The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-10-31
Slain Postmaster's Nephew
Claims 100000 Estate; In
ElPaso to Begin Legal Fight
.rsu,., 70 W. nrn.,n

-
Ell PASO. Oct. 3i.-Martln Bode,
age 80. manager OF NJ. A. Gonzales
general merchandise store at Abiqulu,
N. NJ. near Santa Fc, turned up in
III Paso Sunday as one OF the heirs,
he says. to the $500. 600 estate left by
George r.. Merton. ranchman. mcrch-
ant ana postmaster at Itodey, N. NJ.
who was slain Tuesday night. Bode
declared a legal fight for the estate
il already In the making.
|, Bode said that w. a. Sutherland, n
Las Cruces attorney. had already
taken steps to ave the estate admin
istered. He made demand upon MIR.
Sutherland. he said. that he tBode)
be at once recognized as the admins
traitor.
Rode u Missing Heir.
Mr.. Bode IL the hitherto unnamed
nephew OF Merten. whom u. u. Tit
man, attorney for the slain ranchman
during his lifetime. began seeking on
the day Of Mr.. Merten's death. Al
that time Mt. TittmRn thought. but
wal not positive. that Bodo'H name
was Schultz" BOde Haid hat Mir.
Tittman had forgotten that his name
was bOde because II was years ago
when Bode was living with Mr.. Mer-
ten. Taking up the estate settlement \
and Mr.. sutherland's appointment as
administrator, MIR. Bode told an in
terviewer;
"The law of New Mexico provides
that no administrator for an estate
under ordinary conditions shall be ap-
pointed until 20 days after the death
OF the former owner shall have
elapsed. My uncle died October 20 or
the night OF October 90. The exact
time Is not known. That was only
three or four days ago.
~ knew the family. l am n mem
Der OF II. | know that | ann the only
heir In the United States. There are
several heirs. Since l am the only
heir in the United States I think l
am the only n that has been found.
Would Administer Estate.
"a creditor could file administra-
ton papers. But there are no credit
orH. My uncle's business was on "A
cash basis. And the administration
of n creditor must cease under New
Mexico law as soon as the bills due
that creditor are paid. II l should
be mistaken aud there are creditors
their bills will be paid at once and
their claim to administration term
mated.
MY uncle may n left a will.
do not think he did. II he did leave
"A will hat will settle the heirs claims
There are several places where he
might nave left "a will which nave not
ye, been searched. IL might be In tho
bank. 1t might be In his vault In his
office, The vault and office have
been locked and sealed. a Waterman
Is on the property to see to II that
nothing * disturbed"
Only Heir In America.
MIR. Bod explained several circum-
stances that developed In hnzy fash
In the confusion just after MIR
Mcrten wa slain and before n rela-
lives were found. After explaining
the confusion as to his " name,
MIR. Bodc insisted that the missing
thought to be a sister OF
In a niece and not IA sister.
She Is Miss Therese Nachtweg OF seul-
Westphalia, Germany. Bode
that there are several heirs Nv
Ing. He said he had not figured up
how many there are. He reiternt.
ed his claim that he Is the only heir
In America.
Bode came to this country in 1914.
lived with his uncle at Rodey for
two years. Then he had IA little dis
he styled II, more because my
wanted me to go away and get
practical business experience
anything else" Zoe added that
:he rufflcd feelings had all been
Hmoothcd out and that he had visited
uncle about a year ago. lie said
conditions Of friendship then aud
then had existed.
His Status rs Alien.
Bude took out first naturalization
papers about six years ago, he said.
made application for final papers
about a month ago, Just abou three
weeks prior to his uncle's death, he
declared. Inquiry was made at the
outset OF the case at Washington 10
know II the present status OF internh-
tional relations between America ana
Germany will or will not interfere
with the claims to the estate. A re-
ply said that It was being "investi-
Bode says that under the law, he In
Informed. even though a man has not
taken out final papers, II he is a resi-
dent OF the state whore an estate In
which he Ii Interested In to be pro-
batcd, and has been n resident FOR "A
certain period OF years, that the alien
resident is entitled to come into the
estate withouth interference from the
allen property custodian,
Bode Is unmarried.
The procedure In New Mexico for
settling an estate IL to file In probate
court an application for the probate
Of the VIII. II any, OF the deceased.
II the Will specifics who shall be the
administ rator and fixes hund or pro-
Vidss that he shall act without bond,
that h followed. II there be no will
then the court takes charge OF the
estate and appoints an administrator
to act until the heirs are oun and
their claims to possession legally de
Cidcd In the courts, Under the New
Mexico law every move In admins
tcring the will Is officially published
In the papers.
Mr. Bode came here from as Cru
ces. where he interviewed Mr.. Suther-
land, he said.