(Jass Book. COPYRIGHT DEPOSIT ABSTRACTS Farm Titles IN THE CITY OF J^JEW YORK, Between 39TH and 75TH Streets, East of the Common Lands. WITH MAPS. H. CROSWELL tUTTLE, Counsdlor-ai-Law. Jtem Dork: n^^'w.shi THE SPECTATOR COMPANY, Printers, 16 Dey St. 1877. Entered according to act of Congress, in the year 1877, by H. CROSWELL TUTTLE, In the office of the Librarian of Congress, at Washington, D. C. PREFACE The frequency with which lawyers are called upon to examine titles in the same tract, and often without an abstract, has taught convey- ancers the expediency of preserving full memoranda of such examina- tions. In order to avoid going over the same ground again and again it is necessary that such memoranda contain, if not verbatim copies, at least, full abstracts of the descriptions in the different deeds. These descriptions, especially in the earlier records, are so long and verbose as to render the copying of them a tedious and protracted labor. S ill, as those tracts contain rarely less than three hundred, and often more than a thousand city lots, the probability of having other titles in that tract makes this considerable outlay of time and trouble at the outset profit- able in the end. By printing the abstracts once for all this tedious necessity of copying and re-copying would be done away with. The author, finding in his possession, as the accummulation of many years, a large collection of such full notes on the different farm titles as might easily be elaborated for publication, believed that the saving of labor thus effected would create a sufficient demand to pay tlie expenses of printing. Tlie many attractive advantages of a printed book over manuscript and loose lead pencil memoranda would also be secured. The frequent and wearisome operation of " digging out " the title would be thus rendered unnecessary. Such a work, too, by arranging the ab- stracts consecutively in ttie order of the situation of the respective tracts would greatly assist in locating the descriptions used in the early deeds. The almost invariable practice in these early descriptions, of bounding the tract conveyed by the land of the adjacent owners, ren- ders necessary a knowledge of their title also in order to pass intelli- gently on the location and boundaries of the premises in question. The " Blue Book," which is at present the best available means of locating descriptions, shows the names of the different owners and the shapes of the farms as divided in the year 1815. At different dates the dimen- sions of these tracts, and the names of their then owners, must, of course, vary. Thus a description in an earlier deed might describe the lines of the tract under examination as running along the land of "An- dries Anderson." Whether Anderson's land was the same as that marked "James Beekman " in the Blue Book, and if not, how it differed is a problem that can be solved only by having an abstract of James Beekman's title with full descriptions. A proper investigation of B's title also in like manner involves a knowledge of the names of his m PRKFACE. neighboring owners from time to time, and of the boundaries given in their deeds. This bringing together of the descriptions of adjoining tracts in a convenient form should shed much light on ques- tions of disputed boundaries. The general removal of the farm fences and other ancient landmarks has subjected the boundaries of these tracts to peculiar uncertainty. The carelessness and encroachments of two centuries must, of course, have moved many of the fences from their true original line. When these farms were subsequently con- veyed, instead of having a new survey made and the property conveyed according to the changed boundaries, the descriptions in the old deeds were generally retained verbatim. The fences being now removed, it is difficult to find satisfactory evidence ot where they stood, and whether they stood in the same place long enough to give a title by adverse possession or to constitute a practical location. The memories of wit- nesses as to the position of old fences are generally contradictory and unreliable, so that the various maps in the Register's, Tax and Comp- troller's offices are about the only available evidence. These, unfor- tunately, vary. Grave questions also arise as to how far these maps prove where the fences actually stood, and in what cases they would be admissible to contradict the written deed. Since the obliteration of the lines of the farm fences these descriptions become, if not in all cases a controlling, yet always a very important element in the prob- lem of boundaries. It has been a special aim of this work to give the descriptions in the deeds verbatim and to continue the titles back as far as possible in the records either here or at Albany. All the patents are given in full and are easy of certain location, except in the case of the Turtle Bay Farm. Copies of nearly all the more important maps in the Register's office have been added. Diagrams have been care- fully made of each tract, according to the descriptions in the deeds, and the differences between these and the recorded maps noted. Wide margins and extra pages are given for notes and corrections ; so that, if the work falls short in any particular of that accuracy which the author has endeavored to attain, it will nevertheless be valuable to each conveyancer as a means of preserving his notes in a convenient, compact and accessible form, with the most laborious parts thereof already printed. The book, so revised and annotated by each indivi- dual lawyer from time to time as he examines the different tracts, will have a particular value to him. The author, however, would state that he has endeavored to secure accuracy by comparing every part of the work at least twice with the original records. H. C. TUTTLE. 32 Park Place ^ New Y'ork^ March ^ 1877. TABLE OF CONTENTS. Pages. The Martin Smith Tract 3 '» H The Turtle Bay Farm— General Title 15 " 34 Subdivision No. 1 35" 56 No. 2 57" 70 No. 3 71 " 81 No. 4.... 83 " 96 No. 5 97 " 108 No. 6. . . 109 •' 117 The James Beekman Tract 119 " 140 The Catharine Livingston Tract 141 ' 150 The George Youle Tract 151: " 162 The Thomas Buchanan Tract 163 " 172 The Brevoort and Odell Tract 173 " 178 The Thomas C. Pearsall Tract 179 " 188 The Philip Brasher Tract 189 " 197 The Thomas Addis Emmet Tract 199 " 2l-8 The Adam Tridwell Tract 209 ' 225 The Abraham and William Beekman Tract 227 " 247 The Peter Sawyer Lot 249 ' ' 270 The Widow Hardenbrook Tract 271 ' ' 286 The Louvre Farm — General Title 287 " 300 " Subdivision No. i 301 " 314 No. 2 315 " 325 No. 3 327 " 350 No. 4 351 " 358 No. 5 359 " 366 No. 6 367 " 390 Index Maps 3, 119, 249 Tables of Chains, Links and Variations of the Needle Appendix. .■11 '-■i\ \ !■ : I ,,0. w^s*' v^v^t" i ! «k w o :> 3. ^^ T ^ 5\\ ':^ -k4^"' A '^.ixv. a'^-V^j'-^o ■"8 ^ "8 C?3 o 1 r y t-t t ^ a / 1 / ,-r / s t 4 CO S 5 5 ^ 0> ^^ ^ fK\ EN V E THE MARTIN SMITH TRAC The accompan3'ing map shows the bouiuhiries of this tract as claimed about the year 1830. The boundary lines, as given in the earlier deeds, dated in 17S6, differ somewhat from these, and are designated by dotted lines on said map. The "■ old road to Kingsbridge " docs not appear to be here identical with the Eastern Post Road, as later established, but ran in a more Easterly direction by an angle of over forty degrees, the old road running North eighty-six degrees East, and the Eastern Post Road North fort3-four degrees thirty miiuites East, as per description in deed from tlie city, recorded in 344 Convey- ances, page 25S. This tract extends according to the said earlier deeds, but ten chains East of the old road, as measured along its Northerly boundary, and consequently if the line of this road ran as far West as the Eastern Post Road did in 1S30, this length of ten chains would not carry the boimds of this tract as far East as the land of Captain Robert Long (Turtle Bay Farm). An eastward deflection of the old road similar to that indi- cated in these early deeds, is shown on aii old map of the city made by Lieutenant B. Ratzer, which was laid out in 1766 and 1767. The original of this map is said to have been in the possession of J. Carson Brevoort, Esq. This tract was vested in Cornelius Vanderhoof prior to 1770, as appears from the will of Jacobus Kip, dated in that year 4 MARTIN SMITH TRACT. The said Cornelius Vanderhoof died seised of said farm, leav- ing a will as follows : Last Will and Testament of Cornelius Vanderhoof. \ Dated 9th Aug., 1773. ^ Proved 28th Sept., 1784. \ 37 Wills, 222. The testator, after directing pa3i'nent of all his debts and funeral expenses, and authorizing his executors to sell his estate at public or private sale, devises to his eight children, John, Abraham, Matthew, Leah, Cornelius, Henry, Catharine and Isaac, and to their heirs and assigns forever, all the remainder, rest and residue of his estate, both real and personal, as tenants in common. It is further provided, that in case any of his children should die under age of twenty-one years, and without lawful issue, his share is to go to the survivors of all his children, their heirs and assigns as tenants in common. Two of said children, as appears from recitals in Liber 234, conveyances page 5S, died under age and without issue, thus leaving each of the survivors seised of one undivided sixth part of said tract, according to the provisions of the will. Mathew Vanderhoof to Thomas White. Lease for One Year. Dated 6th June, 1786. Proved 22d Feb., 1828. Rec. loth March, 1828. 234 Conveyances, 48. Consideration, los. EARLY TITLE. 5 Demises : "All that certain tract of land, with the buildings and improvements thereon, situate lying and being in the out- ward of the city of New York in the Bowery division, being butted and bounded as follows, viz.: Beginning at the extremity of the East line of Jacobus Kip, on the road leading from the city of New York to Kingsbridge, from thence running North fifty-six degrees, East four«hains and forty links, thence North eighty-six degrees, East four chains and ninety links, both along the high- way leading as aforesaid from the City of New York to Kings- bridge, from thence along the land late of Captain Robert Long, but now of the heirs of Sir Peter Warren, deceased, South twenty-three degrees, forty-five minutes. East eight chains, then South twenty-four degrees. West two chains, then South sev- enty-three degrees, fifteen minutes, West seven chains seventy- three links, by the land part late of the said Captain Robert Long, the other part by the land late of Jacobus Kip. thence running by the said land late of the said Jacobus Kip, North nineteen degrees, West six chains along the said land. North thirty degrees, West three chains and thirty links to the first- mentioned bounds ; containing eight acres of land. To have and to aold for the term of one year. DEED. Mathew Vanderhoof ) Dated 7th June, 1786. Proved 22d Feb, 1828. to Rec. loth March, 1828. Thomas White. \ 234 Conveyances 50 Consideration ^22 Conveys one full and equal sixth part, and also all right, fi ^r.■\RTI^■ smttit tract. title, and estate of said Mathew Vanderhoof, in same premises, using the same description as previous instrument. Abraham Parsell and LAN AH, his ivife, {daughter ^/Cornelius Vanderhoof), to Thomas White. DEED. Dated 5th Feb., 1788. Ack. 4th Feb., 1788. Rec. lOth March, 1828. 234 Conveyances, 52. Consideration, iJ"20. Conveys one full and equal sixth part, and also all estate, right, title and interest in same premises, by same description. DEED. Cornelius Vanderhoof and LVDIA his -a'ifi', to Thomas White. Dated 1st May, 1788. Ack. 1st May, 1788. Rec. loth March, 182^ 234 Conveyances, 55. Consideration, i^20. Conveys one full equal sixth part, and also all estate, right, title and interest in same premises, by same description. Catherine Vanderhoof to Thomas White. DEED. Dated 19th April, 1794. Proved 22d Feb., 1828. Rec. loth March, 1828. 234 Conveyances, 57. Consideration, ^35. Conveys full and equal undivided sixth part, and also all KARLV TITLE. 7 estate, vight, title and interest in and to same premises by same description. DEED. Ann, his wife, fo Martin Smith. Thomas White and ] ^^^'^ted 4th April, 1796. Ack. 4th April, 1796. Rec. loth March, 1828. 234 Conveyances, 61. Consideration, ;^8oo. Conveys four full equal undivided sixth parts of same prem- ises by same description. The share of the remaining surviving child appears to have become vested in Henry Brevoort. DEED. Henry Brevoort Dated i6th April, 1796. Ack. 1 6th April, 1796. to \ Rec. loth March, 1828. Martin Smith. \ ^3'^ Conveyances, 64. Consideration, ;^200. Conveys one full and equal sixth part of same premises by same description. DEED. Isaac Vanderhoof Dated i6th April, 1796. Ack. 1 6th April, 1796. to \ Rec. loth March, 1828. Martin Smith. V 2 34 Conveyances, 66. Consideration, ^200. Conveys one full and equal sixth part, and also all estate 8 MARTIN SMITH TRACT, right, title and interest in and to same premises by same descrip- tion. Last Will and Testament I Dated 29th April, 1801. 0/ Proved I2th June, 1801. Martin Smith. \ 43 vVills, 423 \ 43 Wi *' First, after all my just debts and funeral expenses are paid, I give, devise, and bequeath unto my beloved wife Margaret Barbara Smyth, during the term of her natural life, all my real and personal estate whatsoever and wheresoever. Secondly, after the decease of my said wife, my will and desire is, and I do hereby devise, give and bequeath, all my said real and personal estate unto my children, Christina, Elizabeth, John Casper, Margaret Rachel and Hemy, and to the survivor and survivors of them ; but my will and desire is that no division of my said property shall take place untill my youngest child, or the next youngest surviving, shall become of lawful age." The title here diverges, the portion East of Third Avenue having been conveyed to Charles Henry Hall, and the portion West of said Avenue having been divided among the devisees of Martin Smith. TITLE TO PORTION OF FARM EAST OF THIRD AVENUE. QUITCLAIM DEED. Samuel Miner and ] Dated i8th April, 1825. Margaret Bari.ara, his wifcl ^^^^- i8th^April,j825. to Charles Henry Hall. Rec. 31st May, 1825. 190 Conveyances, 394. Consideration, $1,700. CONVF.YS all that piece and parcel of land situate, lying and being in the, at present, Ninth (formerly Seventh) Ward of the said City of New York, bounded on the North, and on the East, by lands belonging, or lately belonging, to Thomas Charles Winthrop, Esq., on the South by lands belonging to the heirs of Jacobus Kip, deceased, and on the West by the street called the Third Avenue, of the said city. Containing six acres, or thereabouts, be the same more or less. DEED. John C. Smith ^w^ Rachel, his \ Dated i8th April, 1825. wife, Henry Smith, Henry/ Ack. i8th April, 1825. Ulrich and Elizabeth, his\ r^c. 31st May, 1825. '*^'lA> I 190 Conveyances, 398. to Charles Henry Hall Consideration, $2,040. Conveys all of three equal undivided fifth parts of same premises by same description. 