The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-06
A MOTION FOR REHEAR|NG
In the Davis Estate Inheritance
Tax Case.
AN AFFIDAVIT IS FILED
By County Attorney c. P. Connolly-The
Estate Should Have Paid Tax
of Five Per Cent. Is the
Allegation.

Gals, who are not satisfied with the
amount of Inheritance tax paid by the
Davis estate, and who believe that the
estate should furnish funds sufficient to
keep the state running until the next
meeting of the legislature, County At
torney Connolly yesterday filed mo-
ton in court for rehearing of the or
der made by Judge Lindsay as to the
amount of tax that should be paid. The
motion, which is set for hearing on June
II, is based on the following affidavit:
&C. P. Connolly, being first duly
sworn, upon oath deposes and says
That he is the duly elected, qualified
and acting county attorney of Silver
Bow county, Montana, and has been
such attorney since the - day of Janu-
ary, 1899; that he has carefully exam
ined the papers and records in the adj
ministration of the estate of Andrew J.
Davis, deceased, and that the proceed
ings had in said cause as herein set
forth, as shown by the records and pa
pers in the administration of said
estate are as follows: That the said
Andrew ]. Davis died on the 18th day of
March, 1890, and that thereafter one
James A. Talbot was appointed as spe-
cial administrator in said estate; that
on the - day of July, 1890, a will pur-
porting to be the last will and tesla
ment of the said Andrew J. Davis, de-
ceased, was filed for probate, and to
the admission of said will for probation
opposition was made by Harriet Shelf
| field Henry A. Root and others whose
names are shown by the records of the
court in the administration of said
| ct1t 70 no hror 70,
ings were had respecting the admission
of said will to probate that on the -
day of -, 1891, case came to trial
in said court to determine the question
as to whether or not said will should
be probated, and that mistrial occur
red, jury duly impaneled to try the
issues in said proceeding having failed
to agree, and that thereaftsr the re-
trial of said cause involving the right
of said will to probate was from time to
time considered by the court and con-
tinued until the - day of ---, 1895,
when said will was regularly admitted
to probate, and one John H. Leysen was
appointed administrator of said estate
with the will annexed: that said will
so admitted to probate substantially be-
queathed and devised to John A. Davis,
the brother of deceased, all of his prop
erty, real, personal and mixed
''Affiant further shows unto this court
InaCs SalQ estate was not
| pursuant to the provisions of said will,
and that said will was admitted to pro-
| bate in the manner hereinbefore set
| forth pursuant to an agreement entered
into On the e day off r----, 1893, 'be-S
tween&the heirs of the said Andrew J.
Davis, deceased; that a distribution of
the estate should be had pursuant to
| the terms of said agreement and re-
| CARELESS of the provisions of said will
so bequeathing and devising substan-
| TALLY all of the property of said de-
ceased to the said John A. Davis.
"Affiant further says that the said
John A. Davis, so named as devisee in
said will. died on the Gath day of Janu-
airy, 1893, interstate, and thereupon in
due time one John E. Davis, the son of
the said John A. Davis, was duly and
| regularly appointed administrator of
the estate of the said John A. Davis,
and that said estate is now in course of
administration; that the said John Fl.
Leysen, administrator, with the will
annexed as aforesaid, ever since his
said appointment has acted as admins
traitor of the estate of the said Andrew
| j. Davis, deceased, and that in the
administration of said estate, and in
the distribution thereof, he has acted
| pursuant to the terms and provisions
of the agreement hereinbefore referred
| to, and hereafter more specifically set
| distributed said estate pursuant to the
| provisions of said will; that in the ad-
ministration of said estate certain or
ders were made by the court directing
a partial distribution Of said estate,
which said orders We're based upon the
| agreement so entered into and at vari-
ance with and antagonistic to the pro-
visions of the said will; that petitions
praying for such partial distribution
are amongst the papers in said cause
and for a more particular statement of
their contents reference is hereby
made. That the first of said petitions
SO praying for a partial distribution of
said estate was filed on the = day of
December 1897, and said petition spe-
officially sets forth the division of the
property of said estate of every kind
character and description, and that
said petition asks for a distribution OF
said estate pursuant to the agreement
| made and entered into providing for the
| distribution of said estate; that pur-
suant to said petition and to said
| agreement said estate for the purpose
| of distribution was divided into LOO
| shares; that of those LOO shares John
E. Davis, administrator of the estate
of John A. Davis, was and is to re-
ceive 200 shares; that Henry A. Root,
Sarah M. Cummings Mary L. Dunbar,
Elizabeth S. Ladd. Charles H. Ladd,
Ellen F. Cornue and Joshua G. Cornue
were to receive jointly $50 shares; that
| Harriet r. Sheffield and Henry A. Davis
were jointly to receive A shares: that
Elizabeth S. Bowdoin, Calvin P. Davis
and Harriet Wood were each to receive
SO shares; that Elizabeth A. Smith was
| to receive Is shares: that A. ]. Davis,
| jr., and Charles H. Palmer, as trustees,
| were to receive 431 shares. That the
| persons above named sustained the re-
| lationship to the deceased Andrew J.
| Davis as hereinafter set forth. John A.
| Davis, deceased who was given 200
| shares, was a brother; Henry A. Root
was nephew, Sarah M. Cummings
| was a sister, Mary l.. Dunbar was
| niece, Elizabeth S. Ladd was a niece,
| Charles H. Ladd was the husband of
Elizabeth S. Ladd; that Ellen F. Cornue
was a niece and Joshua G. Cornue was
her husband.
THE $50 shares given to those herein
named were distributed on a basis of
5o shares to each of the relatives, eX
Guiding from considera ton the fIus-
| hnF dc Il Il -