Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-07-11
LAST 0TER0 WILL IS
SUSTAINED BY THE
PROBATE COURT
DOCUMENT CUTTING OFF.
MRS, BURG Is ADMITTED
Attorneys for Contesting Heir
Appeal to District Court
and Bring Mandamus to
Compel Court to Certify
viii of 1897.

After a brief hearing of counsel for
the contesting heirs to the estate Of
the late Mrs. Mariana 5. Otero, Pro-
bate Judge Filomeno Mora yesterday
morning affixed his signature TO he
will written by Mrs. Otero nine days
before her death. in her own hand,
making radical changes in the disposi-
tion of the large Otefo estate over the
previous will executed in 1897, the
court holding the latter will to take
precedence.
Attorney Frank ". CLANCY. appear
ing for Mrs. John BaroE Burg. daugh-
ter of Mrs. Otero and the contesting
heir. Immediately FLED notice of APP
peal from the probate's decision to
the district court. The appeal had
been anticipated. Mrs. Burg was also
in court by her husband,
John Baron Burg of Washington. d.
G. Attorneys Neill B.. Field and f..
w. Dobson appeared for the other
heirs, Alfredo. Fred j., and Mariana
StllSt anu us pNPi - AFN
daughter of the deceased.
The case is an interesting one not
only because OF the large value of the
estate involved. but because Of the rad
ical difference in the terms Of the
two wills as they affect Mrs. Burg.
The first will was one executed in
duplicate in 1897 but the late NJ. 3.
Otero and his wife making certain
st%ipulations as to the division OF the
estate in the event of the death OF
either husband or wife and distributing
the bulk OF the property among the
three sons and two daughters, share
and share alike with certain special
requests. This viii was properly wit
messed and the chief argument
brought by Mrs. Burg's counsel against
the will admitted to probate by Judge
yesterday was that it was not
Witnessed at all.
The second will, made on May IL,
of this year. was written by Mrs. otero
In her own hand. She died nine DAYS
later and the will was neither dated
nor witnessed. The signature was i'd
entitled yesterday as Mrs. Oteros ana
the handwriting thro Rhont as that OF
the deceased. No effort was made TO.
prove incompetency to make the Will
on the part Of Mrs. Otero. The docu-
ment was admitted to probate by Judge
Mora in an oral decision In which ne
hold that since the deceased had been
shown 10 have been in possession Of
her faculties. and since the handwrit-
ing and signature had been properly
Identified the document was legal and
took precedence oyer the earlier Will
The latest will charges the distrlbu-
Of the estate mons the three sons
the the daughter, Mrs. Harrison out
fixas the share allowed to Mrs. Burg at
81 600 only. with one or two small be-
quests of personal property II Is nh-
derstood that Mrs. Burgs contention
viii he when the case comes up Tor
review in district court. that undue
Influence was exercised upon the mo-
ther hy the other heirs to prevent her
what she holds to be hef
share Of the estate.
The Otero estate consists OF valu-
abla real estate in Albuquerque. IN
and Sandoval counties. in
ending the famous Jemez Hot Springs
and mines and a controlling interest IN
the great Baca land grant No. ], in me
Iemez mountains. together with othetI
land grants and minor properties IN
other sections Of the territory Al the
time of his death the late Mariana ;
Otero. who was prominent for many
Years in the business and political hiei
u Albuquerque and the territory was
president of the Bank of commerce"
and was considered one OF the wealth.
men in New Mexico.
Mrs. Burg Brings
Yesterday afternoon, immediately
after the conclusion OF the hearing
Mrs Burg applied through her att
-ornevs 10 Judge Ira \. Abbott for a
writ Of mandamus to compel JUDGE
Mora to certify the will Of 1897 TO the
district court for a hearing therein
The court granted the writ and maoe
Il -retnrnahle on August elst next