The New York herald., 1922-05-25
BURTON WIDOW sues
FOR MILLION DOVER
Seeks to Establish Rights in
Lord q Taylor Building
in Fifth Avenue.
FIVE CHILDREN CITED
Rich Cotton Factor Decided
Realty to Them and Left
Her Out of His Will.
CONTEST is UNDER WAY
Litigation Recalls Death Of
Merchant 81 Months After
Second Marriage.
CONTEST is UNDER WAY

Further litigation involving the es-
tate of Frank " Burton. wealthy cot
ton goods factor. who died March IL,
developed yesterday when his widow,
Mrs. Claire Louise Burton of 405 Park
avenue. started a suit in the Supreme
Court against her five stepchildren and
Lord & TAYLOR TO recover her alleged
dover right in property at Fifth ave-
nue. and Thirty eighth street. where
the Lord & Taylor building now stands.
Last month Mrs. Burton filed objec-
tions to the probate of the will in New
burgh after temporary letters of ad-
ministration had been denied to her.
Mrs. Burton yesterday sued for a
one-sixth interest in the Fifth avenue
property, which she estimates is'worth
f10,000000 and in which her husband
had a one-half interest at the time Of
their marriage, November 20, 1919.
She also asks that the extent of Eer
dover be determined and that enough
of the property be sold to secure her
rights of dover. the proceeds to be in
vested under the direction of TIE court
and the income to be paid to her dur
ing her life time.
In lieu Of such arrangement by the
court she asks leave to accept gross
sum for her interest in the property. She
also asks that Lord e. Taylor be required
to account for one-third of the annual
mesne-that is. the rents and profits OF
land received by one alleged to be
wrongfully in possession-profits. and
that the other defendants pay to her the
collected
Mrs. Burton sets forth that she and
Mr.. Burton were married November 90.
1919, and that he died, leaving a will
which was filed for probate in Orange
county ten days later She filed objec-
tions to the will April 25. contesting il
because no provision was made for her
At the time OF her marriage. she al
leges, her husband owned half interest
in the property at 424-434 Fifth avenue,
which he conveyed to his five children
on or about March 23, 1920. She al
leges that she did not join in this deed.
and did not know of 1t until after her
husbands death. The trar sfer was re-
corded in New York county October 10.
1921.
On information and belief she alleges
that the land and premises are subject
10 a mortgage for $5.500.000. executed
by her husband and his first wife. Cath
arine S. Van Duzer Burton. and his
brother and wife. Mr.. and Mrs. John
Howes Burton. There is now due ap-
proximately $4.575.000. she charges. and
the entire property is worth In her csti-
nation $40. 900.
With Lord & Taylor as codefendants
IN the action Frank V. Burton. Jr.. Van
Duzer Burton. Lucia Clark Burton Wing.
Catharine Burton Johnson and Margaret
Burton Eaton are named. These five
also inherit their fathers estate OF about
$1,000, 900. according to the Orange
county WILL
Mr. Burton was founder and senior
member of Burton Bros. & Co., convtr-
tors of cotton goods. 267 Fifth avenue.
He was the son OF John and Lucia Clark
Burton. The property at Fifth avenue
and Thirty-eighth street originally was
part of his fathers farm.