Montana labor news., 1934-04-12

DS &c. Galena st. Nj. Il. NldelcneI1
NJ. o'Keefe, Owner (ColieRel
VIM. Prlain .-..--.-.....-..659 Maryland Ave.
U. Barznt -.-.----~~.~~l N. Arizona 81.
Ed. Lazzari ..~....--........-.10 N. Arizona st.
Joe Hobba Utah Ave.
Earl Farrar .......-...~-~....3f7 South Main st.
Fair Barber Shop -...-....aSouth Arizona st.
UNFAIR BEAUTY SHOPS AND SCHOOLS
1873 Garrison Ave.-Mrs. r.. r. Barrett.
1865 Garrison Ave.-Mrs. Chas. ]. Duffy.
206 w. Second St.-Mabel Mcdonald.
Edison Permanent Wave Shop, in Metals
Bank Bldg.
McCarrolls-7 e. Granite st.
Lewis Beauty SchOol-Owsley Bldg.
Mary %Levengood, Mary O'Herin Beauty
Shop, Phoenix Block
lone Craver, Marie Crayer Beauty Shop,
Phoenix Block
Viola F0rman BLOCK
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 serv-
ice of this summons, exclusive Of the day
of service; and in case Of your failure to
appear or answer, judgment will 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, Sill
yer Bow County, Montana, on or about
the Both day of September, 1882, leaving
surviving him neither father, mother, wife,
son, daughter, brother, sister, or next of
kin, save as hereinafter alleged, and died
possessed of both real and personal prop
erty, all of which was and is situated in
Silver Bow County, Montana, with. the ex-
ception of q certain oil royalty interest !:
that the said property was and is of the
value of approximately $22, 100000, and that
at the time of his death the said George
II. Decker was a resident OF the SAID
County of Silver Bow and State of Mon
That on the 18th day of October, 1892,
there was filed in the office of the Clerk
of the District Court Of the Second Ju-
dicial 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 entitled Court
duly given and made on the 18th day of
October, 1882, the above named Mary Cav
igan was duly appointed ADMINISTRATIVE
of the said estate of George II. Decker,
deceased, and thereafter on the 18th 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, qualified and acting ad-
ministratrix of the estate of George III.
That no will or purported viii of the
said George II. Decker has been found af-
ter his death; that 1t was recited in the
said petition for letters of administration
| that the said George II. Decker died inte-
state, and it was so adjudged and decreed
by the said Court in the said order ap-
pointing defendant Mary Gay1gan admin
istratrix as aforesaid: that the said George
II. Decker died intestate, and left surviy-
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 Fl. Decker: that the said
| anfandauf Ha1an npqkpr Chairman Ia fhf
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 H. Decker
deceased.
That during the last several years OF
his life the said George II. Decker was al
intimate friend of plaintiffs husband, IL
j. Fennimore, and that during all of th'
said period the said III. j. Fennimore help
ed the said George H. Decker in looking
after his affairs and continually advised
him in respect thereto, and that the saiC
ceived any compensation for such serv
ices; that on or about the 10Th day o
June, 1927, the said George H. Decker en-
tered into an agreement with the said ii
J. Fenimore whereby the said H. J. Fenni
more agreed to continue to be the clos
friend and adviser of the said George
Decker during the natural life of the lat
ter and to continue and maintain the SAT-
I AOiAttAlVh VI btAh
ship during the said period, and to tax
care of the said George Fl. Decker durini
the balance Of the ~latter's said life In tn
event he, the said George II. Decker
should become physically incapable o
taking care of himself; that in considera
ton of the said agreement Of the sal
II. J. Fennimore, the said George H. Deck
err agreed to make plaintiff the sole bent
ficiary of any estate he, the said Georg
H. Decker, might have at the time OF hi
death.
That the said H. ]. Fennimore contin
ued to be the close friend and adviser Q
the said George II. Decker and maintaine
and continued the said relation of mu
tual confidence and friendship during th
balance of the lifetime of said George I
Decker, but that the said George IL. DecB
er never became physically incapable {
= taking care of himself, and that ii, there
! fore, never became necessary for the sal
} II. ]. Fennimore to take care of him tha
at all times from and after the said 29t
day of June, 1927, up to the time OF I'll
death of the said George II. Decker, b
and the said II. j. Fennimore were clot
I and intimate friends, and that the sal
: H.. j. Fennimore helped him and advise
him In his various transactions and al
fairs, and expended much time and wor
: In the said matters, and in all respects q
Z. said II. j. Fennimore carried out and full
r performed the said agreement.
That in violation of the said agreemen
the said George H.. Decker failed to leaN
at the time of his death a viii whereby !
devised and bequeathed to the plaintiff al
> and all property of which he was the
. possessed.
Y That plaintiff has no plain, speedy
adequate remedy at law in the premise
or for the performance or fulfillment
the said contract for the protection of h
said rights in the assets of the estate
the said George H. Decker, deceased.
That any interest which said Hell
Decker Chapman has or claims to have
+ said estate of George II. Decker, decease
is only as the next of kin of the sa
George II. Decker and not otherwise, al
because of the facts herein alleged {
rights of the defendants, and each of the
In and to the property and assets Of {
a said estate are only as trustees for and
!" trust for this plaintiff.
81 WHEREFORE, plaintiff prays jud
ment:
u That this Court by It's decree specific,
"a ly enforce the contract herelnbefore I
ferred to and decree plaintiff entitled
the entire residue and assets of the esta
= of George H. Decker, deceasd, upon {
distribution thereof.
That the defendants, and each of the
be declared to be trustees for plaintiff
the extent of all the property, assets a
residue of the estate of said George
Decker, deceased, and that the same
declared held subject to the claim of a
A. In trust for this plaintiff.
in That the Court by Its decree find,
tablish, adjudge and decree plaintiff
right to the entire assets, property n
d. residue of the estate of George ii. Dec
err, deceased, under and in accordance W
the contract and agreement entered IL
ed as alleged In this complaint, and that
said contract when so established be