10 MARTIN SMiril IKACT : EAS'l OF THIRD AVENUE. DEED. John Fleming and J l^-^ted i8th April, 1825. .,„,_,. ,..•„ ,„:^^ ' Ack. 22d April, 1825. ^ Rec. 31st May, 1825. y 190 Conveyan 1 Consideration, Christiana, his wife, ^^ V 190 Conveyances, 400. Chari.es Henrv Hall. ] Consideration, $680. Conveys all of one equal undivided fifth part of same prem- ises by same description. DEED. THo^L\s Gardner, and Margaret, his loi/c, to Charles Henry Hall. J Dated 18th April, 1825. /Ack. 24th Jan., 1826. J- Rec. 6th Feb., 1826. { 202 Conveyances, 21. ) Consi( ideration, $680. Conveys all of one equal undivided fifth part of same prem- ises by same description. For the rest of the title of the portion of this farm lying East of Third Avenue, see that of sub-division one of' Turtle Bay Farm hereinafter shown. TITLE TO PORTION OF FARM WEST OF THIRD AVENUE. DEED. Thomas Gardner, and Mar- | , . -re I Dated oth Aug., 1827. G.\RET, /ns Wife, Samuel I ^ &> / Miner and Margaret BAR-f Ack. 9th August. 1827. BARA, his tvife, '^ Rec. 22 Sept., 1827. to I 225 Conveyances, 256. Henry Ulrich and V Consideration, $550. Henry Smith. I Conveys all that equal undivided fifth part of a certain tract or parcel of land situate betv^^een the old Harlem Road and the Third Avenue, and terminating at the point of their intersec- tion ; bounded Westerly by the Harlaim Road, Easterly by the Third Avenue, Northerly by the intersecting roads, and South- erly by land late the property of Jacob Kip, as the said tract is now^ fenced in and enclosed by the said Samuel Miner, one of the said parties of the first part. The premises hereby intended to be released being the one equal undivided fifth, or share, devised to Margaret, the wife of Thomas Gardner, by virtue of the last w^ill and testament of her deceased father, Martin Smith, amounting in all to about one fifth of two acres, be the same more or less. 12 THE MARTIN SMITH TRACT, DEED. Samuel Miner and Margaret Barbara, his wife, Henrv Ulrich and Elizabeth, /lis , wife, John Casper Smith and Rachel, his ivife, Henry Snhth and Eliza, liis wife, to Ralph Lockw(~)OD. Dated — July, 1831. Ack'd. 17th and i8th July, 1831. Rec. 2 1 St July, 1831. 275 Conveyances, 543. Consideration, $800. CowEYS all the one equal undivided fifth part, and also all the one equal undivided half of one other equal undivided fifth part of same premises as the previous deed, by same description, fin'ther reciting that the same were " parcel of the premises devised by Martin Smyth, of the City of New York, to his wife and children, and the one-fifth above described, and hereby conveyed, being the one-fifth of said land devised by said Martin Smyth to his son Henry Smith, and the one-half of the one-fifth above described being the one-half of the one-fifth of the same premises devised by the said Martin Smyth to his daughter Margaret, now wife of Thomas Gard- tier, and by said Thomas Gardner and wife conveyed to the said Henry Smith and Henry Ulrich." Subject to two mortgages, one to John G. Coster, recorded in Liber 115, Morts. 31 (which was discharged of record on 19th March, 1S36), and the other to Abram Barker, recorded in Liber 132, morts. 35, which was discharged of record on 19th March, 1836. ^^^^^ Ralph Luckwood to Ira Lock wood. Dated i6th April, 1832. Ack. i6th April, 1832. Rec. 1 6th April, 1832. 282 Conveyances, 638. Consideration, $1,200. WEST OF THIRD AVENUE. 13 Conveys same premises by same description, subject to same mortgages. DEED. Ira Lockwood a/u^ Dated 7th Jan., 1836. Proved 14th Jan., 1836. Rec. 22d Jan., 1836. Ci.E^rENTlNE, /m- 7i'i/i\ \ 346 Conveyances, 305. ^^ / Rec. with fuller proof Ralph Lockwood. \ on Qth April, 1839. I 394 Conveyances, 560. / Consideration, $2,000. Conveys same premises by same description, subject to same mortgages. DEED. . ,, ^ c J -n 1 Dated ist May, 1828. JriHx C. Smith an^ Rachel / ^ , , ,^ o ^ ■^ ... f Ack. 3d May, 1828. ^'^■' ^''<^''' \ Rec. 22d May, 1836. ''' V S5' Conveyances, 548. Samuel Miner. \ Consideration, $500. Conveys all that one-fifth part of a certain triangular piece, or parcel of land situate in the Twelfth Ward of the City of New York, and bounded and described as follows viz.: East by the Thiril Avenue, West by the old Boston Turnpike Road, South by lands belonging to the heirs of Jacobus Kip, and Nort) by the angle formed bv the junction of the said old Boston Turnpike Road and the Third Avenue aforesaid. Containing one acre and an half an acre, be the same more or less. DEED. Samuel Miner J ^'^^^^ 13th Sept., .834. , . .. f Ack. 15th Sept., 1834. and Margaret, /as zoife, [ -r, ^^1 c .. o - ' > Rec. 17th Sept., 1834. ^^ \ ^lQ Conveyances, gi. HENRV U I, rich. \ ,i • J / a. Consideration, $200. 14 THE MARTIN SMITH TRACT. Conveys same premises as previous deed by same descrip- tion. DEED. Dated 5th March, 1834. Ack. 5th March, 1834. Rec. 6th March, 1834. .312 Conveyances, 12. ■' . " I Consideration, $800. John Fleming, and Christina, Jiis wife, to Conveys two lots, each twenty-five feet wide by one hun- dred feet long, to be selected out of the part set apart to Chris- tina Fleming, and to be a corner lot on avenue with one addi- tional middle lot. This property was then partitioned among the owners thereof, as shown on the diagram at the head of this abstract. For partition deeds see Liber 346, Convs., pages 287, 299, 301, and 302. yf \ ^ \> \A 1 V A i?l ■ 5 , .: ■ t , > .>. i"f^ 4 ^Ir^^^rTr-. fi\ •9 n i -^ ^ J\ 5 i \\ \« ( ^ X -^ j i 1 1 i f ^^ % \ Of^ U1.J^L_JJ r. n I — —I vy? 0\7\ ' — rT^^~i-''''nr~! \ J \ \% Mi \ \ \i L_1JL ' 1' UL I 5','ii -s. J l"^:li\: f nnf rXi^r \ — -^i\r£ji^ THE TURTLE BAY FARM. The accompanying diagram shows the farm as the same was sub-divided about the year 1760. The hne of the "old road to Kingsbridge " is plotted out ac- cording to the description in deed to Francis B. Winthrop, (288 Conveyances, page 503, hereinafter set forth). The description in this deed is evidently copied verbatim from the earlier deeds not recorded. The road indicated in these deeds was appar- ently not identical with the " Eastern Post Road," as shown in the later maps. The various courses of the Easterly side of this road, as given in said deeds differ, materially, in length and direction, from those shown on map of Turtle Bay Farm, numbered 314 in New York Register's office, which map was made upon the division of the farm among the devisees of Francis B. Winthrop in 1820. This old road also ran over 100 feet East of the Eastern Post Road as there laid down. Ac- If) THE 'IT'KTT.F. HAV FAinF : EARLY TITLE. cording to this map, measuring along the Northerly boundary of Turtle Bay Farm the distance from the road as there laid down to high water mark is 1,876 feet, whereas in said early deeds it is but 26 chains and 80 links, about 1,770 feet. The course, which ran along the Northerly boundary of the Martin Smith estate, is in length but 9 chains and 68 links, (about 640 feet), according to said deed. This distance, if measured from the Eastern Post Road, as established in said map. would not be long enough to reach the Eastern boundary of the said Smith estate, by over 100 feet. The result of meas- uring these courses from the Eastern Post Road, as represented on said map, number 314, would be to make the property con- veyed to Francis B. Winthrop overlap upon the Easterly bound- ary of the said Smith estate over 100 feet. As to the fact that at the time the survey was made from which the description in said deed, recorded in Liber 2S8, Con- veyances, page 503, was taken, the road therein mentioned ran East of the Eastern Post Road, as more recently established, see also remarks in the abstract of the Martin Smith tract, ante page 3. In considering the general early title of the Turtle Bay Farm, we will first trace the title to the main portion marked "John Ryckman," on the annexed diagram, and then of the portion marked "Nelia Van Vleeck," and lastly, the title of the portion marked " Andries Anderson." TrrLE TO John Ryckman Portion. This piece lies partly within the patent granted by the Dutch Governor to George Holmes and Thomas Hall, of which the following is a translation : VllE TURTLE 1!A^' FARM : JOHN R\(K.N[A\ I'[1XK. IT PATENT. William Kieft, Governor, etc., f^j [ Dated 15th Nov., 1639. GEORCiE HOMS and ToMAS Hal. • We, William Kieft, Director-General, and Councillors of the High and Mighty Lords, tlie States General of the United Pro- vinces, and his Highness of Orange, and their Excellencies, the Manages of the Incorporated West India Company, in New Netherland residing, do, by these presents, publish and declare that we, on this day (the date underwritten), have given and granted to George Homs, Tomas Hal, Tobacco Planters, being partners, a certain piece of land lying in the Island Manhates, extending in breadth from Dewtel Bay along the East River till to the Hill of Schepmocs, where the Beach tree lies over the water, and then in its length from the said river straight into the woods, and of the same breadth all along the water, one hundred rods of thirteen feet to the rod, upon the express condition and terms that George Homs and Tomas Hal, or their successors, shall acknowledge tlie noble Lords, the managers aforesaid, as their Masters and Patrons under the Sovereignty of the high and mighty Lords, the States General, and hereto their Direc- tor and Council, to be obedient, as good citizens are bound to do, submitting themselves to all such taxes and imposts as by the noble Lords have been appointed, or may be appointed, constituting over the same George Homs and Tomas Hal in tlie real and actual possession of the aforesaid piece of land ; giving unto the same the full and irrevocable power, the before- described parcel of land to entre, occupy, cultivate and use in like manner as he might do with his own patrimonial lands and effects, without our, the grantors, in our quality as aforesaid, having any longer reserving, or saving therein, any part or con- 18 TliK TUKTI.K HAV FARM. trol of ownership, but to the behoof aforesaid, from all desist- ing, now and forever abstaining, withdrawing and renouncing by these presents ; promising moreover, this, their transport, lirmly, inviolably and irrevocably to maintain, fulfil and execute, as in equity we are bound to do. And for the further confirmation these presents are subscribed and our seal appended. Done this 15th day of November, A. D., 1639, in the Fort Amsterdam. Here- of an act, decree ordered has been granted to George Homs and Tomas Hal, which was undersigned by William Kieft. By order of the Excellencies, the Directors Council. CoRNELis Van Tienk, Secretary. TRANSPORT. Tomas Hal / Dated 21st Oct., 1640. . ^ Recited in the followinj^r George Homs. Confirmation of Pa- tent. Conveys undivided half of same premises. CONFIRMATION OF PATENT. Richard Nichols, \ Governor, etc., j Dated 4th July, 1677. /o I Rec. in Secretary of Priscilla Holmes, William) State's Office at Holmes, rt«^ John Holmes 1 Albany. children of George Holmes, \ Book 2, Patents 68. deceased. ] Recites that : *•' Whereas, there was a patent, or groimd briefe, heretofore granted by ye Dutch Governor, William Keift, unto JOHN' RYCKMAX PIECK. 19 George Holmes and Thomas Hall for a certaine piece of ground lying upon this Island, Manhatans, stretching in breadth from Turtle Bay along by ye East River to ye Creek, or Kill, next to ye Schepmoes land, and ye like length into ye woods as it is in breadth along ye water side, containing one hundred rod at thir- teen foot to the rod ; which said patent, or ground Briefe, so granted, as aforesaid, beares date ye 15th day of November, 1639, and ye said Thomas Hall having, upon ye 21st day of October, 1640, transported his halfe of the said land and plan- tation to ye said George Holmes." Confirms said patent unto his children, Priscilla, William, and John Holmes. DEED. Priscilla Holmes «;/^ i Dated 12th Feb., 1678. William Holmes ( Recited in deed record- to ( ed in Liber 12, Con- JoHN Holmes. \ veyances 51. Conveys all their interest in lands included in said patent. PATENT. Fraxcis Lovelace, Esc^, J Dated 21st Feb., 1671. Governor, etc., f Rec. in Secretary of /o } State's Office at Al- JuHX Maxxixg. \ bany. / 3 Patents, 93. •' Whereas, there is a certaine parcell of land upon this Island, Manhatans, adjoining to the Kill, or Creek, commonly called the Mill Kill, next to Dewtell Bay on the North, and so running alongst the water side over against Man Island Eastward on the South side of ye saw kill, from whence it extendeth upon a line .Westward one hundred and fifty rodd into ye woods, conteyn- ing, by estimation, «— ^ acres, or margen ; which said par- 20 THE TURTLE BAY FARM. cell of lands lyes unmanured and implanted, and doth not pro- perly belong to any particular person, to ye end some good im- provement may bee made thereupon. Know yee, that by vertue of the commission and authority unto mee given by his Royal Highness, I have given and grant- ed, and by these presents doe give, ratify, confirm and grant unto Captain John Manning, his heyers and assigns, the afore- recited parcell of land and premises, with all and singular, the appertenances." The said premises, described in above patent, became vested first in Mr. Holmes, and subsequently, together with the rest of the portion of Tiu'tle Bay Farm in question, in John Ryckman, who died seised, leaving a will as follows : Last Will and Testament j Dated loth Jan., 1732. 0/ > Proved loth April, 1734. John Ryckman. \ Liber 12, Wills 153. ''^Imprimis, my will and desire is, that my whole estate (after my decease), both reall and personall, shall be disposed of to the best advantage by my executors, hereinafter named, vizt. : my dear beloved wife, Cornelia, Brothers Samuel Kip and Abraham Van Vleck, who I constitute, make and ordain my executors of this my last will and testament." After providing for certain debts and legacies, " all the rest of my estate remaining, after the above legacies and debts be paid, I give and devise in man- ner and form following, vizt. : To my beloved wife Cornelia, one full quarter part thereof, the other three-quarters to be divided amongst all my child'"en, vizt. : The children of my son Albert — Albert, Catharin and Rebecca — one child's portion, with my sons, Jacobus, John, Tobias, Isaac, Abraham, Samuell, Albert, and daughters Maria, Cathalina, each of them share and share alike, to be delivered unto each of themselves by my JOHN RYCKMAX PIECE. 