The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-15
CONTEST OF THE WILL
OF the Late Thomas Stees Has
Been Instituted
IN THE DISTRICT COURT
Three Daughters File Their Objections to
the Probate Of the Will-Grounds
Upon Which Opposition
Is Based.

A contest of the will of the late
Thomas Stees was instituted in the dis
trict court yesterday by Jessie B. Inger-
soil, Ida Argyle and Katie Walter
daughters of the deceased, who filed
their objections to the probate. of will
which was executed in July, 1898, and
by the terms of which the entire prop
erty ses bequeathed to Mrs. Stees the
| widow. A later will, executed on the
18th of last August, divided the prop
erty equally among the daughters, the
widow retaining only her dover inter-
est. The objections filed in court yes
terday by the three daughters, who are
represented by Attorneys G. p Connol-
ly, c. F. Kelley and Roy S. Alley, are
as follows:
Nov comes Jessie B. Ingersoll, Ida
Argyle and Katie Walter and contest
the probate of the alleged last will and
testament of the said Thomas Stees,
1 deceased, and file these, the following,
as their grounds of opposition and OBJ
| lection to the probate and proof of the
said alleged last will and testament, and
say:
That the said Jessie B. Ingersoll, Ida
Argyle and Katie Walter are daugh-
ters Of the said Thomas Stees, de-
ceased and that they are heirs at law
Of the said Thomas Stees, deceased,
and are interested in the estate left by
the said Thomas Stees, deceased, and
are entitled to part of the estate after
the debts and expenses of administra-
ton have been paid.
THAT the said Thomas Stees was, at
the time of, and for a long time prior,
to his death, a resident of Silver Bow
county, Montana; that he. departed this
life at said place on or about the goth
day of July, 1899; that the said deceased
left certain real and personal property,
situated in Silver Bow and Deer Lodge
| counties, Montana, enumerated in the
| petition for the probate of the said al
legged last will and testament by one
Michael c. Riley, one ]. J. York and
said petition for the probate of the said
alleged last will and testament was
filed in this court ON the 18th day of
August 1899.
THAT the said petition of the said
Riley, York and Schumacher seeks the
| admission to probate of a certain al
| legged last will and testament Of the
said Thomas Stees, deceased. That the
said alleged last will and testament of
the said Thomas Stees, deceased, so as
| aforesaid presented for probate in the
above entitled court by the said Michael
Z. Riley, j. j. York and Charles Schu-
macher. is null and void for the follow
ing reasons:
THAT the said alleged last will and
testament Of the said, Thomas Stees,
deceased, SO as aforesaid sought to be
probated by the said Michael C. Riley.
J. j. York and Charles Schumacher,
was, by the said Thomas Stees in his
lifetime, namely, on the 25th day Of
September, $780, made, executed, pub
lished and declared as and for his last
will and testament; that thereafter, and
on the 18th day of January, 1899, the
said Thomas Stees, in manner and form
as required by law, duly made. execut-
ed, published and declared his last will
and testament; that in and by the said
last will and testament of the said
Thomas Stees deceased, so made. exc
cuted, published and declared on the
said 18th day of January. 1899, the said
Thomas Stees expressly revoked any
and all former Wills by him made.
THAT the said Jessie B. IngersolI, Ida
Argyle and Katie Walter are by the
said last will and testament of the said
Thomas Stees, deceased. so as aforesaid
made on the said 18th day of January,
1899, devisees and legatees of the prop
erty and estate Of the said Thomas
Stees. deceased: that the interests Of
the said Jessie B. Ingersoll Ida Argyle
and Katie Walter, devisees and Legal
tees under the said last will and tesla
ment of the said Thomas Stees, de-
ceased, so made on the said 18th day
of January, 1899, are in conflict with the
interests of the beneficiaries under the
SAID alleged last will and testament so
as aforesaid made by the said Thomas
stees, deceased, on the 25th day of Sep
tember. 1880, and presented to the above
entitled court for probate by the said
Michael c. Riley. J. J. York and Charles
Schumacher.
That the said Jessie B. Ingersoll, Ida
Argyle and Katie Walter believe, and
so allege, that the said last will and
testament of the said Thomas Stees, de-
ceased SO made, executed. published
ana declared on the said 10Th day of
january, lS99, is the last will and tesla
ment of said Thomas Stees, deceased.
wherefore, the said contestants,
Jessie E. Ingersoll. Ida Argyle and
katle walter. pray this honorable court
that the proofs and probate of the said
alleged and pretended last will and
testament of the said Thomas Stees,
deceased, so made on the said 25th day
of September, 1890. be not granted nor
allowed; ana for such other and fur
ther relief in the premises as shall he
proper and equitable herein"
The hearing of the contest of the
probate of the will of 1898 had been set
for yesterday, but when the contest
was filed Attorney O'DonneIl, repre-
senting Mrs. Stees and the first will
asked for a continuance, which was re-
fused. and the Introduction of testi-
mony was begun. but after several wit
nesses had testified and sufficient evil
dence was presented that a later will |
existed, the further hearing was post
poned Indefinitely.