Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-19
Admitted to Probate by Judge
Lindsay.
BRITTON MADE EXECUTOR
OF the EState-.HiS Bond Placed al
$7,O0O--Two Davis Notes..
A. Pincus Pound Guilty.

The contest over the will of the late A.
c.. White was heard before Judge Lindsay
today and resulted in the will being ad-
mitted to probate.
White conducted a hardware business
in South Main street and had Frank Brit
ton as his manager. On August A Of last
year he executed a will in which he be-
queathed the larger part of his property
to Britton. During the early part of the
winter White died ana Britton applied
for letters of administration on the es-
tate. He then offered the will for probate,
but met with an objection from Mrs.
Rose White, widow of the deceased. Pub
lie Administrator Collins was then APP
pointed to look after the propert pend
ing a settlement of the contest.
At the hearing Charles F. Sturtevant,
John H. Kupfer, William c. Kelly and
James Brown testified hat they had an
intimate acquaintance with White; were
familiar with his handwriting and We're
present when the will was signed. Some
of them had witnessed the u and
others had previously heard it's contents
read by White himself.
Under the provisions of the will Britton
was named as administrator. and after
the judge admitted the document to pro-
bate he fulfilled the provision relating
1 liz eAcCulOl Wy appointing bIllLoI "
take charge of the estate. His bond was
fixed at $1,000.
Judge Lindsay heard a little matter to-
day having a distant bearing on the
Davis estate. In the distribution of prop
erty belonging to the dead millionaire
Theo Jane Davis of Chicago received a
share. A few years ago she executed two
promissory notes for SIS, 900 each and
Sa va 4 hpYn tp bar con Gporra with .ha nm
derstanding that in case she died he was
to realize on them from her estate the
best way he could. One of the notes was
made in Chicago and the other Salt Lake
and both were payable a year after date.
About a year ago Mrs. Davis died and her
son, George w. Davis, was made eXecu-
tor of the estate. Under the law an exc
cutor cannot pay himself unless the court
sanctions it, and this is what Judge Lind
say was called upon to do today. Mr..
Davis produced the notes and detailed
the circumstances under which he had
come into possession of them. The inter
est on them amounts to about $40, 900.
The judge took the matter under adj
viSement.
In Justice Marsland's court at Walker
vile late yesterday afternoon Adolph
Pincus, the broker, was convicted of a
. charge of petit larceny preferred by
Louis Freudenstein, IS years old. and to-
day the court assessed his punishment
at $50 and costs. The latter will aggre-
gate about $25. A jury decided the case,
but left the penalty to be fixed by the
judge.
While the charge against Pincus was
petit larceny it was not exactly a case
of theft-it savored more Of an exhibition
of the art of short changing. Freuden-
stein is an employe of the street depart
ment of the city. Along about the first
of the month he drew his warrant and
presented it to Pincus at the city hall to
be cashed at a discount. This fact was
admitted by both sides; but Freudenstein
alleged that Pincus held out $50 more
than he should. On the witness stand he
testified that he had drawn $500 from
the First National bank with which to
cash warrants of the city employees, and
after using some of it the portion he had
left and that which he had paid out dove
tailed to perfection. IN the other side,
Freudenstein detailed the transaction
giving a description of the money paid
him by Pincus.
The hearing consumed several hours,
lasting from 2 until after 6 O'clock. The
state was represented by Deputy Roy
S. Alley of the county attorneys office
and Peter Breen. The latter participated
in the argument that followed the testi-
mony. j. l.. Wines represented the de-
PENDANT At the conclusion of the case
the jury returned a verdict of guilty and
the judge announced that he would de-
eide the degree of punishment today.
An appeal to the district court is to be
AIKEN. 1t is understood hat young
Freudenstein intends to begin a civil ac-
ton against Pincus to recover the 500.
Judge Lindsay has appointed j. Fl. Ma
loney, J. r. Russell and Louis Stett-
heimer as a board of commissioners to
appraise the value of the property over
which the Butte, Anaconda & Pacific
Railroad desires to extend its
hill line. The appointment is the result
Of the condemnation proceedings insti-
tuted by the company aginst the owners
of the mining claims over which the line
Is to be extended.
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