21 said executors, giving and granting unto my said executors, full power and authority by these presents to make, sale, and dis- pose of my whole estate, moveable and immoveable, as they shall think best, not questioning their endeavor." DEED. Cornelia Rvct.MAN, Widozv, j and the Excaitors of JOHN^ Ryckman, > Not Recorded, but Re- to ( cited in 288, Convey- „ , \ ances, 503. Robert Long. \ ' ^ ^ Conveys main portion of Turtle Bay Farm, DEED. T/ic Mayor, Aldermen and Com- \ Dated 12th Oct., 1734. monalty of the City of New York [ Recorded in Comptrol- ler's Office in Liber to Robert Long. \ ^' ^^^>^ ^^^"^^ ^^3- Conveys all that certain piece or parcel of land lying on the Southwest side of Turtle Bay, in the outward of the City of New York, near the entrance of the said Bay, beginning at a certain rock lying near high-water mark, upon the land lately purchased by the said Robert Long of the widow and executors of John Ruyckman, deceased, at which place (the beginning), upon the aforesaid rock, are marked the letters R. L. No. 2, and from thence running Northeast fifty feet into the said Bay, and from thence North Northwest one hundred feet, from thence South- west to high-water mark, and from thence along high-water mark as it runs to the rock where it began. Reserving a yearly rent of one peppercorn, 22 THK TURTLK HAY FARM. DEED. Rohp:rt Lonc and Mary AsiiFiELU, /!W w//" Rec. 29th April, 1793, in Peter Kemble, and ( Secy State's Office, John Watts. \ Albany, in 25 Deeds, / 71. Conveys the Turtle Bay Farm, with other property. In trust, to sell and dispose of the same in fee simple, and to pay proceeds to Francis Gosling and John Wilmot, the Trustees of parties of the first part. Henry Gage, and Susannah, his ivifc, ' DEED. John Aylmer, I D^ted 21st Oct., 1791, Surviving Trustee\ Proved 8th Nov., 1791, Francis GosLiN, ««<^ / Rec. 13th Oct., 1832. John Wilmot, Trustees, 1 288 Conveyances, 503. to \ Consideration, ^1,500. Francis B. Winthrop. Conveys all that certain farm or tract of land situate and lying in the Seventh Ward of the City of New York, adjoining the East River, and known by the name of Turtle Bay, and begins on the said River at a Rock where a grist-mill formerly stood, and from thence runs North seventeen degrees twenty- five minutes. East three chains ; then North seven degrees fifty minutes. West three chains and thirty links ; then North sixty- seven degrees twenty minutes, West sixty links ; then North 26 THE TURTLE BAY FARM. thirty-nine degrees twenty minutes, West two chains and eighty links ; then South eighty-eight degrees forty minutes, West two chains, and South seventy-eight degrees forty minutes, West two chains and ninety links ; then North eighty-one de- grees and twenty minutes, West one cham thirty links ; then North twenty-one degrees twenty-one minutes, West five chains ; then North eight degrees forty minutes, East ninety links ; then North sixty-seven degrees twenty minutes. West one chain ; thence along McQiiier's land to the old road ; then South thirty-one degrees twenty-five minutes, West three chains twenty-one links, and South twenty-five degrees. West two chains, and South forty-one degrees ten minutes. West one chain, and South fifty-four degrees twenty-five minutes. West four chains and ten links, and South fifty degrees, thirty-five minutes. West two chains seventeen links, and South eighty- one degrees twenty-five minutes. West five chains and eight links ; thence South twenty-eight degrees, East nine chains and sixty-eight links ; theiice South sixty-nine degrees fifty minutes, West four chains and eighty-four links ; and from thence South thirty-three degrees. East twenty-two chains and forty links to the East River ; and thence along the East River to the place of beginning. Containing fifty-six acres and thirty perches of land, being bounded to the Southeast by said East River, to the Northeast by land of Abraham Brevoort, to the Northwest by land in occupation of said Dennis McQuier, and to the South- west by land in the occupation of Van Vleck and White ; together with a certain piece of land on the Southwest side of said Turtle Bay, beginning at a certain rock lying near high- water mark, on which are marked the letters R. L. No. 2, and from thence running Northeast fifty feet into the said Bay, and from thence NNW. one hundred feet, and from thence South- west to high-water mark, and from thence along highwatei: mark as it runs to the rock where it began. Together with all such other land and premises as may JOHN RYCKMAN PIECE. 27 appertain or belong to, or are known and reported as part and parcel of the said form called Turtle Bay, and was granted and conveyed to the aforesaid Sir Peter Warren by the said Robert Long and Mary Ashfield by indenture dated 23d March, 1749, containing in the whole, by estimation, one hundred acres of land. Title to Nelia Van Vleeck Portion. This was probably included in the aforesaid patent to George Holmes and Thomas Hall. It afterwards became vested in Jacobus Kip, who died seised thereof, leaving a will as follows : Dated 13th Aug., 1770. Proved in Mayor's Court . 25th July, 1805. JACOBUS KIP. \ I Record Of Wills, 13. Last Will mid Testament of Devises to Nelia, wife of John Van Vleeck, five acres of land, to be laid out along the line which divides his said farm from Turtle Bay ; which said five acres are to be laid out so as to be of equal breadth on the East River, and on the land be- longing to Cornelius Vanderhoof, to have and to hold the same to her, her heirs and assigns forever, with the liberty and priviledge of having a road of twenty feet in width from the said five acres over that part of his said farm that joins on the land of Cornelius Vanderhoof to the King's Highway. This portion thus devised to Mrs. Van Vleeck afterwards be- came vested in Francis B. Winthrop. The conveyance does not appear to be recorded. 28 THE TURTLE BAY FARM. Title to Andries Anderson Piece. This is part of a tract of thirty acres vested in Gabriell Curte- see by the following patent : ' PATENT. Edmund Andros, Esq., j Dated 19th March, 1676. Governor, etc., f Rec. in the Secretary of to ) State's Office, Alba- Gabriell Curtesee. \ ny, 4 Patents, 121. " Whereas there is a certaine lott of land upon this island, Mahatans, the which, by vertue of my warrant, hath been laid out for Gabriell Curtesee, which said lott is flbrty rod in breadth, being bounded to the Southeast by the River, and to the North- east by the land of David Du Four, ranging in length North- west one hundred and twenty rods, and bounded to the North- west by the highway, to the Southwest by the land of William Holmes, containing the quantity of thirty acres, as by the return of the survey under the hand of the surveyor doth and may appear." Grants the said premises to the patentee. This tract afterwards became vested in George Elsworth, who died seised thereof, leaving a will as follows : Last Will and Testament I Dated 8th Auo-., 172 7. 0/ ^ Proved nth Feb., 1733. George Elsworth. \ 12 Wills, 132. \" THE ANDRIES ANDERSON PIECE. 29 Gives his wife Arianchea a life estate in ail his real property, provided she remain his widow. After certain legacies he pro- vides as follows : " All the rest and remainder of my real land personall estate, not herein already disposed of, I give and be- queath unto my children, namely, Theophilus Elsworth, John Elsworth, George Elsworth, Ahasuerus Elsworth and Ananche Elsworth, equally to be divided and shared and parted amongst them, to have and to hold one equal part thereof, to each of them, my said children, and to each of their heirs and assigns to and for their own use forever." Arianchea Elsworth, The( PHiLus Elsworth and^SARAU, his wife, John Elsworth and[ Sarah, his wife, George Els- worth rt;/^ Jannetie, his wife, Ahasuerus Elsworth, John Constable ««^ Ananche, ]iis\ wife. DEED. Dated 4th Sept., 1736. Ack. 6th Sept., 1736. Rec. 7th Sept., 1736. 33 Conveyances, 66. Consideration, ^,'150. Matthew N orris. Conveys all that certain messuage tenement, or house, water- mill, and lott or parcell of ground situate, lying, and being at Turtle Bay, within the bounds of York City, whereof the said George Elsworth, senior, died seised, bounded to the river Southeast, and ranging in length Northwest one hundred and twenty rod, and bounded to the Northwest by the Highway ; bounded to the Northeast by the land of David Deffoare, and Southwest by the land of late of William Holms, containing, by estimation, thirty acres. 30 THE TURTLE BAY FARM. Matthew Norris, and EUPHEMIA, his tvife, to Andries Van Albody. DEED. Dated 28th July, 1738. Ack. 28th July, 1738. Rec. 1 6th April, 1739. 32 Conveyances, 125. Consideration, ^^185. Conveys same premises by same descripti BOND. Andries Albody, to Jacobus Mantangue. Dated 22d July, 1738. Ack. 4th Aug., 1738. Rec. 27th July, 1762. 36 Conveyances. 164 Bond in penalty of ;^ 200, conditioned to give to Mattawis Byse and Rebecca Byse, children of John Byse (the said An- dries Albody, having recently intermarried with Hannah Byse, widow of the said John Byse) an even and equal share and portion, by will or otherwise, with the children that Andries Anderson may have by the said Hannah. Andries Albody afterwards assumed the alias of Anderson, being known as Andries Anderson. Andries Anderson died seised of said tract. There is no will of record in New York County. The following is the deed of partition between the three sons of said deceased. The portion of Turtle Bay Farm in question is comprised in Lot. I. on the annexed diagram. THE ANDRIES ANDERSON PIECE. 31 Elias Anderson, j PARTITION DEED. of \st paj't, I f Dated 3d Jan., 1763. John Anderson, l t of 2d part, / Ack. 7th April, 1764. Abraham Anderson, \ ^^^- ^^^h Oct., 1775. of 3^ part. ] 40 Conveyances, 478. Recites seisin of parties as tenants in common of farm, and a division of the same into three lots, and that upon this par- tition Lot 3 fell to the share of Elias Anderson. Releases to Elias Anderson said Lot 3 by the following description : " All that the said Southwestermost third part of said farm or plantation known and distinguished in the said chart or map by lot number three ; butted and bounded as in the said map, and hereinafter is particularly mentioned and expressed (that is to say) : Beginning at the River side and the most Southerly corner of the said lot number two ; thence running along the said River South thirty-nine degrees, West four chains and forty links ; thence North forty degrees, West three chains and forty links to a dwelling house, wherein Andries Anderson, father to the parties to these presents, lately lived and died ; thence South sixty-five degrees. West three chains and twenty links to the mill late of the said Andries Anderson ; thence North eighteen degrees forty-five minutes. East three chains ; thence North six degrees thirty minutes, West three chains and thirty links ; then North sixty-six degrees. West sixty links ; then North thirty-eight degrees. West two chains and eighty links ; then West two chains ; then South eighty degrees, West two chains and ninety links ; then North eighty degrees. West one chain and thirty links ; then North twenty degrees. West five chains ; then North ten degrees, East ninety links ; then North sixty-six degrees, West one chain ; then North forty-four degrees thirty minutes, West three chains 32 THE TURTLE BAY FARM. and fifty links to the said highway ; then along the said high- way North twenty-one degrees, East three chains and thirty-two links to a pear-tree standing there ; thence North thirty-five de- grees thirty minutes, East sixty-five links to the most Westerly corner of said lot two ; thence along the bounds of said lot two, South forty-five degrees thirty minutes, East twenty-six chains and eighty links to the place of beginning. The children of John Byse gave a release to James Beekman of lot one on said map (see 40 Cons., 471)? but there is no other release by them on record. LEASE AND RE- LEASE. Elias Anderson to David Devour. Dated i8th and 19th June, 1765. Not Recorded, but Re- cited in the following- Deed. Conveys same premises by same description. MORTGAGF. David Devore to Francis Bassett ajid EleanorJ Bassett, Executors of John^ Bassett. To Secure ^165. Dated 4th Aug., 1769. Reg. 4th Aug, 1769. 2 Morts., 371. Covers same premises by same description. Last Will and Testament of David Devoor. i Dated 30th May, 1780. ; Proved 12th June, 1780. 37 Wills, 260. After certain legacies he devises the rest, residue, and re- THE ANDRIES ANDERSON PIECE. 33 mainder of all his estate, real and personal, unto his daughter Ann Devoore, to hold the same to her, her heirs, executors, ad- ministrators and assigns forever, with certain remainders over in case she die under the age of eighteen years, unmarried, and without issue. On 29th May, 1788, the said Ann Devore intermarried with Abraham Brevoort. DEED. Abraham Brevoort, and J Dated 15th March, 1792. Ack. 15th March, 1792. Rec. nth Dec, 1832, Anna, his wife, to Francis B. Winthrop. 290 Conveyances, 246. Consideration, ij^soo. Conveys same premises by same description. Thus Francis B. Winthrop became seised of the whole of the Turtle Bay Farm, and continued in possession thereof till his death on i6th May, 18 17. He left him surviving: Fhebe Win- throp, his widow, and 1 . John Still Winthrop. 2. Cornelia, afterwards wife of Charles W. Taylor. 3. William H. Winthrop. 4. Charlotte Ann, wife of John M. Aspinwall. 5. Thomas Charles Winthrop. 6. Francis B. Winthrop. 7. Mary Jane Winthrop. His children and heirs-at-law. Last Will and Testament i Dated 1st June, 181 3. 0/ \ Proved 20th May, 1820. Francis B. Winthrop. 53 Wills, 584. After certain legacies and provisions for his wife in lieu of 34 THE TURTLE BAY FARM: GENERAL TITLE. dower, the will contains the following clause : " All the rest, residue, and remainder of my estate whatsoever, and whereso- ever, not hereinbefore disposed of, I give, devise, and bequeath to my children, which I now have, or hereafter may have, to be equally divided amongst them, their heirs and assigns for- ever ; the issue of any child deceased to be entitled to the pro- portion which would have been given to such child if living." In 1S20, the said devisees of Francis B. Winthrop, having all arrived at full age, divided said farm into six lots, numbered re- spectively from one to six, both inclusive. These lots are shown on map No. 314, in New York Register's office. By this partition, the lots were set apart as follows : Lot I to Thomas Charles Winthrop, see 147 Convs., i. 2 to Mary Jane Winthrop, see 147 Convs., 6. 3 to Cornelia Taylor, see 147 Convs., 10. 4 to Charlotte Ann Aspinwall, see 147 Convs., 14. 5 to Francis B. Winthrop, see 147 Convs., 18. 6. to William H. Winthrop, see 147 Convs., 23. I 5*TJ iJ J 45 "" 323 Gms 1+92 305- Ccmj ?^ Sr«, 44.- ^- Jff V i.Fr Jo9 C(nu l^O "J05 Cons J^ JSS -?«^' ^ . as J09 Coy.s itO . /C97 On. JY/^ ^ 3 — 7n — W ? i ■ 5> ^-5 S 5 /^J>r CcTK, J-f6 ^ ft Stri 42- c^ MAP C3 5^||^~ .f . vvi ■--■; 1 TUHTLE BAY FAKM "\ i::^..