El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-07-14
Temporary Executor Appointed.

Argument in the Jim Burns will
case was heard before Judge Harper
yesterday afternoon. The judge split
the difference, revoked his first ap-
pointment of Patterson, didn't appoint
Mr.. Taylor, but appointed A. +. Coles
as temporary administrator.
J. j. Taylor had objected to the pre-,
vious appointment of Patterson and
employed an attorney, w. M. Coldwell,
TO 90 before the court and state why
he objected 20 the appointment of Pat
tersOn. Following are the allegations
contained in the petition presented to
the court by Mr.. Taylor.
The petitioner alleges that on De-
cember 16, 1896, the aforesaid James
Burns, deceased, made his will and
testament, which said will was drawn
up by Chas. B. Patterson, or by the
Jaw partner of the said Patterson,
George e. Wallace: that said will was
witnessed by Patterson q Wallace:
that by said will Burns bequeathed all
of his property, after the payment OF
his debts, to his half brother, David
Lamb: that said will appointed petit
TONER ]. J. Taylor sole administrator
without bond: that before leaving FL
Paso in April, 1898, Burns placed his
business interests in the hands OF petit
TONER, and desired him to manage MS
property In Ell Psso during his (Burns')
ABSENCE, which the petitioner consent
ed to do; that at The same time Burns
placed his will in petitioners hands
md told him he wanted his property
o 90 to David Lamb and his family in
ase of his (Burnso death; that since
Burns death petitioner has had charge
of his property
The petitioner, J. J. Taylor, further
alleges that on the day OF the oeatn OF
James Burns in Los Angeles, petition
,r was shown a copy of will purport-
ng to have been made by Burns on July
I, 1897, and bequeathing all OF his prop
srty to Chas. B. Patterson, except SZVo
TO said David Lamb. That said pur-
ported will named petitioner as admin
.strator without bond that it was sign
d Burns, with his mark only and that
it was witnessed by G. E. Wallace and
W. K. VanPatten, intimates and friends
of the said Patterson. The same day,
alleges. petitioner, M. w. Stanton, act
ing for Patterson, asked petitioner to
probate the said will of July "a, 1897,
to accept the executorship hereunder
and in the meantime, to apply Tor the
temporary misunderstanding OF the
estate of Burns; that petitioner asked
for time to consider the matter, and
that without seeing him again g. b.
Patterson on July 18th applied for and
was appointed temporary admlnistra,
tor and executor. Petitioner believed
that it would be unfair, to appoint one
of the parties to the contest admins
traitor. Therefore, he asked that the
appointment of Patterson be revoked
and PRAYED that petitioner be appoint
ed temporary administrator. -,
Attorney Cold well exhibits the vii!
which Burns had left in possession OF
Mr.. Taylor and said the will named
Taylor as executor of the estate. Judge
the wishes of the dead and follow his
wishes in the matter. He urged MIR:
Taylor's appointment and Introduced
Alderman Clifford's affidavit that the
deceased told him last fall that he in
ended that his half brother, Daniel
Lamb, should have his property When
Burns died. ftsrE
: The other side introduced Judge
Falvey to the court as being the one
who was at the time OF Burns's death
in possession of the will which Patter-
Burns made. Judge Falvey stated to
the court that it was likely that Mr.
Taylor had in his possession two wills
and that one of these wills had been
made in favor of woman who
resides in the tenderlOin dis
trict. He stated that the last
will made by the said Burns was
in favor of Charles Patterson, but
that he didn't know of this until the
death of Burns. On the day.the news
arrived, as was first published in the
Patterson came to his office
and asked him if he didn't have the
will of Burns in his safe. He told
Patterson that some time back Geo.
Wallace had placed in his possession
some papers that belonged to Burns.
and he went to the safe and got the
papers out. On looking through them
he came to large envelope which
contained some memoranda which had
been made there by w. 81. Austin as
to the dates. the bank had received the
papers for safe keeping, and on open
ing this envelope 1t was found to
contain another smaller one
which had written on the outside
''Tne last will of James Burns"