Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-22
minnie HEALEy
LODE IN COURT
Estate of John D. Airport In
vOlved in Suit.
HElNZE IS PLAINTIFF
Rights of Miles Fi.len Attacked-Ask
For Sale of Property by
Referee.
IS PLAINTIFF

F.. Augustus Heinze and the Johnstown
Mining company began suit in the dis
trict court today against Carl Klein
schmidt, as administrator Of the estate
of John D.. Airport, Caroline v. Kelley,
Devincy Airport, Mrs. A. Miller, Lille
Sue Farleigh, Francis Wellman and
Miles Finlen to quiet title to the Minnie
Healey lode claim, and have the property
sold by a referee.
In the complaint it is alleged that the
Johnstown company exists under the
laws of New York and that John d. ALL
port died intestate in this state in Octo-
Der Of 1895; hat Kleinschmidt was APP
pointed administrator of the estate left
by Airport in Jefferson county and is
still acting in such capacity; that Caro-
line v. Kelley and Devincy Airport are
sister and brother of the dead man; that
Mrs. Mary A. Miller and Sue Farleigh
are sisters of the half blood, and Frances
Wellman is a daughter of the dead sister
of John d. Airport, all being heirs at
law of Airport, and as such are entitled
to succeed to his estate; that at the time
Airport died he owned ten-fortieths of
the Minnie Healey lode claim at Meader-
Vile; that F. A. Heinze is the owner in
e III pOSSCoS1OA d1lu CutlLlGu 10 Lu0 pos
session of a NEUTRALITY-SUSPICIOUS. of the
property and an owner in equity of a
two-fortieths; that Devincy Airport,
Mary A.. Miller, Sue Farleigh and Fran
ces Wellman are each entitled to a two
fortieths interest in the claim, subject
to the possession and contro Of the adj
ministrator; that Miles Finlen makes
some claim to the Minnie Healey, and
particularly to the undivided twenty
seven-fortieths of Plaintiff F. A. Heinze
and the five-fortieths owned by the
YOUNGSTOWN company; that this claim is
without foundation either in law or
equity, and that Finlen has no right or
interest in the Minnie Healey.
Further, that heretofore Caroline v.
Kelley, aided and abetted by Miles Finlen,
presented to the district court i'm Jeffer-
son count a writing on paper which they
claimed n pretended was the last will
and testament of John D. Airport, and
which purported to will, devise and be-
queath to Caroline V. Kelley all of the
Airport estate; that a contest dn oppose
ton Was i~nterposed to the probate of the
paper and a jury at the hearing found
that the alleged will was not the will of
John D.. Airport; that Mrs. Kelley enter
ed into an understanding with Finlen
wherein she agreed and bound herself to
convey to him all of her rights in the
Minnie Healey, and that afterwards Fin
len, for a valuable consideration, trans
1erred all OF said rights to r. A. HeinZe,
who Is now and ever since has been en-
titled to them; but Notwithstanding
Heinze's rights Mrs. Kelley, with full
knowledge and notice, gave to Finlen a
deed of conveyance for a twentieth of the
property; hat Finlen old it as trustee
for Heinze subject to the payment Of
5000 by the latter, the amount paid Mrs.
Kelley by Fnlen at the time the deed
was executed by her and delivered: that
Finlen. as plaintiffs are informed and be-
lieve, by reason of the agreement with
Mrs. Kelley, pretends to have some
right or interest in four twentieths
OF the property which belonged to
Airport at the time the latter died: that
the Minnie Healey is valuable for the
ores n veins it contains: that it Is so
situated lat a partition cannot be made
without great prejudice and injury to the
respective owners and that q sale of the
whole is therefore necessary.