Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-11
STATE CLAIMS THE FORTUNE
NO RELATIVES, AND THE COM
MoNWEALTH WOULD REAP
REWARD OF HIS THRIFT
ALLEGE FRAUDS IN THE WILL
Say Colbert Was Not Competent to
Will Property, and Was Unduly
Influenced.
Special to the Inter Mountain.

Special to the Inter Mountain.
Helena, Mont. April 1.-THE supreme
court today took a hand in the Colbert
will case at the instance of Assistant AT
torney General Harry r. Moore. An al
dering Judge Harney, of the district court
Of Silver Bow, to appear April 10 and
show cause why a peremptory writ should
not be issued ordering him to hear the
attorney generals objections to the pro-
bate Of the alleged WILL The attorney
general asks to be allowed to appear as
party contestant and wishes to have his
objections reinstated on the files
In his affidavit, the attorney general
alleges that John Woolbeater had petition
ed for the probate of the will annexed
Of administration, with the will annexed
He filed objections April 3, alleging that
the alleged Will was not the last will aud
testament of Colbert, as Colbert was not
mentally and physically capacitated to
make will; that Colbert was acting un-
der fraud, duress and undue influence of
William I. Lppincott and John Wool
beater, egatees under the VIII; that the
alleged will was never signed, sealed,
published or declared by Colbert; that
Colbert died intestate. having no heirs
far as known, at ALL
1t is then related that the case was set
for hearing April 8, when Woo.beater
moved to strike out the objections Of the
state on the ground that the state had
not such beneficial nor any other iptar-
est in the matter as would enable it to
contest the matter, ana tne motion was
sustained. He says the district court
threatens to, and will unless ordered oth-
erwise by the supreme Zlrt, hear the Pc
tition for probate. ignoring the objections
of the state and depriving it OF any rights
it may have; that there is plain, aIe-
. quate and speedy remedy: and that the
rights of the state will be prejudiced :.nd
totally destroyed if it is compelled to
await the ordinary course of appeal.
The affidavit filed in the district court
goes into particulars as to the alleged
fraud. 1t ALLEGES that on February IL.
the date Of the alleged will, Colbert was
incapacitated by physical debility, ola
age, infirmity and unsoundness of mind
to d'si ose of the property; that his sig
nature is forgery, and was made at the
suggestion of Woolbeater and Lippincott;
that the signatures of Edward Wegnor
and F. Hafronter as witnesses We're Oh
tained by bribery, namely, promises of
money and participation in the distribu-
ton of the estate; that the will was not
executed until after the death of Colbert:
that Wooibeater and Lppincott conspired
long prior to Colbert's death to become
beneficiaries of the will by undue intlu-
ence and connived to obtain posses sion OF
the estate by fraud; that Colbert died
intestate on or about February II. leav-
ing property worth about $4,000. The
state therefore asked that the w.ll be de-
Cared forgery and the estate held in
trust for it on .inal distribution.
The case Of Edward Mccall, charged
with marrying Mabel Hancock, knowing
her to be the Wife If another, went to the
jury at noon, having occupied Yesterday
an: this morning in Judge Smiths de-
partme mt of The .iiS,rl,t court. Ee AZ
mitted that th3 woman had been married
before. but denied having had knowledge
of the fact until after he had married her.
His marriage took place February 26,
and the state put in evidence against
him letter dated that day ad-
dressed to Hancock urging him to
take his wife home; also letter from
the woman, dated Billings. but post
marked Livingston, declaring that they
must be strangers thereafter. as Han
cock preferred his mother to her. Ham
cock told how he had married the ,irl
at Butte last May, but she did not agree
with his mother, so he sent her to Hei-
ena until he could provide a separa e
hime. When he received a letter from
Mccall that she was sick, he came to
Helena and learned from Mrs. Caulfiel!,
where she and Mccall had been board
ing, that they We're married. Mrs. Caul-
field and several other women gave EVIL
dence to prove McCalrs knowledge OF
Mabels previous marriage.
Mabel Hancock herself testified against
him. saying that he had written letter
to Hancock in her presence and that
she had told him of her previous mat
riage and had shown him a picture OF
the couple together; also that she wrote
a letter from Billings at his dictation.
Mccall testified that he knew nothing
of the girls marriage to Hancock until
he had married her, and denied the au-
thorship Of the letter to Hancock: His
witnesses testified that the letter had
been written by other boarders at Cau1-
fields, who were rivals for the girls af-
iections, but most of this evidence was
shut out. and McCalrs handwriting wa,
proved by comparison with other letters
admittedly his.
N w. Hanson, a crazy tailor, who ap-
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