^ 1 MAflTIN SMITH TRACT 4-0 Ohji portion Gcul of ifecayioL CVi/enue. Anir rtu. cU/'iAfrJ- paA.(!M covwt^cd. Jx^ nt'^ Qe^vUucU CuXXov,^, or- Aoi e^ccoUon, ~'^ cf U2" Si: okiFiw l(u. cU/fcu/rU- fia^ci^ co-n^en^<-d jU, JAomOA ^ lOa/v cixftUa frvm yyloji «? l6o n.tf r?eoctai> <^ < doO CaYL6 A+O ^d^S Cans i5Pp'*!?jpat-|- JSS .30 9 Ccms AtO. J)OT Ccrns ^51 J€r Jo 5" Ccms 5 l.W\<;XTI BVA \lV^1 ? Consideration, $10,000. Conveys all that piece, parcel, or tract of land, situate, lying, and being in the Twelfth (late Ninth) Ward of the City of New York, described and bounded as follows, to wit : Eastwardly by the centre of the Second Avenue, Southwardly partly by land belonging to the heirs of Samuel Kip and partly by land belonging to the said party of the second part, Westwardly partly by land belonging to the said party of the second part, partly by the Third Avenue, and partly by the old Eastern Post Road, and Northerly by that part of the Turtle Bay Farm (so called), late the property of Francis Bayard Winthrop, Esquire, deceased, known as subdivision number 3 (three). The above tract comprehends, or is intended to comprehend, all that part of the land conveyed to the said Jonathan Prescott Hall by Thomas Charles Winthrop and Georgiana, his wife by deed bearing date the 9th (ninth) day of February, in the year of our Lord one thousand eight hundred and twenty-five (1825), re- corded in the office of the Register in and for the City and 48 THE TURTLE BAY FARM. County of New York, in Liber 212 of Conveyances, page 142, which lies Westward of the centre of the Second Avenue. Also, the right to the use in common of a lane twenty feet wide, extending from a certain monument known as monument num- ber two on the premises aforesaid, along the Northeasterly lioiuuls of lands belonging to the heirs of Samuel Kip, deceased, to tlie Eastern Post Road, excepting where it is intersected by the Third Avenue. Subject, nevertheless, and reserving forever hereafter to the proprietors of sub-divisions Nos. 2 (two) and 3 (three) of said Turtle Bay Farm, and to the proprietors of that part of subdivision number i (one) of said farm which lies Eastwardly of the centre of the Second Avenue, the right to the use, in common with the said party of the second part, his heirs and assigns, forever of a certain lane thirty-two feet wide, commencing at the old Eastern Post Road on the Northerly side of the premises hereby conveyed and extending to the cen- tre of the Second Avenue. See release of dower, in Liber S57, lonvs. 699. Charles Henry Hall, as shown in the title to " the Martin Smith Tract," was seised of that portion of said tract which lies East of Third Avenue. He caused a majD to be made of this portion of said tract, together with the premises conveyed by the previous deed. The whole piece so vested in him was known as " Prospect Hill." A map was made for him of said tract, which map will be found recorded with deed next hereinafter set forth. DEED. Charles Henry Hall and 1 Dated 28th Jan., 1828. Sarah, /^/j- wife, I Ack. 28th Jan., 1828. fo y Rec. 26th March, 1828. Robert Fuller i 233 Conveyances, 474. and Thomas Thomas. ) Consideration, $1,900. SUB-DIVISION ONE WEST SECOND AVENUE. 49 Conveys lots numbers eighicy-nine to ninety-six, both inclus- ive, on said map ; being together known as parcel twelve. See Liber 290, Convs., page 301, for deed of 42d Street, ad- jacent to said lots. DEED. ROBERT FULLER and AnN F., ^^^^^ ^^^ ^^^_^ ^g^^^ his zvife, THOMAS THOMAS,/ Ack. 1st Nov., 1831. ^«^ HETTY, his^ife, V ^^^ ^^^^^ ^^^^.^j^^ ^^^^^ ^ \ 282 Conveyances, 452. Thomas E. Davis. ] Consideration, $3,300. Conveys same eight lots. DEED. Charles Henry Hall and j Dated ist Feb., 1831. Sarah, /lis wife, I Ack. 5th Feb., 1831. to ) Rec. 9th Feb., 1831. Thomas E. Davis. \ 269 Conveyances, 185. ) Consideration, $20,000. Conveys all that piece, parcel, or tract of land, situate, lying, and being in the Twelfth (late Ninth) Ward of the City of New York, containing about fourteen acres, be the same more or less, described and bounded as follows, to wit : Eastwardly by the centre of the Second Avenue, Southwardly for the principal part by land now or lately belonging to the heirs of Samuel Kip, deceased, and also in part by eight certain lots of ground which were conveyed by the said parties of the first part to Robert Fuller and Thomas Thomas, by deed bearing date on the zSth day of January, in the year 1828, recorded in the office of the Register in and for the City and County of New York, in Liber 233 of Conveyances, page 474, Westwardly in part by the said last-mentioned eight lots of land, partly by the Third Avenue, and partly by the old Eastern Post Road, and North- wardly by that part of the Turtle Bay Farm, so called, late the 50 THE TURTLE BAY FAR^f. property of Francis Bayard Winthrop, Esq., deceased, known as subdivision number 3 (three). Also, the right to the use in common of a huie twenty feet wide, extending from a certain monument known as monument number two on the premises aforesaid along the Northeasterly bounds of land belonging to the heirs of Samuel Kip, deceased, to the Eastern Post Road, excepting where it is intersected by the Third Avenue ; subject, nevertheless, and reserving forever hereafter to the proprietors of sub-division number 2 (two) and 3 (three) of said Turtle Bay Farm, and to the proprietors of that part of sub-division number I (one) of said farm which lies Eastward of the centre of Sec- ond Avenue, the right to the use in common with the said party of the second part, his heirs and assigns forever, of a certain lane, thirty-two feet wide, commencing at the old Eastern Post Road on the Northerly side of the premises hereby conveyed, and extending to the centre of the Second Avenue. DEED. Thomas E. Davis and J Dated 7th Dec, 1831. ANNE, /./. 7.V/., /Ack. 7th Dec, 1 83 1. I Rec. 9th Dec, 1831. / 279 Conveyances, 1 10. Horace Canfield and i Consideration, $75,000. Herman Canfield. 1 Conveys, with other property, also all that certain other piece, parcel, or tract of land, a part whereof the above-named Charles Henry Hall and Sarah, his wife, conveyed to the said Thomas E. Davis, by deed bearing date the First day of February last past, and recorded in the Register's Office aforesaid, in Liber 269 of Conveyances, page 185 ; and the other part whereof (comprising and consisting of eight contiguous lots of ground) Robert Fuller and Ann F., his wife, and Thomas Thomas and Hetty, his wife, conveyed to the said Thomas E. Davis, by deed I SUB-DIVISION ONE WEST SECOND AVENUE. 5 1 bearing date the First day of November, 183 1, which said other piece, parcel, or tract of land, situated, lying, and being in the Twelfth (late Ninth) Ward of the City of New York, and con- taining (exclusive of the said eight lots of ground) about four- teen acres, be the same more or less, is described and bounded as follows, to-wit : Eastwardly by the centre of the Second Avenue ; Southwardly by land now, or lately, belonging to the iieirs of Samuel Kip, deceased ; Westwardly, in part by the Third Avenue, and partly by the old Eastern Post Road ; and Northwardly by that part of the Turtle Bay Farm, so-called, late the property of Francis Bayard Winthrop, Esquire, de- ceased, known as sub-division number three (3). Also the right to the use in common of a lane twenty feet wide, extending from a certain monument known as monument number two (2) on the premises aforesaid along the Northeasterly bounds of land belonging to the heirs of Samuel Kip, deceased, to the Eastern Post Road, excepting where it is intersected by the Third Avenue ; subject, nevertheless, and reserving forever hereafter to the proprietors of sub-divisions number 2 (two) and 3 (three) of said Turtle Bay Farm, and to the proprietors of that part of sub-division number 1 (one) of said farm which lies Eastward of the centre of Second Avenue, the right to the use in common with the said party of the second part, his heirs and assigns forever, of a certain lane thirty-two feet wide, commenc- ing at the old Eastern Post Road on the Northerly side of the premises hereby conveyed, and extending to the centre of the Second Avenue. DEED. Horace Canfield and jan- J ^^^ed 14th Dec, 1831. NETTE, his wife, HERMANf ^c^- Hth Dec, 1831. Canfield, > Rec i6th Dec, 1831. to ( 278 Conveyances, 477. Thomas E. Davis. \ Consideration, $75,000. 52 THE TURTLE BAY FARM. Conveys same premises by same description. MORTGAGE. Thomas E. Davis and j To Secure $15,000. Anne, /12s wife, I Dated 15th Dec, 1832. > Ack. 15th Dec, 1832. I Rec, 15th Dec, 1832. THOMAS J, Oakley. \ ,57 Mortgages, 4.9. Covers all that piece, parcel, or tract of land situate in the Twelfth Ward of the City of New York, containing about four- teen acres, be the same more or less, bounded as follows, to- wit ; Eastwardly by the centre of the Second Avenue ; South- wardly by land now, or lately, belonging to the heirs of Samuel Kip, deceased ; Westwardly, partly by the Third Avenue, and partly by the old Eastern Post Road, and Northwardly by that part of the Turtle Bay Farm, so-called, late the property of Francis Bayard Winthrop, Esq., deceased, known as sub-divis- ion number 3 (three). The preceding mortgage was discharged of record on 23d December, 1833 ; see Liber 4 Discharges, page i. DEED. Thomas E. Davis and j Dated ist Feb., 1833. Anne, kis tvife, f Ack. 2d Feb., 1833. fo } Rec 2d March, 1833. Jacob Brantingham. \ ^93 Conveyances, 199. ) Consideration, $13,000. Conveys all those certain lots, pieces, and parcels of ground situate, lying, and being in the Twelfth Ward of the City of New York, being part of the farm of the late Francis Bayard Win- throp, deceased, called Turde Bay Farm, and known and desig- nated on a map of the first allotment of Turtle Bay Farm, situated SUB-DIVISION ONE WEST SECOND AVENUE. 53 in the Twelfth Ward of the City of New York, showing the same as sub-divided into lots dated November, 1826, enlarged from a survey cf Turtle Bay Farm by John Randall, Jr., in 1S20, and sub-divided into city lots by Dan'l Ewen, City Surveyor, and now in the possession of the said Thomas E. Davis, as the whole of lots numbers sixteen, 16, seventeen, 17, eighteen 18, nineteen, 19, twenty, 20, twenty-one, 21, twenty-two, 22, twenty-three, 23, twenty-four, 24, t\venty-five, 25, twenty-six, 26, twenty-seven, 27, twenty-eight, 28, twenty-nine, 29, thirty, 30, thirty-one, 31, thirty-two, 33, thirty-three, 33, forty-eight, 48, forty-nine, 49, fifty, 50, fifty-one, 51, fift}-two, 52, fifty-three, 53, fifty-four, 54, fifty- five, 55, fifty-six, 56, eighty-two, 82, eighty-three, 83, eighty-four, 84, eighty-five, S^, eighty-six, S6, eighty-seven, 87, eighty-eight, 88, eighty-nine, 89, ninety, 90, three hundred and twenty-seven, 327, three hundred and twenty-eight, 328, three hundred and twenty-nine, 329, three hundred and thirty, 330, three hundred and thirty-one, 331, three hundred and thirt3^-two, 332, three hundred and thirt3'-three, 333, three hundred and thirty-four 334, three hundred and thirty-five, 335, three hundred and thirty- six, 336, three hundred and thirty-seven, 337, three hundred and tliirty-eight, 338, three hundred and thirty-nine, 339, and parts of lots numbers eight, 8, fifteen, 15, thirty-four, 34, forty-seven, 47, and ninety-one, 91, the premises hereby conveyed being bounded as follows, to-wit : Commencing at a point on the Westerly side of the Second Avenue, distant in a Southerly direction one hun- dred feet and four inches from the Southwest corner of said Avenue and Forty-Third Street ; thence running Westerly on a line parallel with Forty-Third Street, and through the centre of the block between Forty-second and Forty-Third Streets three hundred and fifty feet ; thence Northerly on a line drawn at right angle with the last-mentioned line, and parallel with the Sec- ond Avenue to the Northwardly line of division of the said first allotment or sub-division number 4 of Turtle Bay Farm from that part of the said farm, so-called, known as sub-division num- 54 'IHE TURTLE BAY FARM. ber 3 ; thence Southeasterly along the said last-mentioned divis- ion line to its intersection with the centre of the Second Avenue ; thence Southerly on a line through the centre of the Second Avenue, crossing Forty-Fourth and Forty-Third Streets to a point in the centre of the said Avenue one hundred feet and four inches South of the Southerly line of Forty-Third Street; thence Westerly across the Westerly half part of the said Avenue fifty feet to the point of beginning, on the Westerly side thereof. Being part of the same premises which were heretofore con- veyed to the above-named Thomas E. Davis, by Charles H. Hall, of the City of New York, gentleman, and Sarah, his wife, by deed dated the First day of February, A. D., 1S31, and re- corded in the Register's Office of the City and County of New York, in Liber 269 of Conveyances, page 1S5. Subject, nevertheless, and reserving forever hereafter to the proprietors of sub-divisions numbers two and three of said Turtle Bay Farm, and to the proprietors of the residue of the sub- division number one of said farm, the right to the use in com- mon with the said party of the second part, his heirs and assigns forever, of a certain lane thirty-two feet wide, extending along the Northerly side of the premises hereby conveyed, and which is reserved in and by the deed of conveyance last mentioned. DEED. Jacob BrantIxNGHAM and j Dated 3d July, 1833. Cornelia, /liswi/e, ( Ack. 5th July, 1833. to } Rec. 13th July, 1833. Thomas E. Davis. \ 303 Conveyances, 96 Consideration, $15,000. Conveys same premises by same description. Subject to mortgage recorded in Liber 160 Mortgages, page 86; discharged of record on the 6th January, 1834; see Liber 4 Discharges, page 22. SUB-DIVISION ONE WEST SECOND AVENUE. 55 DEED. Thomas E. Davis and j Dated 5th March, 1833. Anne, Ms zui/e, ' Ack. i6th March, 1833. ^0 ■ ( Rec. 22d March, 1833. 