The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-09-14

and your oratriX claims to be. and is
the sole owner of said estate as sur
vivor of said community.
THAT shortly before the date of thu
death of the said deceased. as abov,
stated, the defendants Harry l.. Day
Jerome }. Day and }. H. Wourms ant
the said Eugene r.. Day deceased en-.
tered into a conspiracy to wrongfullN
and unlawfully abstract from the es-
tate of said deceased and defraud anc
deprive your oratrix of a large por-
ton of the assets of said estate. tn,
exact description. amount and value
whereof is to your oratriX unknown
but a portion of which assets is here
matter described: and that in further
ance of said unlawful conspiracy the
said defendant J. H. Wourms. at OF
about the date of the death of said
deceased in fact unlawmny and
wrongfully did take and abstract from
said estate. and did secure possession
of a large portion of the assets of said
estate, the exact character descrip-
ton and value of which is to your or
atriX unknown. except that she knows
and hereby alleges that a portion OF
the said assets so distracted and tax
en- possession of by the defendant J.
H. Wourms is described as follows:
"19,5OO shares of the capital stock of
the above mentioned defendant Hecla
Mining company
"l52.7Sl shares of the capital stock
of the above mentioned defendant
Occur d'Alene Hardware x Foundry
company.
"54104 shares of the capital stock of
the above mentioned defendant The
Tamarack & Custer Consolidated Mi
ming company
"14,OOS shares of the capital stock Of
the above mentioned defendant The
Wallace Powder company.
United States Liberty Loan bonds
and war savings stamps of the par
value of s16729157; which enumerated
assets We're. and are, of the fair and
reasonable value of at least $500 600
That as to the other assets of the es-
tate secured as aforesaid by the said
defendant Wourms your oratrix AYERS
on information and belief that the
same We're and are of great value.
Your oratrix further alleges. on in
/ formation and belief that. with the
connivance and assistance of said de
PENDANTS Harry L. Day and jerome j.
Day the above described corporate
stocks were transferred to the de-
PENDANT j. II. Wourms. on the books
of said corporations after the death or
said deceased. but whether he secur-
ed actual possession of the above men
toned assets before or after the death
of said deceased your oratrix does not
know: but does allege that if the said
defendant J. II. Wourms secured pos
session thereof from the deceased prior
to his death, then it was shortly be
fore his death. and the deceased de
livered the same to the said J II.
Wourms unlawfully and without con-
sideration in futherance of said con-
spracy in disregard of the rights of
your oratrix, and with the unlawful
and wrongful intent of defrauding her
thereof That as to the above men
toned corporate stocks, on informa-
ton and belief your oratrix AYERS that
the same were transferred to the said
defendant j. H Wourms upon the
books Of the respective defendant cor
porations in the month of May. 1922.
or later, by one T. J. Maggy. a clerk in
the employ of and acting under the or
ders of the defendants Harry L. Day
and Jerome J. Day wholly without
consideration or authority of law. but
wrongfully and unlawfully in further
ance of the said unlawful conspiracy
and solely upon the pretended au-
thOrity of n certain instrument in the
form Of a simple power of attorney
to have been executed by
the said deceased in his lifetime and
delivered to said p. j Maggy. which
pretended power of attorney was dat
ed on the 9Th day of January 1922. and
recorded in the office Of the recorder
of conveyances in and for said county
of Shosh0ne, state of Idaho. on the
18th day Of May 1922, copy Of which
instrument is hereto annexed. marked
Exhibit b. and by reference made
part of this bill of complaint.
THAT the above mentioned assets
of said estate were. pursuant to said
collision and conspiracy, distracted
therefrom. and taken possession of by
the said defendant J. II. Wourms az
aforesaid with the wrongful and I'M
lawful purpose and intent on the part
of said defendants J. IT. WourmA,
Harry L. Dav and Jerome J Dav to
divide the same eventually between
said last named three defendants That
the said last named three defendants
have wrongfully and unlawfully con-
verted the same to their own use and
continue to deprive said estate and
your oratrix thereof, and that the
same are now so held by the defend
ant Wourms for the joint use and
benefit of himself and the said de-
PENDANTS Harry L. Day and Jerome J.
Day unless portions thereof have al
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