Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-04-19
DECISION SAVES
SENEL FROM RUIN
Ex-AIderman Wins Appeal
Which Removes Cloud from
Title to Estate.

BY a few strokes of his pen Vice
Chancellor Stevens today saved a
mans fortune and preserved him
from Bankruptcy and financial ruin.
The man is former Alderman Louis
Semel, whose recent effort to raise
So 600 on a mortgage brought up a
question of his title to property at
Montgomery and Prince streets. The
question was brought to law and de-
eided against him, and with claims
amounting to $4,000 staring him in
the face he made another appeal and
won.
Semel recently made improvements
and additions to his saloon and cater
ing establishment at Montgomery and
Prince streets He went to Jones q
(iieeson, lawyers, with Offices in the
Scheuer building, to arrange a mort
cage to pay off his creditors. The
Court of Chancery, with its funds in
trust often accepts mortgages, and
as Jones & Gleason locally represent
the court in these matters, they APP
piled to chancery for the loan,
In accordance with the usual pro-
eedure Chancellor Walker referred
the matter of investigation to a spe-
cial Master in this case Judge Guild.
After having a search made and
hearing argument Judge Guild held
that the title was bad and advised
the court not to make the loan.
Loosely Drawn win starts Trouble
His reason for advising against it
dated back to 1885 when John Wolf,
owner of the property then, died,
leaving a rather loosely drawn will
devising all his property TO his wife,
Maria Wolf. with the proviso that 1t
would be hers ito dispose of as long
as she remained his widow; in the
event that she married again 1T was
to go to their daughter. a Mrs Mary
Hochadel
Mrs. Wolf did not marry again, ana
before her death made will leaV-
ing the property to Mrs. Hochadei'
with the stipulation that she was to
keep the property in repair, and pro-
.viding that after Mrs. Hochadefs
death il descend to her children or
heirs
Mrs Hochnadel. in 1892, sold the
property to one John Clam, ana py
succession of conVeyances'
reached former Alderman Semel he
had no thought Of the titles Valoity
until the Court of Chancery made lts
investigation
Judge Guild went into fine point
of law in deciding the case. He held
that Mrs. Hochadels interest was
life interest, and as such she had
power to benefit by the land during
her life. but not sell it, She had re-
ceived it by her mothers will. he
held. and as her mother had complied
with all conditions of her fathers
will, the mother had the right to be-
oueath 1t as she wished to. 1t was
perfectly within her limit, he said,
that she should stipulate that Mrs.
Hochaders interest was to be only a
life interest.
Friendly Suit Is Instituted.
So, TO test Judge Guilds opinion,
Jones & Gleeson started a friendly
suit against a Chester W. Hull
dummy defendant. The question
raised, "What estate did Maria Wolf
1 hold under her husbands villa life
estate or a fee?" If she had a fee,
Hhe had the power to dispose of the
estate by will, and, therefore, her
daughter only had a life estate. If
she had no fee, then her daughter re-
reived the property by direct inher-
Stance, and was therefore not COM
peled TIC abide by her mothers will,
but could sell it at her pleasure. The
title in the latter case did not belong
TO her lawful heirs"
The vice-chancellor held today that
the mothers interest was life es-
tate, and her daughter therefore re-
eeived the property by inheritance,
unrestricted by the provisions of her
mothers will This clears the title
for Alderman Semel and makes it
possible for him to negotiate his
1880 loan
Mr. Semel represented the Third
ward in the city Council He is
Democrat and served two terms.
from 1908 to 1911