The Washington times., 1902-07-31
Petition in Probate Court
to Set Instrument
Aside.
MR. C. J. MURPHYS CHARGES
Was Named as Executor Under a
Former Will-States Document Was
Drawn Up on Deathbed Under Mental
Excitement and Sickness.

The litigation which has been begun
over the estate Of the late Mrs. Mar
garet Burns promises to be productive
of some interesting developments before
long.
About two years ago, 1t is alleged. Mrs.
( Burns employed Attorney Charles ].
Murphy to draw her will, and named him
and the late Matthew G. Emery as ex-
ecutors and trustees. According to the
terms of the testament she made a be-
quest to ST. Joseph's Male Orphan Asy-
lum. and left the balance to her two
soDs for life. A few days before her
death. on July 6. it is said she ordered
another will drawn, and divided her es-
tate, with the exception of the bequest
10 the orphan asylum. between her two
sons. The last will was offered and
admitted to probate. In the last testa-
ment made by Mrs. Burns she named
Mr.. Clarence Duvall and Attorney Sidney
T. Thomas as executors.
Mr.. Charles J. Murphy. as the surviv-
ing trustee and executor OF the will
executed by Mrs. Burns on March IS.
100, yesterday fied a petition * the
Proiae Court, asking that a later
will be Set aside and that letters testa
mentary. issued TO Mr.. Clarence Duvall
and Sidney T. Thomas, be revoked. The
last document offered for probate as the
will of Mrs. Burns Is dated July / inst.
Mr. Murphy asks that issues be framed
and tried to determine the validity of
this paper.
Mr.. Murphy further alleges In his
petition that the last document WIS ex-
ecuted by Mrs. Burns while she was not
of sound mind and was procured by ''un-
due influence practiced against and upon
the said Margaret Burns, deceased. by
the said Michael Burns (her SOM ''or
some other person or persons"
First Document Drawn.
Mr.. Murphy further states that on
him for the purpose of preparing her
will. On March 2s she went to his Of
fee and there executed the document
prepared by him according to her in
structions. The testament was wit
messed by John J. Hamilton George f.
Hamilton. and Louis j. Potts. BY the
terms of her will Mrs Burns directed
that after her debts were paid and after
bequest of 5000 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 TO
them the income from the estate during
their lifetime.
1t was further provided that upon the
death OF her sons. leaving issue, the ex-
ecutors should convey to the heirs OF
each son one-half interest in all her es-
tate. In the event OF the death Of one
son without issue the entire income of
her estate should be paid the other son
ior life. In the event OF both sons dy-
ing without issue. it was, however. di-
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 NJ. Emery.
On October IL. 1901, Matthew C. En-
cry died leaving Charles J. Murphy 'he
sole executor and trustee.
Mr.. Murphy states that after the exc
cution of the Will of Mrs. Burns it was
retained by him until July ]. 1902,
at which time 1t was delivered to Mr..
Sidney T. Thomas, under the following
circumstances:
On July l 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 saii TO have further stated that Mr..
Thomas had q written order from Mrs.
Burns requesting that the papers pe
turned over TO him. Mr.. Murphy called
on MIR. Thomas. who showed him an or
der signed by Mrs. Burns with her
mark. Mr.. Murphy informed Mr. Thorn |
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. 25 Massachusetts, |
Avenue. northwest. He was shocked at
her appearance; she was a physical and |
mental wreck. and evidently in a dying
condition. Upon being asked by her son |
Z she wanted Mr.. Murphy to turn over
papers to Mr.. Thomas. Mr.. Murphy
states Mrs. Burns lowered her head and
answered Yes"
Mr. Murphy further states that he