295 Conveyances, 184. Consideration, $11,000. f0 ■ / Rec. 22d March, 18, Jacob Brantingham. \ ^95 Conveyances, i: j Consideration, $ii,c Conveys all that tract, piece, or parcel of land situate in the Twelfth Ward of the City of New York, described as follows : Beginning at a point in the centre of the Second Avenue equi- distant between Forty-Second and Forty-Third Streets, running thence Westerly on a line or course parallel with said Streets and at right angles to said Avenue fifty feet to the Westerly side of said Avenue ; thence continuing Westerly on the same line, or course, three hundred and fifty feet ; thence Southerly on a line or course parallel with said Avenue, and at right angles to said Streets, and crossing Forty-Second Street to land now, or lately, belonging to the heirs of Samuel Kip, deceased, being the Southern boundary of the premises heretofore mortgaged by the said Thomas E. Davis to Thomas J. Oakley, Esquire ; thence Easterly to a point marked on the map hereinafter mentioned as brown monument ; thence Southeasterly on the line of the premises so as aforesaid mortgaged by the said Thomas E. Davis to the said Thomas J. Oakley to the centre of the said Second Avenue ; thence Northerly through the centre of the said Avenue to the place of beginning. The premises hereby in- tended to be conveyed being bounded Northerly by premises heretofore mortgaged by the said Jacob Brantingham to the said Thomas E. Davis; Westerly by the residue of the premises mortgaged as above mentioned by the said Thomas E. Davis to the said Thomas J. Oakley ; Southerly by land now, or late, be- longing to the heirs of Samuel Kip, deceased ; and Easterly by the centre of the Second Avenue, and are known and described on a map of the first allotment of the Turtle Bay Farm situated 56 THE TURTLE BAY FARM. in the Twelfth Ward of the City of New York, showing the same as sub-divided into lots, enlarged November, 1826, from a survey of Turtle Bay Farm by John Randal, Jr., in 1820, and sub-divided into city lots by Daniel Ewen, City Surveyor, which map is now in the possession of the said Thomas E. Davis, and is to be filed in the office of the Register of the City and County of New York as lots, 105, 106, 107, loS, 109, no, iii, 112, 113, 160, 161, 162, 163, 164, 165, 166, 167, 168, 340,341, 342, 343. 344' 345. 346, 347' 348' 349' 35°' 35 1' -^ind parts of lots 104 and 169. The premises hereby intended to be conveyed also including land appearing on the said map as parts of the Sec- ond Avenue and of Forty-First and Forty-Second Streets. DEED. Jacob Brantingham a7id j Dated 3d July, 1833. Cornelia, /ns zvife, f Ack. 5th July, 1833. to } Rec. 13th July, 1833. Thomas E. Davis. \ 303 Conveyances, 100. / Consideration, $13,000. Conveys same premises by same description. Subject to mortgage recorded in Liber 159 Morts., page 312, which was discharged of record on 23d December, 1833 ; see 4 Discharges, page i. ^/^^ en me tJum€ tJoa'2^ ^aim., — d^((/--c/('v me4 en me W^ . ^Oa M -Q/tff'-f^/f'f'f'HO'n (One. SUB-DIVISION NUMBER TWO L 1V<^ ^.■ T3ias\T8 Str.1 !;; 6u7Co"i9; 6Jg Conb. 139 Sl/3 0/V/S/ON NUM&ER TWO TURTLE BAY FAUN •Shoixn/rio I'hc cltflk/ie/nt 'Joancej^ cvywcycci lu CtUei't J^ JfierCirn » (ti^ut, omjfu cAt. £oict ama paoe of /%? arywey ct/u.ffe/n cm ectcA loaA^cjJ.' ' 'foacfe. of nui arywiy a/ytat : "ir^Ca.. ,„. 651 r Vi: :> oo 1^ ^TR_E ET 5 SS^ C6^i ^o6 J : a£. 'i7^Co^<6',^ 6S2.a.s 42- Stref^t l-i J •^ A.\A V O 1^ SUB-DIVISION NUMBER TWO OF TURTLE BAY FARM. This parcel of land, as hereinbefore stated, was set apart to Mary Jane Winthrop. The following is the deed of partition conveying the same to her : John Still Winthrop and Harriet, his wife, Francis B. j Winthrop and Elizabeth, i DEED. /lis zvi/e, Chari.es V\l. Taylor i , — — nnd CORDELIA, kis zvi/e, JOHN ^^'-^1^^ 3jst July, 1820. M. ASPINWALL and ^,,^J,Ack.SthAug.,iS20. LOTTE Ann, Ais wife, Wil- / ^^^-/^ ^"^•' '^^^^ LIAM H. Winthrop and Mar- ^47 Conveyances, 6. GARET Anne, his wife, ^,,^\ Consideration, $3.857. 15 Thomas Charles Winthrop to Mary Jane Winthrop. Conveys all the six undivided seventh parts of the said farm, distinguished in the said map and field book by the sub-division or farm number two of the said Turtle Bay Farm, butted, bounded and described as follows : Beginning at the shore of the East River where the same is intersected by the Northerly side of Forty-Fourth Street, and running thence Northwesterly 58 THE TURTLE BAY FARM. alonor the same, which is also the Southwesterly bounds of sub- division number four of Turtle Bay Farm aforesaid, to a brown monumental stone marked lo (ten) placed three hundred and twenty-five feet Westerly of the First and Easterly of the Sec- ond Avenues, which stone is also in the Southeasterly bounds of sub-division number three of Turtle Bay Farm aforesaid ; thence along the same Southwesterly at right angles to the last- described line two hundred and five feet and six hundredths of a foot to a brown monumental stone marked 4 (four) placed in the Northeasterly bounds of sub-division number one of Turtle Bay Farm aforesaid ; thence along the same Southeasterly in a line making an angle with the last-described line on the East- erly side thereof of one hundred and seventeen degrees and fifty- two minutes of a degree five hundred and twenty feet to a brown monumental stone marked 5 (five). This line intersects the Westerly side of First Avenue fifty-six feet and two-tenths of a foot South of Forty-Third Street ; thence Southeasterly along the bounds of sub-division number one aforesaid two hundred and seventy feet and seventy-seven hundredths of a foot on a line making an angle with the last-described line on the North- easterly side thereof of one hundred and sixty-nine degrees fifty- two minutes and forty-four seconds of a degree to an iron bolt in a rock numbered 6 (six) ; thence along the bounds aforesaid Southeasterly seventy feet and eighty-one hundredths of a foot on a line making an angle with the last-described line, on the Northeasterly side thereof of one hundred and seventy-six degrees eleven minutes and thirty seconds of a degree to an iron bolt numbered 7 (seven) near high-water mark on the shore of the East River ; thence along a continuation of the last-described line Southeasterly to the East River, and thence Northeasterly along the same to the place of beginning. Containing seven acres and forty-one hundredths of an acre. Also the right in common to the use of lane thirty-two feet wide, laid out in and along the Northeast bounds of sub-division SUB-DIVISION NUMBER TWO. 59 number one of Turtle Bay Farm aforesaid, and extending from the Eastern Post Road Southeasterly to a point forty-eight feet Northwesterly of First Avenue. And also all other the right, estate and intei-est of them, the said parties of the first part in and to the whole of the said hereby described farm. DEED OF TRUST. Mary Jane Winthrop to Dated 23d Oct., 1822. Ack. 23d Oct., 1822. Rec. 24th Oct., 1822. William H. Winthrop. \ 162 Conveyances, 425. Consideration, $i.cx). Conveys all and singular the lands, tenements and real estate, situate in the Ninth Ward of the City of New York by sub-division number two of the Turtle Bay Farm, so called, on a partition thereof made between the heirs of the said Francis Bayard Winthrop, deceased. In trust to receive the income thereof and apply the same to the sole and separate use of the said Mary Jane Winthrop dur- ing her life, and on her decease, if she leave a husband and also issue, then living, her surviving, then to such husband during his life, and on his decease to divide the same amongst her issue ; if the issue should fail during her life, then remainder to her husband in fee, if he survive her. If neither issue nor hus- band survive her, then to her heirs in fee, reserving power of appointment and revocation by will. She gives the said trustee, amongst other powers, the power " also to sell and convey in fee simple all or any part of the said real estate, at his or their discretion, in parcels, or together, for such reasonable price as shall or may be obtained therefor, and the proceeds of all such sale or sales shall be deemed a part of the personal trust funds, and be subject to the same provisions as fiO THE TURTLE BAY FARM. are herein contained touching the personal estate hereby vested in the said William H. Winthrop, his executors and adminis- trators. Provided always, that on any sales to be made of any part of the said real estate during the lifetime of the said Mary Jane Winthrop, her previous assent shall be given, to be manifested either bv lier joining separate from her husband in the deed or conveyance thereof, or by some proper instrument declaring the same to be duly executed under her hand and seal." William H. Winthrop, i I DEED Trustee, of \st part, j Mary Jane Parkin {late Mary/ Dated 8th April, 1835. Jane Winthrop), n.fe of' Ack. 17th April, 1835. L ^ ' ' \ Rec. 1 7th April, 1835. Thomas Parkin, ^ t^ > jd to Samuel L. Waldo and William Jewett. 327 Conveyances, 507. Consideration, $27,500. Conveys said lot two of Turtle Bay Farm, by same descrip- tion as in partition deed recorded in Liber 147 Conveyances, page 6, above set forth. Samuel L. Waldo and De- i DEED. liver ANCE, kis wife, William / f Dated 2d May, 1836. jEWETT and Mary, his zvtfe}^ ^^^_ ^^ ^^^^ ^g^^^ to I Rec. 2d May, 1836. , 351 Conveyances, 6i[ JOHN Lowery and \ Consideration, $83,000. Philip C. Johnson. SUB-DIVISION NUMBER TWO. 61 Conveys same premises by same description. Habendum in the following proportions, two-thirds to John Lowery and one-third to Philip C.Johnson. Subject to mortgage recorded in Liber i8o Morts., p. 490, since discliarged. John Lo\yery mid Caroline i DEED. S., his wife, Philip C. John- i Dated 5th Oct., 1838. SON \ Ack. 6th and 9th Nov., to \ 1838. ^ T iir ^17 ( Rec. I2th Nov., 1838. Samuel L. Waldo, William I ^ ' ^ \ 390 Conveyances, 295. JEWETT, ObADIAH HOLMES \ ^.^^^j^^^^.j^^^ ^^^^^^^ and RUSSEI,L STEBBINS. I Conveys same premises by same description, subject to same mortgage. MORTGAGE. Obadiah Holmes, and j To Secure $8,750. Jane, /ns zvi/e, I Dated ist Oct., 1838. of / Ack. loth Nov., 1838. The East River Fire Insur-I Rec. 12th Nov, 1838. ANXE Company. ] 229 Morts., 248. Conveys all the equal undivided quarter part of the same premises by the same description. IN CHANCERY. Before Vice-Chancellor. The East River Fire Insur- ance Company vs. Obadiah Holmes and Jane, his wife. 62 THE TURTLE BAY FARM. 1 84 1— July 8. Bill filed to foreclose mortgage, recorded in Liber 229 Morts., page 248. Aug. 24. Affidavit of service of subpoena upon Holmes and wife on 20th July, 1S41. Aug. 24. Affidavit of no appearance by Holmes and wife. Aug. 24. Order fro confesso vs. Holmes and wife. Aug. 24. Order of reference to compute amount due. Sept. 15. Master reports $9,975 due. Sept. 15. Decree of foreclosure and sale entered. Oct. 16. Decree enrolled. DEED. William Mitchell, j Dated 21st Oct., 1841. Master in Chancery, f Ack. 25th Oct., 1841. ^^ / Rec. 9th Nov., 1 841. The East River Fire Insur-1 ^^g Conveyances, 421. ANCE Company. j Consideration, $3,300. Conveys all the equal undivided quarter part of the same premises by the same description. Subject to one-fourth of the same mortgage mentioned in the previous deed. The East River Fire Insur- ) DEED. ANCE Company fo Dated 25th Oct., 1841. Ack. 27th Jan., 1842. RUSSEL Stebbins, / Rec. 17th Feb., 1842. John Brouwer, am/ \ 421 Conveyances, 614. Jacob Brouwer. ) Consideration, $3,300, Conveys all the one equal undivided quarter part of same premises by same description. Subject to one-fourth of the same mortgage. SUB-DIVISION NUMBER TWO. 63 Mrs. Gertrude Cutting, being seised, as hereinbefore shown, of certain premises adjoining the above-described property on the South, the division line between which ran diagonally to the present streets and avenues, agreed with the owners of lot num- ber two upon a new line of division which should run parallel with the present streets and avenues. The following are the conveyances by which this change of boundary was effected. Samuel L. Waldo and Beliv- \ t^t-t-t^ J DEED. ERANCE, /ns Wife, ^\\AAhM.\ Jewett and Mary, his tm/ej Dated 19th Oct., 1849. Russell Stebbins, John' Ack.nth, 13th and 27th Brouwer and ANN, kis zvi/e, March, 1850. Jacob Brouwer '^w^ JaneI Rec. lith June, 185 i. M., /lis wife, \ S7^ Conveyances, 634. ^0 \ Consideration, $10. Gertrude Cutting. Conveys all and singular the estate, right, title, interest, use, right of way, easement, trust, claim and demand whatsoever, both at law or in equity, which we, the said parties of the first part, have, of, into, out of, or over, all that certain strip of land or lane, thirty-two feet wide, laid out, in, and along the North- erly bounds of Farm number one of the division of the Turtle Bay Farm in the Twelfth Ward of the City of New York. Commencing at a point in the Northerly bounds of said Farm number one, distant forty-eight feet, or thereabouts, Northwest- erly of the First Avenue (not yet opened), between Forty-second and Forty-third streets, and extending along said Northerly bounds Northwesterly to the Eastern Post Road, which said lane is laid down on a certain field-book and map of the division of the Turtle Bay Farm, made by John Randall, Jr., City Sur- veyor, in the year one thousand eight hundred and twenty. Q^ THE TURTLE BAY FARM. DEED. Samuel L. Waldo ^«^ Deliv- erance, /lis wife, WiLLLVM JEWETT .../ MARY, hs WtfeJ ^^^^^ ^^^^^ ^^^^ ^ ^^^ RUSSELL Stebbins, JohnI Ack. nth, 13th and 27th Brouwer and Ann, his unfe,y March, 1850. Jacob Brouwer and JaneI Rec. 14th June, 185 i M., his ivife, \ 5/2 Conveyances, 635. to Gertrude Cutting. Consideration, $1,500. Conveys all that certain lot, piece or parcel of land, situate, lying and being in the Twelfth Ward of the City of New York, bounded as follows, to wit : Beginning at a point on the East- erly side or line of a piece of land, which, on the map of the Commissioners appointed in and by an act entitled " An Act relative to improvements touching the laying out of streets and roads in the City of New York, and for other purposes," passed April 3d, 1807, and filed in the year 181 1, is designated as a contemplated avenue, to be called the First Avenue, not yet opened, distant one hundred feet five inches Southerly from the Southerly side or line of Forty-third street, and running thence Easterly and parallel with Forty-third Street one hundred feet ; thence southerly and parallel with the said piece of land desig- nated on the said map as a contemplated avenue to be called the First Avenue, forty-seven feet five and a half inches to the division line between Farm No. i and Farm No. 2 of the division of the Turtle Bay Farm, thence Northwesterly along said division line sixty-eight feet four and a quarter inches ; thence Northerly along said division line thirty-eight feet six inches to the Easterly side or line of the said piece of land des- ignated on the map as a contemplated avenue, to be called the SUB-DIVISION NUMBER TWO. 65 First Avenue, and thence Northerly along said Easterly side or line of the said piece of land designated on the map aforesaid as a contemplated avenue, to be called the First Avenue, eight feet and five inches to the point of beginning. And also all that part or portion of the aforesaid piece of land described in the said Commissioners' map as a certain avenue, to be called the First Avenue, lying in front of the lot of land above de- scribed, and extending to the said division line between Farms No. I and No. 2 of the division of the Turtle Bay Farm. And also all that certain other lot, piece, or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, bounded as follows, to wit: Beginning at the