Evening star., 1902-07-30
CHARGES COERCION
PETITION TO SET ASIDE A
WILL.
Mr.. chas. J. Murphy's Affidavit as to
the Condition of Mrs. Mar
garets Burns.

Charges of the exercise of coercion and
undue influence have been made in the
form Oh a caveat in the matter of the es-
tate OF Margaret Burns, deceased. Mrs
Burns died the 9th instant, and a paper
writing purporting to be her last will,
dated the LIST instant. was subsequently ad-
mltted to probate, the executors being w.
Clarence DuvaI and Sidney T. Thomas
BY the terms Of this paper $500 was left
10 the trustees of st. Joseph's Male Orphan
Asylum and the remainder of the estate
to John Z. Burns and Michael T. Burns,
the two sons of the testatrix, as joint ten
ants.
The allegations referred to are advanced
by Mr.. Charles ]. Murphy, a member Of
the bar, In the form of a petition. He asks
tnat the PROBATE of the paper writing dated
July be set aside, that the letters testa-
mentary issued to Messrs. Duvall and
Thomas be revoked and that issues be
framed to be, tried before a jury to deter
mine the validity of the paper of July 1 as
the last will. Mr.. Murphy asserts that at
the time of subscribing to the paper Of
July l Mrs. Burns was not of sound and
disposing mind and that the execution
thereof was procured by fraud and coer-
cion exercised upon her.
A Former Will Shown.
In his petition Mr.. Murphy explains that
A'Aei Sii ~o' Acoo, Nit .. DuIllS, wiz w oo thSA
of sound and disposing mind, duly executed
a Will he had drawn by her direction. By
that will $500 was bequeathed to the trus-
tees Of St. Joseph's Male Orphan Asylum,
while the remainder of the estate was to
be held in trust, the income to be divided
equally between the two sons. In the event
of the death of both sons without leaving
issue, 1t was directed that the estate should
be divided equally in fee simple. between
the president and directors of GonZaga Col
lege, for the use and benefit of st. Aloysius
Catholic Church, and the trustees of St.
Josephs Male Orphan Asylum. Matthew
o. Emery and Charles J. Murphy are named
executors.
According to Mr.. Murphy, the 1st instan.
Michael Burns, one of the sons of Mar
saret Burns, informed the petitioner that
his mother desired that all papers belong
ing to her in the possession of Mr.. Murphy
should be delivered to Mr. Thomas. Mr..
Murphy says he was shown an alleged
order to that effect, signed by Mrs Burns,
by her mark, the body of the order being
in the handwriting of Michael Burns
Mr.. Murphy visited the house of Mrs.
Burns % Massachusetts avenue, and he
says, was much shocked to find her a COM
plete wreck, physically and mentally, and
evidently in dying condition. Mr.. Murphy
declares that he was prevented by Michael
Burns from entering into a converse ton
with Mrs Burns.
Made Copy.
Inc petltloner made q copy of the Will of
March %, 1900, and delivered the original
to Mr.. Thomas. Later, it is stated, Mr..
Thomas informed Mr. Murphy that Mrs.
Burns did not want to change the will ex-
cept as to the executors.
Mr.. Murphy, being surprised that there
should be any objection to him, says he
sought mutual acquaintance to ascertain,
II possible, the ground Of the objection.
He learned from the acquaintance, so 1t is
set forth, that Mrs. Burns was not of sound
mind and was entirely under the influence
of Michael Burns, who allowed nobody to
see his mother unless In his presence.
Thereupon, Mr.. Murphy says, he protested
to Mr.. Thomas against any change beng
made in the WILL and was informed that
instructions had been received by Mr..
Thomas for the drawing of a new will,
leaving all the property, with the exception
of the orphan asylum bequest, to the two
sons as joint tenants.
Mr.. Murphy. through Attorney A. s.
Worthington desires the court to act in the
matter.