Montana labor news., 1934-04-05

Ice VT Ills NUUIIIVIITf TATIT1IFN o u ~
Of service; and In ease of your failure to
appear or answer, Judgment win be taken
against you by default for the relief de-
handed In the amended complaint.
The nature of the action as alleged IN
plaintiffs amended complaint is as fol
lows;
That George II. Decker died at Butte, SIT,
yer Bow County, Montana, on or about
the 30th day of September, 1872, leaving
surviving him neither father, mother, WIFE
son, daughter, brother, sister, or next OF
kin, save as hereinafter alleged, ana dled
possessed Of both real and personal prop
erty, all of which was and is situated IN
Silver Bow County, Montana, with the ex-
eeption of a certain oil royalty interest,",
that the said property was and is OF inc
value Of approximately S22,OO0.OO, ana thal
at the time of his death the sad Georgs
II. Decker was a resident of the SAID
County of Silver Bow and State OF Mon
tana.
That on the 4th day Of October, 1882,
there was filed in the office OF the CLERK
of the District Court of the Second Ju-
diclal District of the State of Montana IN
and for the County of Silver Bow a Pc
tition for letters of administration OF the
estate of George II. Decker, deceased, anu
hereafter such proceedings were mad that
by an order OF the above entitled Court
duly given and made on the nth day Of
October, 1892, the above named Mary Cav
lgan was duly appointed administrators
OF the said estate of George H.. Decker,
deceased, and thereafter on the 10Th day
of october, 1882, duly qualified by giving
bond and taking the oath required by law,
and the said Mary Gavlgan is now the
duly appointed, qualified and acting adj
mlnistratrix of the estate Of George H.
Decker, deceased.
That no will or purported win of the
said George H.. Decker has been found af-
ter his death that it was recited in the
said petition for letters Of administration
that the said George H. Decker died inte-
state, and it was so ad1udged and deereed
by the said Court in the said order ap-
pointing defendant Mary Gavigan admin
istratrix as aforesaid that the said George
H. Decker died intestate, and left suryiy-
ing him as next of kin only the defendant
Helen Decker Chapman, the daughter OF
Louis G. Decker; a deceased brother Of
the said George II. Decker; that the said
defendant Helen Decker Chapman Is the
only living next of kin and heir at law
Of said George II. Decker, deceased, and
would, except for the facts hereinafter al
legged, be entitled to and would inherit
all of the estate of said George II. Decker,
deceased.
That during the last several years of
his life the said George II. Decker was an
intimate friend of plaintiffs husband, H.
J. Fennimore, and that during all of the
said period the said II. ]. Fennimore help
ed the said George II. Decker in looking
after his affairs and continually advised
him in respect thereto, and that the said
H. J.. FennimOre never asked for nor re-
ceived any compensation for such serv-
ices; that on or about the Doth day of
June, 1927, the said George II. Decker en-
tered into an agreement with the said II.
J. Fenimore whereby the said H. ]. Fenni-
more agreed to continue to be the close
friend and adviser of the said George Fl.
Decker during the natural life of the ct
ter and to continue and maintain the said
condition of mutual confidence and friend
ship during the said period, and to take
care Of the said George H. Decker during
the balance of the ~latter's said life in the
event he, the said George H.. Decker
should become physically incapable of
taking care of himself; that in considera-
ton Of the said agreement of the said
II. j. FennimOre, the said George H.. Deck
er agreed to make plaintiff the sole bene-
ficiary of any estate he, the said George
H.. Decker, might have at the time Of his
death.
That the said H. j. Fennimore eontin-
ued to be the close friend and adviser OF
the said George H. Decker and maintained
and continued the said relation of mu.
tual confidence and friendship during the
balance of the lifetime Of said George II
Decker, but that the said George H.. Deck
er never became physically incapable Of
taking care Of himself, and that it, there
fore, never became necessary for the sale
II. ]. FennimOre to take care of him tina
at all times from and after the said 29tl
day Of June, 1927, up to the time Of thu
death of the said George H. Decker, hl
and the said H.. j. FennimOre were clOsl
and intimate friends, and that the sale
II. J.. Fennimore helped him and advised
him In his various transactions and al
fairs, and expended much time and WOrl
in the said matters, and in all respects thu
said II. j. Fennimore carried out and full
performed the said agreement.
That in violation Of the said agreement
the said George II. Decker failed to leav'
at the time of his death a will whereby h
devised and bequeathed to the plaintiff an,
and all property of which he was thel
possessed.
adequate remedy at law in the premises
or for the performance or fulfillment o
the said contract for the protection Of he
said rights In the assets Of the estate o
the said George II. Decker, deceased.
That any interest which said Heller
Decker Chapman has or claims to have II
said estate of George II. Decker, deceased
Is only as the next of kin of the SAT-
because Of the facts herein alleged tn
rights of the defendants, and each of them
In and to the property and assets of tn
said estate are only as trustees for and fl
trust for this plaintiff.
WHEREFORE, plaintiff prays judg
ment:
That this Court by its decree speclfical
ly enforce the contract hereinbefore re
ferred to and decree plaintiff entitled I
the entire residue and assets Of the estat
of George H.. Decker, deceasd, upon tn
distribution thereof.
That the defendants, and each of then
be declared to be trustees for plaintiff t
the extent of all the property, assets an
residue of the estate Of said George +
Decker, deceased, and that the same b
declared held subject to the claim of an
in trust for this plaintiff.
That the Court by its decree find, et
tablish, adjudge and decree plaintiff
right to the entire assets, property an
residue of the estate Of George H. Decl
er, deceased, under and in accordance wit
the contract and agreement entered Int
as alleged in this complaint, and that I'll
said contract when so established be Ell
forced against the said estate and the d.
PENDANTS herein, and that upon the di.
tribution of the said estate plaintiff be &C
judged and decreed to be entitled to Il
entire residue thereof.
For such other and further relief as
the Court may seem equitable and Jul
in the premises
WITNESS my hand and the seal Of th
Court this Goth day Of March, 1884.
District Court Seal)
f. p. KELLY, Clerk.
; By p. II. SULLIVAN, Deputy Clerk.
HOWARD A. JOHNSON,
: Attorney for Plaintiff.
First publication March %. 1934-4t.
SHERIFF'S SALE
, p. S. Callan, Plaintiff, VS.. LYDIA Lindquis
! 10 Be Sold at sherlff's Sale on the ii
day of April A. D., 1884, at 2 o'clock
' NJ, at the front door of the Court H0us
city Of Butte, County Of Silver Bow, Sta
of Montana, the following described re
property, to-wit:
: ten C0) and eleven (11) in block humble
ed seventeen (17) of Leggat and Foster A
dition to Butte, Montana, according to {
. official survey and plat of said additi'