Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-01-01
HEIRS OF THE 0IER0
ESTATE REACH A
COMPROMISE II
MRS, BURG WlTHDRAWS
NUMEROUS LAW SUITS
Alleged Last viii Of Mrs, Mar
iano S. 0tero is RELOCATED to
Back Ground and Children
Agree on Division


The closing chapter of what threat
ened TO be a long and strenuous legal
battle over the estate OF the late Mrs.
Mariana S. Otero, arising from an al
legged attempt to deprive Mrs. John
Baron Burg, a daughter. of an equal
share in the distribution Of the prop
erty. was reached yesterday. when a
compromise OF an differences between
Mrs. Burg ana the other o a heirs
was effected, an agreeing 10 O divi-
sion OF the property in a manner sat
isfactory 10 All.
Under the terms of the compromise
tho large estate is divided among all
five heirs. Mrs. J. b. Burg. FREDERICK
j. Otero, Mariana S. Otero. Jr, Alfred
j. Otero and Mrs. G. w. Harrison.
1t will be remembered that Mrs.
Otcro died ON May - last, after q
brief illness. soon after her death
a memorandum bearing no date. pur-
porting TO be her last viii, was Of
fered for probate. This document. il
is said, was without the signatures OF
attesting witnesses ana according to
the claims OF Mrs. Burg who by its
terms was cut Off from participating
in the distribution of the estate. lacked
other necessary legal formalities.
Shortly after the memorandum
above referred to had been offered for
probate, Mrs. Burg, represented by
her husband, US counsel, filed "A duly
executed viii, which was in the ma
ture OF a joint testament of Mrs. Otero
ana her deceased husband. Mariana
S. Otero, wherein both declared in
favor OF An equal distribution of their
property among the five children.
When the hearing upon both instru-
ments was called w in the probate
court, Judge Mora ruled that the i'm
formal paper was the last will and
testament ana eliminated the other
document brought forward by Mrs.
Burg, which she claimed WAS the reg
ular Will. Mrs. Burg instituted ian
damus proceedings against Judge
Mora to compel him to certify the
VIII which she offered Tor probate.
ana at the same time tool an appeal
TO the district court from the judg-
ment rendered in favor Of what was
claimed to be an informal viii.
Judge Mora subsequently appointed
S executors of the estate FREDERICK
}. Otero, Alfred J.. Otero and Mariana
;. Otero. Jr., VINO soon after their ap-
pointment commenced election pro-
c%eedings against Mrs. Burg before
Justice Of the Jcacc Mcclellan, which
resulted in Mrs. Burg being oltsted
from tho nfgra- F4 N. f1-L homo . 17hfr-
teenth street and Roma avenue, which
she had occupied since the death of
her mother. Mrs. Burg appealed from
the decision rendered in this action
and also filed several suits in the pros
bate court against her brother, Fred
crico, one Of which sought to compel
an accounting of funds handled by
him belonging to the estate. Other
suits asked that he be compelled to
account for funds received from the
sale of livestock, partition Of the prop
erty ana other matters. Judge Mora,
in whose court the suits were filed,
ruled unfaVorably to Mrs. Burg's
cause, %Whereupon she appealed five
OF the suits TO the district court.
By the terms Of the compromise Of
fected Yesterday Mrs. Burg is to re-
ceiye a large portion Of city real cs-
tate, personal property and a sub
s%tantial cash settlement. The cash
settlement, it is understood. was made
upon the stipulation that Mrs. Burg
Withdraw the suits now pending in
The district court. Among the real
estate received by her are some three
hundred lots in the Pcrea addition,