The New York herald., 1921-04-25
NO AID FROM COURTS
Excavating Is Started OH
Last Strip of Huge Har-
lem Estate.
TITLE DENIED IN RULING
Aged Squatter, Daughter and
Son, About to Lose Humble
Home, Keep Up Fight.

A contractor who wants 10 build a.
tenement house is about to tunnel under
an old dilapidated hut In a vacant lot in
the Dyckman section. near 194th street
and only a few hundred feet east Of
Broadway, where Martin Montrose Mole
naor. who is S4 years old and almost
5'in, sas lived for many years with his
son, Wilford, and his daughter. Mrs Eve
lyn Holstein. According to the story told
by Molenaor. the hut and tie bit OF
ground which surrounds it is all he has
left of property formerly owned by his
grandfather in the Harlem district. now
worth more than s15o,00o,o00.
The aged man Is the grandson and
only living heir OF William Molenaor,
who died In 1912 leaving his three sons
and one daughter life interest, with
the remainder to their heirs. in mis-
Harlem farm, which included many
hundreds Of acres, and In other property
on the Kingsbridge road. In 1916 Jus
tice Blur, in the Supreme Court. handed
down decision denying that Molenaor
had any title to the land on which his
hut is situated and which is on part OF
the acres owned by his grandfather
many years ago.
Appeals to Court Fail.
But Molenaor refused to accept the
decision of the court. and with his son
and daughter he remained In the hut.
hoping that something might turn up to
prove his right not only to the vacant
lot and the old hut, but TO the millions
or dollars of property which he can barely
see as he sits before his door and makes
out with his dim eyes the automobiles
hurrying along the paved highway
which was once a cowpath in his grand
fathers farm. The old man and his son
have taken their case TO court many
times. they said. but each time the per-
Dons who wanted the land have proved
stronger legally than they and each time
the courts have told the old man that
his title was not good, and that he had
no right even TO the bit of land on which
his hut stands.
The last straw, so far as the Mo
ienaors are concerned. came last Tues
day. when William Norton. a contractor.
appeared at the hut and ordered the old
man and his family TO move, declaring
that he held title to the lot and that
he intended to build. The old man re-
fused to go. and the contractor began ex-
cavating. The work progressed steadily,
and on Saturday when the workmen
stopped work the excavating had almost
reached the ground on which the hut is
built. Norton has said that ne win
tunnel under the hut. and IL this is done
the old shack will tumble down and
the heir to the Molenaor millions will be
without a home.
Son to Keep Up Fight.
The old man is entirely too feeble TO
fight the case. but his son. who has
lived with him ever since the hut was
erected and who says he has studied
law during the last eight years for this
particular case. is prepared. he says. to
take the matter into the courts again.
But he says he is reluctant to take the
initiative. preferring to let his opponents
begin what will in all probability rove
10 be long drawn out litigation. Nor
ton, however does not appear to be
anxious TO 60 into the courts. He SAYS
he is satisfied with the title he holds.
and intends to tunnel under the shnclS.
pitch the timbers off his lot. and proceed
with his building operations
Wilford Molenaor claims the property
for his father on the ground that 1t was
left in trust to his fathers grandmother
and his grandfather. David William
Molenaor. and that the latter had no
right to dispose OF II in 1910. According
To wilfords Interpretation of the will
the sale Of the land by David Molenaor
is invalid. Young Moienaor said that
David, his grandfather. scattered his
money right and left and died penniless
more than sixty years ago.
wikord Molenaor said his father be-
gan the fight to regain the lost land
back in the seventies. and kept /. up
until he was bankrupt. Then the old
man joined his son in Colorado, and they
lived on a ranch for some time. But
eight years ago they returned to New
York and built the hut Ia which they
now live. and which overlo,ks the large
Billings estate now owned by John -.
Rockefeller Jr. This estate. acc riding
10 wiiford Molennor. is pars cf the
property claimed by his father.