ALLPORT WILL CASE.
HOW THE WILL WITHDRAWN AS A FORGERY.
And Thus a Dexter Woman Becomes an Heir to the Large Property of a Bachelor Brother.
The Boulder (Montana) Age, just received here, contains an account of the trial in the John D. Allport will case which will make Mrs. C. W. Miller, of Dexter, a wealthy woman. As has been told in the Argus, Allport who lived in this county when a boy, had become immensely rich, his property running into the millions. He had not kept in close touch with his family. Mrs. Miller was a younger sister. The Montana case is thus stated by the Boulder Age:
The property left by John D. Allport, the well known old timer who died in 1895, has been the subject of much litigation. Soon after his death Mr. and Mrs. Geo. H. Kelley came to Boulder from Denver, Colo., she claiming to be the sole heir of deceased. She obtained letters of administration under such statement and was settling up the estate when there was an effort on the part of Butte parties with eastern connection to obtain title to the Minnie Healy mine in Butte by means of forged deeds. In this plot in connection with the Butte parties
appeared one Fegen-Bush, kuown ainong crooks throughout the U. S. and by the detectives as "Moukey Charley," one of tl e most notorious and clever swindlers in the country. Mrs. Kelley having ,the Allport estáte in charge at that time, had to fight that scheine through ber attorneys and the alïair finally shown op and tbe deeds conveying the property from Allport to one Brand and from him to Fegen-Bush were shown to be forgeries and declared invalid. But through the publicity tbus gained i.i the newspapers other heirs of Allpjrt learned of his death and tbe property be left and at ouce made inqniries. They began proceedings to oust Mrs. Kelley, and in fact she was tried for false representations iu the matter but was acquitted on the stat - ment that she thougbt the eastern rèlatives dead. Then caine the will in a very ronnd-about way, the document leaviug flie property to her and appointiug her as executor without bouds. Under this shewas grauted letfrs, but the other heirs attaoked the will as a forgery. It was tried first a bout a year ago, each side makiug a casesuffleiently good so that the jnry was in doubt and were unable to agree. It was set for another trial and with eminent legal tuleut on both sides great preparatious were made. The will in question was receivert from California and was said to have been iu the possession of a man who was to have delivered it to Mrs. Kelley. At the trial, as detailed in the Age, it was'clearly shown that Allport was not in the place where the will was purported to be made at the time it was said to have been made, but had hired livery horses on that day at Basin to ride into the hills to look after miniug claims. Experts showed that tho signature was a foigery aud written by the same had as had written :he will. At the conclusión of the ex}ert's testimony a novel scène was enacted and the Age says: At tbe conclasion of Polman 's testirnony it was plainly seen that the proponants were weakened, and at the beginning of the af teruoon session instead of trying to cross-questiou him and break down his testimony Mr. Wines rose and with some emotion stated that he had acted as attorney with the bist of motives and in good faith for the proponants and had believed the will to be genuine, but he was now convinced that the will offered migbt be a forgery, and he asked leave to introduce a motion to withilraw the will and the application of Mrs. Kelley as executor under it. This was a sudden and dramatic ending of a case that had been fought point by point up to that time and carne as a surprise to the court, to opposing counsel and to the large audience in attendance. Mr. Cowau made a talk of like nature and the famous Allport will case was at au end.