Evening journal., 1896-10-22
THE ROMANCE OF A WILL
Search For a Legacy Left by
Rosa v. Burns.
ADMINISTRATOR FOUND AT LAST.

He Disappeared From Topeka Many
Years Ago and Is Now Rich In Rio
Janeiro - The Burns-De- e-NIartin-Nvood-
hulI-clahin Story Revived.
NEW YORK, Oct 2g.-The Burns Do
Martin Woodruff Clanin story is likely to
be revived. The contest over the will OF
Rosa v. Burns was one of its features.
Waldorf II. Phillips says there is a sequel
10 1t. He is counsel to Fernando de Fran
cisco Martin, a wealthy and respected
Spaniard, resident here. who was legatee
undor the will of Rosa V. Burns.
Rosa Burns never enjoyed the property
she willed to Mr.. dc Martin. The admin
istrator Of the estate which was at Tope-
ka disappeared without, it is said, max
ing full accounting The estate was
worth about $40 600, and of that sum
l2O, 600 or s25, 600, so Mr. Phillips states,
has yet TO be accounted for.
David A. Horne, the administrator, dis
appeared from Topeka several years ago
and recently was accidentally located in
Rio Janeiro
"Our information is" said Mr. Phil
lips, THAT he is now wealthy. My client,
Mr.. de Martin, wants the rest Of the es-
tate that was wiled to him, and which he
has reason to believe MIR. Horne possesses.
Negotiations have been opened with Mr..
Horne, and, unless he sees fit to do what
we consider right in the case, means will
be taken to have him brought to the Unit
cd States. !"
The story Of tho will and estate is this:
Rosa's mother was a sister Of Victoria
Woodruff and Tennie G. Clanin. She
married Ross Burns in 1850 in Mount
Gilead, o., and in 1859 he deserted her.
She was told no had been killed by In
dians.
She was married to Beniaimn f. Spar,
carpenter and doctor, in 1860. Rosa was
her fourth child by her first husband. DR..
Sparr died suddenly in Frenoh's hotel, in
Park row, in 1871. Mrs. Sparr declared
he had been murdered and robbed of S5,-
0Oc. This she was unable to prove
Rosa was exceedingly pretty. She was
married at the age of 15 in 1878, to
Charles Farlan, who had another wife.
He quickly abandoned Rosa. Mr.. do Mar
tin had become acquainted with the
Woodruff Clahin-Sparr sisters and met
Rosa, who told him of her poverty and
distress. He assisted her in various ways
I and finally she became the companion and
! adopted sister of his stepdaughter, Rosa
lima, and the three lived for several years
at 313 East Fourteenth street Rosa
adopted the name of De Francisco Martin,
and was looked upon by the outside world
as Mr.. de Martins niece
Leader In the Spanish Colony.
Mr. de Martin was for ten years seore-
tary to the Spanish legation and was
chancellor to the consul general of spain
for long time He was a leader in the
Spanish colony, where hu introduced
Rosalina and Rosa, the latter as his niece.
Ross Burns for many years was counsel
for the Topeka. Atohison and Santa fe
railroad. He had drifted from Ohio to
Topeka, speoulated successfully and died
on Jan. "a, 1882 leaving considera bic
property After he left his wife he became
acquainted with Miss Horne and mar
ried her under the impression that his
first wife was dead.
Mr.. dc Martin told Rosa one day that
she should try TO hunt up her father
With his assistance she located him in To
peka. Her father begged her not to make
the matter public, OF he would be ruined
and she returned to this city without ex-
posing him.
'Ross Burns died intestate, said Mr.
Phillips, "and David O. Horne, brother
of his widow, was appointed administrator
of the estate. 1t was said Burns had OBJ
tained a divorce in Chicago from his first
wife and that the records had been do
stroyod there in the great FIRE Of 1871.
Burns real estate was sold to various per
sons. They had no title, but we made
settlement with them. After a long and
painful illness Rosa died and willed thu
property which descended to her from he
father to Mr.. de Martin. She spoke o.
Mr. de Martin as her dear friend an'
more than father. The will was contest
cd by Mrs. Spar and resulted in a decision
in Mr.. de Martins favor.
when 1 was in Topeka, after the ad
ministrator's disappearance. found man
important papers missing from tho cour
records. Burns personal property amount
ed to $50, 600 OF S25, 000 We traced Horn
for awhile, but lost him in Lower Califoi
MIA. A friend Of mine happened to be 4
Rio Janeiro not long ago and to his SUI
prise discovered Horne there wealth
and respected citizen, who had prospere
through real estate transactions.
Mr. de Martin is now so years ole
When Rosa died, her mother brought
charge against Mr.. do Martin, allegin
that he was responsible for her daughter
death, but the charge was triumphant
refuted. "