The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-09-14
.uooW OF &. r. DAY CLAIMS
HIS ENTIRE ESTATE
Continued from Page u


r,hat in furtherance OF said conspira
cy the said defendants Harry L. Day
nd Jerome j. Day wrongfully anC
,,nlawfully omitted the same, and tn,
whole thereof from the inventory OF
said estate filed by them in their rep
resentative capacity aforesaid in the
probate court of the said county OF
shoshone. state of Idaho on or about
the 18th day of August 1922.
"That prior to the commencement
of this suit to-wit: on or about the
goth day of August, 1922. your oratrix
demanded of the said defendants
Harry L. Day and Jerome }. Day that
they in their representative capacity
aforesaid proceed to demand of and
recover from the said defendant j. II.
Wourms the said assets of the estate
so unlawfully held by him, with the
view of reporting the same to said
probate court as part of said estate
and on or about the same date your
oratrix likewise demanded of the de-
PENDANT }. H. Wourms that he imme-
f diately deliver the same to the said
executors, both demands being made
for the purpose that said assets might
be inventoried as part of said estate,
administered upon. and in due course
" distributed by said probate court in
accordance with law: but both of said
demands the said defendants and each
of them, have neglected and refused
and still wholly neglect and refuse to
comply with.
Your oratrix further alleges upon
information and belief that since the
said defendant j. II. Wourms secured
possession of the above described as
sets certain dividends have accrued
and have been collected by him on
certain of said corporate stocks, the
amount of which your oratrix does
not know and so is unable to state |
but all of which should be discovered |
and accounted for by the said de-
PENDANT J. Fl. Wourms
Your oratrix further alleges that /
she has no adequate remedy at law |
in the premises and that unless the |
said defendants J. II. WOurms. Harry /
l.. Day and Jerome }. Day are COM
PEELED by the decree of this court to
make full disclosure and discovery of
said assets, and to account therefor
to the executors of said estate the
assets so converted by them will be
wholly lost to the estate and to your
oratrix and said unlawful scheme to
defraud her thereof will be cOnsum-
mated. Your oratrix on her part Of
fers to do whatever equity requires in
the premises
Upon information and belief your
oratrix further alleges and AYERS that
the corporate stocks above described
now stand upon the books of the re-
spective defendant corporations in the
name of the said defendant j. H.
Wourms pursuant to the above mem
tioned pretended and unlawful trans
fers thereof to him.
wherefore your oratriX prays as
Follows:
81 That a subpoena may issue out
of this honorable court directed to said
and to each or them, re-
hurting and commanding them to ap-
pear in this cause upon day certain
and answer the several allegations in
this bill Of complaint contained, an an
swer under oath being hereby waived. q,
"2. That the said defendants J. H. ,
Wourms Harry l.. Day and Jerome J. {
Day. and each of them, be required to q
render a full, true and perfect account +
Of all the assets of said estate of every G
nature and kind, together with the T.
income thereon, in their possession or 7
In the possession of either of Them 7
and having so accounted for and dis +
covered the same. to forthwith return n
and deliver the same, and the whole +
thereof, to the said executors of the
estate That all of such assets be de-
clared and adjudged to be part of the
estate of said deceased.
"S. That the said defendants, ex- ;,
ecutors of said estate, be forthwith Il
required to file an inventory of all such -
assets and report the same to the said
probate court for purposes of admin >.
stration and ultimate distribution in y
lue course of law by the said probate q
court A
a. That the same. and the whole s
thereof, subject to legitimate debts of n
he community and the expense of b
administration, be declared to be COM h
nunity property and the sole property n
IF your oratrix as the survivor of said c
and that the same be or h
Tered distributed to her in due course s.
If administration by the above men s.
Toned probate court. is
80. That the said defendants and W
Zach of them, except the above nam r
I'd defendant executors (and they only c.
n their representative capacity be a
declared to have no interest or equity f'
n said assets. or right or title there
o, or to the possession thereof and
hat the said executors be declared to W
De entitled to the immediate posses a
'ion thereof n
Of Ia,