The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-18
IN THE DISTRICT COURT OF THE

IN THE DISTRICT COURT OF THE
Second Judicial District of the State
of Montana, in and for the County of
Silver Bow. In the matter of the Es-
tate of James Tuohy, deceased. Order
appointing a day for hearing petition
of executor for leave to least Black
Hawk Mining Claim, and requiring
notice to be given to all persons in
terested to show cause why such petit
ton should not be granted.
On reading and filing the petition of
Cyr PauWelyn, executor of the last will
and testament of James Tuohy, de-
| ceased, praying for an order of this
| court permitting and authorizing him
as such executor to make, execute, ac-
knowledge and deliver a lease of certain
real estate belonging to the estate of the
said James TWohy, deceased, tO-wit: the
BLACK Hawk quartz lode mining claim,
lot No. 279, in sections % and %, town
ship 3, north range west, together with
the appurtenances, in independence
Mining District, Silver Bow County,
Montana, for a minimum rental or roy
atty of all ores extracted from said prem
Uses of 25 per cent of the net proceeds
thereof, after paying transportation and
treatment charges, and further requiring
| the lessee or lessees to sink shaft on
oulu pIcIIllScS " d ueplH OIL at least
one hundred feet, such lease to run for
| period of two years unless the admin
istratiOn of this estate shall be closed
! sooner then to run only until the COM
pletion of this administration, with the
customary and usual conditions ordi-
narily contained in a lease of mining
property as set forth in said petition
and in the copy Of proposed lease
| thereto attached, to which petition now
on file reference is hereby made for
further particulars:
1T is ORDAINED, That Saturday the
| first day of June, 1901, at the hour of
2 o'clock in the afternoon Of the said
day, at the courtroom of Department
No l. in the Court House of Silver Bow
County, at Butte, be and the same is
hereby appointed as the day and place
Of hearing the said petition and it Is
! further ordered that all persons inter-
ested in the said estate be and appear
! before this court at the time and place
] so specified. then and there tn show
! cause, if any they have, why the prayer
of the said petition should not be grant
ed and the said realty, to-wit: the
| BLACK Hawk lode as above described,
should not be leased upon a minimum
| rental or royalty of 25 per cent of the
net proceeds of all ores extracted for
the period of two years, unless this add
! ministratiOn should be sooner termin-
ated. then until the close of this admin
istration, and requiring the lessee or
lessees to sink a shaft on said premises
to depth of at least one hundred feet,
and upon such other terms as are more
fully set forth in said petition on file
to which reference is hereby made: and
it is further ordered that copy of this
| order be published in the Daily Inter
Mountain, a newspaper of general cir
Culaton published in said county, for
two successive weeks next before the
said day of hearing it appearing to the
court that personal service upon all par
ties interested can not be had.
Done and dated in open court this 18th
day of May, 1901.
r. w. HARVEY,
Judge of the Second Judicial District of
Montana.
Mediation & Cotter, Attorneys for
Estate.
First publication May IS. 1901.