The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1911-03-23
In the Probate Court Of Shoshone County, State
Of Idaho.
In the Matter OF rne Estate Of David Avery
Deceased
Order to Show Cause Upon Petition Prayine
for Authority to Enter into Contract for
the Sale Of Mining Interests.

Upon reading and fling the petition of Carrie
Tsrr, executnx Of the last will and testament and
Of the estate of David Avery. deceased, praying
that said executrix be authorized by an order
OF this Court to enter into contract with the
Bear Top Mining Company. giving said company
an option to purchase all of the right, title and
interest OF the estate of David Avery, deceased
in and to those certa lode mining claims, sit
uated, lying and being in Summit Mining District
| County of Shoshone, State of Idaho, known al
| and called Henrietta" "Irma," Jumbo Ray
Fraction" Combination" Center" "Grand
Center" Duncan" and Connection" and alsc
| all those certain placer mining claims situate
| lying and being in Summit Mining strict
Shoshone County, Idaho, known as AMI called
| Bear" and Simmons Placer" Mining Claims
and also 100000 shares of the capital stock o.
the said Bear Top Mining Company, corpora
| ton, organized under the laws of the State o
Maine, upon the terms and conditions nance
| in said petition and annuing those contract,
entered into on the 18th of June 1903 any be
tween Moses s. Simmons Adam T. Simmort and
David Avery, as parties of the first part and
Clarence C. Groesbeck, George +. Myers and
Edward F. Brucker parties of the second part
which is Of record in Book "E'' of Agreements al
page 247 thereof, records of Shoshone County
Idaho, the interest in the said contract of which
said Groesbeck, Myers and >Brucker has hereto
fore been assigned to the said Bear Top Mining
Company; and also annuing that certain cor
tract entered into between the said Moses s.
Simmons, Adam I. Simmons and David Avery
| as parties of the first part and said Bear TOP
Mining Company as party of the second part
on the goth day of September. 1903, good cause
appearing therefor,
1t is therefore Ordered by this Court that
all persons interested in the estate of said deceased
David Avery, be and appear before this Court
at the Probate Court Room in the County Court
House at the City of Wallace, County of Shoshone
State of Idaho, on the lst day of April, A. d
| 1911, at 10 o'clock in the forenoon of said day
| to show cause why an order should not be issued
and granted herein to the said executrix authoriz-
ing her to enter into contract with the said Bear
Top Mining Company giving the said corporation
an option to purchase the interest Of the said
David Avery, deceased, and of his estate in and
to the above described mining claims and the sal /
| mining stock heretofore mentioned and described
in accordance with the terms set fol,h ip sal
petition and the form of a contract anne xed thereto
and made a part thereof and authorizing said
executnx to enter into contract with the said
Bear Top Mining Company as requested in saod
petition to annul said contracts therein referred
to as of date June II, 1903 and September 80 1908
And 1t Is Further Ordered that copy Of
this order be published in the Wallace Miner, a
weekly newspaper published at Wallace, County
Of Shoshone, State of Idaho, for a period of at
least three successive weeks prior to the sal 4
lst day Of April, 1911.
Dated this 9th day of March, A. D. 1911.
LAWRENCE E. WORSTELL, Probate Judge
M9-M23