New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-15
BURBANK HEIR PRISONER.
FAILS TO END HIS LIFE.
Makes 4ttempt While Argument Is
Made an Will Contest.

Samuel NJ. Burbank. nephew Of Ambrose
Brackett Burbank, who died on January It.
attempted kill himself yesterday by cutting
his throat with pocket knife while in the Of
fees of his counsel. Eugene D. Hawkins, of
Hawkins & Delafeld at No. 1 Nassau-st
Ambrose p. Burbank left an estate variously
estimated at from SIJOOOO 10 81, 100000 which
has been tied up in contest now pending in
the Surrogate's Court. 1t was while counsel for
Samuel NJ. Burbank and his brother. Caleb A.,
was before Surrogate Thomas. arguing a motion
on an order to show cause why his two clients
should not be compelled to produce will said
to have been tie iE June. 1891. several years
after thaz which had been offered for probate.
dated March 30. 1889, that Sar.uei NJ, Burbank
made the atterop. on his life
Samuel NJ. Burbank came here about O year
and a hale ago from Arizona. and in the last
year of his un.ie's life lived with him. and
cared for him such extent that his health
was impaired. In statement at the hospital
Burbank said he attempted his life in moment
of temporary mental alteration.
Burbank was removed TO the Hudson Street
FIosnitaI. where he was made prisoner. His
,.4,,riss were only superficial Later ne was re-
moved to the Bellevue prison ward
-rbera he said that he and his brother. caleb
A burbank. of No II Lexington-ave.. lawyer
NJ No | Nassau-st. were the only remaining
direct lineaI descendant of Ambrose b. bur
hank Most Of his unCle's estate, ne Salu' con-
sisted of railroad bonds II had advanced con-
siderablv in value since his death Ohder the
terms of a will that had been offered Tor pro-
hate Burbank said he was to receive bequest
- so5 oOo and his brother, Caleb A. ives made
the residuary legatee after a numhe1 oil nieceS
and nepbews had received requests. Some OF
these had begun a contest Of the will
Burbank said that he had been drinking heaV-
nv for the last week, and was extremely merry
Gus He was in moment of temporary mentaI
alteration when he attempted his life He had
no good reason to wish to die.
lie declared that he had aided his uncle III
managing his estate, the nucleus OF when was
made in exporting tobacco
II is said that the will alleged to have been
,nadn il, 1897 does not name Caleb Burbank as
the residuary legatee and an executor. and does
not leave a legacy 10 Samuel Burbank.
Two vveek ks ago counsel for the contestants ap-
,,1Ied 10 Surrogate Thomas for an order to show
cause why Caleb \. Burbank should not pro-
dt,ce the alleged prior WILL but the Surrogate re-
fused 10 grant the notion which he declared.
was fishing excursion
The probatlug of the viii being on the calen-
dar for next Monday the contestants made an
attempt yesterday 10 get Surrogate Fitzgerald
to consider the motion denied by Surrogate
and allow cd counsel time 10 submit briefs
The will offered for probate, which declares it
seI1 TO he the last will and testament of Ambrose
Rurbank gives $4,000 70 EIeazer A Burbank.
son of Eleaze- Burbank. brother OF the tes-
tato-; 5000 10 Perez Burbank, grandson or
IzIeazer Burbank. $1,000 10 Charles p Bur
hank grandson of Eleazer Burbank; S29,Ooo
IN Samuel F. Burbank. son of Caleb Bur
hank. SO 900 10 Prescott Burbank son or
EIeazer Burbank; S25.G00 to William F. Bur
hanl, son Of Caleb Burbank. brother OF the
,as,ator. S25OOo 10 Samuel NJ. Burbank. son
of samuel Burbank brother of the testator:
s2oooo 10 Robert w Burbank, of Samuel
eurhant. 81 OOO each TO Phineas Tolman Moses
roIr,an David b. ToIman and Eleazer Toluan.
SONS of the testator's sister. Elizabeth Tolman.
and S23OOO to Caleb A Burbank. son Of Sam
ueI Burbank.
The remainder Of the estate is bequeathed to
Caleb A. Burbank. son of Samuel Burbank
Caleb A Burbank, of Providence. f. l., and
Prescott Burbank of New-York, and the presi-
dent for the time being OF the New-YorN Safe
Deposit Company, are named as executors. The
witnesses are John NJ. Rider OF No. 1I6 Sixth
ave. Brooklyn and William H. Willis OF No
O6S Lexington-ave.. Manhattan
In the proceedings before Surrogate Fitzger-
aid TWO atfidavits We're filed. O-.e. BY Mary
Newcomb, widow of EIeazor Burbank New
comb. states that when Ambrose Burbank died
one of his arms was disabled by cancer and the
other by rheumatism and that he was other
wise feeble and infrm. She alleges she in
the tray of a trunk belonging to him several
memorandum books. one OF which was labelled
TO indicate that it contained the provisions of
will he had made on June l., 1897 She asserts
that Samuel Burbank had access at all times to
the trunk and papers, he the old mans
personal attendant.
Mary Ellen NewcOmb. her daughter. makes
the second affidavit.