The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
WILL OF.E.lR. DAY FILED
ESTATE GOES TO FAMILY
NO SETTLEMENT WITH WIFE
TWO shO THEIRS NAMED AS
Executions.

-t~~'SaA "a OlA ltnpt OpCl luOtlfcS u m
Huence, anu prO.iulns 4UI e4peuses {
funeral ana last slcKness, the enur
estate Oh the deceased is disposed Vi D.
eight paragraphs. IN the INST lou
paragraphs ne gives DequeaIns an
ueNises one-lOurtn Oi ali ms sepaluu
property, real ana personal, 10 eucl
81 the following DrOtners and sisters
Harry J.. Day Jerome j. Day t.leano
Bernlce Boyce and Blance hloise Ellis
In the last TOUR paragraphs he gives
and bequeaths to the same uevIsees
each one-tOurth OF his moiety ano
share OF all his community property
Having thus disposed OF his large es-
tate apparently without comphcating
qualifications, Mr. Day closed the in
strument by designating his brothers,
Harry l.. Day and Jerome j. Day, to
be his executors to serve without
bonds. The will was executed on June
2S, 1910, being witnessed by John H.
Wourms and Gary c. Burke. The will
contains on specific requests whatever
nor is there any reference to the kind
or value of property owned by the de-
ceased. Neither is there any reference
to his wife, except by implication in
disposing of community property.
Petition of Executors.
Along with the will was also filed
petition from Harry L. Day and jerome
J. Day named by the deceased as ex-
ecutors asking the court to admit the
will to probate. and that letters tes-
tamentary be issued to them. For that
purpose the court was further asked
TO designate a date for proving the
will. and to give public notice to all
persons interested to appear at that
time The petition makes no reference
to the property of the deceased except /
IN the following paragraphs
That said deceased, at the time of |
his death, was a resident of Wallace |
in the county of Shoshone. state Of |
Idaho and left property in the county |
Of Shoshone, state of Idaho; that said
property is both real and personal. in
GLIDING cash, and is of the probable
value of three hundred and fifty thou
sand dollars ($S5O 100000"
Referring to the regal heirs of the
deceased, the petition says:
That the next of kin of said dece-
dent and testator whom, your petit
TONERS are advised and believe. and |
therefore allege to be the heirs at law
of said decedent and testator. and the
names and residenceses of said heirs.
so far as known to your petitioners.
are as follows to-wit: Harry L. Day.
Wallace, Idaho; Jerome j. Day, Mos
cow Idaho; Eleanor Bernice Boyce,
Portland, Oregon; Blanche Eloise Ellis.
Portland. Oregon.
That said decedent and testator left
no issue and no decedent of any issue
and he was survived by his widow,
Agnes Loretta Day. whose residence is
apartment No. 2OS Carmelita Apart
ments, 454 Jefferson street, Portland.
IN the county of Multomah, state of
Oregon"
Judge Sherrard designated Tuesday.
April IL, at 10 a. m. as the time for {
hearing on the petition.
No Settlement With Wife.
Since the death of Mr. Day it has L
been reported that he had effected a 7
property settlement with his wife. [
alter reports indicate that this is not il
rue. 1t is also reported that following d
lis death efforts have been made BY S
members of the family to reach an n
greement, but without success. Since s.
he sensational divorce case a good II
many years ago, which was never CAT W
led n q,
as received $3.50 per month from her W
usband. In recent years it has been b,
ommOn report that she desired TO II
each an agreement which would give 50
er a divorce and a reasonable proper pa
settlement. Negotiations to that
nd, it is said resulted in an offer de
'om Mr. Day to pay her S25, 5000, which II
as met by counter proposition from wi
irs. Day TO accept 100000 With this
ide margin between them, no agree ca
tent was possible. Thus the matter W,
God until within the last year. ac. M
riding to report Mrs. Day was Of fiji
red a divorce and 100000 Although ca
lie had fixed this sum previously it be
said that she turned it down when otl
fered and in turn fixed the figure at
10000, which, being rejected oy Mr. co
ay. ended the negotiations. an
1t would be quite impossible to form pr
-en an approximate estimate of the rel
ilue of Mr.. Days estate. but it may wi
stated that the figure named in the
'tition filed by the executors, $3.50 tw
0, is insignificant compared with the ella
'pular belief. 1t is not likely that gu
~ definite information will be OBJ ma
ined on this point until an inventory in
the property of the deceased is filed
the probate court, which is re 1uired
ider the Idaho law within thirty days I
ter the will is entered for probate ers
nong the well known property owned pal
the deceased may be mentioned his inc
terest in the Hercules mine. more POI
an half Of which is owned by the val
~ family; stock in the Tamarack & the
lister. which is controlled also bv the act