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Surrogate Will of
Brigadier-General Henry Lawrence Burnett


I, HENRY L. BURNETT, a resident of the Town of Goshen, Orange County, New York, hereby make, publish and declare this my Last Will and Testament.

I hereby revoke all former wills by me made.

FIRST: I give to my wife, AGNES T. BURNETT, the house and premises No.7 East Twelfth Street, New York City, together with all the furniture, bric-a-brac and personal property of every kind and nature now in and upon said premises belonging to me. The providsion and devise herein to my said wife, as aforesaid, I hereby declare is intended to e and is so given to her in full satisfaction and in lieu of and for her dower and thirds, which she may or can in anywise claim or demand out of my estate.

SECOND: I give to my daughter, GRACE H. VON ERTZEN, now the wife of Colonel Victor Von Ertzen, now residing in Germany, Ten (10) Republic Iron and Steel Company Five Per Cent Sinking Fund Gold Bonds ($1,000 each par value); Ten (10) Central Leather Company First Lien Five Per Cent Gold Bonds ($1,000 each par value); One Hundred (100) Shares United States Cast Iron Pipe and Foundry Company Seven Per Cent Preferred Stock ($100 each par value); One Hundred (100) Shares United States Steel Corporation Seven Per Cent Cumulative Preferred Stock ($100 each par value), and Ten (10) New Netherland Bond and Mortgate Company Six Per Cent Bonds ($1,000 each par value).

THIRD: I give to my daughter CATHERINE OLIVIA GIBSON, daughter of my second wife, Sarah G. Lansing Burnett, now deceased, all her mother's jewelry and all the silver marked with her mother's initials; said Catherine Olivia Gibson now residing at Denver, Colorado; One Hundred (100) Shares United States Cast Iron Pipe and Foundry Company Seven Per Cent Preferred Stock ($100 each par value); One Hundred (100) Shares Central Leather Company Seven Per Cent Preferred Stock, ($100 each par value); Ten (10) Republic Iron and Steel Company Five Per Cent Sinking Fund Gold Bonds ($1,000 each par value); and Five (5) Minneapolis and St. Louis Railroad Company Four Per Cent First and Refunding Mortgate Gold Bonds ($1,000 each par value).

FOURTH: I give to my Executors, hereinafter named, IN TRUST, for HENRY L. BURNETT, JR., Five (5) Minneapolis and St. Louis Railroad Company Four Per Cent First and Refunding Mortgage Gold Bonds ($!,000 each par value); Ten (10) Republic Iron and Steel Company Five Per Cent Sinking Fund Gold Bonds ($1,000 each par value); Ten (10) Central Leather Company First Lien Five Per Cent Gold Bonds ($1,000 each par value: One Hundred (100) Shares United States Steel Corporation Seven Per Cent Cumulative Preferred Stock; the interest and income from the said bonds and stock to be paid over by my said Executors and Trustees to said Henry L. Burnett, Jr. semi-annually, until my said son shall reach the age of thirty-five (35) years, when all the said bonds and stock shall be transferred and paid over absolutely to my said son, Henry L. Burnett, Jr.

FIFTH: I give to my daughter, KATHERINE CLEVELAND BURNETT, Ten (10) Republic Iron and Steel Company Five Per Cent Sinking Fund Gold Bonds ($1,000 each par value); Ten (10) Minneapolis and St. Louis Railroad Company Four Per Cent First and Refunding Mortgage Gold Bonds ($1,000 each par value); One Hundred (100) Shares United States Cast Iron Pipe and Foundry Company Seven Per Cent Preferred Stock ($100 each par value); One Hundred (100) Shares United States Steel Corporation Seven Per Cent Cumulative Preferred Stock ($100 each par value).

SIXTH: I give to my son, EDWARD N.T. BURNETT, One Hundred (100) Shares United States Rubber Company First Preferred Stock ($100 each par value); Two Hundred (200) Shares United States Cast Iron Pipe and Foundry Company Seven Per Cent Preferred Stock ($100 each par value), and Ten thousand Dollars ($10,000) or one-half (1/2) of the Certificate I now hold for Twenty thousand Dollars ($20,000) of the Public Service Corporation of New Jersey.

SEVENTH: I give to my daughter, KATHERINE CLEVELAND BURNETT and EDWARD N.T. BURNETT, equally and jointly, my Farm of about Two hundred and three (203) acres, situated at Goshen, Orange County, New York, together with all furniture, ornaments and books in my residence there, all live stock, machinery, farming implements and all personal property of every kind and description owned by me and upon said Farm at the time of my decease; One Hundred and Fifty (150) Shares of the Tide Water Coal Company, Incorporated in the State of Ohio ($100 each par value), and Thirty-five Hundred (3,500) Shares San Toy Mining Company, located at Santa Eulalia, Chihuahua, Mexico.

EIGHTH: I hereby nominate and appoint HENRY BACON, of the Town of Goshen, Orange County, New York, and EDWARD N.T. BURNETT, now residing at Coachelle, California, as Executors of this my last will, without bonds.

I give and devise to said Executors IN TRUST, the sum of Five thousand Dollars ($5,000) to be used and expended by them in purchasing a plot of land in the Cemetery at Goshen, New York, and in erecting thereon a plain and substantial monument (granite preferred) over my grave, provided I shall not, previous to my decease, have purchased said lot and erected thereon said monument, THEN, AND IN THAT CASE, this provision to be void.

