The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-10-12

by Judge ]. E. Sherrard, of tn
probate court, commandin
John II. Wourms, p j. Magg
and A. p Ramstedt to appear in hi
court on October II at 10 a. m. anC
there be examined under oath respect
ing matters set forth in the complain
of Agnes Loretta Day in connection
with the estate of the late Eugene r
Day The complaint was filed OF
September 30 by Walter H. Hanson
and B. G. Skulason, attorneys for Mrs
Day, and the citation has been duly
served by Sheriff Freeman.
Allege Assets Abstracted.
The complaint filed in the probate
court reiterates the charge made in
the complaint on file in the federal
court that the following assets of the
estate of E. r. Day have been alb
stracted therefrom: 1880 shares OF
the Hecla Mining company; 152,7S4 or
more shares of the Occur d'Alene
Hardware & Foundry company; up
wards of 100000 shares of the lamar
ack & Custer Consolidated Mining
company; 14,OO4 shares of the Wallace
Powder company; Liberty bonds of
the par value of $4,000, all repre-
senting a value of $1,5OO,OOO. It is al
legged that the foregoing assets
through conspiracy by H. L. Day, Jer-
ONE J. Day, E. r. Day, deceased, and
P J. Maggy. were turned over to John
II. Wourms; that demand has been
made upon Mr.. Wourms to surrender
the same to the executors of the es-
tate, and that he refused and contin-
ues to refuse to do so.
Interest in Hercules Also.
The complaint further alleges on in
formation and belief that p. J. Maggy
and A. p. Ramstedt have knowledge
of the above mentioned pretended
transfer to said John II. Wourms of
the above described assets of said es-
tate, and of various deeds, convey
ances, bonds contracts and other writ
ings which contain evidence and tend
to disclose the right title, interest
and claim of said decedent to real and
personal property, particularly to a
certain one-sixteenth interest in the
Hercules mine, which stands upon the
records of said county and state in
the name of Eleanor Day Boyce, and
which was wholly omitted from the
above mentioned inventory of the ex
ecUtors of said estate, but which inter
est as your complainant is Informed
and believes, and therefore alleges,
Rufus Day. That said interest is of
the value of at least 100000. That
the said Eleanor Day Boyce is a sis
ter of the deceased and that the title
to said interest was conveyed to her
in trust by the deceased, and for his
tent of defrauding your complainant
thereof. That said interest was ac-
quired by said deceased and your
in the year 1912 with
funds belonging to said community !
and that such interest, when so ac- |
quired, was community property and |
ever since has so remained, and be- |
longs to the complainant as the sur
vivor of such community"
The Osburn Ranch.
1t is further alleged that for several
years before the death of the deceas-
ed the Osburn ranch was part of the /
estate; that a short time
before the death of deceased he trans
rerred the ranch to the Standard Dairy
at a valuation Of $4,000;
that only $4,000 worth of stock was
issued to himself and that he caused
S35, 900 worth thereof, par value, to be
ssued to Eleanor Day Boyce; that
she gave no value for the said stock
md has not now any right or title
hereto. In conclusion the complaint
says:
THAT all books, deeds, records and
documents relating to the foregoing
matters are in the possession of said
4. P. Ramstedt, p. j. Maggy and John
4. Wourms, and that in order to pro-
ect the rights of complainant a full
disclosure of all matters above men
Toned should be made in the probate
,ourt.
Wherefore complainant asks that a
station be forthwith issued by the
curt to the said John II. Wourms, F.
I. Maggy and A p Ramstedt COM
handing them to appear and answer
lnder oath such questions as may be
,ut to them"