Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-27

During Judge Lindsay's late session
Saturday the alleged will left by Mrs.
a Toonley was produced and submit
ted to the court. Its production was the
result OF an order to D.. L. Toomey, hus-
band OF the deceased, to A it over
or show cause why. Mrs. Toomey died
October 4, and left a private letter in
which she made provision for the distri-
button of her estate. The cum was
addressed to her sister, Annie Clarity.
1t was placed in a bureau drawer anu ~
is alleged, fell into the hands of Toomey.
Miss Clarity and Julia Pitts, h r sister,
petitioned the district court for an order
compelling Toomey to produce the epistle,
claiming that he had taken possession of
it in a manner contrary to law. Tooln-
ey's legal representative objected to the
petition.
The letter or will in part is as follows:
Butte. Mont, Sept. 11.-My dear sister
Annie: 1t is my intention to write you
this letter and nave it mailed to you in
81 900 in Days, the rest in Clark's bank.
I will sign all the checks and l will want
you to see that the none is divided the
| way 1 want it. I want you to take the
$1,000 in Days bank for you and mother.
I want Mrs. Pitts to get $500 and Mrs.
Morgan $500. Tom has enough n 5000
will go to bury me, and there will be
money enough to pay the doctor and
nurse in the house. I want 81 900 put in
the bank for my child: or in United States
father can take care of he or she until
then. AS you know, l w all the furni-
ture in the house. Checks are all in Kate
Garrity's name in bank If my baby
should die any time before he or she is Of
age you can take it and divide it even
his share. Mr.. Toomey may have the
furniture. He made me a good husband.
Annie dear, be a good girl and be good
to mother. Give her $500 for herself and
she will be satisfied. OF course she will
give it to you after she dies. Mrs. Pitts
has all the bank checks. I want her to
draw all the money out of the bank i'm
mediately after I die so there will be no
trouble. I want no trouble over all
I nossess. It is all mine and l have a
right to do with it as / want to. God
bless. you.
"Your sister, Kate Clarity or Mrs.
, Toomey."
The judge will determine later what
course in the matter is best for all con-
cerned.
Nevada Pierce has been granted a de-
cree of divorce from Joseph A. Pierce and
given the custody of their two children.
The parties We're united in this city on
Sept. "a, 1894. and lived together until
February Of last year. when, the plain
I'LL CtiiCSSNi. II uclelludIl uSSCIl0u HGI
and she did not know his whereabouts.
J. A. Shelton has received a copy of the
decision rendered by Judge Caldwell of
the United States circuit court of APP
peals in the case of the First National
bank of this city aginst Sigmund Wei
denbeck n Gustave J.. Heinrich as trus-
tees of the Butte & Twin City Mining
company. The matter is one in which
the circuit court for the district of Min
nesota meets with a reversal in opinion.
In the latter court the case was decided
against the bank on demurrer. The suit
involves the Judgment of 81 1000 which it
is alleged the borrowed from
the bank and ave a promissory note.
The mining company, it is further alleg-
ed, failed 20 file it's annual report with
the clerk and recorder. as the law re-
quires, within twenty days from Sep
TENDER /, 1894. and it is claimed that the
fact that it failed to do so mad the truss
tees as individuals Liable for the debts Of
the company.