The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-08-22
ASKS FOR DIVISION
OF BURNES ESTAT f.
Mrs. Mary B. Moore and Husband
of Kansas City Demand
an Accounting.

REPUBLIC SPECIAL
St Joseph. No.. Aug :1.-A- -lawDuit which
has for its purpose division Of the .Burnes
estate. one of the largest in the West. and
valued at about $lo0co.oOO. was filed in the
Circuit Court here to-day by Mary B.
Moore and her husband. General Milton
Moore of Kansas City. The court IS also
asked to dissolve the corporation known as
the Burnes Estate. because 1t Is alleged that
the provisions Of the will OF Daniel D.
Burnes have not been compiled with.
The defendants in the suit are Lewis c.
Burnes. president Of the National Bank of
st. Joseph: James n. Burnes. Jr.. Emma B.
winningham, Virginia D. Burnes. Katie B.
Catch. Elias Catch. Kate H. Burnes. Mary
v. Burres and the Burnes estate.
The will. which forms the basis Of the
suit. was that of Daniel d. Burnes, who
died in Platte County in 1861. in which he
devised to his brothers. James n. and CAL
vim F.. all his property to be held and dis
posed OF as their own. 1t was conditioned
that they adopt and care for his six chill
dren. James N. Burnes. Mary. Emma, Katie.
Lewis and Virginia. 1t IL stated that deed
OF adoption making the six children heirs
as provided was filed May n. 1851. and that
this deed contained limitations and re-
strictions. which are null and void because
OF conflict with the terms Of the will.
Corporation of Estate Formed.
James n. Burnes. who was CongreasmAn
from this district two terms. died in 18SA
and Calvin F. Burnes died in 1896, intestate.
leaving widow and one child. Kate H.,
and Mary B. Burnes A corporation known
as the Burnes Estate was formed soon after
the death Of James N. Burnes. the capital
stock of which consisted of 1000 shares Of
the value Of 500 each. Calvin Burnes IN al
legged to have held 35 shares Of this stock.
II is stated in the petition that the property
q v1afa Rx-.I IN a,
worth 81 $l.20o.0oo. and when Calvin Burnes
cied It was worth &, 900 900, and its present
value Is A.0oo.O0o
Claims One-Seventh Interest.
The plaintiff. Mrs. Moore. alleges that she
II entitled to q one-seventh interest in the
SIS shares Of stock. and that she has never
received anything. She charges that no one
knows the exact value Of the stock. except
Lewis c. Burnes. who has been in entire
control and possession of the books and pa
pers of the corpora tion since the death of
Calvin Burnes.
The petition charges Lewis Burnes with
being the whole corporation and that he
will impart no information concerning the
business Of the corporation to any Of the
stockholders.
1t Il charged no dividends have ever been
declared. except the widow and daughter Of
the late Calvin Burnes have been paid 81
600 a month for the last five years. 1t is
further charged that the widow and child of
Calvin Burnes have assigned their stock to
Lewis c. Burnes. and that he has never
paid for same.
Demands an AccOunting.
The court is asked to decree to Mary B.
Moore her one-seventh interest In the 315
shares. to appoint a receiver to take an ac-
counting Of the estate. to dissolve the cor
poration and order its property sold and the
money distributed among the shareholders.
The Burns estate is one Of the wealthiest
in the State. AMI consists Of large real es-
| tate holdings in Kansas City. Leavenworth.
AtchisoI, st. Louis. and large landed in
terests in Platte County. besides the CRANKY
Mine at Joplin. which IL valued at s, 900. 900.
The estate IL among the very heaviest
taxpayers in the cities mentioned, as well
I as st. Joseph. where the assets include the
National Bank Of st. Joseph. the largest
banking institution in the city.
Mrs. Moore Is one of the nix chfldre0
| adopted by James N. and Calvin Buruea