James Gair Beattie, Sr.

RED BANK, N. J., THURSDAY, SEPTEMBER 30, 1937 Court Rules Man Bought Only Life Right In Property -Court of Errors and Appeals Affirms Decree of Chancery Court Judge in Content vs. Dalton Case Suit Involved Tract at Goose Neck Point The New Jersey court of errors and appeals, the highest tribunal lot the state, last week affirmed a decree of Vice Chancellor Maja Leon Berry of the court of chancery in a suit by Harry Content of Long Branch against Robert J. Dalton and others to quit title to property at Goose Neck Point) Oceanport. Vice Chancellor Berry ruled that Mr. Content's title to the property was defective on the grounds that the original deed to the property in question had been given by persons having only a life interest in the property and that the complainant's actual possession of the premises for a period of 30 years had not ripened into a perfect title.The decision is of extreme interest to local residents because of the fact that six or seven persons in addition to Mr. Content, one of whom is a prominent Red Bank dentist, purchased property and built homes on the Dalton tract at Goose Neck Point. The case is unusual because, of the fact it changed hands several times and so many persons became financially involved before the title dispute arose. A prominent Red Bank real estate man who handled a part of the tract In question estimated the value of the property and improvements, including houses, at more than $IOO.OOO. Robert J. Dalton died January 19, 1889 leaving about ten acres of land, at Goose Neck Point, abutting the Shrewsbury River. His will, probated June 21, 1889, contained provisions, which the court of chancery, construed as giving an estate, known as a fee tail, to his daughters, Mrs. Rosamond Reynolds and Mrs. Mary Ella Beattie. The court determined that Mrs. Reynolds and Mrs. Beattie had only a life estate in the property, and therefore, could sell only their life rights. The court further held that the remainder after the life estates went to the children of Mrs. Reynolds and Mrs. Beattie. Mrs. Reynolds and Mrs. Beattie are still alive and living in New York State. Mrs. Reynolds has one child and Mrs. Beattie has six children. Three of Mrs. Beattie's children were the defendants, who contested Mr. Content's claim that he had a, clear title to the property. On June 1, 1900, Mrs. Reynolds and Mrs. Beattie, believing that they were the rightful owners, executed and delivered to their brother, Leon Dalton, a deed of full warranty for the property at Goose Neck Point. Leon lived there from that time until his death in 1917, having meanwhile caused deeds to be executed from him and his wife to a third person and from that person back to his wife. Mrs. Dalton continued to reside on the promises until 1919, at which time she executed and delivered a deed of full warranty to Mrs. Mary Bishop Shera, wife of Dr. Shera. Dr. and Mrs. Shera remodeled and modernized what was formerly the Dalton homestead at an estimated cost of $35,000, slightly changed its location, caused or permitted the highway to traverse the property at a different location, and on March 4, 1935, conveyed the homestead property to Mr. Content by Warranty deed. The rest of the Dalton tract was sold to the Universal Security Corporation of New Jersey, which developed the land. While the company was still in existence lots were sold to Dr. Eugene W. Newman, a Red Bank dentist; and to Mr. and Mrs. Samuel C. Morris. The Universal Security Company went bankrupt and lots were sold at auction to Mr. and Mrs. A. M. Fisher, Mr. and Mrs. Isador(a) Chester and Mrs. Helen Tucker. According to real estate men who know the property, Mr. and Mrs. Chester built a house valued at $10,000 on their land, Dr. Newman built a residence valued at $25,000 on his property, Mr. and Mrs. Fisher built a house valued at $6,000 on their lot, and Mrs. Tucker erected a house valued at $6,000 on part of the tract. A local building & loan association is said to have loaned $20,000 on one of the properties and to have been paid off in full before the Content vs. Dalton case was started. The assessed value of the various properties is less than $20,000.