D.E. Merritt’s Will Gives Burying Ground to Westchester County…Made Recluse by Love…160 Acre Place Near the Homes of Mrs. Reid and Other New Yorkers
White Plains, N.Y., June 5—One hundred sixty acres of the choicest land in Westchester county has been set apart for a free public cemetery in the will of Daniel E. Merritt, one of the original settlers of this town, which was filed for probate here to-day. The land, worth more than $500,000, is near the home of Mrs. Whitelaw Reid and other well known New Yorkers, and a strong protest against the establishment of a burying ground is expected from them.
To make sure that his purpose shall not be interfered with Mr. Merritt provides that his executors John S. Lyon Sr. and John S. Lyon Jr. of Port Chester, shall have an enabling act passed by the Legislature if the cemetery cannot legally be located under present law upon the farm where he lived for more than 70 years.
Back of the unusual will of the aged farmer lies the story of a man who early in life fell deeply in love with a woman who refused his suit. He then retired from the world and lived as a hermit for 50 years, allowing his hair to grow long about his shoulders and associating with no human beings save a few farm hands and his sister, now 72 years old, who has been incompetent mentally since she was 20.
Friends Kept His Secret
The identity of the woman who played such a tragic part in Daniel Merritt’s life is known to only a few persons alive to-day, and they are still bound by the secrecy he imposed upon them long ago. John S. Lyon Sr., a friend of Mr. Merritt for many years, refused to-night to throw light upon the mystery and said that he had known little of the recluse’s way of living in recent years.
When Merritt inherited the farm from his father, who had it from his father, it was not of great value. When the tide of development set in to the north and New Yorkers began to lay out great estates in that territory it became apparent that the Merritt place was worth a fortune. The owner, however, refused to sell and to the last day of his life kept the farm in the condition in which he found it.
He raised the usual crops and sold the surplus in the New York markets, as his ancestors had done before him, refusing all offers to sell his land. He had investments in stocks and bonds too and was independent of real estate agents.
His will provides that the farm shall be kept going as heretofore and his incompetent sister, Emma, permitted to live in the big Colonial Merritt home, under the care of the nurse who has had charge of her for many years. The retention of all the farm hands is provided for, and then comes the unusual clause establishing the cemetery upon the death of the sister.
Burials Without Cost
All of the citizens of Port Chester are to be buried free of charge in the Merritt Public Cemetery, to be laid out according to the ideas of the testator as expressed in his will. The institution is to be in charge of a board of trustees made up of the president of the village and the pastors of all the churches in Port Chester. The details are to be arranged by the trustees. The income and residue of the property, amounting to several hundred thousand dollars, will be used for the maintenance of the cemetery.
Mr. Merritt died on May 22. His sister is now the last of one of the oldest families in Westchester county, so no contest of the will is expected. Besides the provisions ofr the sister and for the establishment of the cemetery the only bequest was an annuity of $600 to “Laura Pierce, now married and living in King street, whose married name is unknown to me.”
The will was drawn by Congressman Ben Taylor on Oct.ber 16, 1913. The estate is estimated at $500,000 but friends of Mr. Merritt say that it will assess at more than twice that amount and that in addition valuable securities will be found when an inventory of the personal estate is made.
The cemetery was never established. The case was taken to the state Supreme Court, Appellate Division, which ruled June 23, 1916, that Merritt didn’t actually own all of the land, that he didn’t have sufficient funds to support such a cemetery, that he only left $12,000. Reports of Cases Argued and Determined in the surrogates’ courts, Vol. 17: “With the income they can buy burial privileges in some cemetery, but they cannot maintain a public cemetery. The money cannot be regarded as a free public burial fund for all the people of Port Chester.” “…the general purpose was to make his sister’s farm the essential element of his scheme for a public cemetery and to support it largely with her money. There is a fragment of property left. It cannot be used to ‘accomplish the general purpose of the instrument.’ At this time whatever could be done would not be done even a semblance of the testator’s proposal. But the decision would not be premature. It is not for the surrogate or this court to decide whether the Supreme Court will execute the trust in some degree. The final direction rests with the Supreme Court upon the application of the charity trustees. That can be done when the life estates expire. Circumstances may change. The incompetence may be restored and elect to make under her brothers’ will. Then the testator’s plan could be executed. Meantime, the committee should not accept the provision made for her under the will. She cannot accept its benefits and reject it otherwise, and they should not elect for her.
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