and that an order
be forthwith issued to the husband of
deceased. Dominic l.. Toomey, compell-
Ing him to produce the will at the time
of the hearing of this petition.
The petition for the probate of the
Will and the order to show cause is
sued on Toomey to produce the will
were set for hearing on the same day
Accompanying Miss Garrltv's petit on
is an affidavit-of Mrs, Della Pitts. sis
ter Of deceased, in which she makes the
following allegations: +s#
That she is sister Of Kate Toomey,
deceased. and one Of the devisees men
toned in the will and Is interested in
the estate; that she lived with Mrs
Toomey 1T the time of her death: that
on or about Sept. IS, the latter made her
will. the will being in her own hand
writing, and enclosed it in a sealed en-
velope, upon which she wrote the fol-
lowing words: Miss Annie Clarity,
No. liz Jessamine street, st. Paul,
Mimi" That Kate Toomey, now de-
ceased, gave to the afflant the letter so
sealed, and continues the affidavit:
Il put the said letter in my dssk in
my bed room; that Dominic L. Toomey
opened my desk and took the said let
ter from it on or about the Sd day of
October, and that said letter contains
the said will of Kate Toomey now de-
ceased; that the said Dominic l..
Toomey has the said letter and the said
will in his possession at the present
time, or has the same under his con-
troll; that affiant saw the. will in the
possession of said Dominic l.. Toomey
on the 7th day of October
Later in the day Toomey patitioned
the court for citation directed against
Mrs. Pitts and Miss Clarity, ordering
them to produce in the court the bank
certificates of deposit above mentioned,
which, he claims. they have in their
possession, the petition being made by
Toomey as special administrator of the
estate. He also says in his petition
that he has good reason to suspect,
ana does suspect that said Della Pitts
mas concealed, embezzled, smuggIed,
conveyed away and disposed of certain
moneys belonging to the estate of the
deceased, amounting to about $780,
rooney says that he has made demands
on both women for the certificates of
deposit and the money, but they have
refused to deliver 1t to him, wherefore
he asks that they be cited into court for
examination.
Judge Lindsay issued a citation di-
recting Mrs. Pitts and Miss Clarity to
appear in court on Nov. to show cause
why they should not be required to turn
the money over to the special admins
traitor.
After the various petitions had been
filed in court, Toomey called on the
county attorney, and upon a statement
made by him complaint was issued
against Miss Clarity and Mrs. Pitts,
charging them with malicious mischief,
dlu THEY Will nave IGdiJHS before JUS !
tice Smith of South Butte. Toomey's
story was that after he had been APP
pointed special administrator of his
wfe's estate he took possession Of the |
Lafayette house on East Park street. |
the lease and furniture of which had |
belonged Jointly TO his wife and her sis |
ter Miss Clarity, and he nut the lat
ter's trunks and personal effects out of |
the house and during his absence she |
returned with Mrs. Pitts and they broke |
the door open.
Miss Garrity's story puts a different |
aspect on the affair She says she owns
q half interest in the house and the !
business and had lived there with her
sister before the death of the latter, |
and that she has perfect right to re-
main there, and when she went home |
and found that her effects had been
thrown out and the doors locked on
her, she consulted an attorney, and he
advised her to break in the door, which
she proceeded to do.
1t 1s. % I,