New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-21
BURKE WILL IN DANGER
Cousins of Philanthropist Say
They Will Contest 1t.
TO ATTACK GREAT TRUST
Relatives Say He Promised to
Make Them Wealthy-Allege
Undue Influence.

A. attempt 10 break the viii ~ John
S,aSterson Burke, Who died IN December
and who established I'm 1899 the Burke
Foundation FOR the relief OF worthy and
poor convalescents with = trust fund OF
s. COCO. viii he made by relatives. II
tho attempt is successful the validity Of
the trust fund will be the subject OF an
.ther legal action. which may result in The
distribution q the millions involved.
On speaking 81 the trust deed or the
Burke foundation. Messmore Kendall, at
torney for the contestants. said; Mr.
Pur-bes relatives believe IL is somewhat pc
erliar that the trust deed gave tho trustees
unlimited authority and made them self
,,erpetuafing II IS also considered
strange that when 2 man is supposed 10
have one great object. like helping con-
Naicscents he should set no time for
starting the charitable work, but leave IL
indefinite"
Tho effort 10 break the viii will be
based on the allegations that IL is not
the last will. that undue influence was
Nscd. anc that the testator was not OF
sound and disposing mind. The contest
ants are four cousins OF Mr.. Burke,
Thomas r. Masterson. OF ST. Paul; Al
media y. Winters. Of Attleboro. Mass;
Emma Snyder. Of Salina. Kan, and Mary
n. ArTaN. OF Newport. MINI.
on return OF the amended citation May 3
the Surrogate will set date for hearing
the objections In 1905 Miss Winters tried
~ have Mr. Burke examined. alleging that
he WAS Incompetent TO manage his affairs.
Justice Hendrick. OF the supreme Court.
decided in favor OF the petition. but was
reversed by the Appellate Division OF the
Supreme Court, so that no commission
was appointed. A representative OF sew
eual relatives who are interested in the
outcome OF the present action said yes
scrday that they now have additional evil
dence. which they do not wish at present
a. disclose. that Mr.. Burke WAS incom-
,etent 20 make the will offered for probate
and TO create the trust fund.
MI Kendall said that his clients were
rontesting the will because IT. did not bear
GU Mr.. Burke's written promise 10 Ger
lain relatives that his death would make
shem wealthy. They say that Mr.. Burke
several years ago hired a special attorney
40 hunt up his kin, OF whom he had lost
zrsck and that Mr. Burke showed a per
soral interest in them until about the time
the trust fund was created. when all COM
rnunication with them suddenly ceased:
that no one Of them was allowed to see
him. and that even a relative who was
brought up in his home was denied ad-
mission TO his house. and that when some
relatives finally gained access TO him. Mr..
Burke who was then over ninety years
old. did not know them and appeared TO
h in his second childhood.
Frederick H. Denham. an executor %
Nr Burke's estate, who was for several
wears his attorney. said he did not be
lieve any suit would interfere with the
probate OF the will Mr.. Denham is also
secretary OF the trustees Of the Burke
foundation In reply TO 2 question as to
the plans Of the trustees. M. Denham
stated that after the will had been pro
hated the trustees would use their best
business Judgment in carrying out the
plans 81 the founder
Before we begin work" he said we
wish 20 be sure that have sufficient
funds 10 carry the project through 20
completion without appealing 90 the pub
Die for aid" In response 10 a reminder
that NJ Burke was credited with a de
sire for realization OF his hope as
soon a. possible after his death. Mr..
Donham observed that the trustees realized
rfc great need of aid FOR convalescents in
New York city, and that ii would be Of
1ered - soon as practicable.
IN his viii. M Burke ratified his gifts
80 the foundation as follows. I am
without relatives who are near % M or
mo have any just claim upon my bounty.
7. has been and is the dominant purpose
~ U'v life that tho bulk Of my estate
snail be dedicated 10 charitable purposes
~ the general character 81 those set
forth IN the charter ~ the Winifred
MseterSon Burke Relief Foundation
4 subsequent article 81 tho viii directs
Elst al the residue 81 tho estate he rsid
80 the Foundation and 10 SIS Successors
FOR Tho use and purposes of the founda
fiou. Mr.. Burke left 70 fifteen children of
cousins sleo and s2o each. end 20 his
Servants several thousands n dollars. pro
NidinE specially for his hoUEekeeper Miss
Nluccnta Fensiet.