New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-05
END TITLE DISPUTE
Trouble Affected Old De RuSSy
Farm in Brooklyn.

Deeds were recorded in the Registers
Office yesterday perfecung the title TO
more than seven and a half acres Of
ground in the heart Of Dyker Heights
The title of this property came through
the will OF one Rene f. De Russy.
Rene F.. De Russy. a colonel OF engi-
neers OF the United States army, died at
San Francisco in 1866. leaving a will
which beaueathed TO his son. General
Custavus A. De Russy. diamond mount
\ ed gold snuftbox. which had been pre-
| scented 10 him by Prince de Joinville. and
certain other family heirlooms to his
lother children. and which left the remain
tder of his estate in trust for the support
nd education OF his four minor children.
Colonel De Russy had been married four
times and left descendants by each wife.
With the exception OF his family heir
blooms and a homestead at San Francisco,
shis entire estate consisted Of tract OF
tSsrm land in the then town Of New
I Utreoht containing about seven and a
half acres. klis widow sold this tract
under the terms of his will shortly after
his death for about 5000. Streets and
avenues were opened through It and II
was developed and cut Up into building
dots. All the present occupants trace
their title through this will.
Various parcels Of this tract were lat
terly conveyed and reconveyed, and nu-
merous handsome residences were erected
upon the tract which then became a part
Z of one of Brooklyn's finest residential
neighborhoods.
Part Of the title has been insured by
title companies. and upon many of the
parcels the Title Guarantee and Trust
Company has issued its policies of title
insurance.
The question was raised as TO the
validity of the will Of Colonel De Russy
on the ground that It attempted to create
a trust estate for a period of four lives
in being at his death. and that therefore
the will was invalid under the laws Of
New York State.
\ few months ago all the heirs started
Il partition suit against the present own
ers and mortgagees of this tract. and
litigation lasting for many years was
threatened Under the advice OF counsel
OF the Title Guarantee and Trust Com
pany arrangements were made with Colo
mel De Russys heirs 10 protect those
who held policies of title insurance. and
they received correction deeds without
any contribution on their part The other
owners contributed about $500 toward
the settlement, thus being obliged TO pay
again. because OF the misconstructionl OF
this WILL for property which they sup
posed they had owned. The DE Russy
heirs have. therefore received compensa-
ton for their property twice-oncc upon
the death OF Colonel DE Russy and again
I'm this settlement. or course. the present
price did not represent the present valhe.
The settlement of this question Of title.
which has been such an expense 10 those
who did not hold title insurance policies,
has laid as an incubus over this section
for the last three years. Now that this
title Is settled new buildings sill be i'm
mediately started, and Albert +. Parfitt.
who is one OF the unfortunate owners, is
preparing plans for six residences to nc
erected or the tract.