Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-23

Prospects for another will contest in
Silver Bow county are exceedingly good,
out as the property involved is not valued
at such a large figure as tina of the Davis
estate an understanding may be arrived
at without legal complications serious
enough to consume the bulk of the prop
erty before it reaches the custody of thosa
to whom it has been devised and be-
Queathed.
A few weeks g Thomas Stees Of his
city died at the age of "a years and left
property in Anaconda and Butte valued
at several thousand dollars. According
to Ia has since transpired he also left
two wills, one of which bears date of
September 25, 1890, and the other January
10, 1899. In the first he bequeaths all of
his property to his wife. and in the second
to his four daughters. The first document
is witnessed by James D. jerks and
Ihomas J. Booher, and names Michael
{. Riley, j. j. York and Charles S. Shoe
as executors; the second bears the
names of l.. G. Whitehead and James
Reid as witnesses and names William %.
Carroll, the attorney. as executor.
Shortly after the death of Mr.. Stees.
the first will was filed in the office Of the
clerk of the district court by Michael
C. Riley, and today Mr.. Carroll filed the
second and at the same time Withdrew
as it's executor. saying he did not care
to mix in a prospective contest. The will
made in 1890 is PEN written, while he
n executed this year is typewritten, but
the SiON1t1rnS y in u-pitjf,r
The first two or three clauses of the
first document are practically the same
as those OF the second. but the body Of
1t differs somewhat. Its principal parts
are as follows:
Il give and bequeath to my beloved
wife, Sarah Stees, all the personal prop
erty I now own and am possessed, of
every nature and kind, during her life,
and after her death the same shall be
equally divided amongs my children,
Elizabeth Smith. Kate Walter, Ida
Argyle and Jessie B. Ingersoll. | give and
bequeath to my children. (named) their
heirs and assigns, all the following de-
scribed property situated in Silver Bow
county; 4 portion of the Bunker lode sub
ject to all the reservations to the deed
given me-; also all of ii certain lot in Ana
conda known as lot ., block 81, together
with the buildings on it; also lots 10 and
20 of block 81 of Butte. All of the said
real estate is given and devised subject
to the rights Of dover of my said wife
subject to the following provisions: My
executors shall pay to my Wife the rental
of the estate less the expense of attend
Ing, to the same. [ also give to my wife
all the rent, issues and profits that may
be obtained from the aforesaid lots and
buildings during her natural life less the
cost of collection and keeping of the
property in repair. l bequeath all the
rest of my personal estate. goods and
chattels to my wife. l hereby nominate
and appoint Michael c. Riley, J. j. York
and Charles s. Shoemaker Of Butte the
executors Of this. my last will and testa-
ment. and revoke all former wills by me
made. In witness hereof | haye hcreunto
set my hand and seal this 25th day Of
September, 1890"
The document filed today is as follows:
"Know all men by these presents that
l, Thomas Stees. being of sound and dis
posing mind and memory and not labor
ing under mistake, duress, fear or undue
influence of any person whatsoever, do
hereby make, publish and declare his to
be my last will and testament, in manner
following: that is to say: l desire that
my body be buried in accordance with
my circumstances in life. my eXecu-
tor hereinafter named shall, out of the
first proceeds of my property, pay The
expenses Of my burial and the expenses
of my illness. That he then shall pay all
my just debts and liabilities. ! give and
hequeath to my wife, Sarah Stees, the
rentals of my property situated on the
Bunker lode, Silver Bow county, Mon
tana, for a period of six months: or in
lieu thereof the sun of $50. / give and
bequeath to my daughter, Jessie b. Inger-
soil. the rentals of my property situated
at the southeast corner of Park avenue
and Alder street, Anaconda, Mont. for
the period of six months. | give and de-
wise unto my daughters, Jessie b. Inser-
soil, Mrs. Lizzie Smith, Mrs. Katie Wal
ter ard Mrs. Ida Argyle, share and share
alike, all of my property both real and
personal. of every nature and descrip-
ton. subject, however, to the rentals
hereinbefore bequeathed for the period
of six months to my wife and my
daughter, Jessie b. Ingersoll; provided,
however. that their respective husbands
shall AVE no control over the same or re-
ceive any benefit in rentals or otherwise
from said properties. l hereby nominate
and appoint William T.. Carroll of Butte
as the executor of this, my last will and
testament. l hereby revoke all former
Wills by me made
Mr.. CAROLS d~eclination to serve as
executor of the last will reads:
Il am the executor named in the said
instrument, but do not care to serve as
such and hereby resign such office"
The plot in the trouble between Victor
Paltrovich and NJ. Roth thickens.
A few days & Palt1OVlch began an
action against Roth in the district court
for an accounting and the appointment
of a receiver for the business in which
they We're engaged, the plaintiff alleging
that the defendant had not been giving
him a square business deal. The motion
accompanying the matter was heard by
Judge Clancy and resulted in the app
pointment of Simon Lewis as receiver.
Lewis proceeded to take charge of the