Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-26
REACH AN AGREEMENT
HEIRS DISPOSE OF PROPERTY TO
SEVENTH DAY ADVENTIsTS.
Compromise Whereby Litigation Over
Realty in Vicinity of Takoma
Park is Discontinued.

the Thornton tract" Lipscomb and Earn
est trustees addition to Takoma Park, and
the Seventh Day Adventists for the pur-
chase of a tract of land comprising nearly
five acres, about one-half lying within the
District and the remainder in the corporate
limits of Takoma Park Md, just across the
District line.
According to the agreement an increased
price is to be paid by the Seventh Day Ad-
ventists for two lots on the Maryland side,
I'm addition to the property which has been
in litigation, and the REIMBURSEMENT OF
three lots comprised within the original
offer for that part of the tract as was pro-
posed to be taken in the District of Column
bia, which are to be returned to the trus-
tees as the property of the heirs. The
agreement, which approved by the
trustees for that portion of the property IN
the District, signed by Wilton ]. Lam
bert and Daniel w. Baker, counsel for the
exceptants; John p. Earnest, counsel for
the remaining adult heirs; Charles P. Power
and William 7. Power, by their guardian.
William w. Boarman; Andrew A. Lipscomb
and John p. Earnest, trustees and w. w.
Prescott, member of the board of trus-
tees of the Review and Herald Publishing
Association of the Seventh Day Adventists.
The last of the signatures were attached
to the papers late Thursday evening" and
the papers In the case filed by Messrs. Lam
bert and Baker in the District Supreme
Court Saturday morning.
Decree of Sale.
June % last a decree was passed to the
effect that the offer of William w. Prescott,
representing the Seventh Day Adventists,
to purchase lots numbered L., 13. IA, 10. 16,
II, IS, 10, 90, q, %, %, "A % and 90 in
block numbered 3, in Lipscomb and Earn
est, trustees, addition to Takoma Park as
reported by the trustees, Andrew A. Lips
comb and John p. Earnest be accepted,
and that the sale of the lots be finally rati-
GaIl ,nnI To 10 nNrfn md
Herald Publishing Association, upon the
association complying fully with the terms
OF sale, William w. Prescott later assign
ing his purchase of the lots to the associa-
ton.
Previous to the order being issued, parties
claiming to represent fve-SiXthS Of the
entire tract filed answers to the report OF
the trustees and entered objections to the
confirmation of the sale to the Seventh Day
Adventists. advocated by the trustees The
offer of the Adventists cents per
square foot, and in the opinion of the heirs
this was grossly inadequate and did not
represent more than third of the value of
the property. The heirs In their answer
stated that part OF the land adjacent to
that which was purchased had been sold
for 10 cents per square foot, and that offers
Of similar sum for other portions had been
refused by the trustees. 1t was declared
that the most valuable part of the Thorn
ton tract would be taken, leaving undesira-
BILE portions on either side unsold. The sale
approved by Justice Anderson in
that he considered cents a foot a good
price for the land.
An appeal was taken from this decision,
which was noted In open court by the
counsel for the heirs, and the matter was
taken to the Court of Appeals Of the Dis
trfct.
Terms of the Agreement
The agreement entered into provides that
the heirs shall dismiss their appeal from
the order of ratification of the sale. The
Adventists have agreed to purchase from
the trustees lots 6 and 7, In block 8, In the
above subdivision. for the sum of ss43.45 in
cash, upon the final ratification Of the sale
by the court. In return the Seventh Day
Adventists are to waive all right and title
TO lots "a. % and 20. in block numbered y, in
the same subdivision, which sales have
heretofore been ratified and confirmed by
the court to the Adventists, and to relin-
quish and return the lots to the trustees, IT
being deemed necessary for the more eff
fectual levesting Of the title to these three
lots.
The property is located on Carroll ave-
nue. between Willow and Laurel avenues,
near the log cabin. On Carroll avenue the
property has a frontage of 37o feet on the
south side. running back to a depth Of 4S4
feet on Willow avenue and a depth of Az
feet on Laurel avenue, after deducting the
three lots which were returned to the trus-
tees.
The property purchased by the Adven-
fists on the Maryland side consisted OF
about four acres and was purchased by W.
w. Prescott, representing the Review and
Herald Publishing Association This asso-
citation consists of w. w. Prescott, Prof.
w. T. Bland, 8. n. Curtiss, w. NJ. Lewis
and DR.. j. II. Neall. and the trustees Of the
general conference corporation Of the Sew
enth Day Adventists. consisting OF A. q.
Daniels. president; II. w. Cottrel, A. r.
Needham, s. n. Curtiss, Prof w. T. Bland
and j. N. Nelson. At the time Of the pur-
chase the proposition was made by the
offering IN
two boards of trustees of the Adventists at
cents per square foot.
The sale of the land was ratified and con-
firmed by Judge John G. Motter in equity
court of Montgomery county, Nd, in Octo-
Der. The heirs of the property took SINH
lar view OF the valuation of the property
and noted an appeal to the court of appeals
of Maryland.
The property affected by the compromise
agreement consists of lots numbered l. 2 4,
3, 6. T. s. 9. 10. IL, II, IL and IA, in block
numbered 3: lots numbered l. 2 g. f. g. s, g..
10 and IL, in block 9. and lots 49, "a, 80, SO,
81. IS 20 and 40 in block 8, in Lipscomb
and Earnest, trustees subdivision which
sale was reported by the trustees to the
court for the price of cents per square
foot
The agreement between the heirs of the
property and the purchasers, subject to the
approval by the court, was signed by Will
ton ]. Lambert ana ID. W. Baker, counsel
for all OF the adult heirs w. w. Prescott
representing the Seventh Day Adventists,
"a.
comb. trustees OF the property.
Appeal Dismissed.
Under the terms of the agreement the
heirs have dismissed their appeal and in
consideration the Adventists are to pur-
chase lots and in block numbered 9, OF
the subdivision. for the sum Of Ss43. Az upon
the ratification OF the sale by the Equity
Court. In other words the sum Of cents
per square foot has been charged for lots
!, 2, 1 and 8. in block numbered g. thereby
increasing the price Of the property under
the previous sale to s322.87, this sum to be
added to the purchase price of lots and
7, in block 8. which lots are to be taken by
the Adventlsts at cents per foot amount
ing to S52O4s. making the purchase price of
these lots sS43 40.
The property in question Is located on
Carroll avenue, between Willow and Laurel
avenues. In Montgomery county, just across
the District line 1t has a frontage of 3T9
feet the south side OF Carroll avenue,
running back to a depth of twenty-five feet
on Willow avenue and 265 feet on Laurel
avenue, being almost triangular in shape.
On the north side of Carroll avenue the
property has frontage of 100 feet on the
ID Of Inc ha