Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-12-23

SAVAGE SQUAEE.
In e Title 10 that Property Defecsive.
RsPsrf Of DtsfrSef .fsfersss Cook.

OF The House Oh Delegates on the subject OF the
site of the new Northern Market, the following
special report, which he has prepared for the
Governor, in reference to the Savage square
property, adding: may furnish an additional
report in a few days"
WAsHIssToS, d. C, Dec. 10, 1871.
Governor IL have carefully examined the title
70 1.-THE western half Of square 5I5 i'm the city of
Washington; commonly called 1.-THE Savage
square To avoid mistake, procured Others TO
aid in the investigation. and compared NV alb
stract with the one furnished"the Market House
Committee" by W. III. Ward.
From the examinations IL appears that the title
IL defective or imperfect.
The defects commence In 1893 and occur At
various periods, down 20 the present. Some OF
them as disclosed by the records may be appro-
priately mentioned.
In the division between the commissioners ap-
pointed under he act of CongreSs approved july
18th, 179c, entitled - An act for establishing the
temporary and permanent seat OF the govern
mento the United States, )" and D0minick Lynch
and Comfort Sands, original propretors of
square 5l5, lots to 10 inclusive were assigned 10
Lynch aud Sands.
In 1888 Partition seehs - have been made
between Lynch and Sands, by which lots and
10 were allotted to Sands; hut there is no deed OF
record from Lynch of his joint interest as one of
the original proprietors.
.. Alexander Larmon, 4" as sole heir OF William
l.aTmon,' in 1872 conveyed lots and 10 TO Lewis
Johnston. but there Is not any paper OF record
To show that Alexander was +" sole heir"
3. on the first day of January, 1899 George
Lewis conveyed one-half of lots Nos ., H. Is
IL, Il and Is. to James Martin.
This deed is defective in its acknowledgements
having been made before a master in chancery
in New York.
4. In 1891 apartition was made between James
Martin and Martin Eastburn, Charlotte East
burn, and Ann Eastburn, as heirs OF Jane,
EaStburn.
This was in Chancery No. I54. James Martin
was allotted lot Is, and Martin Eastbnrn, Char
lOtte Easthurn, and Ann Eastburn lots 9, IA. I6,
u. IL. Martin Easiburn, on the 2ath OF Nav
1858, nveyed by quit-claim deed "all his inter-
est in lots Nos. 2, II. 16. L. and Is This con-
yeyance was TO George G. Caryerill. Charlotte
EastbuTn, on the 9th of October, 1S3S, convened
Ia David A Hall her interest in lots 3, IA, To- L.
Is, ami also her interest rs - one of the heirs
of Ann Eastburn. George g. CaryerIll con-
veyed to David a. Hall, November Is, 1888, all
his interest in lots Q, Is, 16, IL, lS
I. There is nothing on the record showing that
Charlotte Eastburn was " one Of The heirs of
Ann; nor whether Ann was married or unmar-
ried; nor whether she died testaSe or intestate:
nor as to the fact or time of her death.
2. If, however, Ann died after the date of deed
from Martin Eastburn to George q. CaTverill,
Nav -, 1893. one-sxth of the interest in lots q
IA, lG, II, Is would be still outstanding.
8. James q. Martin, ''ds sole heir" OF James
Martin, deceased, on the 11th of Nav, 1910, con-
veyed lot 10 to David A. Hall.
There is no evidence that James Martin was
dead; and if he was that james q. was '.his sole
heir"
g. On April %. 1867, Don Manuel Ma De Arce
and Don Jose Maria Glove, "as executors of
to WIN. Brent.
There is no will of Covachiche on record in
this District por anything TO show the power of
the executors to sell.
Z. Jane Lynch and Peter A. JAY, claiming TO
be executors of Dominick Lynch, executed
March 1879: power OF attorney to Henry NJ.
Merritt. in which they state that they had sold
lot Is, in square 5l5, TO Raphael Semmes, who
had executed deed of trust for the purchase
money and directed conveyance to Semmes.
the 18th Of May, 1881, Jane Lynch and Peter A.
jay. as executors of Dominick Lynch, convened
lot IS TO Semnes-releasing purchase money.
