The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-25
Supreme Csuxt-speeial TsFxnl
Before Hon. Judge Mitchell.
The xORRIsANIA PROPRRTY


SEPT. 2.-M the matte of the pct i,on of IVl1iosn
H. Morris and his ch,dren relatsus % asd, devised
by James Morris, deceosed.-The petition In this
matter sets forth that James Aorrs, deceased, late
Of Morrsania, among other devise, IN his win dated
1926, gave certain lands in Morrisdnia to hs sx.
ecutors in trust, to allow his son. William II. Morris.
to take and receive the rents ssuss and profits Of
the estate, without impeachment q waste, during
his Datura life, giving also to his said son power
to devise said estate by will to III of his children
as ne should elect; and in case Of ~ allure to make
such will then the premises to go to bis children
equally; ana IN case of his death without leaving
children, then 70 go to Richard. -AeFyiss From o
appears to have been charge q sio5SS made spoS pom
William H. Morris share Of his fathers estate 1he
petition further states, that acting nhd6 T4lief
that he the owner of the fee in said preises "a
said W. H. Morris, since the Morrisana properly has
come into 20 great demand as at present, has sold
many lots OF land in those premises giving warrantee
deeds for some and contracts to sell for Others and
that the fact of his being possessed Of life estate
only in said premises has only recently come to
light, after vast number OF lots has been sold and
improvements to . very large amount made thereon;
and that the premises In question adjoin other VII
lagos in most all directions. nkHrew
And the petition further states that an act the LIE.
gslatme was passed at the las. session. authorsing
the Supreme Court on proper facts being presented
to them, to order sale Of the lots sold or con
tracted to be sold to be made by referee acting in
behalf ofthe children 0tWillism H. Norris and deeds
to be given by him and William Morris. Such salea
to be made at the just and fair valuation OF the land
with the improvements to be submitted to and con-
frmed by the court. The prayer of the petition con-
forms to the act. The petition is lengthy, setting
forth all the facts OF the case, and details Of sales &c.
and stating further that Richard L.. Morris, the
manderman, had released a.. his interest 70 the said
William II. Morris.
This morning an application was made to the Spe.
cial Term hold by His Honor Judge Mitchell, In pur
suance of the prayer of the petition The case was
opened by Mr. Robert c. Enbree, attorney for the pc
titoners, and argued by Mr.. George Wood counsel,
who in the course of his remarks stated that he had
examined the act of the Legislature, and satis
fed that no constitutional objection whatever existed
in the act and that any relief granted under the act
would vest good title in the purchasers; in which
opinion the late Judge Jone. and Mr.. Charles O'Co
nor fully conceded de therefore moved the court 70
grant reference to take proof of the truth Of the
facts stated in the petition and If the referee should
be Of opinion that The facts were sufficiently proved,
then that he proceed TO take proof of the values Of
the respective lots for which he should have offers Ia
purchase, and report the same to the court. Mr..
Wood also stated that Nm. Fl. Morris had been led
into the belief that he had full power to dispose OF his
estate in fee from the fact that it amounted to what
was about equivalent to fee for every other purpose
than that of selling, and had probably been informed
that he had q fee from the $4,000 charge on his
estate. But as the difficulty had originated through
his mistake he proposed to save the purchasers from
himself harmless by paying all moneys required to
be invested for the benefit If his children under the
act Order granted as applied for.