John J. Bennett, Jr.
Attorney-General                                         
 
                                    October 14, 1931.
 
 
                                                            
                                    Re: REPORT NO. 801
Estate of                           RESTRICTED BENEFICIAL
James R, Roosevelt, Deceased,       ENJOYMENT GRANT MADE
Hyde Park,                          TO JAMES R. ROOSEVELT
Dutchess County, N.Y.               NOVEMBER 20, 1912.
                                    DUTCHESS COUNTY.
Gentlemen:
 
    The records in this office disclose the fact, 
that on the 20th day of November, 1912, a restricted beneficial
enjoyment grant of lands lying under the waters of the
Hudson River on the east bank    thereof, at Hyde Park, was
made in favor of the late James R. Roosevelt, then residing
at Hyde Park, Dutchess County, N. Y.
 
    The patent required that the lands under water in the
granted area should be filled and that thereon there should
be erected a dock and boathouse of a substantial character,
and that such improvements to the glinted area should be
made within five years from the date of the grant.
 
    Report of field inspection of the granted area, as made by
the Department of Public Works and submitted to this
office, indicates that there has been a small portion of
the granted area filled in with rock along the west shore
of the New York Central right of way. The report reads as
follows:
 
    "Rock fill made along shore vest of N. Y. C. right-of-way
from 0 to 30 feet in width. Used for landing for private
boats."
 
     The sketch, accompanying the report, indicates that the
filled in portion, which is filled with rock spoil and
leveled, comprehends only a very small fraction of the
granted area.
 
     In view of the report, as submitted, it becomes incumbent
upon this office to bring action to vacate and annul this
grant, unless the patentee, or his successors, wish to
avoid the expense and annoyance of suit by surrendering the
patent as granted.
 
    Should the successors of the patentee desire to utilize the
filled in portion of the granted area, it will be necessary
for them to make application for a new grant, covering the
filled in area, coincidentally with the surrender of the
previous grant.
 
     Your prompt attention to this matter is requested.
 
                             Yours very truly, 
                             JOHN J. BENNETT, JR., 
                             Attorney General,
 
                             By Hugh Reilly,
                             Deputy Assistant, In Charge of 
                             Bureau of Lands Under Water.