Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-04
TITLE TO METROPOLIS VIEW
DECISION IN SUIT BROUGHT TO
REMOVE CLOUD
CONSTRUCTION Of Will of Washington
Berry, a Former Owner-Title
Cos Contention Sustained.

The case of Henry p. Sanders against
Alexander d. Johnson and others was de
cided yesterday by Chief Justice Cla-
baugh in favor of the complainant. The
question decided involves the title to
about 40 acres OF land noW held and
owned by many different people and sit
uate outside of the city limits known as
Metropolis View ST. Nincents Orphan
Asylum is built upon part of the tract. as
we'll as some of the buildings connected
with the Catholic University.
The question in controversy grew out of
the construction of the will of Washing
ton Berry. who formerly owned Metropo-
lis View and who died in 1906 leaving a
will by which ne devised the property to
his wife for life and his five daughters
for their maintenance and support during
the life of his wife, and provided that
the property should be kept as a home
for the daughters so long as they should
remain single and unmarried, and after
the death Of his widow and the death or
marriage of the last of his daughters
that the property should be sold by his
executors and the proceeds paid to his
daughters living at the time of his death
and the heirs OF such of them as might
then be dead.
Sale and Partition Sought.
Four of the daughters married and had
children, but one of the daughters did
not marry and died in 1903 Some of the
married daughters about the year 1860
filed a bill in equity against the rest OF
the testators daughters for the purpose
of sale and the partition of the property.
The unmarried daughters consented to
the sale. \ decree was passed authoriz-
Ing the sale and all of the property en-
braced in Metropolis View was sold and
conveyed in 1865 or prior thereto. and it
passed by meSne cOnVeYanCeS 10 the par
ties now owning the land.
After the death of the last unmarried
daughter OF Washington Berry, in 1893,
some o. his grandchildren children of his
deceased married daughters). through At
tornay A. s. Worthington, filed bill in
the Supreme Court of the District of Co
lumbia for the appointment of trustees
under the will of Washington Berry. with
the view of having the property resold.
and asserting title thereto. on the theory
shat the daughters of Washington Berry
took a contingent and not vested eS-
tate in Metropolis View, and that the
title to the same did not vest until 1903,
the date of the death of the last unmar-
ried daughter.
Suit to Quiet Title.
The suit just decided was brought for
the purpose of removing the cloud from
comp,ainants title, caused by the equity
proceedings above referred to; and the
court held that the title to said property
did vest in the daughters of Washington
Berry living at thetime of his death, and
that the court had jurisdiction to pass the
decree for its sale that was passed, and
that the title of complainant, as we'll as
that of the other owners of property In
said tract, was good and indefeasible, I'M
der the VIII of Washington Berry, and
the equity proceedings under which the
sale took place.
The decision sustains the construction
of the will made by the various local title
insurance companies on which are based
the numerous certificates of title issued to
the purchasers of lots in the subdivision
Attorneys B. F.. Leighton and A. A.
Brney represented the complainant.