The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-19
IN THE DISTRICT COURT
Mrs. Kitto Asks for the Guardian
ship of Her Step-Daughter.
WANTS WILTON DISMISSED
She Alleges That He Is Not Proper
Person for the Position and That
the Appointment Was IL
legally Obtained

| Elizabeth j. Kitto yesterday petition
ed the district court to revoke the APP
pointment of James Wilton as guardian
Of her daughter, Mamie Rodgers,
claiming that he was not a proper per-
| son to be the guardian of the girl and
that the appointment was Illegally OBJ
| tanned. She relates in her petition that
she was the wife of Thomas Rodgers,
deceased, and was married to him in
Cornwall in September, 1891. They liv-
ed together until his death in Butte on
February 90, 1892. At the time of their
marriage, Rodgers was a widower and
had two children, boy of three years,
| and girl of five, now IL years old. The
! boy has since died. The girl has been
! in the custody of Mrs. Rodgers, now
| Mrs. Kitto, ever since. AT the time of
the death Of Rodgers he left will, the
conditions of which were that the pc
titioner should have the care and GUS
/ tody Of the children, and on his death
bed, in the presence of James Wilton
and his wife and William e. Bruel,
| Rodgers stated to those present that
it was his wish that his wife, the Pc
titioner, should have the care and GUS
| tody of the children. In February 1893,
the will was filed for probate and in
! April Mrs. Kitto filed her petition for
letters of guardianship. She was sick
in bed at the time the, matter was set
| for hearing and could not appear in
| court and the first intimation she had
| that Wilton desired to be appointed
| guardian was when she read in the
| Standard that he had been appointed.
No notice was ever served on her. Mis-.
| kitto says that Wilton is an invalid and
is unable and incapable of personally
| dlscharging his trust as guardian. The
/ petitioner has always considered and
| treated the girl as her own child, and
is anxious to have her custody. II VIII
ton should be appointed her guardian
it would not be for the best interests of
the child in regard to her
temporal, mental or moral wei
fare. The girl is of sufficient age to
form an intelligent preference as to
| who should be her guardian, but no one
| has ever consulted her on behalf of Will
ton, and she knew nothing of the fact
that Wilton was to be her guardian un-
til she read it In the Standard. 1t is
| alleged that James Wilton and Richard
| Wilton, who are her grand-uncles, have
on various occasions harassed the girl
and have attempted to persuade her to
| leave thee are of her Step-mother. On
several occasions of late she has re-
turned from school crying and COM
| planning that the Wiltons had threaten
ed to compel her to live with them. Mrs.
Kitto asks the court to- compel them
to allow the girl to remain with her
without being harassed by the Wiltons.
The trial of the case of George A.
Cobban against Samuel Hicklin was
concluded yesterday before Judge Les
lie and the court decided 1T in favor
of the defendant. In number of spe-
cial findings the court found as facts
that the plaintiff, together with P. Lar
gey, r. A. Day, w. r. Treacy and w.
| f. Cobban, were the owners in common
of the Summit Valley placer, and that
| on August 15, 1884, w. F. Cobban was in
control of the ground as agent of the
owners and was authorized to make
agreements for sale and to sell such por
tons thereof as he might deem exped-
lent Hicklin bought portion of the
ground from him as such agent and CO.
| owner and proceeded to improve it as
a home for his family, and the plaintiff
offered no objection to his occupancy
of the property up to September, 1897,
and on the contrary had given his con-
sent thereto and had agreed to give the
| defendant a deed to the property. AS
| a matter of law the court found that
the plaintiff was not entitled to recover
/ and that he was estopped from claim
| ing any interest in the premises, and
that the defendant was entitled to a
decree requiring the plaintiff to give
| him a deed of conveyance giving him
a legal title to the premises which he
occupies.
John F. Forbis, administrator of the
estate Of William J. Mcnamara, de-
ceased, filed his final account in court
lnxy ~Jy F@ ir4, ftrNr,
of the estate. The report shows that
at the time Of his last report the adj
ministrator had 81 ,S41.50 on hand, and
since then has received $34,17644, and
has paid out 500, 493.O5, leaving a ball
ance on hand of s15,524.s9. He receiv
ed in all, for the estate, before the rem
dition of his former account, 1858, 499.3 81,
and since then has received the 1874, 49,.
A above mentioned, making in all
| $102, 1851. The administrator reports
| that under his administration the Sill
yer Bow block was completed and that
he gave his services in drawing up pa
| pers, ETC., without charge. The estate
has been fully settled up and is ready
for distribution.
Judge Leslie yesterday rearranged his
calendar and set cases for trial as fol-
| lows:
February 3o-James McFarlane VS..
| John G1llel. James n. Cochran VS.. the
| Miner Publishing company.
February 21-William Rogers VS.. l. N
Symons ct al, w. e. Carroll VS.. H. r.
Bartlett. ct al
February 23-Charles E. Dickerman
vs. C. E. Craddick ct al. Montana Lum-
Der and Manufacturing company VS..
John B. Bottego ct al
February 24-S. C. f. Cobban vs. Fl.
| l.. Frank.
February 27-George McGahan VS..
| Montana Ore Purchasing company.
February 2S-Lou Metz vs. the City
| of Butte.
/ March John Webb We. Lou Hess,
| First National bank of Butte VS.. Twin
| City Butte Manufacturing company.
March 2--J. H. Maloney ct al. VS.. Har-
| ley N. Merwin, Joseph Dewitt VS.. the
| City of Butte.
March 3-Frank Boucher VS.. Joseph
Barsalan ct al, A. A. Lisker VS.. John
/ O'Rourke.