The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-02-03
The Pultney Kst.te in NEW YORK.

1
SOLUTION or THE SENATE OF the 8rH JANUARY.
ArroRREv GsSERAL's OrrIcE,l
To Ms Honorable the Senate Of the STATE Of Nep York:
Tte Attorney General has the honor to submit tn
Senate Of the sth of January instant. '"'
1t appears by the records in this department, that
the joint resolution OF the Senate aud
eembiy psssed April 10th, Is4S the Hon. Ambrose L.
jordan late Attornsy General the l2th day Of April
1s49, commeLced an action against Henry vsrng I'D
John Carmel 10 eject them from lands situate 10
county Of Delaware; another sganst Allen Batter, Jr
TO eject lin from lands situate In the county of Seu
BEN and ore sgsnt William Arnold, to eject him from
| lep ds situate in Livingston county.
On the FIRST day u May 1S4y, an action was COM
menced against Stephen Van Rensselaer, to eject him
against William p. Van Rensselaer,, charles b. Ian
fine Andrew White and James C. Bell TO eject them
ansveI OF the several defendants in these actions
by the late Attorney General thought to be Insult.
cien in law to bar recovery by the people aud were
The d,nurrers were argued by the late Attorney e.
neral by counsel employed by him for that purpose,
during the months Of October and November last But
judgment Of the court upon the demurrers has no.
been Ldered in either ease. F.H.
On the 7th day Of August 1910 an &C ion was oom-
nenced against fiarman Livingston to eject him from
lands situate in the county OF Columbia Issue has
been made therein, and the cause noticed for trial
On the first day OF November last suit was COM
menced agspstGeorge Clark by summons to eject him
from lands situate In Montgomery county On the 10th
copy the complaint in this action but by stipula
ton tte Attorney General has till the Goth
serve eaid copy plant The complaint In this
tion is now being prepared.
In to that part Of the resolution Of the Senate
which ssks for opinion In relation the necessity
OF further legislation to secure tss objects conte
plated by the joint resol0tion OF April 40 lsiS,
spectfuiy submit that as yet have IT had time
portuuiy examine the questions involved Ia the a-
uons commenced by my predecessor and now pending,
nor do feel 1T liberty 10 answer this call OF the senate
ON my own responsibility. Confidently relying how.
ever on hir JordaL's known ability lawy and in
tegIity as man must act the assump ptou that
the actions commenced by him mertorieus, and
should be faithfully prosecuted speedy
and shsi therefore, prosecnte tnem trial and ii
needs be- TO final adjudication in the court OF last
retort. e
suggss have beep made to me- that while tn asa
Danoral titles un iergoirg Judicial Investigation
under the joint resoJtien OF the two houses Of
Legislature collection OF rents leases aud principal
ana interest on contracts Sf sale. should cease, aud
should be restrained by legislative enactment This
to be JUST for II the claims OF the
State shs be finally established aud the pretended IL
tie ofthe landlords BE- void for any
tenants will have paid money TO which the landlord s
not justly entitled; ana being voluntarily paid
claim OF right, can never be recovered by the tenant
therefore recommend that act be passed with pro-
per provisions to protect the interests Of ali pArsg
either that such rents principal and interest
borne, without working forfeiture OF the estate
the final determination of the suits pending or
hereafter to be commenced under the resolution
taid that they be paid to Receiver
eeiveIs or be deposited in some bank or banks to be
held In trust until such final determination OF the
suite, and Of the questions involved Ia them
am iEtormed that action has been CONNIE need
and is now penoing In behalf of the people, iayoyng
the title Of the State under the law Of escheas
etssts known tine Pultpey estate rhis suit r. IA
the hands of Robert Campbell Esq, Of Bath who has
the charge aad management Of IL. 10 the name Of the
Attorney General under special appointment by the
(iov.ruor From the best in,ormaiim m nave beeo abls
to obtain relation TO this SUIT h&vs doubt tse
aid Vi The Legislature has become necessary to the fur
ther prosecution of it. Many Intricate aud compn
Gated s questions are involved Ia the controversy
aud much Of the testimony relied oy the State Il
be found (f found at sli in London aud Edinburgh,
aud be sought for among the records of Doctors
CtmIDons and the ecclesiastical courts Of England add
Scotland
Witresses must be examined Ia London and Scot
land ana their evidence should be taken under the d.
recion "a skifu lawyer of undoubted integrity, TO
be specially deputed for thst purpose by the State go
vtrnmtnt IL may not be improper In ofde. to enable
the Senate TO form correct judgment Of the propruty
Of maf.pg an appropriation for the purpose Of pro-
curit n necessary testimony IN this cause tor to
fubmr such facts within my knowledge connect.
