The Montgomery advertiser., 1902-06-20
DE CzKE WILL CASE CLOSED Decision in Favor of Hun
 garian Heirs. JUDGE GAST0N'S OPINION Famous vi0lins May Not Go to
 Miss Hardin. Held That Instrument Did Not Com ply With Alabama Statutes and
 Cannot Be Admitted
 to Probate

Judge '. D. Gaston, of the Probate Court of Montgomery County, yesterday rendered an opinion that the alleged will of the late Professor Alexander de Czeke was invalid and that it could not be admitted to probate in Alabama. The alleged will conveyed to Miss Rosa Har- din of Louisville, ky. all of the property of Professor de Cseke. By the opinion of Judge Gaston the property of the de- ceased musician which is in Alabama will revert to his natural heirs. brothers and sisters, who reside in Hungary.
 The question involved was to the resi- dence of Professor de Cxeke at the time of his death. If he was a resident of Alabama the alleged will was invalid. If he- was a resident of Kentucky the will, which has already been admitted to probate in Louisville, was valid and suf- ficient to pass the personal property of Professor de Czeke which he left in Montgomery.
 There were no witnesses to the alleged will and 1t was held to be invalid under the Alabama laws although 1t compiled with the laws of Kentucky.
 Judge Gaston took testimony in the case Monday and listened to argument of law yers representing Miss Hardin on the one side and the natural heirs in Hungary tn the other. He took the case under con- sideration and decided yesterday that Professor de Czeke, at the time of his death was citizen of Alabama. conse- quently the alleged will was not suf- ficent to convey the Alabama property of Professor de Czeke to Miss Hardin of Kentucky.
 This decision by Judge Gaston practi- cally disposes of the de Czekc case so far as the courts of Alabama are con- cerned and the personal effects of Profes- sor de Czeke will so to his relatives in
 Hungary unless there is further iitiga- ton.
 The fight over the will was really a fight for the possessi ,n of five vioiins. at least two of which are said to be of in- estimable value. They were manufac- tured by famous masters, one of them, 1t
 is said, as early as the fifteenth century. These violins are in the vault of a Mont gomery bank.
 The relatives of Professor de Czeke
 who have practically won a victory, are Caroline Krug of Budapest. born Czeke: William Czeke, Budapest; Susannah Zri-
 ritiz. born Czeke, of Vienna; brothers and sisters of the dead musician; Andreas Czeke of Selmecbanya, Hungary; Eugene
 Traupmann Tallas of Erzssbelfalva, Hun-
 gary. and Maria Erithrie of Pancsova' The tragic death of Professor de Czeke while playing his favorite instrument, the
 violin. before a Montgomery audience in December, 1900, is familiar to the reading public. He led nomadic life and little
 was known of his history until after his death, when his papers showed that he had been renowned as a musician in the old world.
 Miss Rosa Hardin of Kentucky was
 music pupil and a friend of the aged mu- sician. The will which she presented after
 his death was written on a small piece of paper and was in the shape of note addressed to her and found in his post mortem papers. in which he declared that he willed to Miss Hardin 'everything" in recognition of her kindness to him.