The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-03-14
BURDICK'S WILL MADE PUBLIC
SURROGATE MARCUS ADMITS IT
TO PROBATE.

Tbe Dead Mans Legal Adviser objects to
the Appointment Of \ Special Guardian
for the Children. but the Surrogate
Refuses to Set II Aside-Fnerai Of
Mr. and Mrs. Arthur n. PennelL
BUFFALO, March BE. l.. Burdicks
will was offered for probate in the Surro-
yates Court this morning. Besides the
provisions mentioned In THE Sun. the will
beoueaths 81 900 TO Burdick's sister, Mrs.
Lillian B. Wallet Of Canastota, n. Y; O., 900
10 his mother, Mrs. Harriet p. Burdick OF
Buffalo. and $500 to his aunt. Miss Maria
p. Lewis of Canastota. All the rest Of the
property is left to the three Burdick chill
dren. At a private hearing before Surro-
gate Marcus. Hartzel d Hartzell, as attor-
news for the widow and the children, fled
objections TO the probate OF the will. At
torney Miller. who was Burdick's legal ad-
wiser, objected to the appointment Of F. B.
Hartzel as special guardian Of the children.
but the Surrogate Informed him that 1t
was only the usual practice OF the court.
Mr.. Miller declared that the case was ex-
ceptional.
Let me hear one substantial reason
said the Surrogate. IF 1t in a mere matter
of sentiment shall not revoke the appoint
ment."
Mr. Miller admitted that his objection
was largely matter Of sentiment, and
Surrogate Marcus refused TO set Mr.. Hart
sell's appointment aside. The will was
then admitted TO probate. with the stipula-
ton that the contest over the guardian
ship should be determined later. Mrs
Burdck objects TO the guardianship be-
cause Hartzell's firm was also named as ex-
ecutors. The following is the text OF the will:
/. Edwin l.. burdi ok of Buffalo. do hereby
make my last will and testament as follows:
deb,s' and funeral eS Pen,ss, "
.Second-I give and bequeath to my sister.
M.s sun. L of ;, ooo nnd TO oi nv mother Harriet
p Burdick Of Buffalo. n. y, the sum Of q. ooo
and omy aunt. Miss Maria p Lewis of Canss-
the rest, residue and remainder Of my estate
s9 nv Tea nrs sed Marion eneS
Lewis Burdiek and Alice t Hull bardicna; 70 De
sas sass ser n o sad rS f
that the share OF her so dying shall be equally
Tourth-I nominate and appoint Charles
81 l ss ans ~ e6.n
George G. Miller to be the joint spardisns
snd VI direct , Il "s all FUND. and sesufite.
belon ging to each Of my children shall be
received. held and paid out by them joinuy
FiitR-i nominate and appoint as e1.cu-
tN5: Ct nj R Ky eors ssd H.
ri nd sn s.ss.s & ~ s ;s
such manner and for such sums a. to them.
seem most ex pedlent. and to convey all or any
part OF my real estate or personsi e@s ave,
and 1S tin , sna On Il.
business enterprise in which ! may ee en-,
%ay to them o sssm oe' ana most
SEVENTH hereby revoke all former Wills
By me made . ,.,,,, ..,
my hand and afnxsd my seal this eighth
day Of December. 1907
The above instrument vas signed. pub
iIshed and dsclsT.db by Edwin 4 YoI B ~,
sSo b: TsSae:, :ns IL PS:;:nc go, :sS
IN Ii: o. q. and
oPPosiis our names our respective places oil
CnAlLss g. PARxE,
$50 Bird avenue, Buffalo. n =,
,.s Summer F .srs.t, l Buffalo. NY.
<42 Jersey street. Buffalo. y. Y.
The funeral OF Mr. and Mrs. Arthur r.. Pen
nell was held at . o'clock this afternoon
from their late home In Cleveland avenue.
Aside from close friends and relatives. the
only persons present were thirty members
of the Erie County Bar Association. After
the brief service the caskets were sent 70
the railroad station for shipment to Bruns-
wick. Me. The bearers were classmates
of Mr.. Pennell at Yale. They were Prof.
Carleton L. Brownson. instructor In Greek
in the College OF the City OF New York;
~ - a Va st0 Nav
York; William 4. Cornish OF Cortland.
n Y; George z. Hill Of Bridgeport. Conn.
ard Henry +. Damn and Thomas Penney
Of Buffalo
eating the Burdick murder, the final move
that. according TO District Attorney Costs.
worth, will mean success or failure, will
he played tomorrow. This last card viii
he the inquest Tha. was 70 De ,he IN
elapsed and the police failed TO develop
ANYTHING, even though the District Attor-
rev no longer conducted examinations for
them But no admission that the last
card was 20 lie the inquest VAS gained
from any Of the authorities until last even
ine when the announcement was made
that the inquest would be held ~ 10 O'Clock
tomorrow morning .,
The police thu. morning went through
the Elnwood dis,rict and served shbpnaA.
upon the friendS and acquaintance al
Burdick Tie news that the subpenas
we're out spread rapidly. Telephones were
called into play, and In Q comparatively
.hort time many ~ the p~r-ons who feared
s-ryloe were beyond the reach ~ legal
pfoo~es.
Indication 81 the rikldity Nth which the
inaue.i would h. conducted, arrange
msnts had i..en made ca examine ssnh az.
meas la . SEPARATE roam, spar from Az
sahsr witnesses u sss also siAisi that
sVery ons Who had t.-i ..-.'l.''sd y, u.s
sa.s AID . .o oouid H. fssst,sd souid ie
required Ia Aitsnd tl.s inaus~a
sAVfEsf HtGiss f0-DAt'
49,. ..... .,.s "a, 1890 - Me-. oss.