ed with this Puitney estate, TO your honorable body
1t s matter OF history that Massachusetts, originally
claimed pre-emp title TO large part Of Western
New York. and this claim was The subject Of comrro-
misc between New York and hassachusests think
in l5sS, joint commission was created by the two
staie and the boundai-s Of the Massachusetts, lands
defined by the commissioners. Soon after, and thnk
in the year Massachusetts sold her interest in
this large tIaot to Phelps and Gorhan. who n short
time subsequently conveyed IL to Robert Norris, OF
fhilaeelphis About this iinae' Mr. wiiiaDsoa q
william rultney as Is supposed and after bee ooing
citizsn under our naturalization laws, took convey
auce himself Of the ihelps and Osrhsn purchase
from Robert Morris but In secret trust tor Sir William
Pultn.y who incapable Of holding real estate ia
ths state being a non resident alien In l79s, VIII
Hanson IVES smsmeer of the Ii gisature aud procured
the passaK- CT Law to enable aliens 10 purchase aud
Lod estates within this State which BY It's terms
was 10 continue In force three years lhis was the
Of long series OF legislation for the
exclusive brsdt OF the nobility OF foreign countries
and which has literally made th, hsrcy pioneers Of our
beautiful wet and their descendants, Viewers 81 wood
and drawers Of water" TO n pampered aud dissolute
aristoeiacy abroad Under this act Williamson, three
dfJt b fore t expired by It's own Limit atiOn conveyed
" the rutney esiaten TO Sir William Pultney the con-
sid,Taton expressed in the deed beipg one dollar
Sir ildsm disd in lse5 iDtesta.e as 10 Is alleged
LEAVING Henrietta Laura Pultney, better known rs tie
Counties of Bath, his only heir
1905 Lady BAH Gisd without issue, AID intests.e
as 10 TIE cal estate Of shieh che died seized
made will, It 10 alleged of her personal estate sply
er heir said 10 be sir John Lowthsr Johnstone ~
Scotland 10 tef ms that the refsuns who oained ths
estate by descent did not suppose TIE act OF lIes
60 be sufficiently comprehensive 20 secure the tte 90
ths m ana iD lSt1, procured act 70 b. passed by
COCO nstuIs ssture expanasory Of the act Of
sscuIng the estate 10 the heirs and devise,s of tbs
Sir John Lovthsr Johsstsns died In 1911, without
isgue, but s said he made deed a disposition IN
scctlaud and viii In London deyifiDg this Paiiney
ttate Ia fee TO Ernest Augustus Duke CT Cumberland
Nasterton IRE atd Andres Csthcsrt, (Lord hilowayJ
IN irut nrst 10 and discharge the debts aud
dnchsrse tbe debts ard incaa ire his Engish
ana Sd to purchase eopJ bold estates to
ms estates in Scotland and drec ga his trustees speedily
% SCI the lands ct auction or sale and cluse the
Nearly hslfs century has elapsea aud the trust
apparently ss far from beiug closed as i -as vhsn
SIR Jthn LOuthsr Jobpstone expired. Why IL Is kept
foct be best explain ed b. the trustees who are
nBuslly graihed By pripctly Temittaose from the
here ana Oy thofe DO daily grown
rch and poxeIful by Of their tuaon as agents
Who are tae cesf g trusts new la being is uoknorn
Whether single scion Of that encs possrfsi snd
naughty family of PaltDsy lives to inherit ~ vast part
moIy here and represent s snciest glory at home u
60 ts seated book. But known that the old aud
disOute hing OF Hanover with his trustee Master.
ton re. stll live TO erish the hsrdtoiug ferub
hcans q Steuben and other counties, by yes ~ Ivy
OF sloo eco their Industry This estate Is ssd g. 5a
valued OF over 81 tcooo0; miion aud hail Of ~hich
L. dIasiDg an interest Of seven per cent naaliy
which is tent abroad to pamper the lordlings OF
the cd world without paying one dollar of tssation
TO partially relieve the burtneBs OF those WAC psy
10 is most remarkable feature In the lsgil-
lation CT this state, that every act passed Ia
tioE TO the large estates held by lords abroad and pat
rotns at home has been TO secure some interest 20
uend sCme loop hole in the title Of the proptisor
at tie cxpense Of the laboripg thou.ands. VINO ars
obliged 10 wofk and required TO pay. The Western
estates have been irne nsey Increased In by
oTsptDg of canals railroads, aud other facilities OF
oommunicstion; this Puitnsy property being doubt.
lees uebsd In value by this means. md who pad
whence have the means been dsrivsoi answer. not
enc dollar have its pTopretors c-Dtribatcd By var
taxation; aud nov " this tsrcy justice should be
acted cf them doubt not Its ayepts would be busy