The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-07-05
BAEEY DECISION
AGAINST BURNETT
Trial of This Case Involving Thou.
sands Has Been Tried in
Thirteen Courts.

Muskogee. June 27.-Special Judge
DeRoos Bailey viii file his opinion and
special finding in facts in the matter
of the guardianship Of Edith Durant,
minor, r. L. Hayes and Monday Du-
rant, guardians, Bates B. Burnett, for
mer guardians, this morning at 8
O'Clock in the superior court and al
that time gave judgment against Bates
B. Burnett for $431S3S1, the amount
found to be due the estate
This case, involving thousands of
dollars as it does. has been tried be-
fore 1S different judges, and as many
different lawyers have been employed
by Burnett to look after his interests
at different times! Serious charges
have been made against a Judge of
Creek county, and against Bates B.
Burnett, the former guardian. Judge
w. G. Robertson, the attorney prose-
cutting the action on behalf of the
minor and her interests, has been as
saulted and battered and some of the
questions involved have already been
passed upon in the highest court in
the state.
On the first day of August, 1906,
Bates B. Burnett, very prominent
and successful business man and
banker of Sapulpa, was appointed
guardian of the estate of Edith Durant
by the United States district court for
the western district of the Indian Ter
ritory. This estate rapidly increased
in value as oil was being taken from
the lands and vast sums of money
were turned in each month to the
guardian.
Edith Durant was moved to Musko-
gee county and with the advent of
statehood statute was passed giving
the county court wherein a minor liv
ed jurisdiction .of his or her estate.
A motion was filed in the Creek county
court asking that the Edith Durant
5 guardianship case be transferred to
Muskogee county. Bates Burnett re-
sisted this motion and fought the ap-
plication in the county court, in the
district court of that county and final
+. ly in the supreme court of the state
to which court he appealed the case
after each Of the lower courts had de-
cided against him
Directly after the case was trans
ferred to the Muskogee county court
some time in the early part of 1911,
the first order for transfer having
been made july 1, 1910, by the county
judge of Creek county, an application
was filed asking that Bates B. Bur
nett be removed as guardian on the
ground that he had misused the es-
tate. He was suspended by Judge
Leahy July 21, 1911, and three days
later came into court and voluntarily
resigned.
r. /. Hays and Monday Durant were
then appointed guardians and when
Burnett filed his final report they filed
objections to certain items in his re-
port which totaled something like
100000. Certain charges were like
wise made at the time of filing these
objections. 1t was set out that Judge
Josiah Davis, the county Judge of
Creek county was the brother-in-law
of Bates B. Burnett, the guardian of
the large estate of which that court
had jurisdiction and who must approve
or disapprove his reports and allow or
disallow the expenditures made by him
as guardian.
1t was further set out that Bates
B. Burnett, near the time of filing the
motion to transfer the guardianship
case from Greek county to Muskogee
county had loaned to his brother $780,
20 55aRd aga$i@s1aghort $s time later loan.
ed corporation in that county of
which his brother Was president $10-
600 and in both instances taken mort
Cages upon a hotel property-Ehich was
OFFS cry little actual cash value.