Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-06
PUBLIC ADMINISTRATOR COLLINS
F1Lrs OBJECTIONS TO THE
PROBATE OF THE WILL.
BELIEVES THAT THE
WILL is NOT GENUINE.
The Property of Colbert Has Value
of Between SAC, 900 and $4,000
Collins Petition.

The contest over the alleged will of
the late Charles Colbert, which Public
Administrator Collins promised the
public at the time the will was filed for
probate has materialized and it prom
ises to be a warm one from several
points of view.
Just before the arrival of the closing
hour of the district court last evening
the clerk of that body was called upon
by the public administrator to file a
document containing objections to the
probate of the alleged will. Accom-
ranying it was request for the trial of
the issues by jury. The public admin
istrator has employed c. F. Kelley to
handle the protest. Attorney w. I.
I.ippincott and John Woolbeater are the
persons who will insist upon the admis
SION of the Will to probate. for they are
the ones named as sole beneficiaries in
the document. each being given share
and share alike of between $40, 900 ana
$4,000 worth of property, real and per-
sCnal. In the objections filed the public
administrator is not at all backward in
saying the alleged will is not genuine,
his language being as follows:
First-That j. p. Collins is the only
elected. qualified and acting public adj
r,iniStrator for Silver Bow county. Mon
tana. and as such is entitled to letters
of administration upon the estate of said
defendant. and prays that the same be
issued to him. That heretofore, to wit,
upon the day of February 1901, the
contestant filed in this court a petition
praying that letters of administration be
issued to him in the matter of the above
entitled estate, all of which facts and
matters therein stated contestant makes
a part of these his objections to the pro-
bate of the said alleged last will and
testament of the above named decedent,
the same as though the facts and mat
tiers therein stated We're herein set forth
i'll full.
Second-That since the filing of the
Pc titiOn praying for letters of admins
tration in the above entitled matter, ana
since the alleged last Will and testament
OF the above named decedent, now Offer
ed for. probate, has been filed herein,
contestant has ascertained and upon in
formation and belief states to the court
that the above named decedent left cer-
tain heirs at law and relatives in the
province of Cochurn and Moselle, Ger
many who, as your contestant is in
formed and believes and states the fact
to be. would be entitled to succeed to
the estate of the decedent if he died in
estate.
Third-That the said document, pur-
porting to be the last will and tesla
nsent of the decedent, and now offered
for probate in this court, is not the last
will and testament of the decedent in
that the said decedent never subscribed
at the end of the document his name nor
authorized any person, in his presence
or by his direction. to so subscribe his
meme thereto, and that the said purport-
ct. signature at the end Of the document
is not the signature of the decedent
ard never was made by him for sigma
ture, nor was anyone ever authorized
in his presence or by his direction or at
all to subscribe the name of the decedent
thereto as and for his signature: that
the purported subscription was not
made in the presence of the attesting
witnesses and never was acknowledged
hj the decedent to have been made by
him or by his authority.
Fourth-That the said decedent never
did declare to the attesting witnesses
nor to anybody else that the document
was his last will and testament and
of the document.
Fifth-That the names of the persons
subscribed thereto as attesting wit
nesses We're not signed at the request OF
the decedent nor in his presence nor by
his authority.