Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-20
Mr.. LEYS0N
FILES ANSWER
OBJECTS TO THE PETITION OF H.
A. ROOT AND OTHERS FOR
PARTIAL DISTRIBUTION.
OF THE ESTATE Of
THE LATE JUDGE DAVIS.
Details History Of the Many Claims
Against the Estate Including
One of Jefferson Davis.

John H. Leyson. as administrator of
the. estate of a. J. Davis. has filed in the
district court an answer and objections
to the petition of Henry A. Root. Ellen
:. Cornue Joseph A. Coram and Marie
tunm .ngs. ASKING for partial distribu-
ton of that portion of the; estate still
under his control.
To begin with. Mr.. Leyson admits that
all claims So far proved against the es-
tate have been paid. but adds to this
the allegation that there are other claims
in litigation. He admits that there is
now in his control about $4,000 and 100
shares of the capital stock of the First
National bank. He denies that there
are no claims or demands against the
estate but as to whether they will ex-
ceed $25, eco he does not know He denies
that all the requests in the will have
been paid. making such denial on infor-
nation and belief that certain parties
are still making claims against the funds
by reason of requests in the will. He
says he does not know whether Eliza
beth Ladd, Charles H. Ladd and Marie
Louise Dunbar transferred their right
III the estate to Joseph A. Coram in No
vember of 1898 or whether Mr.. Coram is
their successor in interest and he will
therefore require proof of the deal. He
denies that 100000 and the bank stock
can be safely distributed at present. He
says that in August of 1897 the court
ordered the distribution of 5000 be-
longing to the estate on an agreement
among the heirs that $500, 900 then on
the Massachusetts end of the estate
should be transferred to Montana to be
held by him as protection against
prospective claims. He further says
that on March l, 1900, the petitioners in
this case pettioned the probate court
of Suffolk county. Mass. for a distribu
ton of the 100000 to them instead of
being turned over to him. hearing
was had between September and II
, and the court denied the petition. An
appeal to the supreme court was taken
and this appeal is still undetermined
Mr.. Leyson says he cannot say whether
the appellate court will order the money
transferred to him or decide that it
should be distributed among the petition
| ing heirs. He says all of the real es-
! tate belonging to the estate. has been
distributed among the heirs by order of
the court and he has lost control of it.,
and that all he now holds is the $4,000
and the bank stock. He says Erwin
| Davis of New York has claim against
I the estate and has commenced suit in
| the United States circuit court of Mon
tana to recover judgment for it. He
! says the remainder Of the estate will not
be in condition to be distributed until
after the suit is determined. as the re-
suit might have a serious effect upon
the property now in his hands and also
! the Massachusetts end of the estate
| Mr.. Leyson further says that SO far
he has received only $4,000 for his ser
| vices as administrator and he does not
! know in what amount the court will
| finally fix his fees: that Frank E. Cor
| bett has filed a claim of ST., 800 for SER
/ vices rendered Henry A. Root and Others
as an attorney and has notified HIM to
/ not pay Mr.. Root and the other parties
until the $l1.5O0 is paid. He also says
that L. T. Wilson, receiver for the Mer-
chants National bank at Helena, has
sued Mr.. Root and the others for $4,000
and garnisheed the money in his hands;
that this action has been dismissed as to
Elizabeth Ladd and Marie Dunbar. but
is still in full force against the others
Mr.. Leyson also says that Clayberg &
Mcconnell have claim and garnish-
7 ment against $17.500 of Mr.. Root ct ais
money and that w. NJ. Bickford has a
claim against Noah j. Mcconnell fOl
81, 800. 40; that E. w. Toole and William
| Wallace, Jr., have a claim of ST., 500
| against the petitioners. and that Toole
Bach & TOole haveS claim for $1,000
Mr.. Leyson, in a closing paragraph, says
that James A. Talbot has notified him
that he has bought the interest OF
Thomas jefferson Davis of Salem, Iowa
and also the interest of the said Davis
by virtue of contract between the Iowa
Davis and J. A .Coram: also a certain
other contract between the Iowa Davis
and John A. Davis, and that Talbot
makes certain claims against the estate
by reason Of the possession of these con.
tracts.
| ~-Al=A0