The New York herald., 1877-07-08
THE JUMEL ESTATE.
Decision Rendered by the United
States Supreme Court.
BOWEN RULED OUT.
Chase and the Perys Left in UndlS-
turbed Possession.
NINE. JUMEL'S TRANSFERS.
What Constitutes Legal and nle-
gal Conveyance.
BOWEN RULED OUT.
NINE. JUMEL'S TRANSFERS.
WASHINGTON. july I. lsl

WASHINGTON, July ], 1871
An important opinion, oil special interest to New
York, handed down by the unitod States Supreme
court Yesterday 1t settles the controversy concern
ing the celebrated Jumel estate in the city OF New.
York, and Saratoga also, by throwing OUT the claims
OF George w. Bowen. VINO, by virtue OF u de-
csion rendered by the Circuit Court OF the
United States for the Southern District Of
New York, attempted TO eject Nelson Chase his
wife and the two Perys from the possession OF the
vas, property left by stephen Jumel. According to
the present the decision OF the Circuit Court
Is aside and Bowen scarcely disturb the Chase
family by further suits. Tho opinion was delivered
by Mr.. Justice Bradley and is as iollows:-
TIE JuMgL SUE
George W. Bowen, appellant, vs.. Nelson Cnase,
Eliza Jumel Pcry and Paul X. q. Perry, her husband,
and William l. Caase-Appeal IRON the Circuit Court
Of The unted States Tor the southern ps,rcs oi New
which filed IN The court below by the
appeiIees. were TO establish their TILE TO Ger
tain lands in the city oi New York, known as the
stephen Jume property, ana TO rnJoD the appellant
from prosecuting certain actions o ejectmen, one
brought by him the property above named,
and the others TO recover lands IN Saratoga be-
longing to the late Madame Jumel widow OF stephen
Jumei and claimed by appellees by way OF satls
faction ior certain charges against her estate ~ well
by conveyance from her supposed hers children oil
n deceased sister.
Of Broadway and Lbory streets and OF several tracts
OF land on Harlem Heights, in the upper part OF New
vcyances, the greater portion OF this property was
conveyed TO Que MicnaeI werckmelster upon the fol-
lowing trusts, namely
In trust that the said party OF the second part
(werckmeiser) and his hers collect and receive the
rents issues and profits OF the said above described
and hereby conveyed premises and every part and
parcel thereof, and pay over the same unto ELIZA
Brown Jume uhc wife OF Stephen Jumel, late OF the
city OF New York OF Paris, In Francel or al hor
election suffer permit her to use, occupy and
possess the SAID premises aud 10 have tase collect
rprel ana m hp
inr her own separate use anu dement,, ana
and Tor such otner uses and purposes as the SAID
I 'zi Brown Jume shall please and think 1T, at her
Tree Will and pleasure and not subject 10 The con
o interference OF her present or any future hus-
Dand, and the receipt and receipts OF her, the said
Eliza Brown Jumel, shall, at all tunes be good aud
sufficient discharges Tor such payments and ior such
part his heirs, executors and and TO the
person persons who are or shall be liable TO pay
The same ana upon this further trust thai the
said party OF the second part or his heirs lease,
demise. let, convey, assure and dispose OF ALL and
singular, the sad above described premises wi
their and every of their appurtenances, to such
person PERSONS for such term or terms, on such
rent rents, tor such price prices, ut such time
times TO such uses. ntents or purposes aud such
manner form, rs she, the SAID Eliza Blown Jumei,
Notwithstanding her present or any iuturc covcrture
as II she were feme sole, snail, by any instrument In
witnesses, order, direct, limit or appoint
aud of absolute sale OF sad premises, OF
any part thereof TO pay the purchase money 10
tue said Eliza Brown Jumel, or invest The she
snail order and direct; and upon this turner trust
upon the deceaSe OF the said El.Za Brown Jumel TO
convey the said above described premises, or such
parts thereof shall not have been previously con-
veyed by the said party OF the second part. or his
heirs, ana with respect TO which no direction
appointment shah be made by tho said
Eliza Brown Jumel in her lifetime. 10 tho
heirs OF the said Eliza Brown Jumel IN
simple; aud pay over to the heirs oil the
sand Eliza Brown Jumel such moneys as shall remain
IN the hands or uLder the control the said party OF
The second part his heirs. arising from collections
OF the rents and profits or OF the proceeds OF the sales
Of the above described premises or any part thereof
MME. JuMEL's TRUST DEED
On the 2lst day OF November, 1928. the said Eliza
Brown JumcI by deed duiy executed as required by
the trust, made an appointment OF all the lands con-
veyed IN trust In the following terms, TO witt
snow l. the said Eza Brown Jumel, do hereby
direct order, limit aud appoinl thai, Immediately
after my demise the said Michael Werckmester or his
hers convey all and singular the said above scrbed
premises 10 such person or persons aud 70 such
and purposes the said ELIZA brown Jumel, shall
by my last will and testament, under my hard, aud
executed IN the presence OF two witnesses,
designate and appoint aud for want thereof then that
he convey the same TO my husband stephen Junc, in
case lie be living Tor anu during his natural HE, sub
ject TO an annuity. to be charged thereon during his
said natural liie OF 5000, payable TO Mary JumH
Bownes, and alter the death OF my said husband III
case he shall not survive me, then immediately alter
my own DEATH To her, the said Mary JImel Bownes,
and her hers IN lee.
