Weekly journal-miner., 1910-01-12

On October 17th, 1909, Justin H.
 Breed, one of the most picturesque
 and well known of western pioneers,
 who had resided in Arizona for over
 forty years, died at his home in
 Winslow, Arizona. MT. Breed, dur
 ing his life time, was recognized as
 one of the most sagacious, level
 headed business men in Arizona, and
 many local traditions abound in
 northern Arizona as to his shrewd- ness in business.
 He always kept a string of fine
 race horses, of which he was an ex-
 eellent judge. MT. Breed was s6
 years of age at the time of his
 death During his life time he ac-
 quired about $1OO,OOO worth of property, namely, money in banks in San Francisco and in Albuquerque.
 Also he was a large stockholder in the United Railroads company of San Francisco. MT. Breed was married in 1887 to Mrs. Helen Swim, who had two children by a former husband, namely, Frank B. Swim and Bion H. Swim. Five days subse- quent to MT. Breeds death, his wife, Helen Breed, died in the same house. Both died from penumonia.
 Subsequently to the death and bur ial of Mr. Breed the servants and employees about his home found a purported will which was delivered to Attorney W. H. .Burbage of Wins low, who for years had been attor- ney for MT. and Mrs. Breed.
 MT. Burbage, in accordance with the law, filed the purported will in the probate court within the re- quired time, asking that the same be admitted to probate. Whereupon Mrs. Breeds two sons, Frank B. Swim and and Bion H. Swim, who reside in Montana, came to Arizona and engaged the services of Attorney Henry F. Ashurst, with a view of instituting a contest to overthrow the purported will.
 By his will MT. Breed leaves all of his property to his brothers and l sisters, or to the children of his brothers and sisters in the event of the death of his brothers and sisters. The last surviving brother of Justin H. Breed was L. N. Breed, a banker of Los Angeles, who died a year ago; and the only surviving sister resides somewhere in Illinois, but there are some seventeen or twenty nephews and nieees who claim all of MT. Breeds estate by virtue of the purpOrted will.
 The Swim boys claim the will is void and that the will being void, MT. Breed died intestate, and under our law, leaving no father nor mother nor children, all of his prop erty would descend to his wife, their mother. Manifestly, if they can overthrow the purported will of MT. Breed, much property will descend to them under the Arizona law of de- scent and distribution.
 Proper papers eontesting the will have been filed with the probaHs judge of Navajo county, Attorney Ashurst representing the contestants, and Col J. F. Wilson, W. P. Geary, W. H. Burbage, Attorney Ward Chap man of Los Angeles, and an attor- ney in San Francisco and one in Kansas, representing the Breed heirs.
 Hon. W. H. Burbage, banker and ; attorney of Winslow, and a prom nent man of affairs in northern l has filed a. petition asking I not only for the probate of the will ' but asking that he be appointed ad- with the will annexed ,f the estate, and one Charles N. l Bond of Navajo county, Arizona, who .laims to be a grand nephew of Jus in 1T. Breed. deceased, has also filed ! petition asking that he be appoint d administrator with the will an lexed, and the question as to the | -alidity of the will, the question as I O who will be the administrator and | hus derive the large sum of money i oming as statutory fees, has been | et for trial by the probate judge 4 f Navajo county on April 4th, 1910. r
 Both sides have been busy for | anne weeks preparing their evidence V nd legal papers, and, taken alto V ether, it will be one of the most