Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-26
WIDOWS SUIT IN EQUITY
Seeks to Recover Land Transferred
for Family Reasons.
PROPERTY IN MT. PLEASANT
Decision of Suit May Wipe Out
Amount Left to Beneficiary
of Husbands Will.

The first move looking to the set
tlement of the estate of the late Col
Robert G. Dyrenforth, who died July
4, was taken today. Col. Dyrenforth
left will by which the bulk of his
estate is devised to his adopted son.
Robert H. George Dyrenforth, on the
condition that the boy finish at Har-
ward University at eighteen years of
age, avoids women and does not be-
come Catholic.
Mrs. Jennie Dyrenforth, widow of the
colonel and grandmother of the bene
f1ciary under the WILL today filed suit
in equity against J. Wilson Dyrenforth
and his wife. Grace Dyrenforth. of
Lombard, ILL.,, to compel the reconvey-
ance to her Of tract of land in Mount
Pleasant, d. c., which, she says, she
conveyed to ]. Wilson Dyrenforth, her
brother-in-law, for family reasons, in
1897.
She says there was no consideration for
the conveyance and asks the court to de.
cree that the brother-in-law shall holo
the land in trust for her.
Since the reasons actuating the trans
fer-which Mrs. Dyrenforth does not dis
c1ose-have ceased to exist. she requests
that she be again vested with the title
Estimates of Value Vary.
The land in controversy is variously
estimated as to value. Mrs. Dyrenforth s
attorneys, William Henry Dennis and
Rudolph H. Yeatman, consider it worth
between $4,000 and $4,000.
1t comprises 100000 square feet Of
ground and lies on the west side of 18th
street extended, just south Of Piney
branch Col. Dyrenforth thought the
land ought to bring 100000, and in his
will requested that no sale be made OF
it until an offer Of $50 per square foot
was Forthcoming. The land is known on
the plat of the city as lots "a to 12 and
s. in Mount Pleasant. 1t is incumbered
to the extent of $4,000.
Mrs. Dyrenforth knows of no other as
diction, and if she succeeds in securing
the reconveyance of the Mount Pleasant
property, it is stated, she Will have
reached an easy solution as to the set
tlement of the estate. Should Col. Dyren-
forth have any other property, counsel
unpaid arrears of alimony, which they
say extends over period of years.
Justice Bradley in 1892 gave Mrs. Dy-
renforth an order for $50 per month ali
mony. but. II is said. for nearly year
Col. Dyrenforth defaulted in his payments
and since that time made only partial
payments. SO that the arrears reach a
considerable sum.
No effo>t has been made by the brothers
Of Col. Dyrenforth, who are named ex-
ecutors in his will, to probate the docu-
ment. Unless there should be proceeds of
insurance, there seems to be nothing with
which to defray the expense of educating,
along the lines laid down in the will, the
grandson named as beneficiary, who was
legally adopted, by Col. Dyrenforth.
Substance of Petition.
In the petition filed today Mrs. Dy-
renforth says in 1896 she owned the
property mentioned and was induced to
part with the title for family reasons.
She declares J. Wilson Dyrenforth has
never paid the, taxes nor interest on
the incumbrance and has never claim
ed the beneficial title to the property.
The incumbrance is overdue the petit
toner says, and to avoid q foreclosure
she wishes the title reconveyed to her,
that she may save the property from a
forced sale.
Counsel for Mrs. Dyrenforth stated to-
day that the petition is based on the ele-
mentary equitable principle that where
title to real estate is placed in the name
of third party and he does not pay any
consideration. except in the case of gift,
he holds only the legal title and there
exists a resulting trust in favor of the
maker Of the deed.