Perth Amboy evening news., 1906-07-16
owns
CAPITOL SITE
of Joseph Brittian Have
No Interest in the Land
LAWYER Claims.

TRENTON, July 16.-For many
years it has been generally under
stood here that If at any time the
state should al to use the grounds
on which the state house stands the
land would revert to the heirs of the
late Joseph Britain. 1t has always
been supposed that he gave the site
for the building to the city.
John A. Hartpence, a lawyer of
this city, was retained some time ago
by the living heirs of Joseph Britain,
who desired to know If there was any
title residing In them, so that they
might ask the legislatures permits
sion to sue the state and test its
claims to the grounds. After a care
full search of all the records Mr. Hart
pence has rendered the following
opinion to his clients.
First-There is no foundation for
the tradition that the land upon
which the capitol stands would revert
to Joseph Britain or his heirs in
case it should cease to be used for
any purpose than that originally in
tended, either upon the ground of a
donation or, conditional grant.
Second=There is no foundation
for the tradition that a fund appro-
priated by the state of New Jersey
for the benefit of the heirs of Joseph
Britain, in satisfaction of their
claims growing out of the alleged
cloud upon the states title, awaits
claimants at the state treasury.
Third-There is no sound basis
for a legal claim against the state of
New Jersey growing out of the alleg-
ed donation or conditional grant of
lands by Joseph Britain for the pur-
poses of a state capitol.
Fourth-There is no sound basis
for a legal claim against the state of
New Jersey under the statutes of
1924 and 1872, the amounts appro-
priated by the statutes having been
paid in full to the beneficiaries there
under.
The researches made by Counselor
Hartpence disclosed that Joseph Brit
tain sold three of his lots fronting on
West State street, running west from
street, to private parties
for s1O0. Then 1t was that on Janu-
airy 10, 1892, Joseph Britain and his
wife, Susannah Britain, donated to
the state of New Jersey grounds in
the zeal of these lots for the sum of
five shillings, signing a warranty
deed to the state forever. This land
was worthless to the state, for 1t was
the river front and needed filling
very badly.
AS the land vas utterly worthless
without the controlling land on West
State street, then known as 'the road
Market House to Beatty's Fer
the state on February A, 1892,
took title from Joseph Britain and
his wife, Susannah Britain, for the
property Immediately adjoining the
three lots sold to private parties
fronting on what is now West State
street, for a consideration of fifty
seven pounds ten shillings. This is
absolute grant in fee simple, by
warranty deed, as disclosed by the
deeds on file in the Hunterdon coun-
ty court house.
Reciting the deeds to the state as
given above, the counselor says:
Britain received about $500 for
the tract, which now comprises the
tract at the time these trans
actions occurred. This must have
been a most adequate remuneration
for the land. The transaction in its
entirety, therefore, loses its romantic
aspect and from beginning to end
has the appearance OF a bargain in
the vendor received good value
for the property disposed of.
All possibility of a donation is dis
by the deeds themselves, which
show the grants to have been in each
instance for valuable considerations.
The grants were also in fee and with
.ut condition