The Richmond palladium and sun-telegram., 1911-06-09
Object to the Feature Pro-
viding for Sale of Home
for SIS, 900, Proceeds to Go
to Centerville.
SAY THE PROPERTY
is NOT WORTH 1T
Think Home Should Be Sold
at What 1t Can Bring and
Proceeds Divided Among
Various Heirs.

Suit against j. A. Spekenhier, execu-
tor of the will of the late John A.
Burbank, former territorial governor
OF North Dakota. who died here in
1905, will be filed in the Wayne cir
cult court in the near future by Mrs.
Nora B. Kibbey of Phoenix. Arizona,
in which an attempt will be made to
dissolve the trusteeship, as regards to
the disposition of the palatial resi-
dence property, erected by the deceas-
ed at 1920 East Main street. a few
years prior to his death.
Instead of carrying out the provis-
ions of the will. If the heirs are sue
cessful in having this item of the will
set aside. the money received will be
distributed among them, including
Mrs. Kibbey, H. /. Miller. of Chicago:
and the latter's son, Ford Miller.
Though the heirs will not attempt to
break the will. their action amounts
to about the same thing. The will has
been on file for five years, and could
not be broken now.
Provisions Of Will.
A few years before his death, the
late Gov. Burbank drew up his last
will. consisting of thirteen items. In
item eight, he created trust in which
he provided that his home at 1920
East Main street be sold for no less
than $4,000. and that the funds re-
ceived should be spent in the pur.
chase OF business property near Main
and Cross streets in Centerville as a
memorial to his mother. the late Mary
e. Eubank. to be known as The Mary
E. Eubank Memorial" The lower
floor of the business block was to be
used for business purposes, but the
upper stories, according to the provis-
ions OF the will, were to be arranged.
fitted and furnished free for the free
use Of the people of Centerville and
Center township or thir guests. for
recrative. literary, social or moral
functions"
Heirs of the decedent hold that
the property on East Main street,
though 1t may have cost the deceased
$4,000 can not be sold for this
amount Offers received have not
been within several thousand dollars
of this figure. They contend that ii
is in its present condition several
years from now, the property might
be worth the amount specified, but
they add this is impossible because OF
the depreciation OF the improvements,
although they admit the lot value
will steadily increase.
Would Take Proceeds.
In case this provision of the will is
set aside by the court. instead of de.
voting the funds received to the crea
tion of a Mary E. Eubank Memorial
as proposed by the decedent. the heirs
intend to distribute the amount re
ceived among themselves. 1t it said
the heirs are not dissatisfied with the
visions of item eight of the will. II IL
claimed by them that Mr.. Burbank
was unable to forsee that the property
would not gain in value as quickly az
he contemplated, but instead would
depreciate.
In the proposed litigation it is un
derstood Mrs. Kibbey, who is the wife
of former Governor Joseph Kibbey, oil
Arizona. will be the only complainant
She will be represented by Attorney
| T. J. Study. The executor will be
represented by the firm of Robbins
and Robbins. The action will bf
friendly and for the purpose OF gett
| ing a court order to dissolve the
trust. It is more than probable that
others, possibly the town OF Center
vile, and Center township, will be
come parties to the suit and in this
case. it is anticipated fight will be
made to defeat the petition OF the heir