The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1923-05-17

"HROUGH the settlement of the
controversy over the estate of
the late Eugene r. Day, his
widow, Mrs. Agnes Loretta Day,
of Portland, will receive cash, prop
erty interests, stocks, bonds and Sc
curities aggregating a value conserva-
lively estimated at more than 1000.
600, and until the decree of distribu-
ton of the estate is entered by the
/ probate court she viii continue to re-
ceive from the estate $1,000 per month,
the amount she has been receiving
for the past year or more. In his will
the deceased ignored his wife altoge-
ther they having lived apart for many
years and up to the time of his death,
and beQueathed his entire estate to
his brothers. Harry l.. and Jerome j.
Day and his sisters, Mrs. Eleanor
Bernice Boyce and Mrs. Blanche Elois
Ellis, both OF Portland, in equal
shares The widow contested the will.
filing an action in the United States
district court in which she asserted
her right to all property of the de-
ceased, both personal and community.
She also brought suit in the district
court of this county alleging that GER
tain interests in the Hercules mine
and other property standing in the
name of Mrs. Boyce were in fact ac-
quired by her husband and belonged
to his estate and therefore belonged
to her as th3 rightrul beneficiary
Thus the stage was set for prolonged
litigation over an estate valued at the
lowest estimate of 100000.
Settled Out of Court
For several months it has been
known that negotiations have been in
progress between the contestants
looking to an agreement and an
nouncement was made several months
ago that these had been successful
Upon transferring the scene of nego-
tation from Portland to Wallace
much time was consumed in working
out the details to the satisfaction Of
both sides and it was not until May 8
that the instrument setting forth the
terms of the settlement was finally
signed. A copy of the agreement was
delivered to the probate court in the
afternoon of May and was formally
filed on May 10. 1t required so type
written pages, many of them solid"
to describe the terms of settlement
and 81 additional pages for exhibits
to which reference IS made in the
agreement making a total of 81
pages. The document is signed in
the order given by Agnes Loretta
Day Harry L. Day. Jerome J. Day.
Eleanor Bernice Boyce and Blanche
Elois Ellis.
The Widows Mite
The agreement stipulates that Mrs.
Agnes Loretta Day shall continue to
receive $1,000 per month from the es-
tate until the decree Of distribution of
estate is entered in the probate court
and that ON the date Of filing the de-
cree she shall receive 100000 in
cash.
She also receives 3-16O of the Her
cules mine which includes all mining
claims owned by the Hercules COM
pany each of which is described. ana
all other real estate in Burke and
elsewhere, water rights. tunnel rights
easements, MILL leases. etc.
IAN undivided 3-160 interest Of in
and to the following described per-
sonal property, to-wit; All the follow
ing stocks and bonds owned by tue
Hercules Mining company;
$500 shares Hidden Treasure Min
ing company.
72S,4OO shares Idaho & Eastern NJ
& NJ company.
1.23S,141 shares Hummingbird Min
ing company.
$4,000 shares Ambergris Mining
company.
S5O1O4 shares Basin Mining COM
pany.
9Oses1 shares Laclede Mining COM
pany
a777es shares Aetna Mining COM
pany
100000 shares Northport Smelling
& Refining company
1885 shares Pennsylvania Smelling
company.
1888 shares Times Publish
ing company.
1929 $50 Liberty bonds.
Amount of deposits in Wallace Bank
& Trust company of Hercules Mining
company and accrued interest on date
of filing final decree of distribution.
Amount equal to difference between
bills and accounts receivable and
hills and accounts payable of Hercules
Mining company on date of filing de-
cree of distribution.
Tools. supplies, machinery and
equipment of Hercules Mining COM
pany on date of fling decree of dis