corner formed by the intersection of the Westerly side or line of the aforesaid piece of land designated on the said map of the said Commissioners as a contemplated avenue to be called the First Avenue, not yet opened, with the Southerly side or line of Forty-Third Street, and running thence West. erly along the said Southerly side or line of Forty-Third Street one hundred and five feet and eleven inches ; thence Southeasterly along the division line between farm No. i and farm No. 2 of the division of the Turtle Bay Farm one hundred and nineteen feet ten inches to the Westerly side or line of the aforesaid piece of land designated on the said map or chart as a contemplated avenue, to be called the First Avenue, and then Northerly along the Westerly side or line of the said piece of land designated on the said map as a contem- plated avenue, to be called the First Avenue, fifty-six feet two and a-half inches to the point of beginning. And also, all that part or portion of the said piece of land designated on the said commissioners' map as a contemplated avenue, to be called the First Avenue, lying in front of the lot last above described, and extending to the centre of the said piece of land described as aforesaid in front to the said division line between farms No. i and No. 3 on one side, and to a line drawn in continuation of (36 THE TURTLE BAY FARM. the Southerly line of Forty-Third Street on the other side. And also all that certain other lot, piece, or parcel of land, situate, lying and being in the Twelfth Ward, of the City of New York, bounded as follows, to wit : Beginning at a point in the division line between form No. i and farm No. 2, of the division of tift Turtle Bay farm, distant fifty-five feet and ten inches or thereabouts. Northerly from the Northerly side or line of Forty-third street, and three hundred and twenty-five feet Easterly from the Easterly side or' line of the Second Avenue, and running thence Northerly and parallel with the said Second Avenue forty-four feet and seven inches to the centre line of the block ; thence Easterly and parallel with Forty-third Street twenty-five feet ; thence Southerly and par- allel with the Second Avenue fifty-seven feet eight inches ; and thence Northwesterly along the division line between farm No. I and farm No. 2 of the division of the Turtle Bay Farm twenty-eight feet three and one quarter inches to the place of beginning. And also all the right, title, interest, easement, and right of way of the parties of the first part of, in, and to, and over the lane adjoining the land hereby conveyed or intended so to be, be the said dimensions more or less. DEED. Gertrude Cutting to Samuel L. Waldo, William Jewett, Russell Stebbins, Dated 20th Oct., 1849. Ack. 13th June, 1851. Rec. 14th July, 185 1. JOHN Brouwer ««^ Jacob I 572 Conveyances, 638. BrOUWER. 1 Consideration, $1,500. Conveys all that certain lot, piece, or parcel of land, situate, lying, and being in the Twelfth Ward of the City of New York, bounded as follows, to wit : Beginning at a point on the North- SUB-DIVISION NUMBER TWO. 67 eriy side or line of Forty -second street, distant one hundred feet Eastwardly from the Easterly side or line of a piece of land which, on the map of the Commissioners appointed in and by an act entitled, " An Act relative to improvements touching the laying out of streets and roads in the City of New York, and for other purposes." passed April 3, 1807, and filed in the year 181 1, is designated as a contemplated avenue, to be called the First .^venue, not yet opened, and running thence Northerly and parallel with the said contemplated avenue, to be called the First Avenue, fifty-two feet eleven and one half inches ; thence Southeastwardly along the division line between farm No. i and farm No. 2 of the division of the Turtle Bay Farm one hundred and seventy-five feet two and a half inches to the Northerly side or line of Forty-Second Street ; and thence Westwardly along the Northerly side or line of Forty-Second Street one hundred and sixty-seven feet to the point of beginning, be the said several dimensions more or less. And also all that other lot, piece, or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, bounded as follows, to wit : Beginning at a point on the Northerly side or line of Forty-Third Street, distant three hun- dred and fifty feet Eastwardly from the Easterly side or line of the Second Avenue, and running thence Northwardly and par- allel with the Second Avenue forty-two feet nine inches ; thence Southeastwardly along the division line between farm No. i and farm No. 2 of the division of the Turtle Bay farm ninety-one feet one and a half inches to the Northerly line of Forty-third Street ; and thence Westwardly along the Northerly line of Forty-third Street eighty feet seven and a half inches to the point of beginning, be the said several dimensions more or less. 68 THE TURTLE BAY FARM. John Brouwer and Ann, his tvife, Jacob Brouwer and Jane M., his %vife, to Russel Stebbins. DEED. Dated 31st May, 185 1. Ack. 14th June, 185 1. V Rec. 14th June, 185 1. V 575 Conveyances, 320. \ Consideration, $10. Conveys all the two equal undivided one-third parts of one equal undivided one-fourth part of all the said lot number two of Turtle Bay Farm by the same description as in partition deed above set forth, and recorded in Liber 147 Conveyances, page 6, and also all the premises conveyed in the previous deed. Excepting the portions of said lot number two conveyed to Mrs. Cutting as above set forth. Subject to mortgage recorded in Liber 252 Morts., page 194, which was discharged on i6th July, 1852. DEED. The Mayor, Aldermen and Com- monalty of the City of New York to Russel Stebbins, Samuel L. Waldo and William Jewett. Dated 19th May, 1852. Prov. 1st June, 1852. Rec. 1 6th July, 1852. 608 Conveyances, 535. Consideration, $[,205. Conveys all that certain water lot or vacant ground and soil under water to be made land, and gained out of the East River, or harbour of New York, and bounded, described, and containing as follows, that is to say : Beginning at a point formed by the intersection of the line of original high-water mark with a line running through the centre of Forty-Second Street ; thence'running Easterly along said line, running through the centre of Forty-Second Street three hundred and forty-four SUB-DIVISION NUMBER TWO. 69 feet to the Easterly line of Avenue A ; thence Northerly along said line of Avenue A five hundred and forty-one feet eight inches , thence Westerly along a line running through the cen. tre of Forty-Fourth Street three hundred and one feet to the line of original high-v^rater mark ; and thence Southerly along the line of original high-wacer mark as it runs to the point or place of beginning ; as particularly designated and shown on a map hereto annexed, dated New York, May, 1S52, made by John S. Serrell, City Surveyor, and to which reference may be had, said map being considered a part of this indenture, the premises conveyed being coloured pink on said map, be the said dimensions more or less. Habendum in the following proportions, one-half to Russel Stebbins, and one-quarter to each of the other grantees. DEED. Samuel L. Waldo and De- J Dated 15th July, 1852. LiVERANCE,/!z>z£'/>, William/ Ack. 15th July, 1852. Jewett rt«^/MARY, /«> 7e///"r, y Rec. 15th July, 1852. to t 606 Conveyances, 575. Russel Stebbins. \ Consideration, $21,800. Conveys all the equal one undivided half part of all that cer- tain piece, or parcel of land, situate in the Nineteenth Ward of the City of New York, described as follows, to-wit : Commenc- ing at a point in the Southerly line of Forty-Fourth Street, dis- tant three hundred and twenty-five feet Easterly from the point formed by the intersection of the Easterly line of the Second Avenue with the Southerly line of Forty-Fourth Street; running thence Easterly along the Southerly line of Forty-Fourth Street till it intersects the line of the Westerly shore of the East River ; thence Southerly along, and following, the line of said shore to the Northerly line of Forty-Second Street ; thence Westerly 70 THE TURTLE BAY fARM. along the Northerly line of Forty-Second Street to a point therein distant eight hundred and fifty feet Easterly from the point formed by the intersection of the Easterly line of the Second Avenue with the Northerly line of Forty-Second Street ; thence Northerly and parallel with Second Avenue one hundred feet and five inches; thence Westerly and parallel with Forty- Second Street one hundred and fifty feet ; thence Northerly and parallel with Second Avenue one hundred and sixty feet and five inches till it intersects the Southerly line of Forty-Third Street; thence Westerly along the Southerly line of Forty -Third Street three hundred and fifty feet to a point therein three hun- dred and fifty feet Easterly from the Easterly line of the Second Avenue ; thence Northerly and parallel with Second Avenue one hundred feet and five inches ; thence Westerly and parallel with Forty-Third Street twenty-five feet ; and then Northerly and parallel with Second Avenue one hundred feet and five inches to the place of beginning. Saving and reserving from out of the said above-described premises so much thereof as is included in and lies within the limits of Forty-Third Street, run- ning through said premises, and duly opened as and for a public street or highway. And also, the equal undivided half part of the premises de- scribed in the preceding water grant, by the same description. Subject to mortgage recorded in Liber 396 Mortgages, page 453, which was discharged on i6th July, 1852. DEED. RUSSEL Stebbins ) Dated i6th July, 1852. to ( Ack. i6th July, 1852. John T. Allen and I Rec. i6th July, 1852. Thomas Morton. \ 608 Conveyances, 541. / Consideration, $55,000. Conveys all of same premises described in the previous deed by same description. yj{?^64 on me (.Ju^/ie tyoa^ t^/^ai'm. — Mc/'-c/num-v '3/wc ty/^/^^ ^n me ^U^//e tJoa^. ^^aim. — JA/'-c/nndton ^mo. "i\^^A■^v^ i i TH I nu AVE NUC 7/^ ia \AU:^i ^/V^^ SUB-DIVISION NUMBER THREE OF TURTLE BAY FARM. This parcel of land, as above stated, was set apart to Cornelia Taylor, wife of Charles W. Taylor. The following is the deed of partition conveying the same to her : John Still Winthrop and Harriet, his wife, Francis B. Winthrop and Elizabeth, his wife, WiLLlAM H. WiN- THROP and Margaret Ann,! histvife, John M. AspinwallI a)td Charlotte Ann, his tvife, Thomas Charles Win- throp and Mary Jane Win-| throp to Cornelia Taylor, zvife of Charles W. Taylor. DEED. Dated 31st July, 1820. Ack. 5th Aug., 1820. Rec. 7th Aug., 1820. 147 Conveyances, 10. Consideration,$3,857.i5 Conveys all the six undivided seventh parts of the said farm, distinguished in the said map and field book by the sub-division or 72 THE TURTLE BAY FARM. farm number three of the said Turtle Bay Farm, butted, bounded, and described as follows : Beginning at a brown monumental stone marked ii (eleven), placed at the intersection of the Southerly side of the Eastern post-road, so called, by the Northerly side of Forty-Sixth Street, and running thence Southeasterly along the Northerly side of said street, which is also the Southwesterly bounds of sub-division number five of Turtle Bay Farm aforesaid, eight hundred and sixty-nine feet and seven-tenths of a foot to a brown monumental stone marked 12 (twelve), placed three hundred and twenty-five feet Easterly of Second and Westerly of First Avenues ; thence Southwesterly seven hundred and twenty-six feet, and sixty-six hundredths of a foot, on a line at right angles to the last described line along the Northwest bounds of sub-divisions number five, four, and two of Turtle Bay Farm aforesaid to the West corner of said sub-division number two, where is placed a brown monumental stone marked 4 (four) in the Northeast bounds of sub-division number one of Turtle Bay Farm aforesaid ; thence Northwest- erly along the said bounds eleven hundred and thirteen feet on a line making an angle with the last described line on the North side thereof of sixty-one degrees, thirty-two minutes and forty-three seconds, of a degree to the Eastern post-road afore- . said, where is placed a brown monumental stone marked 3 (three), and thence along the same. Easterly, two hundred and twenty-five feet and thirty-six hundredths of a foot to the place of beginning, containing ten acres and one-tenth of an acre. Also the right to the use in common of a lane thirty-two feet wide, laid out in and along the Northeast bounds of sub-division number one of Turtle Bay Farm aforesaid, and extending from the Southerly corner of said sub-division number three, North- westerly along its Westerly bounds to the Eastern Post-Road. Also, all other the right, estate, and interest of them, the said parties of the first part, in and to the whole of the said hereby described farm. SUB-DIVISION NUMBER THREE. DEED. Charles W. Taylor and j Dated loth Oct., 1820. Cornelia, h's zvife, I Ack. 13th Oct., 1820. ^o } Rec. 14th Oct., 1820. James Dobbin. \ H7 Conveyances, 210. J Consideration, $3,500. Conveys same premises as partition deed to Mrs. Taylor by same description. DEED. James Dobbin and j Dated 26th Jan., 1826. Charlotte, /its wife, ( Ack. 26th Jan., 1826. /o ( Rec. 26th Jan., 1826. Ann Elizabeth Baehr. \ 200 Conveyances, 103. y Consideration, $8,000. Conveys same premises by same description. Subject to mortgage recorded in Liber 51 Morts., page 170 which was discharged on 9th August, 1833. DEED. Ann Elizabeth Baehr j Dated 19th Oct., 1830. ( Ack. 19th Oct., 1830. ^^ / Rec. 20th Oct., 1830. Spencer D. Cotten. \ 265 Conveyances, 429. ) Consideration, $9,000. Conveys same premises by same description. I Subject to same mortgage. j As appears in the suit of Stuart vs. Kissam hereinafter set j forth, the above conveyance, though taken in the name of 1 Spencer D. Cotten, individually, was actually made to him in I trust for Mary R. Stuart. On 30th October, 1S30, said Cotten executed a declaration of trust to that effect, agreeing to convey the same on payment to him of an advance of $301.95, with in- THE TURTLE BAY FARM. terest. The said sum having been paid, Mrs. Stuart directed the following conveyance to Daniel W. Kissam, Jr. : DEED. Spencer D. Gotten and Margaret G., his wife, to Daniel W Kissam, Jk. Dated 29th April, 1833. Ack. 29th April, 1833. Rec. 25th Oct, 1833. 305 Conveyances, 10. Consideration, $24, Conveys same premises by same description. MORTGAGE. Daniel W. Kissam, Jr. to Spencer D. Gotten. To Secure $20,000. Dated 29th April, 1833. Ack. 3d May, 1833. Rec. 25th Oct., 1833. 164 Mortgages, 573. Covers same premises by same description. Spencer D. Gotten to Joseph Kissam ASSIGNMENT OF MORTGAGE. Dated 3d May, 1833. Ack. 3d May, 1833. Rec. 27th June, 1835. 