Montana labor news., 1934-03-29

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, and
thereafter such proceedings were had that
by an order of the above entitld Court
duly, given and made on the 18th day of
October, 1882, the above named Mary Cav
lgan was duly appointed Administrative
OF the said estate of George II. Decker,
deceased, and thereafter on the 10Th day
Of October, 1882, duly qualified by giving
Dond and taking the oath required by law,
and the said Mary Gaylgan is now the
duly appointed, qualified and acting ad-
Decker, deceased.
That no win or purported will of the
said George II. Decker has been found af-
ter his death that 1t was reeited in the
said petition for letters of administration
that the said George H.. Decker died inte-
state, and it was so adjudged and decreed
by the said Court In the said order APP
pointing defendant Mary Gavlgan admin |
~istratrix as aforesaid that the said George
ii. Decker died interstate, and left surviv-
ing MIN 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 H.. 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 Fl. Decker was an
intimate friend Of plaintiffs husband, II.
J. Fennimore, and that during all of the
said period the said III. j. Fennim0re help
ed the said George II. Decker in looking
after his affairs and continually advised
him in rnSDprt fHprQfO. and that the said
II. j. FennimOfe never asked for nor re-
eeived any compensation for such serv-
ices; that on or about the 10Th day of
June, 1927, the said George II. Decker en-
tered into an agreement with the said II.
]. Fenlmore whereby the said IL. j. Fenni-
more agreed to continue to be the close
friend and adviser Of the said George IL.
Decker during the natural life of the lat
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 III. Decker during
the balance Of the latter's said life In the
event he, the said George II. Decker,
should become physically incapable of
taking care of himself; that in considera-
ton of the said agreement of the said
H.. J. Fennimore, the said George II. Deck
er agreed to make plaintiff the sole bene-
ficiary of any estate he, the said George
II. Decker, might have at the time Of his
death.
That the said H. J.. Fennimore contin-
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 1t, there
fore, never became necessary for the said
II. J. Fennimore to take care Of him that
at all times from and after the said 18th
day Of June, 1927, up to the time Of the
death Of the said George H. Decker, he
and the said II. j. Fennim0re were close
and Intimate friends, and that the said
III. j. Fennimore helped him and advised
him In his various transactions and af-
fairs, and expended much time and work
In the said matters, and in all respects the
said H.. j. Fennimore carried out and fully
performed the said agreement.
That in violation of the said agreement,
the said George H.. Decker failed to leave
at the time of his death a will whereby he
devised and bequeathed to the plaintiff any
and all property Of which he was then
possessed.
That plaintiff has no plain, speedy or
adequate remedy at law in the premises,
or for the performance or fulflllment Of
the said contract for the protection of her
said rights in the assets of the estate Of
the said George H.. Decker, deceased.
That any interest which said Helen
Decker Chapman has or claims to have in
said estate of George II. Decker, deceased,
is only as the next of kin Of the said
George II. Decker and not otherwise, and
Il DctduhG VI lnt ltNtb utLtlu tlltEtu TIT
rights of the defendants, and each of them,
in and to the property and assets of the
said estate are only as trustees for and in
trust for this plaintiff.
WHEREFORE, plaintiff prays judg-
ment.
That this Court by its decree specifieal-
ly enforce the contract hereinbef0re re-
| ferred to and decree plaintiff entitled to
| the entire residue and assets Of the estate
| of George H. Decker, deceasd, upon the
distribution thereof.
That the defendants, and each of them,
| be declared to be trustees for plaintiff to
| the extent of all the property, assets and
residue of the estate of said George II.
/ Decker, deceased, and that the same be
| declared held subject to the claim of and
In trust for this plaintiff.
That the Court by its decree find, es-
| tablish, adJudge and decree PLAINTIFFS
| right to the entire assets, property and
| residue of the estate of George H.. Deck
| er, deceased, under and In accordance with
the contract and agreement entered into
a. alleged in this complaint, and that the
said contract when so established be en-
forced against the said estate and the de-
PENDANTS herein, and that upon the dis
tributi0n of the said estate plaintiff be adj
judged and decreed to be entitled to the
| entire residue thereof.
For such other and further relief as to
the Court may seem equitable and just
In the premises.
WITNESS my hand and the seal Of this
Court this goth day Of March, 1894.
District Court SeaD
#. 7. KELLY, Clerk.
By p. H. SULLIVAN, Deputy Clerk.
HOWARD A. JOHNSON,
Attorney for Plaintiff.
First publication March %, 1034-4t.
Earle N. Genzberger, Atty.
No. 1886
ORDER TO SHOW CAUSE WHY ORDER