The Montgomery advertiser., 1902-06-17
DE CZEKE WILL l CASE IS HEARD Judge GaSton Took It Un-.
 der Consideration. QUESTION OF RESIDENCE Contention Over Vi0linS Left
 by Aged Musician. Miss Hardin of Kentucky Claims Estate and Relatives in Hun gary Entered . Contest. Now With Court.

Probate Judge J. B. Gaston of Mont gomery County, beginning yesterday at noon, heard testimony and arguments on
 the validity of the will of the late Pro- lessor Alexander de Czeke who died in this city in December. 1900, bequeathing all of his property to Miss Rosa Hardin of famous Kentucky family. Judge Gaston took the matter under adyisement to render a decision at a later day.
 The validity of the will depends upon the residence of Professor. de Czeke. If he was a citizen of Louisville, Ky. the will is valid and the dead musicians personal property will pass into the pos session of Miss Hardin. If on the other hand, 1t is established that he was cit- isen of Montgomery the property will pass to his relatives who live in Hun gary.
 Upon the question of the residence of Professor de Czeke there was much con- fiicting testimony. He. himself, appeared to be uncertain as to his residence. He told Montgomery friends that he intended remaining in Montgomery while he was endeavoring at the same time to secure a music class in Louisville. Dispositions as to the residence of Professor de Czeke were taken in Louisville and Pensacola. and the same uncertainty characterized the result at both places.
 The Louisville witnesses testified that Professor de Czeke had visited Louisville in the summer of 1900 and that he had told his friends that he intended return ing to his old home at Louisvilie' He asrea them to assist him in securing c,ass in music. He told his friends, ac- cording to the testimony. that ne would return to Louisville to teach music during the fall.
 In spite of this,. however. Professor de Czeke was a resident of Montgomery and was teaching in this city on Decem- Der 8 of that year. He told friends in Montgomery that he liked the people Of Montgomery and wanted to stay with them. He said he was member of the Commercial and Industrial Association and that he was going to remain m Montgomery.
 Professor Robert Eilenberg. Professor Amende ard James S. Wilcox, all friends of the dead musician testified yesterday
 at the hearing of Professor do Czeke 'ex-
 pressing his liking for Montgomery and
 his intention to remain here.
 The will of Professor de Czeke be- aueathing his property to Miss Hardin was found in his trunk with his papers after his death. The will was enclosed Tn an envelope addressed Miss Rosie liar din, O'Bannon. Kentucky. near Louis vile" Pinned to the envelope was a slip of paper bearing the sentence ITO be sent after my death."
 The will, which has already been pro-
 bated in Kentucky, reads as follows: 'I will to you, Miss Rosie Hardin, ev- erything; all my personal property, house and lot. This, my will. Is to remember you for all your goodness to me. May God bless you. Yours. Alexander de Czeke." Colonel Charles P. Jones represented
 Mss Hardin at$the hearing and argued that Professor Sde Czeke was a resident of Louisville. The relatives of the dead musician were represented by Hon. Alex | Troy. The relatives are Caroline Krug.
 born Czeke, Budapest. Hungary; William | Czeke, Budapest, Susannah Zriritiz. born Cake, Vienna, brother and sisters respec- lively; Andreas Czeke of Selmecbanya, Hungary, nephew Eugene Traupmann
 TaIias, Erzsebelfalva. Hungary; Maria Frithrie. Pancsova. Hungary.
 The property in dispute consists of three
 violins, one of them of great age and of great value. These violins are in the vault of a local banking house. They have recently been sent to New York to have the glue which was falling away replaced.
 Professor de Czeke owned at one time a house and lot in Pensacola, the house it is said was burned. The fight over the will is chiefly for the possession of the violins. The question of the will has passed out of the hands of the lawyers and Is now with the court. The decision of Judge Gaston will probably end the struggle for inc nossession of the Violins.