The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-17
THE 100000 DUE MRS. ROSE.
nyRANT TRYING T0 AVOID Fay
WENT. HIS SISTER SAYS.
Mrs. Heloise Durant Rose Says This IN the
Meaning OF foreclosure Proceedings
on Property OF Forest Park md Land
CIV. W. WOrden May he Receiver

Rockes cashier OF the First National Bank
Of Saratoga, through his attorney. Senator
Edgar r. Bracket, has begun foreclosure
pro, ceilings on the property Of the Forest
Park and Land Company. which owns
many thousands OF acres of land in the
Adjrondacks. in the vicinity Of Blue Noun
tajn, Raquette and Utowana lakes. The
proceedings have been brought by Mr..
Rockies in behalf Of the bondholders. for
whom he il the trustee.
The outcome Of this proceeding will
have an important bearing on the result Of
the litigation which has been pending i'll
the New York courts for several years,
instituted by Mrs Heloise Durant Rose,
who lives at the River View, 14Sth street
ana Broadway, against her brother. Viii
lam West Durant.
MIR. Durant and Mrs. Rose are children
Of the late DR.. Thomas c. Dursnt, who was
one Of the founders OF the Credit Mobilier,
a director in the Union Pacific Railroad
and the builder and president, at the time
Of his death several years ago, OF the Ad-
irondack Railroad, which runs between
Saratoga and North Creek
Mrs Rose sued her brother to recover
her share OF the estate OF DR.. Durant, she
alleging that the brother had appropriated
her share TO his own use
The case was in the courts for long time,
but Mrs Rose finally sustained her allega-
lions and, on the report of the referee APP
pointed to take testimony and determine
how much was due Mrs. Rose from her
brother, the Court directed Mr.. Durant,
ILL ri.r - F1r h;
management Of the estate, to pay TO his
sister something over s70O,OoO.
He has failed, up to this time, TO comply
with the direction OF the court, and execu-
fions against him in New York. Saratoga
and Hamilton counties. where he was sup
posed to hold property, have been returned
nnsatisfied. 1t is supposed to be the
desire OF Mrs. Rose now to attach her
brothers body in the county of New York.
Since the finding Of the referee and the
confirmation of his report by the court, MIR.
Durant has seemed to have taken pains
10 visit New York as infrequently as pos
sible He is a member of both the Metro
politan and New York Yacht clubs and for
many years he made his home. when in
town, OF the Metropolitan. None of Mrs.
Roses process servers has been able to
And him there, however. for many months.
While Mr.. D,irant Is not anxious TO 60 TO
lail in any county. It is said he might ac-
cept service of body execution In Ham
ilton county for reasons that will appear
later on.
At the time Mr.. Durant was directed TO
pay over 10 his sister who is badly In need
Of money fer even the ordinary expenses Of
living, about three-quarters Of million
dollars. he was president Of the Forest Park
and Land Company, which owned about all
the great tract OF Adirondack wilderness in
which DR.. Durant held an equity at the time
Of his death. less the acres sold by Villa m
West Durant 70 j. Psrpont Morgan, the late
Collis p. Huntington. the Hon. Timothy l..
Woodruff, Bishop Potter and others, upon
which these men built luxurious lodges.
Shortly after the order Of the court Mr..
Durant resigned the presidency Of the COM
pany and successor was chosen. Then
the January interest on the bonds fell due
and, for the first time in the history of the
company. 30 it was said this afternoon, tho
company defaulted on the interest. In a
remarkably short time afterward Mr..
Bockes began foreclosure proceedings.
This seemed rsther strange to many folks
UP here in the north country, since many Of
the bondholders, as we'll as their trustee,
had always been warm friends OF Mr.. Durant.
Another thing that the people hereabouts
could not understand was that former
Judge John l.. Barbour of Saratoga, at
torney for MIR. Durant, did not appear to
make any very strenuous opposition to
the foreclosure proceedings.
case developed. Maurice Meyer of New
York, whose law Office is in the Pulitzer
Building, appeared on the porch OF Con-
gress Hall. Mr.. Meyer is a warm personal
friend of John F. Mcintyre, one of Mr..
Durant's attorneys.
After Mr.. Meyer was heard to inquire
where he could And Judge Barbour, Mr.
Bockes and Senator Bracket, it was learned
hat the New York attorney had run up
10 Saratoga to look after the interests OF
mysterious client who has some curiosity
70 know, from time to time, how the itiga-
ion against the Forest Park and Land
COMPANY IL progressing
When Mr.. Meyer was asked by The SUN
reporter WI ON he represented in the purant
litigation he seemed to be greatly surprised
at the question and insisted that he had
Just come up to Saratoga to spend Sunday
and that when he was out for fun he never
mixed his fun with his business. Although
Mr. Meyer would not discuss the Durant
litigation, insisting that he knew nothing
woman living in New York who is said
10 be- holder OF bonds of the company.
-. This creditor and others represented by
theodore L. Cross of Utica are helping
10 push along the foreclosure proceedings
with such vigor as they possess. In fact,
IT seems that the only person interested
who IL not in favor of winding up the com
pany is Mrs. Rose. She insists, so her
friends here say, that there is nothing the
matter with the company and that it would
not have defaulted the January interest
on its bonds had not Mr.. Durant been
ordered to pay over to her the money which
the. court said her brother owed her.
Her friends also assert that the defaulting
OF the interest was only one feature of a
programme carefully planned by Durant.
The next step, they say, will be TO put the
company In the hands Of receiver, who
Will find that the only thing to do ia to wind
up tho company or TO reorg anize ii Once
II 70 recognized, they say, D,Tant will
satisfy any execution against his body,
OF the corporation
Mrs. Roses friends go on to say that,
according TO the present plan, the Hon.
william W, Worden, the postmaster of
saratoga, is to be made the receiver of
the company. They say that Mr.. Durant
50 managed the concern that there was
nothing FOR the bcndholders to do but
oegln foreclosure proceedings, but that
when they know the facts they will see
mat they have made mistake and that
neither Mr. Bockes nor Mr.. Worden will
lend himself to the furtherance OF the
last resort Of Duant to save himself from
paving TO his sister her share OF her fathers
estate