New-York tribune., 1922-05-25
Burton's Widow
Demands Share
In 5th Av. Land
Says Millionaire Merchant,
Whose Will She Contests,
Transferred Lord-Taylor
Corner Without Consent
Makes Firm a Defendant
StcpchiIdrcn Also Named i'll
Suit for Dover Rights or
Sum in Lieu Thereof

Mrs. Claire Louise Burton. widow Of
Frank Vincent Burton. millionaire cot
ton goods merchant who is contostiug
his Will in Orange County, filed a suit
in the Supreme Court Yesterday for
her dover right in q parcel OF property
at Fifth Avenue Thirty eighth Street
and Thirty y-ninth Street, IN which her
husband owned al undivided oue-hnlf
interest. This property IS occupied by
Lord & Taylor, which firm, and tine
children Of Mr.. Burton by a prior
marriage, are the defendants IN the
suit The individual defendants arc
Frank Y. Burton ir.. Van Duzcr Burton,
Mrs. Lucia Clark Burton Wing and
Mrs. Catharine Burton Eaton. Ms.
Owen Johnson, wife of tho nuthor and
another daughter OF Mr.. Burton, is not
mentioned as d defendants
Mr.. Burton made no provision for
his widow and in reply TO the contest
of the Will which she fled in Orange
County, il was declared that Mr.. Bur
ton left certain documents indicating
that his wife was an lntcrnatlonal ad
Venturcss before she was married 20
him III November. 1919.
Mr.. Burton, according to his cx-
ecutors. WAS also quoted a saying that
he had given her sufficient securities
TO yield her 100000 a year. and they
entered into an ante nuptial contract
that neither was 10 share in tho estate
Of the other.
In her present action Mrs. Burton
refers 10 her objections TO the probate
Of the will of her husband. She says
that he owned d half interest in
the Fifth Avenue property and that on
March %, 1920. Nj. Burton. without
her knowledge ard without asking her
10 loln in the transfer decided his
interest III the property in considcra
ton Of 81 to his children 1t was not
until April l.. 1922. more than a month
after the death of Nh. Burton, says his
widow. That She learned Of the trans
ter. She asserts that she is entitled
70 one undivided sixth part for her
life, as her reasonable dover.
Mrs. Burton relates that on Nav %
She demanded Of Lord & Taylor that
this interest be signed to her. but
that her request was refused Lord {,
Taylor, the plaintiff says, occupy ard
claim title TO right in possession Of
the premises or some part Of it, which
rght. Mrs. Burton charges. IS subject
20 her right OF dover.
The property i'm which Mrs. Burton
claims an interest was mortgaged. she
says, for $500 600 80 the Title Guar
antee and Trust Company winch in turn
'rantferred the mortgage 20 the Pru-
dental Life Insurance Company. She
says there is still due on the mortgage
$40 900. The relief sought bv Mrs
Burton is that she be declared entitled
to dover that a referee be appointed
70 decide what her interest amounts
TO- that the property be sold, thai she
nave an accounting Of the profits and
her dover interest that she be given a
gross sum.
Mrs; Burton is daughter of VII
nam j, floto, former Chicago mer-
She failed in an effort to have her.
SER appointed in Orange County as
temporary administratriT o. her nus
oahd's estate, former Governor Ben
1amln 3. Odell, Arson J. Fowler and
: S',n''.. onn =. Wilkin being appointed by
surrogate Smith as temporary admins.
traitors.