The New York herald., 1922-04-19
Income From Cash and Sc
curities Is Placed at
$4,000 a Year.
OLD LETTERS ARE DUG UP
Woman Asserts Charges Made
Against Her Are Lies, Which
Will Be Proved.

Burton. member of the cotton goods
firm OF Burton Brothers & Co. of 367
Fifth avenue. who died on March II,
fled their answer to-day to the petit
tion presented by Mrs. Claire Louise
Burton Of 405 Park avenue, asking
that she be named Administrative OF
the property. The Burton will. disros-
ing OF about $1.30o.oo0 left to five chill
dren, was offered for probate April IL.
The executors are John Howes Bur-
ton, Frank v. Burton Jr.. Van Duzer
Burton and Howard +. Clark, and in
this answer they file as part of their
exhibits numerous extracts from let
tiers stated to have been found in one
of Mrs. Burton's old trunks. Based
on these documents. counsel for the
family stated that Mrs. Burton is mot
proper person to be appointed tenn
porary Administrative of the estate or
granted any power in respect of the
property
In her petition contesiing probate OF
the will. Mrs. Burton sets up that mem-
bers of tho Burton family exercised
undue influence over ner husband and
that because of his mental incapacity
he did not make proper provision for
her. The executors in answer state
that at the time OF their marriage In
November. 1919, Mr.. and Mrs. Burton
executed an agreement that neither
would acquire any right or title in the
,r~~o~&,, &ao ,tI,ar .s.a
Large sums Given to wife.
II is further set UP that Burton prior
to the marriage gave to the petitioner
cash in large sums and purchased and
delivered to her securities so that at
the time of his death she was enjoying
an income OF $4,000 annually"
The children who participate under the
viii are Frank ". Burton, Jr.. Van
Dnxer Burton. Mrs Morgan Wing OF
Nfilbrook, Mrs. Owen johnson of New
1ork and Mrs. Walter &. Eaton OF
Cedarhurst, L. /. The first wife was
Matherine Sayre vanDuzer. who died
several years ago. The second Mrs.
Burton Is not named In the will. Be-
sides his interest In the business of
Burton Bros. & Co.. Mr.. Burton owned
considerable real estate. The old family
home where Mr.. Burton was born was
on the site OF the Lord & Taylor store
In Fifth avenue. His estate ''Woodbine"
was in this city.
The answer to Mrs. Burton's petition
is looked uponA as remarkable legal
document. 1t states:
Mrs. Burton was the. daughter OF
William j. Floto or Flotow, who be-
came established In Chicago as boot
and shoe dealer. She was married to
August HyIlested, q music teacher In
Chicago. from whom she obtained
divorce for dcsertion In Cook county In
1908.
"Prior to this divorce she had ac-
CURED considerable notority because of
fer relations with Charles T. Yerlxes.
Following the divorce she lived at
divers places in tho United States Eng
land and Europe at hotels, and her
record during these years. from 1904 to
1918. Is one of numerous and promIscu-
Gus relationships with divers men. from
certain OF whom she received varying
sums OF money and certain of whom she.
trnportuned and prosecuted for money.
Burton met her about 1912 or 1918.
At intervals until December. 1919, Bur
ton lived with her. and In November,
1912. he married her. BY February,
1920, their relations had become SO
strained that the decedent left her tenn
porarily, returning to live witt, her until
July. 1920. when he finally separated
from her.
Woman's Letters Are Found.
The answer recitcs that Mrs. Burton
had sent for storage to Burton Brothers
4 Co.'S place of business considerable
personal property. Including several
trunks. In one was found some two
hundrcd-odd letters" telling of sier life.
These letters and other memorandum
taken from the trunk are classified and
offered as exhibits to sustain the answer.
The answer continues
The decedent was profoundly grioved
and distressed at the facts revealed.
and u was because OF these facts that
nc came to the conclusion that his sepa-
ration should be final and under no
circumstance would he resume the re-
lations OF husband and wife"
Attached to this answer are what pur-
port to be copies of scores OF the
letters found In Mrs. Burton's trunk.
Much Of the correspondence relates TO
her association with Crstave Phillip
and copies Of legal documents in an
action brought by Mrs. Claire L. HyIIe-
sted against Phillip In the Royal Su-
prcmc Court OF Lelpsic, Germany. Mrs.
Hyllested Is identified rs Mrs. Burton.
In that case Phillip charges In his an
swer that 'shc was scheming TO become
his WIFE and only considered her in
iurcd honor after all other attempts to
cnsnarc him were useless" The case
was dropped.
other exhibits are letter uigned by =.
M. Power In London enclosing a poem:
from Fritz Brlnck from Ecins. France.
dated September, 1918; from Herbesthsl
signed Fred. and several letters said
to have been written by Mrs. Burton.
Noble, Morgan a Scanncl. counsel
for Mrs. Burton. objected to-da. TO the
executors taking charge OF the estate.
Mrs. Burton said last evening when
Informed In her home f0o Park ave-
nuc. OF the allegations presented In an
swer to her petition:
II am astoundcd by these statements:
they arc terrible. vicious Hes. The whole
charge Is monstrous fabrication. r
wish to repudiatc the whole thing
never before have heard any OF these
names excepting Mr. Hylicsted's. have
nothing to conceal In my life. II viii be
shown that there Is no truth In any Of
these allegations. All am asking Is a
fair share In my husbands estate. 10
which am entitled"