186 Mortgages, 435. Consideration, $20,000. Assigns the above mortgage. Joseph Kissam afterwards gave a declaration of trust to Mrs. Mary R. Stuart, certifying that he held the said mortgage as trustee for her sole and separate use. The said trustee on i6th November, 1835, cancelled said mortgage of record. See Liber 5 Discharges, 638. In 1842 the said Mary R. Stuart com- SUB-DIVISION NUMBER THREE. 75 menced a suit (see Stuart vs. Kissam, hereinafter set forth) with the object, amongst others, of setting aside said cancellation, as having been done fraudulently, and of restoring the lien of said mortgage. The suit in this particular was unsuccessful. See opinion of general term of Supreme Court, reported in Stuart vs. Kissam, ii Barbour, 271. Last Will and Testament Dated ist Dec, 1834. of \ Proved 15th April, 1835. DANIEL W. KISSAM, Jr. \ ^^ ^'^^'' 346- The testator, after bequeathing various legacies, devises all the remainder of his estate, real and personal, to his three brothers, Joseph, Samuel, and Timothy T. Kissam, and his two sisters, Maria and Elizabeth Helen (now wife of Richard D. Conklin), to be equally divided between them, share and share alike. The said Elizabeth Helen is to hold her share free from the control of her husband. DEED. Timothy T. Kissam «;z^ Sarah Dated 28th Oct., 1835. his tvife, Richard M. Conklin / Ack. 12th Nov., and on ajid Elizabeth H., his zvifej 12th and i6th Dec, ^«^ Maria Kissam, \ 1835. to i Rec i6th Dec, 1835. Joseph Kissam and \ 342 Conveyances, 404. Samuel Kissam. 1 Consideration, $1.00. Recites that parties of the second part purchased the above- described premises jointly with their brother Daniel W. Kissam, Jr., on 29th April, 1833 ; but that for convenience the title was taken in the name of Daniel W. Kissam, Jr., alone, and that two undivided third parts thereof were held by him in trust for them. 70 THE TURTLE BAY FARM. Conveys the said undivided two-third parts (so held in trust by the said Daniel W. Kissam, Jr., at the time of his death) of same premises by same descripti tion, DEED. Samuel Kissam ^w^Elizabeth, his ivife, Tlmothv T. Kis- i Dated 3d Dec, 1835. SAM and Sarah B., his wife, I Ack. 3d, 12th and i6th Richard M. Conklin and\ ^Qc., 1835. Elizabeth H., his zvife^andl ^ec. i6th Dec, 1835. Maria Kissam \ 342 Conveyances, 407. fQ 1 Consideration, $35,790. Joseph Kissam. ! Conveys nine equal undivided fifteenth parts of all that farm, lot, or parcel of ground situate in the Twelfth Ward of the City of New York. Bounded and described (on a map of allotment, number three, of the Turtle Bay Farms, in the Twelfth Ward, of the City of New York, belonging to the Estate of D. W. Kissam, Jr., deceased, dated New York, October ist, 1S35, and made by Edwin Smith, City Surveyor, which map is to be filed in the office of the Register of the City and County of New York at the time of the recording of this Conveyance) as fol- lows, to wit : Beginning at the point of intersection of the Southerly side of the Eastern Post Road, so called, by the North- erly side of Forty-Sixth Street, and running thence Southeast- erly along the Northerly side of said street, which is also the Southwesterly bounds of sub-division number five of Turtle Bay Farm, eight hundred and sixty-nine feet eight inches, to a point on the Northerly side of said street, distant three hundred and twenty-five feet Easterly from the Easterly side of the Second Avenue ; thence Southwesterly on a line at right angles to the last described line along the Northwest bounds of sub-division numbers five, four, and two of Turtle Bay Farms, seven hun- SUB-DIVISION NUMBER THREE. 77 dred and twenty-six feet eight inches to a point being the West corner of said sub-division number two ; thence Northwesterly along the bounds of sub-division number one of Turtle Bay Farms, eleven hundred and thirteen feet to the Eastern Post Road aforesaid ; thence Easterly along said Post Road one hundred and fifty-three feet seven inches to its point of inter- section with the Southerly side of Forty-Sixth Street ; thence Easterly along said'Post Road sixty-eight feet four inches to the place of beginning. Saving and excepting out of the before described premises lots numbers 78 (seventy-eight), 79 (sev- enty-nine), 80 (eighty), Si (eighty-one), 82 (eighty-two), 83 (eighty-three), 100 (one hundred), loi (one hundred and one), I03 (one hundred and two), 103 (one hundred and three), 104 (one hundred and four), 105 (one hundred and five), with the one-half of Forty-Fifth and Forty-Sixth Streets directly in front of the said last mentioned lots, which were by deed of like date with these presents conveyed by the parties to this indenture to one Gilbert Leggett, of the City of New York, cartman. And also saving and excepting lots Nos. 84, 85, 86, 87, 96, 97, 98, 99, with the one-half of Forty-Fifth and Fort} -Sixth Streets, directly in front of them, which were by deed of like date with these presents conveyed by the parties to this indenture to Varnum P. Shattuck, of the City of New York, merchant, and John Ackland, of the same place, grocer. Also, the right to use, in common with the proprietors of other parts of the said Tur- tle Bay Farm who are entitled thereto, and their assigns, a way or passage over a lane thirty-two feet wide, laid out in and along the Northeast boundary of sub-division number one of Turtle Bay Farm aforesaid, and extending from the Southerly corner of said sub-division number three Northwesterly along its Westerly bounds to the Eastern Post Road, until the public streets and avenues or some of them shall be opened and worked so as to accommodate the hereby granted premises, when the use hereby granted of said lane is to cease. 78 THE TURTLE BAY FARM. The following are the deeds of the excepted lots referred to in above conveyance : 342 Convs. 415, conveying lots So, 81, 102, and 103. 342 Convs. 417, " " 82, 83, 100, and loi. 342 Convs. 420, " " 78, 79, 104, and 105. 350 Convs. 484, " " 84, 85, S6, 87, 96, 97, 98 and 99. DEED. Joseph Kissam Samuel Kissam. Dated 6th Jan., 1836. Ack. 6th Jan., 1836. Rec. 7th Jan., 1836. 344 Conveyances, 417. Consideration, $27,000. Conveys lots 57 to 77, both inclusive, and lots 106 to 126, both inclusive, on said map, number 91. MORTGAGE. To Secure $20,000. Dated 6th Jan., 1836. Ack. 6th Jan., 1836. Rec, 7th Jan., 1836. 195 Mortgages, 168. Samuel Kissam Joseph Kissam. Covers same premises by same description. Joseph Kissam with Mary R. Stuart, ivife of Robert Stuart. DECLARATION OF TRUST. Dated 6th Jan., 1836. Proved 27th Aug., 1842. Rec. 29th Aug., 1842. 256 Morts., 331. SUB-DIVISION NUMBER THREE. 79 Covenants and declares that he holds above bond and mort- gage as trustee for the sole and separate use of said Mary R. Stuart, that he will account to her individually for interest and principal received by him, and that he will assign to her or to such person as she may direct. ASSIGNMENT OF MORTGAGE. Joseph Kissam to William Stewart. Dated 8th Oct., 1842. Proved loth Oct., i8z Rec. loth Oct., 1842. 255 Morts., 607. Consideration, $1.00. Recites request in writing of said Mary R. Stuart that said mortgage be assigned to said William Stewart, and assigns above mortgage in trust for separate use of said Mary R. Stuart. DECLARATION OF TRUST. William Stewart zvitJi Mary R. Stuart, ivife of Robert Stuart. Dated 8th Oct., 1842. Ack. loth Oct., 1842. Rec. loth Oct,, 1842. 255 Morts., 606. Agrees to hold said mortgage in trust for sole and separate use of said Mary R. Stuart, and to account to her for all princi- pal and interest. See similar declaration of trust recorded in Liber 436 Con- veyances, 353. DEED. Samuel Kissam and Elizabeth, his wife, to Joseph Kissam. Dated ist April, 1840. Ack. 9th April, 1840. Rec. 9th April, 1840. 404 Conveyances, 575. Consideration, $27,000. 80 THE TURTLE BAY FARM. CoxvEYS same premises by same description. Subject to above mortgage. Joseph Kissam to William Stewart. DEED. Dated loth Oct., 1842. Ack. loth Oct., 1842. Rec. nth Oct., 1842. 428 Conveyances, 603. Consideration, $10.00. Conveys same premises by same description. Subject to above mortgage. IN CHANCERY. Before Vice-Chance I lor. Robert Stuart and Mary R. Stuart vs. Joseph Kissam, Samuel Kis- sam, Timothy T. Kissam, William Onderdonk, Sam- uel Kissam, Cartman, Anna j E. Cooke, Executrix of Ed- ward P. Cooke, Deceased, \ James C. Paul, Richard M. CoNKLiN and Elizabeth Helen Conklin, his -wife, Maria Kissam, Charles Sturges and Margaret Sturges, his wife, John Kis- sam, Sarah I.' Kissam, Ed- ward Kissam and William Stewart. SUB-DIVISiON NUMBER THREE. 81 1842 — Dec. 15. Bill filed to restore lien of mortgage from Kissam to Gotten (164 Morts., 573), and to foreclose mortgage recorded in 195 Morts., 168. All defendants answered except Wil- liam Stewart, who consented that bill be taken pro cofifesso against him. 1S4S — March 13. Decree entered adjudging the bond and mort- gage of Daniel W. Kissam, Jr., still sub- sisting obligations, directing a sale of the 43 lots covered by 195 Morts., 168, and containing equitable provisions in case of a deficiency, for collecting the same from the rest of the premises covered by Gotten mortgage, and from the estate of Daniel W. Kissam, Jr. 184S — Dec. 6. Sherift^'s report of sale of the 42 lots filed. 1S53 — April 14. Reversal by the General Term of so much of the decree as is based upon the restora- tion of the lien of the Gotten mortgage, at the same time sustaining the title under the sale of the 42 lots. See opinion re- ported in II Barbour, 271. yfi^€^ C'?? me ^Jum€ C/Day ^^aim. —(MJ-c/twdW'n ^iee. a^^ C'^ /^e^/ui/Ze ^^^^yW//^.— (i^^/-^/^^'^'^<^^^ (Miee. oviwvft 6\iaj ^ ~? ^ • SJ . £5 . ^ -^ ' £ . . if '.-S • < ^ ?5 ;> c i« ^ av/^ ?^ f i I i . I I M- ■-: ?__3 ^__^ '" _i i___ ■ J ^^ ^ ^A3 i ^ ^ ■"' ""^ ^ „ ■ i Si § 65 . tj ^ ^ >4 2» . , a fe . . ^ ^ . ■ {? $ ' t^ fe « t( to ■- «• C^ 13 IS 1 AfAP TUHTte e^f FARM tjhe J-oi -nurttieri an IcUft^ fivr^ M/\P N? nnsT MENUF SUB-DIVISION NUMBER FOUR OF TURTLE BAY FARM. This parcel of land, as hereinbefore stated, was set apart to Charlotte Ann Aspinwall, wife of John M. Aspinwall. The following is the deed of partition conveying the same to her : JoHX Still Winthrop and Harriet, his wife, Francis B. Winthrop, and Elizabeth, his ivife, CHARLES W. Taylor , and Cornelia, his ivife, Wil- liam H. Winthrop and Mar- garet Ann, his ivife, Thomas j Charles Winthrop and\ Mary Jane Winthrop to Charlotte Ann Aspinwall wife ^/ John M. Aspinwall. DEED. Dated 31st July, 1820. Ack. 5th Aug., 1820. Rec. 7th Aug., 1820. 147 Conveyances, 14. Consideration, $4,714.29 Conveys all the six undivided seventh parts of the said farm distinguished in the said map and field book by the sub-division or farm number four of the said Turtle Bay farm, butted, bounded, and described as follows: Beginning at the shore of the East River, where the same is intersected by the North side of Forty- Fourth Street, and running thence Northwesterly along 84 THE TURTLE BAY FARM. the same, which is also the Northeast bounds of sub-division number two of Turtle Bay Farm aforesaid, to a brown monu- mental stone marked lo (ten), placed three hundred and twenty-five feet East of Second and West of First Avenue, which is also in the Southeasterly bounds of sub-division num- ber three of Turtle Bay Farm aforesaid ; thence Northeasterly along the said bounds, at right angles to the last described line, i two hundred and sixty feet and eight tenths of a foot, to an iron bolt, number 13 (thirteen), in a rock placed in the North side of Forty -Fifth Street ; thence Southeasterly along the same, which is also the Southwest bounds of sub-division number 5 (five), of Turtle Bay Farm aforesaid, four hundred and twenty- five feet to the East side of First Avenue, where is placed a brown monumental stone marked 14 (fourteen) ; thence North- easterly two hundred and six feet and fifty-two hundredths of a foot, on a line making an angle with the last described line on the North side thereof, of one hundred and three degrees and thirty-one minutes of a degree, to a brown monumental stone marked 15 (fifteen), placed in the South side of Forty-Sixth Street ; thence along the same, Southeasterly, one hundred and seven feet and thirty-five hundredths of a foot to a bolt in a rock ; thence, continuing along the same to the shore of Tur- tle Bay, on the East River ; and thence along the same, and the shore of the East River, Southeasterly and Southwesterly to the place of beginning. Containing six acres and nineteen hundredths of an acre. Also the right in common to the use of a lane twenty-five feet wide, laid out in the sub-division number five of Turtle Bay Farm, aforesaid, and extending from the said sub-division num- ber four to the Eastern Post Road, as follows : The Westerly side of said lane begins at the monumental stone aforesaid, marked 15 (fifteen), placed in the South side of Forty-Sixth Street, and runs thence Northeasterly two hundred and thirty- three feet and seventy-three hundredths of a foot, on a line SUB-DIVISION NUMBER FOUR. 86 making an angle with the said Forty-sixth street, on the North- erly side thereof, of eighty-six degrees and fifty-six minutes of a degree, to a brown monumental stone marked 17 (seventeen) ; thence Northeasterly thirty-five feet and forty-five hundredths of a foot on a line making an angle with the last described line on the Westerly side thereof one hundred and fifty-six degrees and one minute of a degree to a brown monumental stone marked iS (eighteen), which is twenty-five feet at right angles South- erly from the Northeasterly bounds of sub-division number five aforesaid, and thence Northwesterly, parallel to the said bounds, and on a line making an angle with the last described line on the Westerly side thereof of one hundred and twenty-two degrees and thirty-three minutes of a degree, twelve hundred and thirty-four feet to the Eastern Post Road, so called. Said right of way to continue until Forty-Fifth Street be fully opened and worked from said farm number four to the Third Avenue, and thereafter (o cease and be discontinued. And also all other the right, estate, and interest of them, the said parties of the first part, in and to the whole of the said hereby described farm. DEED OF TRUST. Dated loth June, 1823. John Mver Aspinwall i Ack. 19th Feb., 1825. to \ Rec. 19th Feb., 1825. John Van Beuren. \ 185 Conveyances, 170. Consideration, $1 .00. Recites will of Francis B. Winthrop, and the above deed of partition to Mrs. Aspinwall. Conveys all his interest in all the real estate of his wife Charlotte Ann Aspinwall, whether vested in her by devise from her said father, or otherwise. In trust to receive rents, etc., and apply them to the use of Charlotte Ann Aspinwall, with authority to her, by any separate 80 THE TURTLE BAY FARM. writing under her hand, to direct the management of said trust estate. JuiiN Myer Aspinwall and Charlotte Ann, his wife, of \ St part, John Van Beuren, Trustee of Charlotte Ann Aspinwall to Ann Elizabeth Baehr. DEED. Dated 15th Feb., 1825. Ack. 19th Feb., 1825. Rec. 19th Feb., 1825. 