The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-07-30
Suit Entered to Set Aside
Instrument.
UNDUE INFLUENCE ALLEGED
Is Executor Under Former WilI-SayS
Michael Burns Compelled His Mother
to Draw Up Document on Her Death
bed When a Mental Wreck

Attorney Charles J. Murphy. surviving
executor and trustee, under the viii Of
the late Mrs. Margaret Burns, dated
March IS. 1900, has fled q petition in
the Probate Court asking that a later
viii be set aside and that letters tesla
meutary, issued to Mr.. Clarence Duvail
and Sidney T. Thomas, be revoked The
last document offered for probate as the
will Of Mrs Burns is dated July 1 inst
Sir. Murphy asks that issues be found
and tried to determine the validity Of
this paper.
Mr.. Murphy further alleges In his
petition that the last document vas ex-
ecuted by Mrs. Burns while she was not
of sound mind and was procured by IN
due influence pTacticed against and upon
the said Margaret Burns, deceased, by
the said Michael Burns. cher SOM "or
some other person OF persons.
First Document Drawn.
Mr. Murphy further states that on
February Is, 1900, Mrs. Burns sent for
him for the purpose Of preparing her
will. On March Is she went 10 his Of
fee and there executed the document
prepared by him according to her il
structions. The testament was Wit
messed by John J Hamilton, George z.
Hamilton. and Louis J Potts By the
terms Of her viii Mrs. Burns directed
that after her debts we're paid and after
q bequest Of $500 to St Joseph's Male
Orphan Asylum, she left the remainder
Of her estate in trust to Charles J
Murphy and Matthew G. Emery, ex-
ecutors and trustees, for the benefit OF
her sons, John Burns and Michael Burns.
The executors were instructed to pay 10
them the income from the estate during
their lifetime.
It was further provided that upon the
death Of her sons, leaving issue, the ex-
ecutoTs should convey TO the heirs OF
each son one-half interest IN all her es-
tate. n the event OF the death of one
son without issue the entire income Of
her estate should be paid the other son
for life In the event Of both soas dy-
ing without issue, It was, however, d.
Tected that the executors and trustees
should divide her estate equally be-
tween the president and directors OF
Gonzaga College and the trustees OF St
Joseph's Male Orphan Asylum.
Death of MI. Emery.
On October L. 1901, Matthew C. En-
cry died, leaving Charles J. Murphy the
sole executor and trustee.
Mr.. Murphz states that after the exc
eutioa Of the VIII OF Mrs. Burns. It was
retained by him until July 1, 1902. last,
at which time it was delivered to Nj
Sidney T Thomas, under the following
circumstances
On July 1 Michael Burns called upon
Mr. Murphy and stated that his mother
desired that he deliver to Mr.. Thomas
all papers belonging 10 her. Mr. Burns
is said 10 have further stated that Mr..
Thomas had a written order from Mrs,
Burns requesting that the papers be
turned over to him. Mr.. Murphy called
on Mr.. Thomas, who showed him an or
der signed by Mrs. Burns with her
mark Mr. Murphy Informed BET. Thom-
as that he preferred to see Mrs Burns
before turning over the papers.
Accordingly, accompanied By Michael
Burns. Mr.. Murphy says he visited Mrs
Burns at her home. . Massachusetts
Avenue northwest. he was shocked a.
ner appearance; she was q physical and
mental wreck. and evidently IN a DYING
condition. Upon being asked by her gor
II she wanted Mr.. Murphy TO turn over
papers 10 Mr. Thomas, Mr.. Murphy
states Mrs. Burns lowered her head and
answered Yes
prevented from taking TO CIeuL-
Mr.. Murphy further states that he
tried to enter into conversation with
Mrs. Burns, and was prevented from
doing SO by Michael Burns. who told bis
mother not &c talk. After this Mr
Murphy says he LETT the house. He theT
went 10 Mr.. Thomas and delivered hin
the viii executed by Mrs. Burns OF
March g. 1900.
Soon afterward MI Murphy says h,
was informed by Mr.. Thomas by teIe.
phone that he had seen Mrs Burns and
found her IN a much better condition
than he expected. He also said she die
not desire 10 change her viii except il
reference 20 the executors, and that sht
did not want him CIR Murphy as az
executor.
Wanted a New VIII.
He gays Re was also informed by Mr.
Thomas that he bad jus. received IN