The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-07-22
Heirs of Late Gov. Burbank
Object to Feature Provid-
ing for Memorial Building
in Centerville, Ind.
SAY BEOUEST MADE
is IMPOSSIBLE ONE
Provides Sale of Residence
for $4,000 to Build Mem
orial-Property Not Re-
garded So Valuable.

Attacking the will of the late Gov.
1t is impossible and impracticable. be.
cause of alleged uncertainties and va
carries of item 5, providing II memo
rial at Centerville in memory to his
mother. the late Mary r. Burbank.
the surviving heirs Of the decedent.
including Mrs. Nora r. Kibbey of
Phoenix, Arizona. a daughter, and Al,
vim Ford Miller of Chicago. a grand
son. today filed suit in the Wayne cir.
cult court against John A. Spekenhier
executor of the will. petitioning that
the provision of a memorial to Mrs
Burbank be set aside and the money
which was TO have been used for this
purpose distributed among the heirs
Though the proceedings will be
friendly, yet in determining the legal
ity of such a course. authorities will
be closely followed and every mater
ial detail brought out in the trial 1t
is Improbable that the trial will be
held until next fall.
Arguments Were Made.
Arguments were made by Attorney
T. J. Study, representing the petition.
ers. and John +. Robbins. represent
ing the executor. Judge Joseph kib-
hey. former territorial governor of Ari-
zona, and former Judge of the Wayne
circuit court, will be associated with
the heirs. His wife is an heir. Both
are visiting relatives here.
On March 10, 1905, the decedent.
who was one of Richmonds most
prominent citizens and at one time ter
ritorial governor OF the Dakotas. made
his will. All the provisions of the will
with the exception of item s. in which
provision is made for memorial were
satisfactory and have since his death,
on December II. 1905, been carried
out. The will was probated in Janu-
ary, 1906. Mr.. Spekenhier qualified as
executor, filing $4,000 bond.
Shortly before his death, Governor
Burbank had erected a palatial resi-
dence proptrey at 1120 East Main
street. He. provides that upon the
death of his wife. the late Mrs. Sa-
rah P. Burbank, this property should
be sold when it reached the value of
s25. 900. Mrs. Burbank died a few
months ago and since then the execu.
tor has made an effort to sell the pro-
perty, but has only received an offer
of 1900. 1t was the intention of the
| testator that the money received from
the sale of the property should be
used in the purchase of business
site in Centerville. near Main and
Cross streets. which should be remod-
eled, and the upper stories used for
| social. recreative, literary and moral
purposes by the residents OF the town
and township and their guests. The
institution was to be known as The
Mary E. Burbank Memorial"
Is Not Worth $25, 900.
| But the heirs set forth that the pro
value of $4,000, and it can not be
sold for less If the item of the will is
held valid. and instead OF growing in
value will deprcciate. Their argu-
ments, as set forth in the complaint
| is the property is not desirable for
residence or business purposes be-
cause it is within too close proximity
to the business district now for resi-
Dental purposes and so far away that
| it is undesirable for any business pur-
pose. Furthermore it is held their is
no means provided for the payment
of taxes, and making Of repairs. The
building though of expensive con-
struction and equipment, does not add
value to the ninety foot front lot. it
held.
Furthermore, ii is alleged that the
trust conveyed 10 the executor for the
| fulfllment OF the plan for a memorial
to Mary Z. Burbank can not be car
ried out because of the uncertainties
and vagaries of the object of the at
tempted trust end of the benefits
which the testator designed and in
tended the public of said township and
town should receive and enjoy as ben
eficiaries under and through the exc
cution of said trust"
| II is further alleged that the inten-
tions OF the decedent in providing a