New-York tribune., 1920-01-22
Striker Farm
Titles Again
Taken to Court
Area Between Eighth and
Tenth Avenues, in the
Fifties, Is Claimed by the
Heir Under 1888 Will
Fifty Suits May Follow
Question of Right to the
Property Likely to Go to
the u. S. Supreme Court

Nearly forty years after the death
OF its owner, J. NJ. L. Striker. the title
to the property which he left is being
questioned and the fate of property
worth more than s1,o00ooo is being
made uncertain by litigation.
When Striker died on June %,
1883, he left property known as
"thc Striker farm which included
land between Eighth and Tenth ave
nues in the Fifties; he also left will
in which he gave all his property to
ms brother, Ellsworth L. Striker, for
llfe. Upon the death of Ellsworth L..
Striker the property was TO pass to
his legal heirs.
Inserted in his will was the provision
Tor the appointment Of Ellsworth l..
Striker and George c. Miller as cxecu-
tors and trustees. with full power Of
sale. From this provision has come the
unce rtainty Of title and the litigation
Shortly after the death of the owner of
the property Miller resigned as trustee,
flied his account in the Surrogates'
Court and was discharged by decree
of that court. In February, 1883, Els
worth l.. Striker, as sole acting OK
ecutor of the will, sold part Of the
property to w. Scott Taber. This sale
marked the beginning of the dispersal
OF the property, which has come down
TO Its present several owners after
many convcyances.
Fight Started in 1916
In 1916 came the first intimation that
all was not we'll with the title of the
several parcels of land sold by ELS
worth l.. Striker. In that year action
was brought by Joseph NJ. l.. Striker
one OF the four heirs of the owner of
the property. against one Daley, who
was the owner Of one of the parcels of
ground. 1t was a test case. 1t invoked
the law which had been in effect at the
time of the death of Striker, which
sad that where more than one trustee
was named in the will, and where in
dlvldual power of sale was not ex-
pressly reserved to each trustee. all
trustees living must join in any deed.
The deed conveying the property to
Daley was therefore held invalid by
thc plaintiff because of the absence of
Mliler's signature. He further declared
that the law giving trustees individual
power of sale had been passed after
the will had been made and had no
retroactive effect on the rights of the
plaintiff acquired by the will.
But Judge Shearn, who tried the
case. decided in favor of the defend
ant. and after the case had been car
ried to the Appellate Division and to
the Court of Appeals his decision was
upheld.
Fifty Suits May Follow
Joseph M. l.. Striker. the plaintiff in
this case, is again seeking to recover
the property which he believes to be
kis. This time his action is brought
against J. George Merhtcns. the owner
Of parcel OF land at sos West Fifty
second Street, which was part OF the
original farm. Again the fate of all the
parcels Of land into which the original
property was divided by sale is in
Solved.
The present action was first tried
before Judge McAvoy in October, 1919,
and was decided in favor Of the de-
fendant. for whom +. W. Block, of $50
Nassau Street. appeared.
1t has already been appealed to the
Appellate Court, and Gilbert r. Hawes,
the counsel for the plaintiff, threatens
to carry the action to the United States
Supreme Court if necessary in order
to defend the rights of his client. In
the meantime some fifty potential suits
await the final result Of the present
one.