The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-02-17
FREEZING HIM OUT
Joseph G. Heider's Expert
enCe With an Austrian
Princess.
A REAL Estate TRANSACTION.
The Princess Takes Down Doors
and Windows, But Heider
Will Stand 1t All,
He Says.
A REAL ESTATE TRANSACTION,

A decidedly interesting legal battle was
brought to light in the Greenville section a
few days ago, when Mr.. Joseph G. Heider, a
well known resident, instructed his lawyer,
Robert Carey, to bring suit to recover one
thousand dollars, which he had given as
part payment in the purchase of the three
story frame dwelling house, No. 1S2 Dan
forth avenue. Heider purchased the house
in question early last month for $500 from
Mrs. Pauline Benate, who resides there, and,
as an evidence of good faith in the transac-
ton, he paid the aforementioned one thou
sand dollars. The final payment on the
property was to have been made
last week and not until the
day before the payment was
due, did it occur to Mr.. Heider that it would
be desirable to nave a search made of the
property, and he engaged Lawyer Carey to
examine into the history of his new pur-
chase. As a result Mr.. Heider escaped losing
the $500. The search revealed the fact
that Mrs. Benate had no interest whatever
in the property and disclosed how for the
sake of SS5 she had lost control of it.
HEIDER MADE IMPROVEMENTS.
In the meantime Mr.. Heider had moved
lllUO buc pIchlScS. dnOWluS mIo Dtu0US dllu
her husband Christian to occupy two small
rooms IN the top floor. Heider also spent
between four and five hundred dollars in re-
building and redecorating the portion chat
he took possession of. When he discovered
that the title to the property was defective,
he promptly called upon Mrs. Benate and de
manded that the one thousand dollars which
he mad paid to her be returned to him, as
she had declared that the property was free
and clear. Mrs. Benate refused to return
the money, and Mr.. Heider instructed Law
yer Carey to bring suit, to recover the
money.
Mrs. Benate engaged as her counsel Col
Inns q Corbin, who after examining into the
particulars of the case, realized that it
would be folly to defend the matter in the
courts, and advised Mrs. Benate to return
the money to Heider. This she finally did,
but nothing was said of the additional
money Heider had spent in repairing the
house until Mr.. Heider demanded that this,
too, be returned to him. The matter was
finally compromised by Mrs. Benate giving
Heider privilege to remain in the house un-
til March l.
HEIDE OUT.
Heider is now sorry that this privilege
was extended him, as Mrs. Benate is making
every effort to make his stay as uncomfort-
able as possible. Last week, when the mer-
curry was crawling down to the zero point,
Mrs. Benate engaged a carpenter and had
the cellar doors taken from the hinges and
carted away, making Heider's apartments
as cold as a refrigerator. But Mrs. Benate
did not stop here She also moved the hall
door at the rear of the house, and took all
the knobs and locks from off the doors in
Holders apartments. Next week Mr..
Heider anticipates that she will remove the
sashes in the windows. Heider, together
with his wife and three children, have been
having a decidedly hard time of it since
Mrs. Benate began her queer actions.
Mrs. Benate is noted for her eccentricity.
1t is said by those who. ought to know that
royal blood flows in her veins; that, in fact,
she is an Austrian Princess, and a member
of the family of the present Emperor of
Austria. She is unable to read or write
English, but can converse very 1uently in
German and French. Runor has it that she
is tile owner of a large amount of property
in Williamsburg and New York.
DAWSON'S SUIT.
The story of her connection with the Dam
forth avenue property is an interesting one,
and covers a period of six years. In 1885
| she commenced the work On the house, and
| at its completion was indepted to one Joseph
Dawson, a carpenter, to the extent of eighty
five dollars. When Dawson presented his
bill she refused to pay it, and the carpenter
brought suit in the courts and received q
| Judgment for the amount from Judge Ran
dolph. At the trial Mrs. Benate claimed she
paid the bill and explained the absence of a
receipted bill by declaring that she
always cut notehes in a piece OF
matters, and brought to the court room a
carload of lumber, which she submitted in
evidence. Even after Dawson secured the
Judgment Mrs. Benate refused to pay the
amount of the bill, and Dawson seized upon
her equity in the property owned jointly by
her and her husband. This State, however,
still follows the old common law regarding
the holding of estates jointly by husband
and wife, and Mrs, Benati under that law
could take no active interest in a.sale of the
Danforth avenue property until her hus-
bands death, when the sole control of ii
would revert TO her. Consequently Dawson
could not press his claim nor take possession
of the property until Mr.. Benate passed
away.
DAwsoN's VII
Dawson died, however, shortly after he
secured the judgment, and left a will be-
queathing all his interest in the Judgment to
one Helen Hurley for life and in fee to her
daughter, who at present is fourteen years
old. Dawson also owned considerable other
property, and shortly before his death he was
induced by a man named Taylor, in Hobo
ken, to will all his property except the Green
| vile parcel to him. Now Mrs. Hurley is
endeavoring to secure this property. She is
a friend of Senator DAILY, and her interest is
being looked after by him. The whole
matter will be shortly reviewed in the
| courts. Mrs. Hurley, of course, cannot have
the Judgment secured by Dawson satisfied
| until Mr.. Benate's death, when Mrs. Benate
| will become sole owner of the premises.
Some time ago an effort was made in
chancery to have the Dawson Judgment set
| aside. and an examination into the sanity OF
Mrs. Benate was ordered. A number d
| medical experts declared that Mrs. Benatt
was of unsound mind, but the proceeding
were dropped for some unknown reason.
Mr.. Heider is specializing on the next
scheme she will resort to to- annoy him. HI
declares that he will remain in the rooms
until March l., even if he freezes in SO doing.