The remainderr and residue of my property, after paying all of my debts outstanding at the time of my decease, my funeral expenses and succession taxes, I give to my surviving children, share and share alike.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal at the City of New York, this twelfth day of January, in the year of our Lord, One thousand nine hundred and fifteen.

Henry L. Burnett



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CODICIL

I, HENRY L. BURNETT, a resident of the Town of Goshen, County of Orange and State of New York, hereby make publish and declare this to be a codicil to my last Will and Testament, dated January 12, 1915, in manner and form following, that is to say:

FIRST: In addition to the property devised to my wife AGNES T. BURNETT in and by the first clause of my said Will, I give, devise and bequeath to her ten United States Steel Company five per cent Sinking Fund Gold Bonds of the par value of One Thousand Dollars each, to be hers absolutely. This devise and the provision made for her in said last Will and Testament I hereby declare is intended to be and is given to her in full satisfaction and in lieu of and for her dower and thirds in my estate, and in lieu of any other claim of whatever kind and nature on her part against my estate.

SECOND: In lieu of the ten Central Leather Company first lien, five per cent Gold Bonds of the par value of One Thousand Dollars each, devised to my Executors in trust for my son Henry L. Burnett, Jr. in and by the fourth clause of my said Will, I give to my said Executors ten Republic Iron and Steel Company five perc cent Sinking Fund Gold Bonds of the par value of One Thousand Dollars each, to be held by them upon the same terms and in the same manner as they were directed to hold said Central Leather Bonds in and by said fourth clause.

THIRD: In addition to the property devised to my son Edward N.T. Burnett in and by the sixth clause of my said Will, I give, devise and bequeath to him two notes held by me against him. First: One dated Coachelia, California, April 15, 1915, evidencing indebtedness to me in the sum of Four Thousand Dollars, payable in two years from date, with interest thereon at six per cent per annum, payable semiannually, due at Goshen, New York on April 15, 1917, and secured by a certain mortgate dated April 15, 1915, conveying certain lands and premises in Riverside County, California, containing about forty acres of land, and recorded in Book 49 of Mortgages at page 108 in the office of the Recorder of Riverside County, California on the 26th day of April, 1915. And, Second: One dated the same date, payable in three years, evidencing indebtedness to me in the sum of Five Thousand Dollars, payable without interest at Goshen, New York on April 15, 1918, and secured by a second mortgage on said forty acres of land, dated April 15, 1915, and recorded in the office of the Recorder of said Riverside County, California, on the 26th day of April, 1915, in Book 49 of Mortgages at page 109, and I hereby direct the Executors of this my last Will and Testament and Codicil thereto to cancel and satisfy said mortgages upon the records of the Recorder of said Riverside County, California, and to deliver said mortgages and notes to my said son Edward N.T. Burnett.

FOURTH: I hereby nominate, constitute and appoint Russell Murray of the Village of Goshen, Orange County, New York, one of the Executors of my said last Will and Testament and of this codicil thereto in the place and stead of Henry Bacon now deceased, and I hereby appoint said Russell Murray and my son Edward N.T. Burnett, now residing at Coachelia, California, as Executors of said last Will and Testament and of this codicil thereto, to act without bonds.

FIFTH: In all other respects I hereby ratify and confirm said last Will and Testament.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this seventeenth day of May in the year One Thousand Nine Hundred and Fifteen.

Henry L. Burnett



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Interesting Additional Information

FROM STATEMENT TO SURROGATE COURT

Your petitioners further state that all the heirs, and all the next of kin of said deceased, and the persons designated in said will as executors, and all the devisees, legatees and beneficiaries named in said Will, or in any other Will so filed, together with their residences, so far as the same can be obtained with due diligence, are as follows, to wit:

Your petitioner, Edward N.T. Burnett who is a son and legatee of deceased, who resides at Coachilla in the State of California; Your petitioner Russell Murray, named as executor in the place of Henry Bacon, now deceased, who resides at 7 East 12th Street, Borough of Manhattan, City and State of New York; Katherine Cleveland Burnett, a daughter and legatee of deceased, who resides at 126 East 24th Street, New York City; Catharine Olivia Van Deusen, a daughter and legatee of deceased who resides at 4826 Tennyson Street, Denver, Colorado; Grace H. von Oertzen, a daughter and legatee of decased, who resides at Baek bei, Ratzeburg in Lanenburg, Germany; Henry L. Burnett, a son and legatee of deceased, who resides at 7 East 12th Street, Borough of Manhattan, New York City.



IDENTIFICATION OF HEIRS

Your Petitioners further state that said Catharine Olivia Van Deusen is named in said last Will and Testament as Catherine Olivia Gibson, but the said Catharine Olivia Van Deusen and the said Catherine Olivia Gibson are one and the same person; that the said Grace H. von Ertzen but the said Grace H. von Oertzen and the said Grace H. von Ertzen are one and the same person.

That all of the above named are of full age.

That the above named are of sound mind, except Henry L. Burnett who is of unsound mind and is now an inmate of Bloomindale Hospital, White Plains, New York.

That said decedent left him surving no widow, child or children, no adopted child or children, no issue of any deceased child or children, no father or mother, no brother or sister of the half or the whole blood except as above stated.



NOTARIZED IDENTIFICATION IN GERMANY

...Grace Hoffmann von Oertzen nee Burnett and Adolph Hartwig Julius Wilhelm Victor Sigismund von Oertzen, Major General, both residing at Baek near Ratzeburg, Germany.



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