The evening world. [volume] (New York, N.Y.) 1887-1931, 1908-10-19
BURBANK HEIR
FIGHTS CLAIM
FOR 100000
Suit 10 Recover on Famous
Bill of Sale Called in u.
S. Circuit Court.
CALL PAPER A FORGERY.
Refuses "Epigraph to a Pet
Dog" Is introduced in
Evidence.
CALL PAPER A FORGERY.

The trial of the suit instituted by
David Burbank Newcomb and Mary B
Newcomb, executors of Mrs. Mary
Newcomb. late Of Henderson. KY.
against Caleb A. Burbank. nephew and
chief beneficiary under the will OF the
late Ambrose Bracket Burbank, the
supposedly poor recluse. who died in
1883, worth $1,000 900, was commenced
to-day before Judge Ward and a jury
in the Equity Branch of the United
States Circuit Court.
The plaintiffs expect to prove the
validity of a bill of sale by which old
Burbank is alleged to have turned over
TO their mother, his favorite niece,
stocks and bonds worth 100000.
The bill of sale being attacked as
forgery, the Newcombs. claimants for
the $4,000 brought suit in the Federal
Court against the executors of the Bur
bank estate. The plaintiffs assert that
abundant proof will be produced TO
establish the fact that Burbank exc
cuted this instrument. Included in this
proof will be large collection of curl
Gus documents penned by the old mill
ionaire to his favorite niece and others,
in which mention is made of his pur-
pose, not only 10 leave Mrs. Newcomb
large portion of his estate. but to
make her one of his executors.
The Bill of Sale.
The disputed bill OF sale, alleged TO
have been executed and signed by Bur-
bank. reads as follows:
In consideration of my deep regard
and high esteem for my niece. Mary
Newcomb, widow OF my nephew, Flea
ger Burbank Newcomb. of Henderson.
KY, and of 81 to me paid. hereby as
sign, transfer and set over to her all
my right, title and interest in and to
the following bonds each:
Twenty Georgian State bonds.
twenty Alabama State bonds. ten Louis
lana state bonds. twenty Tennessee
state bonds. ten North Carolina State
bonds, ten Pacific Railroad of Mis-
souri, bonds. ten Chicago, Milwaukee,
and St Paul bonds
TAnd At is hereby agreed that the
aforementioned bonds shall remain UNI
boxes at No. 40 Broadway, New York
CITY, during my lifetime, and the in
terest from the coupons shall be col
lected and received by me for invest
Given the 18th day Of July, 1899.
"a. B. BURBANK"
A Few Lines to dot"
Among the queer exhibits is an emf |
taph to pet dog which will be intro |
duced as sample of the old mans |
penHlanship, for the use of experts who
WIZ be witnesses In the case. The cpl
taph or 'epigraph.' IS Burbank called |
II. was as follows:
Here lie the bones of our lovely Dot
His charms in life are not forgot.
we cherish his memory as a darling pet |
ANA FEAR his like we never Shall get:
his cunning look. with eyes SO bright.
cave all that saw him much delight
Poor Dot seemed conscious he would die
And turned as IL TO say goodbye,
But his farewell effort seemed TO fail
and he shnffled life Off with a switch
OF his tall
Poor Dot has gone where darling pets
must go,
Researches of sorrows that anlct us
SO.
III death to live by Gabriels horn re-
store,
"Dear pet and his admirers may part
no more"
Prior TO his death, Burbank caused
a $4,000 monument to be erected i'm
Greenwood Cemetery as a testimoniai
TO his BROTHER u. r. Burbank, and him.
self. '''''