New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-17
KNEW OF NO OTHER WILL.
Caleb Il. Burbank Ignorant for
Years of ErecutiOn of 1889 One.

Afdavits were fled yesterday in opposition to the
motion recently made in behalf Of the contestants
OF the will Of Ambrose 3. Burbank. who died on
January IT, aged ninety-two leaving large estate.
These contestants sought TO have Caleb A Bur
bank and Samuel NJ. Burbany. nephews of Am
brose B. Burbank compelled to tell what. If any
thing. they know of will alleged to have been
ma dc subsequent made in 1889 and fled FOR
probate. This 1889 WIFI makes number Of specific
requests to nephews nieces. grandnephews and
grandnieces Most OF the requests did not run over
So 600 and nephew. Caleb 4. Burbank. was made
residuary legatee
This will is contested by eightytwo relatives, who
say he executed a Will In 1897. under which some
OF them would benefit specifically. while they all
would receive part Of the residuary estate. which
under the viii OF 1889. goes to Caleb Burbank
Samuel NJ. Burbank. a nephew Of the testator.
and brother of Caleb. who had attended the old
man for a long time before his death. received
$500 It is argued by the present contestants ttat
he had control of his uncles effects and Mrs Mary
Newcomb widow OF a nephew of the old man. as
serted that she had seen memorandum book III n
trunk in his apartments which set forth the pro-
visions of will executed in 1897. She was cor
roboTated in this by daughter, and joined with
the other contestants In demanding that Samuel NJ
Burbank produce all the books and papers which
were In his uncle's possession the time of his
death Samuel NJ Burbank attempted to commic
suicide in the law office of Hawkins. Delafeld K
Sturgis. No. 1 Nassau-st.. while the motion was
a hearing. and Is still in Bellevue Hospital A
similar motion had been made before Surrogate
Thomas in May and was denied by him.
Caleb Il Burbank's affidavit i'll opposition to the
statement OF the contestants. sets forth that for
years lie lived in tho same house with his
uncle. He says he did know of the execution
of the will of 1889 the subject OF the contest.
until some years after its execution His uncle
Ihen showed It TO him. and talked about making
some changes in ii. He says that he never vas
that this Will mad been revoked, or later
made He refers TO Mrs. Mary NewcOmb, and
says she used to say that their uncle cared more
tVes. Mrs NewcOmb. ne says. has been most
active Il! bringing about the contest Of the Will
OF 1889 His brother. Samuel NJ, who had intended
To make an affidavit, has been unable, he adds
to do so account Of his condition. but he as
serts that Samuel informed him that he never
knew # any other will.
Emma L. Lake who lived in the same house
with the old man FOR while. alleges she renem-
bers having seen hook containing writing in MS
handwriting. but dIi not know what the contents
cleaned. and lot Of papers and other stun burned.
among which the book in question probably was.
She states. she heard Mrs. NewcOmb ask the Old
man why he did not make will. Mrs. NeWconb,
she says, WAS occasional visitor at Mr.. Bur
banks.
Robert W. Burbank. nephew of the testator
and brother Of Caleb aud Samuel NJ Burbank,
who lives in Rhode Island tells how. some years
his uncle asked him il Caleb could not como
to New York, he growing old and wanted
somebody look ufter him and remain with him
lie says he told Caleb Of his UnClC's request, and
Caleb came TO New-YOrE and lived with the old
Ambrose h. Burbank, Robert w. burbank
states. told him that he intended to leave his
that most OF his property would go 10 Caleb,
Decision reserved