commercial development which might detract from the Historic
Site. In Mr. O'Connor's reply to that letter Mr. Krug was
requested to state specifically just what restrictions he
believed should be placed on the property. Althought no
reply has been received as yet it appears from the map
submitted by Mr. Krug and from discussions which Mr. Koons
has had with George Palmer, Superintendent of the Historic
Site, the Department of Parks desires to have all of the
property to the rear of the Historic Site on the west side
of the Albany Post Road to a depth of 800 feet maintained
in its present condition and restricted against all
buildings unless approved by the Department of Parks. Mr.
O'Connor pointed out that unless approved by the Department
of Parks. Mr. O'Connor pointed out that Mr. Roosevelt's
Will was executed by him only four years before his death
and that he definitely had in mind the present situation
which has developed at Hyde Park; that if he had intended
that restrictions be placed on the property adjacent to the
Residence and Library he would have made provision for it
in the Will. After careful consideration of the entire
question it was unanimously decided that the Executors were
without power under the Will to place restrictions on the
property in view of the fact that the placing of such
restrictions would greatly reduce the value of the property
and that any restrictions would have to be the result of
the voluntary agreement of the purchaser in connection with
the sale of the property. In the circustances it was the
consensus of opinion that it would be an idle gesture for
the Executors to submit the question to the Surrogate's
Court for instructions. Major Hooker strongly concurred in
this conclusion and stated that in his opinion the
Surrogate would not substitute his judgement in the matter
for that of the Executors. In the absence of and
affirmative action by the United
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