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Subject: [NYSUFFOL] 1877 A SUIT ABOUT MONTAUK LANDS
Date: Fri, 5 Jul 2002 09:00:46 EDT

19 September 1877
Brooklyn Union-Argus
A SUIT ABOUT MONTAUK LANDS

Robert M. GRINNELL and wife commenced an action in the Supreme Court a
short time ago against Edward BAKER and 100 other defendants who are
shareholders or owners in Montauk Point lands. The matter came up
before Justice PRATT yesterday on a motion made by plaintiff's counsel
for leave to amend the complaint. The action is brought for a partition
of the property which consists of 9,000 acres located as before
mentioned, including what is known as Napeag Beach. The land was
purchased originally from Indians by citizens of East Hampton, and is
now held by their descendants. It is represented by thirty-five
three-eighth shares, each full share being valued at L40 sterling. The
plaintiffs own but a L5 interest in shares which they hold. Each
shareholder is entitled to have eight head of cattle graze on the land
for every L1 share or interest held by them, while to the Indians who
have an interest in the property, is reserved the right to reside on
the lands, keep cattle and cut wood. It is said the while object of
plaintiff's suit is to assist a company of New York capitalists to
obtain title to a portion of the property for the purpose of
establishing a fashionable watering hole at Montauk Point. At present
there are but three or four houses there.

The defendants set up that the land cannot be partitioned, as it belongs
to a corporation brought into existence by an act of the Legislature
passed in 1852. Further, that the Indians have proprietary rights in
the estate which are indefeasible. The application for the amendment of
the complaint is for the purpose of including the Indians as defendants.

The motion was opposed on the grounds that the Indians are wards of the
State and could not be impleaded.

Decision reserved.

Transcribed for the Brooklyn Info Pages
http://freepages.genealogy.rootsweb.com/~blkyn/Bklyn.Info.Page.html

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