The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-23
QUINN WILL CASE BEGUN
The Contest Involves Property
-, Valued at $4,000.
TEXT OF THE DOCUMENT
An Agreement Between the Brothers
That Each Should Have the Others
Properly in Case OF Death-His
Testimony Concluded =,

The trial of the contest over the will
of Charles Quinn, deceased, was be-
gun before a jury in Judge Clancy's
court yesterday. The property involv
ed in the contest is valued at about
$4,000. The contestants are P. B. c.
Goodwin, a, nephew of the deceased,
and Michael Quinn, brother, who
are represented by Chancellor O'Don-
nell and John N. Kirk. The propon-
ent is Bernard, or as he is better
known, Barney" Quinn, brother and
for many years a business partner of
the deceased, and by the terms of the
will he is sole heir to the estate.
The brothers came to Montana early
in the COS, and engaged in freighting,
placer mining and stock raising, and
accumulated quite a fortune between
them. In 1884, when they were living
in Virginia City, each made a will
naming the other as sole legatee and
cutting off several sisters and broth
er with SIS each. Three or four years
ago Bernard, although an old man,
married, and from that time the
brothers disagreed, and several law
suits over property resulted and were
undecided when Charles died. Ber-
nard then filed the will, which is now
being contested, for probate.
The contestants. in their objections
to the will, alleged that the agreement
or provisions under which the will was
executed had been violated by Ber-
nard and that it was therefore null
and void. They claimed when the two
brothers made their wills they agreed
between themselves never to marry,
that
the property for which both had work
ed so hard for many years When they
moved to Butte, Charles, for business
reasons, decided his interest in the
property to Bernard without consider
alton. Shortly thereafter Barney mar
ried and transferred all the property
inteests of himself and brother to an
other party, who in turn transferred it
to Barney's wife, thus shutting Charles
out of all legal title to 1t. The trans
fers, however, We're subsequently set
aside by the court. The contestants
claim that when Barney married dur
ing the lifetime of Charles the wills
were annulled, for the marriage made
it impossible that Charles could in
herit his brothers property in case he
should survive. 1t is on this that the
contests now being heard is based.
The jury drawn to try it is compos-
| ed of Robert M Campbell, Patrick
Harvey, James Naughten, G. S. Hol-
brook, Ernest Rodgers, John Morgan,
| ]. Kincaid. H. NJ. Sanders, w. E.
Schweinfest, r. C. Levin, Dan Cam
| eron and Dudley c. Smith
AT the opening of the trial the at
| torneys for the prepayment offered the
will in evidence. It reads as follows:
In the name of God amen, l,
| Charles Quinn of the county of Madi-
son and territory of Montana, make
this my last will and testament:
Il. l give and bequeath to my be-
| loved brother, Michael Quinn, who at
this time resides in the county of JEFF
ferson and territory of Montana, the
sum of IS.
-. I give and bequeath to my be-
loved sister, Rosa Goodwin, who re-
sides at Walkerville, Silver Bow coun-
| ty, Mont, the sum of S.
20 l give and bequeath to nv be-
loved sister, Mary Hany. who resides
at Columbus, Platte county, Nebras-
ka. the sum of IS.
a. I give and bequeath to my be-
loved sister, Sarah Dunlap, who re-
sides at Columbus, Platte county, Ne
braska. the sum of So
| IS. I give and bequeath to NV be-
| loved brother. Bernard Quinn, all my
estate, real, personal and mixed, of
| which l may die seized and possessed
| after paying my funeral expenses and
just debts and hereby appoint him, the
said Bernard Quinn, who now resides
| in the said county of Madison terri
| tory of Montana, executor of this my
last will and testament and said exec
| utor is hereby directed to pay the be-
| quests mentioned in paragraphs or
subdivisions numbered LIST, Cd, 3rd and
| 4th hereof out of my said estate within
30 days after this. my WILL shall have
| been published according to law.
| In witness whereof l have hereunto
set my hand and seal on this 2Sth day
| of November, A. D., 1884.
| "(Signed CHARLES QUINN"
The above written instrument was
subscribed by the said Charles Quinn in
| our presence and acknowledged by him
| to each of us and he at the same time
| published and declared the foregoing
instrument so subscribed to be his last
| will and testament, and we, at the
testator's request and in his presence,
| have signed our names as witnesses
| hereto and have written under our re-
spective names our respective places of
residence.
"(Signed).
''THEOPHILUS MUFFLY.
Virginia City, Madison county,
Mont,
| "HENRY S. GILBERT,
Virginia City, Madison county,
| Montana
The will of Bernard Quinn. which was
produced in court yesterday by At
| torney Cotter upon demand by Chan
| cellor O'Donnell, is an exact duplicate
| of the above, except in the names of
| testator and legatee-
| The various papers in the pleadings,
and the testimony of Theophlus Muffly,
| one of the witnesses to the will, which
| was taken at the time the will was first
offered for probate, We're read to the
jury, after which the depositions of
Henry s. Gilbert and Rev. Henry Aarts
We're presented.
Gilbert testified that he was a resi-
dent of Virginia City and had resided
there nearly 36 years. In 1884 he was
treasurer of Madison county. and had
known the Quinn brothers since 1866.
In 1884 they were living on their ranch
in jefferson county near Whitehall
Mr. Muff1y, the other witness to the
will was district clerk of Madison coun-
ty at that time. and both the witness
and Muff1y were asked to sign the will
| 81 H1rs,, hh