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

Eugene r. Day. filed a com
plant in the United States dis
trict court for Idaho northern divi
sion. against John II. Wourms. HARRY
L. Day and Jerome J. Day the las
two brothers and executors of the vii
of the deceased in which she assert,
that the entire estate of the deceased
is community property. and that so fal
as the will of the deceased attempted
to bequeath the same to heirs anC
legatees therein mentioned. that tn,
said will is null and void and that sh,
refuses to be bound by it, but instead
elects to take the whole of said es-
tate under and by virtue of the pro-
visions of the statutes of the state OF
/ Idaho governing the devolution OF
community property. and your oratriX
claims to be, and is. the sole owner
of said estate as survivor of said com
munity" Mrs. Day alleges that de
PENDANTS Harry l.. Day, jerome J. Day
and John IL. Wourms and the said
Eugene r. Day. deceased entered in
to a conspiracy to wrongfully and un-
lawfully abstract from the estate of
said deceased. defraud and deprive
your Oratrix of a large portion of the
assets of the said estate" and enum-
crates the property so alleged to have
been distracted, valued at $500 600
Eugene r. Day died on February IL,
this year In his will he bequeathed
his entire estate in equal parts to his
brothers. Harry L. and jerome j Day
of Wallace, and his sisters Mrs Ele
amor BOyce and Mrs Blanche Ellis, of
Portland, making no reference what
ever to his wife in the will. His two
brothers were named as executors Of
the estate and it is understood that
efforts have been made by them to
effect a settlement with the widow.
These having failed, Mrs Day has now
brought suit in equity to recover the
entire property of the deceased. the
value of which is estimated, including
the property alleged to have been alb
stracted from the estate, is S3,250,0O0
The value of the property listed in the
inventory and filed in the probate
court was appraised at S1.750.00O. At
torneys for Mrs. Day are Walter H.
Hanson, Of this city. and Skulason &
Riesland, of Portland.
The Complaint
The formal title of the action which
is brought in equity is Agnes Loretta
Day VS.. J. H. Wourms, Harry L. Day,
jerome J. Day, Hecla Mining Com
pany. Occur d'Alene Hardware e
Foundry Company. Tamarack & Gus
ter Consolidated Mining Company
Wallace Powder Company, Harry l.
Day and Jerome j. Day, executors of
the estate of f. r. Day deceased.
Passing the preliminary statement, the
complaint follows:
Married in 1905.
THAT on the oath day of January,
1905. at Mullan, Idaho. your oratriX
married one Eugene r. Day. now de
ceased, and remained his lawful wife
until his death which occurred on
February II, 1922. That at the time
of his death the said Eugene r. Day.
deceased, was a resident and inhabit-
ant of the county of Shoshone, state
of Idaho, and died possessed Of "A large
estate, both real and personal. situate
in said county and state, and else
where, of the value of several million
dollars over and above the debts and
liabilities.
THAT said deceased left a will, a
copy of which is attached to this bill
Of complaint marked Exhibit A. and
by reference hereby made part hereof.
That the defendants Harry L. Day and
Jerome j. Day, therein mentioned as
Iegatees and devisees, are brothers of
said deceased.
"That said will was duly filed for
probate on the 18th day of March,
1922, in the probate court in and for
the said county of ShoshOne. state OF
Idaho. the same being so filed by the
defendants Harry L. Day and jerome
j. Day. and that pursuant to the pro-
visions of said will the aforementioned
defendants were thereupon duly ap-
pointed by said court executors of said
will and of the estate of the said de-
ceased without bond; that they there
upon qualified as such. and ever since
have been. and still are the duly ap-
qualified and acting executors
thereof
THAT the said deceased left neither
father nor mother. nor child, nor any
child of your oratrix him surviving.
That his entire estate, left by him as
aforesaid, was acquired by him and
your oratrix after the date of the mar
riage of your oratrix with the said de-
ceased. as aforesaid, and was and is
property and belongs to
your oratrix in her sole right. That
insofar as the deceased. by the terms
of said will attempted to devise and
bequeath a portion of said estate to
the heirs and legatees therein men
toned and thus deprive your Oratrix
Of the portion so attempted to be be-
queathed and devised the said will is
null and void, and your oratriX has re-
undated the same and refused to be