The morning journal-courier., 1908-09-05
AFTER MANY YEARS Heirs Alleged to Be Found to Estate of Negro Who Died
 Here in 1864. SOON TO ESCHEAT TO STATE Wilmington Del) Deposition May De- priyc State of s2,2OO and Forty
 four Years Interest.
SOON TO ESCHEAT TO STATE

One of the strangest cases that has come before the local probate court will come up for a hearing probably about Thursday of next week. It in- wolves the estate of negro whose name as known here was Spencer Ber- den and who died here In 1884 He left an estate of s2,200 and no heirs could be found, so the money remain ed in the bank. Several years ago. as no heirs had yet been found adminis- tration papers were taken out, so that in accordance with provision of the
 law the estate might escheat to the state after five years.
 Now after forty-four years there have been found persons who claim to be the heirs to the estate which has had considerable of an increment through long deposit at interest in the bank. Papers were filed in the case yes terday afternoon for Attorney Edmund s. Hellings of Wilmington, Delaware, whence hail the heirs. Officially the papers ask that the court hold hear Ing for the purpose of ascertainment of heirs 10 the property. Along with thls request are filed two bulky de- positions. one from a Mrs. Virginia Tominson of SAT Market street, VII mington. and the other from a negress by the name of Emaline Davis, who claims to be the sister of the deceased. The deposition of Mrs. Tomlinson states that Berden was a former slave and that he belonged to her great grandfather Ills real name, she states, was Spencer Lingo. but his mothers name was Flora Burton. adopted from the family she worked for and that this became changed lated by him to Berden. which is the name In which the funds stand in the local bank. Mrs Tomlinson states that the dead man was her nurse when she was child and that when freed he went north and the last she heard was that about the end of the war he died somewhere around Boston or Hartford The de- ponent saith that she Is confident the | dead man was one and the same with Spencer Lingo and that a sister of his EinHllHe DHNls, now llViis Wlln HST, is legally his relative.
 The deposition of Emalne Davis states that she had a brother by the name of Spencer Berden and that he died north here sometime about the close of the war. The case will be heard in court probably next Thursday although the date has not yet been set The case will be mainly one of proving the identity of the dead man and show ing that he and the former slave were one and the same person. The deposi- tions are dated Aug. +, and were filed by Attorney Dwyer of Hartford for At. torney Hellings, There are other heirs to the estate besides the sister, accord ing to the statements made in connec- tion with the case.
 Besides the interest in the factNh the estate, so long without claimant may be held from escheating to the state after forty-four years have elaps- ed there Is additional interest because about a year ago an attempt was made to prove that certain persons were heirs of the dead man. At that time the heirs announced were white per sons and were disqualified as not be- ing relatives at all. t