Omaha daily bee., 1896-05-03
CHECKS CRAPO'S CAPERS
Burnham Heirs Object to His Reappoint-
ment as Guardian.
PECULIAR LETTER OF THE PETITIONER
Heirs Designate Elmer Il. Thomas as
Their ChOicc-TanElc Results
from CrapO's Former Short
Stewardship.
PECULIAR LETTER OF THE PETITIoNE

An application for the appointment Of a
guardian ad litem has been filed in the
county court by the minor heirs of the late
Leavitt j. Burnham, and thereby hangs a
tale.
The will Of Mr.. Burnham was filed for
probate about a month ago and within a
very few days Philip A. Crapo was appointed
guardian ad litem for the minor heirs, of
which there are three, the oldest being
nearly as cid as the guardian" and the
other two being but little younger. The will
bore date about 1870 soon after the mar
riage of the maker, and before any children
had been born. BY the provisions Of
the will all of the property of
the testator was left to the wife. and,
at her death, to the children, If there were
any The entire family was in California
at the time the will was filed and all of the
parties Immediately concerned are still there,
being represented in this city by the at
torney who had charge of MIR. Burnham's
bue.ress during his lifetime. The guardian
ad litem at once commenced all the legal pro-
ceedngs he could think Of. He filed a long
and startling petition, asking that the Will
be set aside, alleging that undue influence
had been used in cutting off the children and
alleging that they were the unwilling victims
of deep laid plot to deprive them Of their
share of their fathers estate
Almost simultaneous with the filing of the
will a deed was filed in the office Of the
register of deeds. transferring all of Burn
hams property to DR.. W. o. Bridges, and the
next day another deed was filed transfer
ring the same property to Mrs. Burnham,
the consideration in both cases being the
same, and the deeds both bearing date sew
eral years back. The guardian ad litem at
once fled notices of lis pendens against
both transfers, thereby giving notice that
he intended, as guardian of the minor heirs,
to commence suit to set aside the transfers.
About this time the county judge dscov-
cred that the guardian had put his foot
in it and the young man was called in and
Informed in vigorous manner that the
county court could not give anybody author
ity to file a notice of lis pendens and that
he had exceeded his authority. The guardian
of lis pendens by filing a notice that it was
withdrawn, thus further compicat.ng mat
ters. Within a few days his appointment as
guardian ad litem was withdrawn, although
that fact was studlousy concealed. Ii leaked
out though, Crapo boasting that he was to
be reappointed when the matter was again
taken up. This boast came 10 the ears of
the attorney for the Burnham estate and he
fled an application for the appointment OF
Elmer 2. Thomas as guardian ad lltem. At
tacEed to this application was letter which
Crapo had written to the Burnham children
most fearfully aud wonderfully constructed
document which was ever filed in any court
1t was full Of grammatical errors, was so
ambiguous as to be more uninte.ligible than
Choctaw, and was 80 full OF repetticrs and
doubles as TO render its translation a
matter Of absolute impossiblity.
The letter was sent to the attorney OF
the estate in this city by Judge Groff, form
ely OF this city, who represents Mrs Burn
ham. In slluding to the letter Of Crapo,
Judge Groff says This letter Of itself is
sufficient evidence against the appointment
Of this man as guardian for anybody"
In speaking OF the matter yesterday morn
ing the attorney for the estate said that the
appointment Of Crapo in the first place was
Illegal II having been made before notice
Of any appointment was served on Mrs
Burnham. Moreover" said he, this man
Crapo is entirely ignorant OF the circum-
stances OF the Burnham family and seems
to have proceeded on the theory that he
must raise the very devil in order to make
believe he was doing something. / can
imagine no reason why ne was selected for
the position unless 1t was because
he is a member Of the republican state
central committee. He has given 1t out