Montana labor news., 1934-10-18


Helen Decker Chapman and Mary
Cavigan, administrator of the
Estate OF George IL. Decker,
Deceased, Defendants.
The State of Montana {. the Above Named
Defendants, Greeting:
You are hereby summoned to answer the
complaint in this action which is filed in
the office Of the Clerk of this Court, a
copy of which is herewith served upon you,
and to file your answer and serve a copy
thereof upon the plaintiffs attorney within
twenty days after the service OF this sum
mons, exclusive OF the day Of SERVICE and
in case OF your failure to appear or answer,
judgment will be taken against you by de
fault for the relief demanded in the com
plant.
The nature Of the action as alleged in
plaintiffs complaint is as follows;
That George II. Decker died at Butte,
Silver Bow County, Montana, on or about
the 30th day OF September, 1882, leaving
son, daughter, brother, sister, or next of
kin, save as hereinafter alleged, and died
possessed OF both real and personal pro-
perry, all OF which was and is situated in
Silver Bow County, Montana, with the ex-
ception of a certain oil royalty interests;
that the said property was and is of the
value Of approximately SZZ,OOO.OO, and that
at the time of his death the said George H..
Decker was a resident of the said County
Of Silver Bow and State Of Montana.
That on the 4th day of October, 1882,
there was filed in the office of the Clerk
of the District Court of the Second Judicial
District of the State of Montana in and
for the County of Silver Bow a petition for
letters Of administration of the estate of
George H. Decker, deceased, and thereafter
such proceedings were had that by an order
made on the 18th day of October, 1882,
the above named Mary Gavigan was duly
appointed Administrative of the said estate
of George H. Decker, deceased, and there
after on the 10Th day Of October, 1882,
duly qualified by giving bond and taking
the oath required by law, and the said Mary
Gavigan is now the duly appointed, quail
fled and acting administrative of the estate
of George II. Decker, deceased.
That no will or purported will of the said
George H. Decker has been found after his
death; that it was recited in the said petit
ton for letters Of administration that the
said George II. Decker died intestate, and
IL was so adjudged and decreed by the said
Court in the said order appointing defendant
Mary Gavigan administrative, as aforesaid;
that the said George II. Decker died intest-
ate, and left surviving him as next OF kin
only the defendant Helen Decker Chapman,
the daughter of Louis C. 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
alleged, be entitled to and would inherit all
OF the estate of said George H.. Decker, de-
ceased.
That for several years prior to June %,
1927, the said George H. Decker was an
intimate friend of plaintiffs husband, II. J.
Fennimore, and that during all of the said
period the said II. ]. Fennimore helped the
said George H.. Decker in looking after his
affairs and continually advised him in re-
spect thereto, and that the said II. ]. Fen
nimore never asked for nor received any
compensation for such services; that on or
about the 18th day OF June, l9LI, the said
George II. Decker signed and delivered 10
the said H.. J. Fennimore a document in
words and figures as follows, to-wit
Butte, Montana,
June %, 1921
To II. ]. Fennimore,
Butte, Montana.
Il am quite certain that have no living
near relatives, ] perhaps have some distant
ones of whom have never heard but if so,
mean nothing to them and they mean
nothing to me. You have been my close
friend and adviser in the past and have
never charged me anything nor permitted
me to give you anything for your services.
want this condition Of mutual confidence
and friendship to be continued and if it is
continued and you will take care of me
should ] become physically incapable of
taking care Of myself, l promise in return
to make you or your wife or your children,
whichever you prefer, the sole beneficiary
Of any estate | may have at the time of
my death.
MAAA kEA NEA AAR AtAA NAAAAE ~
time of the various things and happenings
affecting my affairs so that my latest
wishes can be carried out without having
GEO. H. DECKER"
That the said II. ]. Fennimore then and
there accepted the same and assented there
to and orally agreed to be bound by and
to conform to the terms of the said docu-
ment, and to perform the same and then
and there orally agreed to continue to be
Al NHH 6 Al III
George H. Decker during the natural life
Of the latter and to continue and maintain
the said condition of mutual confidence and
friendship during the said period, and to
take care of the said George Fl. Decker dur
ing the balance of the latter's said life in
the event he, the said George II. Decker,
should become physically incapable of tax
ing care of himself; that the said II. j.
Fennimore then and there designated plain
tiff as the person to be named as sole bene-
ficiary in the said will to be executed by
the said George II. Decker, and then and
there entered upon the performance Of said
contract and gave oral notice thereof to the
said George II. Decker.
That in performance of the said contract
the said Fl. J. Fennimore continued to be
the close friend and adviser Of the said
George II. Decker and maintained and con-
tinued the said relation of mutual conf
dence and friendship during the balance, OF
the lifetime of said George H.. Decker, but
that the said George H. Decker never be-
came physically incapable of taking care OF
himself, and that it, therefore, never be-
came necessary for the said II. j. Fennimore
to take care of him; that at all times from
and after the said 10Th day Of June, 1927,
up to the time of the death of the said
George H.. Decker, he and the said II. J..
Fennimore we're close and intimate friends,
and that the said H. F%ennimore contin-
ually helped him and advised him in his
various transactions and affairs, and in his
business and personal relations, and expend-
ed much time and work in the said matters,
and kept his time and services at the dis
posal Of said George II. Decker and com
piled with all his requests; and in all re-
spects the said II. ] Fennimore carried out
and fully performed the said agreement,
and performed all acts required Of him by
and under the said agreement, up to the
time OF the death of said George II. Decker.
That thereafter, on or about the twelfth
day Of July, 1928, the said George H.. Dec
ker, in accordance with the said agreement,
duly made and executed a will and tesla
ment by which he made plaintiff his sole
devisee, legatee and beneficiary; but that
in violation Of the said agreement, the said
George H.. Decker failed to leave such will
at the time of his death.
That plaintiff has no plain, speedy or adj
equate remedy at law in the premises, or
for the performance or fulfillment of the
said contract for the protection Of her said
rights in the assets Of the estate Of the
said George H. Decker. deceased.
AndN any interest VIII ouAA AANAIAA DNN
ker 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 because
of the facts alleged in the complaint the
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 judgment:
That this Court by its decree specifically
enforce the contract hereinbefore referred
to and decree plaintiff entitled to the entire
residue and assets of the estate of George
H.. Decker, deceased, 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. Dec
ker, deceased, and that the same be de-
clared held subject to the claim of and in
trust for this plaintiff.
That the Court by its decree find, estab-
III II H.. IL a.