New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-22
THE ELLINGTON HOUSE ESTATE.

THE MEMORIAL OF G. W. GUSTS LEE To ooNuhh''
NC ,r AM To THE ESTATE PROPOSITION TO
nprD THE PROPERTY TO THE UNITED STATES
UPON PAYMENT OF A JUST COMPENSATION.
The memorial of George Washington Gusts
Ioe son OF the late Robert Il. Lee which was recently
presented to Congress- has been printed ana reiereo w
the senate Committee the Judiciary. 1t sets forth
his claim TO the Arlington estate. and proposes 10 con-
yev 10 the United States upon the payment Oh Just
eompensaton, provided Congress passes law 70 pro-
vide for the adjudication OF his title ana 10 ascertain
the fair value of property. The petitioner presents
COPY OF the will of George W. Parke Custis VINO died
at Arlington in October 1857, In which, among other
things the Arlington House estate and other property
is bequeathed to his only daughter Mary Ann Randolph
Lee wife of Robert i. Lee, during the term OF her
natural life All the property left at her decease was
to 20 TO his eldest grandson, the petitioner, and
his heirs forever. Mrs. Lee having died in November,
49, the petitioner claims title to the Arlington House
estate under the will upon tho construction OF the
said WILL your petitioner" the memorial continues, is
advised that lie took estate in remainder after inc
Hfeestate of his mother. Mrs. Mary A. Lee Whether
1t was technically vested contingent remainder
upon construction OF the will may be question
OF doubt. II the remainder be contingent, your Pc
toner had estate in the property until the death OF
the feenant. If 1t vested remainder, he had no
estate in possession until that went" The memorial
then goes on to show how the United States obtained
the estate by purchase sale for direct tax assessed
by the Government The tax was s92 OF. with penalty
Of 30 per cent and the Government purchased the estate
for s26sO being not less than the taxes, penalty and
cost and per cent anuum interest on the taxes
Mr. Lee Is he is advised that all the objections which
an original urge against the title OF any pur'
chaser sale apply with increased force against
the title of the United States purchaser at sale
taxes made under its authority and by It's own
Commissioners The laws Of Aug. 0, 1861, and June T.
1869 are referred and urged that neither can
affect the present question The assessment was made
against the property Of a married woman. and the
reasons which the justification OF the law of 1852 Is
based (he relation of Virginia to the Government) 1t Is
held cannot apply to law for the collection OF a tax
legally made, the petitioner says he mas been uepriVeu
violation OF the Constitution, ana Without any conpeh
satiOn. Another OF the Is given as follows
Inc nnu was assessed, eei r tile IN remander
was NOT noticed The sale could by the terms OF inc
| the tax. The tax sale certificate Iectes the
| property as owned by Mrs. Mary A. r. Lee. IL
estate IN the land and he was IN no sense an
owner. n it vested it was an estate not in pos
that of the lfe-enan II offered for sale, he not an
| owner, therefore, within the meaning OF the law who
could tender the tax His right not being taxed, could
| not be forfeited for its non-payment The sale could
only pass the utmost the title of the fetenant and
pred and your petitioners remainder vests in pos
session, in title. This view is the more potent as no
made against your petitioner; no
tax imposed on or demanded OF him; and no prop
cry estate of his ever advertised for sale or sold
to the Government" Attention Is then called 10 the
constitutional rights OF citizens ana the Tact that there
sufficient goods at Arhngt0nto pay the tax without
selling land. As 10 the validity OF the title or the
United States, 1t is claimed that the Government cannot
have exclusive control and jurisdiction unless he state
consents TO the purchase several cases are ced ana
references made establish the petitioners right TO
the property, but he is willing TO avoid litigation and
allow IL to remain National Cemetery upon the pay
ment OF Just compensation, he IN turn executing
legal deed conveying complete ana Valid ue 10 the
| same to the United States.