But no will Of DOminick Lynch is of record In
the District, or other evidence OF power in Jane
Lynch and Jay ito deal in his real estate;" nor
any a. TO who were his heirs.
:. July 3, 1850, deed OF trust from William
Kidd and wife to Henry NJ. Morht to secure the
pa ment of S216.IO.
There is no release of this deed on record.
.. Vim. Kidd and wife to David A. Hall, July
Il. 1850, for lot 4.
The acknowledgment is defective, having
been made before only one justice.
10. David A. Hall and Abbey L. Hall, his wife
on the 2ith of December, 1851 conveyed all their
property, real and personal, to Harvey Lindsey
and William Ii. Philip, in trust Tor the use and
benefit of said Hall and wife, or the survivor of
them, and, after the death OF the survivor, for
the use and benefit of the heirs of said Hall;
with discretionary power Of sale for the pur-
1. The description of the property in the deed
of trust is indefinite, requiring references to
other papers. and perhaps in some instances a
property was intended To be conveyed.
The words used in partare,-''An the right,
title interest and estate of them, the said David
A. Hall and Abbey T.. Hall, his wife, in and to
the land, premises and real estate whereof they
were seized, possessed or in any manner entitled,
whether in law or equity, situate, lying and
being IN said city OF Washington or elsewhere
located
?. The trustees, on April IL, 1859, subdivIded
original lots from II to 10 inclusive, of square
49, into thirty-six lots, numbered from % TO ca
inclusive. This was an exercise of doubtful
power. The trustees were empowered i'm express
terms TO sell for the objects Of the trust but not
3. The trust created by the deed OF Hall and
wife to Lindsey and Philip was special;-lmiting
the power OF sale to the purposes OF the trust. Ii
could probably be sold by them, for no other
objects.
1. Whether ii was sold for any of the purposes
of the trust does not clearly appear.
). 1t was from these Trustees that George
Savage derived his title by two deeds; one dated
June Cd, 1859. for "sub lots' % To 80 inclusive,
and the other dated July 1st, 1859, for "sub lSts
10 to CA inclusive. The validity OF this title de-
ponds on the points or considerations men
toned.
Titles resting on declarations of trust are
generally hazardous. = They advise the
purchaser that he is dealing with a person who
has not the beneficial ownership, and who can
convey TO him no title except in strict conformi-
~ with the terms of the trust. All the risk of
Misunderstanding the extent of the Trustees au-
tbority are deyolyed on the purchaser"
IL. On the 9Th of July, 1871, George Savage ex-
ecuted deed Of trust TO Walter s. Cox and
Martin r. Morris, of lots 40 to g., inclusive,
(''sub lots, TO secure the payment OF SIS 900 to
5. W. Owen. This sum is payable in from one 70
five years; five notes having been given for the
principal and ten notes for ssaif yearly install
| ments of interest, at ten per cent.
II. On the sth of July, George Savage con-
veyed to Mary E.Woodward and Ada A. Savage
the west half of square SIS. This conveyance
was for 'natural love and affection and ten dol
lars"
]. The description is different from that In the
deeds to Sayage;-foilowing the original and
general designation, instead the subdivision
/ Of lots made by Lindsey and Philip.
2. George Savage has no interest In the prop
| erty. The title, according to the record isuch
as It ISL Is in Mary K. Woodward and Ada A.
/ Savage.
3. Mrs. Savage did not join the deed to them.
her dover remains In the property. and their
title Is subject to the dover.
This completes the title, rs il appears ON the
record. To approve Il would be to Overlook and
disregard the defects mentioned, some OF which
are OF an important and serious character.
IL seems to me that the title to the ground ON
which the District proposes to erect costly strnc
lures should ~ far as possible be free from i'm,
peffections, 80 that possibte litigation and con.
troversies may be entirely avoided.
Such ie not the character OF the title IN s.,,..