National Republican. (Washington City (D.C.)) 1872-1888, 1875-10-12
A REMARKABLE LAWSUIT.
Ltgsncy from George III-How Fenimors
Cooper's Father Became q Landed Proprie-

A Legsney from George III-How Fenimore
Cooper's Father Became a Landed Propris-
toI-The Rev. Mr.. Hsrtwick's Will.
The HaItwick Seminary is an institution Of
theological learning in the town Of Hartwick,
OtseRo county, State Of New York. It was
founded In 1916 pursuant to the last will and tesla
ment Of the Rev. John Christopher HartWick, q
Lutheran minister from Saxe-GOtha, In Germany
who came to the American shores as chaplain to
body fGerman soldiers In the service of England
during the French and English war. HartWIek
obtained license from the English Government
to buy lands from the Indians, and for one hun
dred pounds received a deed coDIointIy with two
or three others from the Indian chiefs to q tract
Of twenty-three thousand acres Of land forming
plot six miles square on the west bank of the
Susquehanna river. This deed was su osequently
authorized anu rendered valid by letters patent
from George Ill in 176l.
Hartwick's share Of the land was 1900 acres
He retained this thirty years. and then placed
1900 acres by power Of attorney in the hands OF
William Cooper, father OF James Fentm0rs the
novelist, with the right to lease and otherwise
dispose CT it. Cooper's disposition of It such
that course OF time be became sole proprietor Of
Il. CoOperstoWn is said to be founded on part Of
this tract.
HaItwick retained ownership Of only 3, 900 acres,
an acre. This he devised, together with his per-
sonal property, consisting Of bonds and mortgages,
notes and stocks, for the foundation Of theologi-
cal seminary at which orthodox Lutheran doc
tTines should be expounded. He had previously
intended TO establish q town upon his land, break
ing It up into small farms, Of which the tenants
were to bind themselves to accept him as their
pastor, to attend regularly at 'divine service and
Instruction, performed and given'' by him, and to
assist in building and supporting church and
quence Of Cooper's alienation Of the land.
Hartwick was very singular man in many re-
spects. Unfortunately for bis pious purposes, he
drew up his own will, and made an extraordinary
mess OF IL. He wrote to q distinguished lawyer Of
that day, CPeter W. Yates asking him his opin-
ion Of IL, and was assured that It would
"NoT STAND THE TEST OF LAW"
being illegally defective In every page and almost
every sentence" He was advised to have o new
will drawn up, but he did nothing further than
make the old will still worse BY adding another
incongruous codicil to 1t. He died in 1895, aged
81. Hardwick was never married. He was said
to have had q great aversion to female society,
but he enjoyed the friendship Of distinguished
laers and Mullen berKs.
The will opened thus:
Emmanuel, to Thee, Jesus Christ, Son Of God
and man, head of the Church, OF which have
been made q member by being baptized In Thy
name, and to whom have sworn allegiance at
my confirmation, whose servant and minister In
the Gospel have been consecrated at my ordina-
tion, whose am and whom serve with all my
power, faculties and estate, both alive and dead
Il Ia on account of this last that take the liberty
of willing this humble address to Thee" SC.
It has eight codicils, ofwhich the FIRST, pursuant
ont IN town, closely built to Be called the New
Jerusalem, with buildings and hall for q gym
nasium, which he calls GymnGsfuB EoGngeIt-
cum Ministeridle pro propGgGtioHe EvdBgeLicGI
ChristiandI relieionis infer GentilsS.
The last codicil appoints Frederic Aug.
Muhlsnberg, then Speaker OF the House Of Repre-
sentatives, executor and president Of the society
for establishing his seminary.
The heirs-at-law Of Hsrtwick made no trouble,
for they made no appearance. Nevertheless, it
was twenty years before Hsrtwick Seminary, the
Oldest theological institute IN New York, was set
on foot Since then IL has prospered. Hartwieks
personal property was wsrth nearly nfteen thou
sand dollars, and the value Of his land has of
course increased hundredfold, being to-day esti-
mated to be worth nearly million.
And now, sixty years alter the foundation Of
the seminary, and eighty after Hartwiek's death,
q o heirS-lt.iaw step forward to claim their prop
erty. Twenty seven in number, they live in the
dukedom Of Saxe-Gotha, In Germany, where
John Christopher Hartwlck himself was born,
and are as poor as poor can be. The husband OF
one Of the female beirs-a man by the name of
Mepg-with powers Of attorney from all the
others, has come to New York to institute suit
and has retained VIM. II. Duryes, the lawyer
who Is prosecuting the great VslIIere suit for
million ald a half acres Of land In Arkansas to
pr esspt the claims OF bis wife and the other heirs
Tho action Is Dased upon the legal defects 10 the
will In that the land was not devised to particular
persons In trus. for the testator's purposes and
upon the consequent rights Of the heirs-atlaw.