WHAT BOWEN CLAIMS.
1t on this trust aud appointment ;hat the appeleos
rely as the foundation OF tner title 70 what gen
orally known as the stephen Jumei estate Mary Ju
mel Bownes, the appoptee OF The residuary estate.
the adopted daughter or protegc OF stephen Jume
and Nine. Jumel, his wife, and the reputed niece OF
the latter. In 1882 Mary Jumel bownes became the
wife OF Nelson Chase and mad nirn two children n
Eliza Jume Perry and William l. Chase, appeees IN
the case She died IN 1915. leaving these children
her sole heirs at law IN virtue OF which they claim tue
to tho estate. The appellant claims 10 DO an iliegt-
tmate son OF Nine. Jumui, born IN 1884 be-
fore here marriage with stephen Jumels and by virtue
oil that relationship, and oil a statute oil New York
passed 1855 enabling legitimae children to inherit
from their mother, he claims TO Dc hor sole heir at
iaw. He Tessis various grounds no caim oil Mr..
Chase and her heirs under the appointment Farsi,
he contends tbat Nine. Jumei took legal estate IN
Ice simple by virtue OF the trust deed. But II not,
then ne contends secondly, that by certain convey
ances appointments made by Nine. Jumcl under
The powers contained Ia the trust deed Tue appQln
menl in favor OF Mrs Chase displaced ana super
seded by other estates wucn enured to Nine. Jumel
THE coNvEyAScEs AND APPOINTMENTS.
The cohveyanccs ana appointments referred to under
the second head are the ioliowing:--
Ftrst-A conveyance to Alexander Hamilton by
werckmeister the uastce. at the request and by tho
appointment OF Nine. Junel dated The lou day ol
January 1854. OF ninelyour acres OF and at Harlem
HeghIs ior The expressed consideration OF sl5, 000
On the 2st day Of October IN tie same year, this prop
ery reconveyed by Hamilton 70 the trustee upon the
same trusts declared Ia the original deed OF trust
Sscond-A conveyarcc IS The trustee, at tho IN
stance ana appointment OF Mime. Juule., made on tho
10th day OF August 1872 TO one Francis Pnippou, Of
large portion oi tue estate or the expressed
eraliun OF $780, 900, aud reconveyance OF the same
property, on tue same day NY Pnnhppvn 10 Nine
Jumcl ~ lee ior the expressed condtion OF ST.
Besides these conveyances, in 1850, lot OF thirty
nine acres, bcins part oi the property Harlem
Heights vas sold and conveyed TO AMBROSE w. Kings
land ana IN 1883 another lot o three acres, 10 isaac
=.
been made to actual purchasers os valuable sdera
lion.
THO eject Of these various deeds and conveyanres
10 be considered. and FIRST, that Of the trust
deeds executed 10 Wcrcknesier IN 1927 anu ISIS
There Two OF these deeds but the trusts ia both
were precisely the same The hnitation OF TINS trust
very cicar ana pan, being oI hie estate the
separate use OF Eliza Brown Junel tknOwn AS slm
Jume) with general power oil appointment curing
her lifetime, anu, ON iauro to make such appoint
incnt. to h.r heirs In Tee simple
LEGAL KFYEcT OF MME JUMEL's APPOINTMENT.
The counsel or the appellant contends tnat this
trust amounted TO use OF The lands, and that
the old auteDi uses ana trusts II operated TO yost
the legal eslc IN fec IN me. Jnme. Bui think
that the authorities are very cear that where trust
A. thus created Tor Tie benefit OF married woman lOr
the purpose giving her the separate controi
ol laras free from The control OF her husbaGd win
be sustained since TO merge the trust the legal
estate or, to speak more properly, 10 convert
IL INTO legal estate, would Lave the ellcct
OF placing the property 10 the husbauds control by
ytr,ue of his marital rights and would thus dele the
yery purpose OF the trust (Burtou vs. Bartun, I
r H., o53; Cornish On Uses, 90 section O knc Va.
fcorre 81 PENN Jos. The legal effect the appoint
mcnt made by Nine. JumeI IA November, ISIS, We do