185 Conveyances, 174. Consideration, $7,500. Conveys same premises as partition deed to Mrs. Aspinwall by same description. See same Liber page 172, for deed of trust relative to pro- ceeds of this sale. DEED. A Dated 30th May, 1832. Ann Elizabeth Baehr to Daniel B. Tallmadge. Ack. 13th Oct., 1832. A Rec. 17th Oct., 1832. T 289 Conveyances, 230. j Consideration, $12,000. Conveys same premises by same description. Subject to mortgage recorded in Liber 140, Mortgages, page 302, discharged on 26th February, 1835. Daniel B. Tallmadge and Mary J., his zvife, to Tiioi^rAs Jeremiah, Clerk of the^ City and County of Netv York, and Clerk of the Court of Com-\ Dion Pleas for the City and County of New York. MORTGAGE. To Secure $14,368.06 Dated 27th Jan., 1835. Ack. 29th Jan., 1835. Rec. 29th Jan., 1835. 179 Mortgages, 128. SUB-DIVISION NUMBER FOUR. 87 Covers same premises by same description. MORTGAGE. ~, To Secure $1,496.55. Same / Dated 22d Dec, 1835. to J Ack. 22d Dec, 1835. Same. \ ^^^- 22d Dec, 1835. ) 195 Mortgages, 117. Covers same premises by same description. MORTGAGE. \ To Secure $1,456.95. Same \ Dated ist Feb., 1836. to J) Ack. 1st Feb., 1836. Same. \ Rec 2d Feb., 1836. 195 Mortgages, 231. Covers same premises by same description. RELEASE OF MORT- GAGE. Thomas ]'e.vc£,m.\kyl, Clerk of the City and County of New York, \ Dated 19th April, 1836. and Clerk of the Court of Coni-l Ack. 6th June 1836 jnon Pleas for the City and\ Rec 23d Tune 18^6 Comtty of New York, ( 357 Conveyances, 423. Consideration, $1.00. Daniel B. Tallmadge. Releases from the Hen of the three mortgages last above set forth " all that certain part and portions of the lands and premises embraced and contained in the aforesaid three several indentures of mortgages which is situate Northerly of the centre of Forty-fifth street, being all that part of the mortgaged g^ THE TURTLE BAY FARM. premises lying between Forty-Fifth and Forty-Sixth Streets, and between the First Avenue and the East River." The title here diverges ; the portions of said lot four lying North and South of Forty-Fifth Street having been conveyed separately. Sub-division Four, South of Forty-Fifth Street, DEED. Daniel B. Tallmadge and ] ^^^\^^ f'}",^^''^^ l^f' Mary J., his wtfe, ( ^ck. i6th June, 1836. > Rec. 8th Aug., 1836. \ 364 Conveyances, 262. WILLIAM Wagstaff. \ Consideration, $52,000. Conveys all that certain piece or parcel of land situate in the Twelfth Ward of the City of New York, on the East River at Turtle Bay, being a part of the piece of land known by the name of Turtle Bay Farm, and being also a part of number four of the sub-division of said farm, and is bounded as follows : Beginning at the shore of the East River, where the same is intersected by the North side of Forty-Fourth Street, and run- ning thence Northwesterly along the Northerly side of Forty- fourth Street to a brown monumental stone marked ten (lo), placed three hundred and twenty-five feet East of Second and West of First Avenues ; thence Northerly, on a line parallel with said First and Second Avenues two hundred and sixty feet and eight tenths of a foot to the Northerly side of Forty-Fifth Street ; thence Southeasterly along the Northerly side of Forty- Fifth street to the centre of the First Avenue ; thence Southerly along the centre of the said avenue to the centre of Forty-fifth street ; thence Southeasterly along the centre of Forty-Fifth Street to the East River ; thence southwesterly along the shore SUB-DIVISION NUMBER FOUR, SOUTH FORTY-FIFTH ST. 89 of said River to the place of beginning. The said piece of hind hereby conveyed being all of sub-division number four of Turtle Bay Farm, excepting so much thereof as lies Northerly of the centre of Forty-Fifth Street, and Easterly of the centre of First Avenue, in common to the use of a certain lane leading to said premises, as the same is reserved in the sub-division of said Turtle Bay Farm. MORTGAGE. William Wagstaff and ) To Secure $10,000. Ann, Jiis wife, [ I^ated 20th April, 1836. ' /o ' } ^^^- ^7^^^ June, 1836. Daniel B. Tallmadge. \ ^^ec. 8th Aug., 1836. ) 198 Mortgages, 464. Covers all that part of sub-division number four of Turtle Bay in the Twelfth Ward of the City of Nev\r York, w^hich lies Westerly of the centre of the First Avenue, and betvseen Forty- Fourth and Forty- Fifth Streets, being bounded Easterly by the centre of the First Avenue, Southerly by the Northerly side of Forty-Fourth Street, Northerly by the Northerly side of Forty- Fifth Street, Westerly by a line equi-distant from the First and Second Avenues, and parallel with them, the said premises con- taining half of the block of ground. MORTGAGE. William Wagstaff «;/^ J To Secure $11,700. Ann, /lis wife, [ I^ated 20th April, 1836. ^0 Ack. 17th June, 1 Daniel B. Tallmadge. \ Rec. 8th Aug., 1836. 198 Mortgages, 466. Covers all that certain lot, piece, or parcel of land, being part of sub-division number four of Turtle Bay Farm, situate, at Turtle Bay, on the East River, in the City of New York, J)0 THE TURTLE BAY FARM. being the block of ground between the East River and the First Avenue and Forty-Fourth and Forty-Fifth Streets, being bounded on the Easterly side by the East River, on the South- erly side by the Northerly side of Forty-Fourth Street, on the Westerly side by the centre of the First Avenue, and on the Northerly side by the centre of Forty-Fifth Street. A suit was commenced to foreclose the two mortgages, above set forth, and a lis pendens filed on 5th February, 183S. William Wagstaff and Ann, his loife, to James R. Walter. MORTGAGE. To Secure $8,000. Dated ist Oct., 1836. Ack. 6th Oct., 1836. Rec. 13th Oct., 1836. 205 Mortgages, 601. Covers all of lot four of the Turtle Bay Farm by similar description to that in partition deed to Mrs Aspinwall above set forth. James R. Walter to Henry W. Warner. ASSIGNMENT OF MORTGAGE. Dated 8th Nov., 1836. Assigns above mortgage. Henry W. Warner to Samuel Gouverneur, ASSIGNMENT OF MORTGAGE. Dated 23d Jan., 1838. Ack. 23d Jan., 1838. Rec. 29th June, 1840. 240 Mortgages, 362. Consideration, $8,454.22 Assigns same mortgage. SUB-DIVISION NUMBER FOUR, SOUTH FORTY-FIFTH ST. 91 A suit was commenced to foreclose the above mortgage, in which notices of /is pendens wei-e filed on 25th February, 1839, and on 17th May, 1841. These proceedings were carried as far as a judgment, which was entered on 7th July, 1S41. IN CHANCERY. Be/ore Vice-Chancellor. James Conner, Clerk of the City and County of Nno York, and Clerk of the Court of Common Pleas for the City and County of New York, vs. Daniel B. Tallmadge and Mary J., his wife, WiLLiAM Wagstaff and Ann, Ids vnfe, Pliny Freeman, Frederick H. Pepoon, Lewis B. Reed, David Codwise,The Green- wich Savings Bank, Calvin Cot- ton, Charles Jenkins, John C. Cass, John E. Ward, Stephen C. Smith,William B. Kline, Charles H. Haix, Levi Apgar, Obadiah H. Crissey, Walter Haviland, David H. Burton, John M. Robinson, Anna Suydam, Phcebe Suydam, William Chauncey, William Cov-" entry, H. Waddell, Official or Gen- eral Assignee in Bankruptcy, and jESSE Oakley, Nathan Westcott, Hen- ry H Butter worth, Trustees of Estate ^/Charles Jones, an abscond- ing, or concealed, debtor, William Schell, John Ackerman, Receiver of the Property and Effects of the La Fayette Bank, of the City of New York, andOiANER H. Jones, Defendants. 92 THE TURTLE BAY FARM. 1S46— May 28. Bill filed to foreclose the three mortgages above set forth, recorded respectively in Liber 179 Mortgages, 128; 195 Mortgages 117, and 195 Mortgages, 231. Aug. 26. Order of reference to Master to compute the amount due. Sept. 8. Master reports $25,075.82 due. Sept. 8. Decree of foreclosure and sale entered. 1847— Jan. 8. Report of sale filed and confirmed. Lot Numbers. To Whom Sold. To Whom Bid, Assigned. Record of Deed. Anthony Tieman HemanW.Childs... William Laight Richards. Emmett.. HemanW.Childs... Charles W. Lowerre George Suggett Anthony Tieman John C. Perrin Edward C. We^t.... Samuel Campbell.... 481 Convs., 322 2 ■a A ... William V. Brady. Richard S. Emmett 481 Convs., 29s 5678 484 Convs., 221 9, 10, II, 24, 25.. . 12, 13, 14, 15, 16, 17 18, 19, 20, 21 22,23 26 484 Convs., 221 481 Convs., 295 485 Convs., 13 482 Convs., 166 481 Convs., 322 483 Convs., 377 482 Convs., 312 484 Convs., 280 William V. Brady. Anthony Tieman. . 37 to 48, both in- clusive 49.50,51.52 53.54.55.57 Smith Barker Joseph A. Voisin. . Sub-Division Four, North of Forty-Fifth Street. This, as above shown, was vested in Daniel B. Tallmadge. DEED. Daniel B. Tallmadge and Mary J., his ivife, to William Wagstaff. Dated 20th April, 1836. Ack. i6th June, 1836. Rec. 23d June, 1836. 357 Conveyances, 425. Consideration, $28,000. SUB-DIVISION NUMBER FOUR, NORTH FORTY-FIFTH ST. 93 Conveys all that certain piece or parcel of land situate in the Twelfth Ward, of the City of New York, on the East River, at Turtle Bay, being a part of the piece of land known by the name of Turtle Bay Farm, and being also a part of number four of the sub-division of said flirm, and is bounded as follows : Beginning on the Easterly side of the First Avenue at the inter- section of the same by the Nortlierly side of 45th Street, where is placed a brown monumental stone marked fourteen (being the Southeasterly corner of division number five of Turtle Bay Farm aforesaid), and running thence Northeasterly on a line making an angle with the Southerly bounds of sub-division number five, aforesaid, of one hundred and three degrees and thirty-one minutes of a degree, two hundred and six feet and fifty-two hundredths of a foot to a bronze monumental stone marked fifteen, placed in the South side of Forty-Sixth Street ; thence along the South side of Forty-Sixth Street, South- easterly one hundred and seven feet and thirty-five hundredths of a foot to a bolt in a rock ; thence along the same to the shore of Turtle Bay on the East River ; thence Southerly along the shore to the centre of Forty-Fifth street ; thence Westerly along the centre of Forty-Fifth Street to the centre of the First Avenue ; thence Northerly along the centre of the First Ave- nue to its intersection, of the Northerly line of Forty-Fifth Street, from thence Easterly to the place of beginning. The said premises herein described being all of sub-division num- ber four of Turtle Bay Farm aforesaid, which lies to the North of the centre of Forty-Fifth Street, and including all the buildings thereon. And also so much of the dwelling-house as may stand Southerly of the centre of Forty-Fifth Street, but no part of the land South of the centre of Forty-Fifth Street, upon which said house may stand, but the use thereof for said house until the street shall be opened or the house removed. Also the right in common to the use of a certain Lane leading to said 1 94 THE TURTLE BAY FARM. premises, as the same is reserved in the sub-division of said Tur- tle Bay Farm. MORTGAGE. William Wagstaff and j To Secure $10,000. Ann, /lis xvife, \ Dated 20th April, 1836. to ( Ack. 17th June, 1836. Daniel B. Tallmadge. \ Rec. 23d June, 1836. / 203 Mortgages, 389. Covers same premises by same descripti ASSIGNMENT OF MORTGAGE. Daniel B. Tallmadge \ Dated 20th June, 1836. to \ Ack. 2 1st June, 1836. The Greenwich Savings \ Rec. 23d June, 1836. Bank. \ 203 Mortgages, 392. / Consideration, $7,000. Assigns the above mortgage to secure $7,000 owing from D. B. Tallmadge. MORTGAGE. William Wagstaff, and j To Secure $8,000, Ann, /its zvz/e, f Dated ist Oct., 1836. to } Ack. 6th Oct., 1836. James R. Walter. \ Rec. 13th Oct., 1836. J 05 Mortgages, 601. Covers all of lot four of Turtle Bay Farm. „ „, . ASSIGNMENT OF JAMES R. WALTER MORTGAGE. / Rec. 29th June, 1840. Samuel Gouverneur. \ 240 Mortgages, 362. J Consideration, $8,454.22 Assigns above mortgage. A suit was brought to foreclose the above mortgage, and a judgment entered therein on 7th July, 1841. IN CHANCERY. Be/ore Vice-Chancdlor. The Greenwich Savings Bank vs. William Wagstaff and Ann, his tvife, Jesse Oakley, Nathan Westcott, rtwrt' Henry H.Butterworth, Trus- tees of the Estate c/ Charles Jones, an absconding or concealed debtor , DAN- IEL B. Tallmadge, Samuel Gouv- erneur, William Schell and James R. Walter. 1841 — April 2. Bill filed to foreclose mortgage recorded in Liber 203 Mortgages, 389. May 6. Order fro confesso against Jesse Oakley and Daniel B. Tallmadge in default of appeal ance. July 3. Answer of William WagstafF filed. July 7. Replication to answer filed. Sept. 15. Order pro confesso against James R. Walter in defi\ult of appearance. Sept. 15. Order /ro cc?z/e^^o against Gouverneur, West- cott, Butterworth, and Schell, in default of answer. 96 THE TURTLE BAY FARM. Oct. 26. William Tallmadge, solicitor of William Wag- staff and wife, consents to reference to Mas- ter to compute amount due. Oct. 26. Order of reference to William Mitchell to compute. . Dec. 28. Master reports $24,467.24 due on bond of William Wagstaff, and $8,385.61 due on bond of Daniel B. Tallmadge. Dec. 28. Affidavit of regularity filed. Dec. 28. Decree of foreclosure and sale entered on con- sent of solicitor of Wagstaff and wife. 1842 — March 3. Decree enrolled. DEED. William Mitchell, Master in Chancery, j to The Greenwich Savings Bank. Dated 4th March, 1842 Ack. 4th March, 1842. Rec. 5th March, 1842. 424 Conveyances, 116. Consideration, $3,100. ( Conveys mortgaged premises by substantially same descrip- tion, except that no portion of Forty-fifth Street is included. DEED. The Greenwich Savings Bank to Joseph A. Voism. i Dated 13th May, 1842. Ack. 17th May, 1842. Rec. 1 8th May, 1842. 426 Conveyances, 457. Consideration, $5,050. Conveys same premises by same description. yf{^/€'4 6^1 m^ f^ui^/e t^a^ ^^ai^m. — d/(J-(/m. Gfou^. yju^/a cm me ^uiae <^a^ ^^a\ 'ai'm. (y/iw-an G/oui. \^' v.rO y."*^ 1\ LI: I) \^ t 'w \A.^.^^v^a BM^ -AO >»»KAYAa^iTI^\\T -lKVti(^ »A> pKJUM»<1. ^ Y^ WVO.KM3 »\u-«ac\ ■ •- -,\ j«,^>-, ;«. ,-> >»-HS Cr ( >mA> k^m^m a^fto avvooi^e D7J i J iViV\lVf "^^•^VA -I MAP see DIVISION /vy 5 TUKTLE BA^ FARI-: panx/t cim-Kitftd by Tsciac M. Woolei/ U Ox, CU.^ a^oL a nee W'm/SSk t/xe/umx W^^>^ ^05r t,i„e^u^Ji t i»»c^(,r y "" \ i,i c~ «r K V3. "" 5 Jif C<^^ }uG \ ^o. 5 SECOND AVlNUf Jn ia>^ JJi' syu CiTM J2 s r s jm €.^ jjr n RST AVENUE SUB-DIVISION NUMBER FIVE OF TURTLE BAY FARM. This parcel of land, as hereinbefore stated, was set apart to Francis B. Winthrop The following is the deed of partition conveying the same to him : John Still Winthrop and Harriet, his wife, Charles W. Taylor and Cornelia, his zvife, WiLLiAM H. Win- throp and Margaret Ann, his wife, John M. Aspinwall rt:;/(^ Charlotte Ann, his wife, Thomas Charles Winthrop] and Mary Jane Winthrop to Francis B. Winthrop. DEED. Dated 31st July, 1820. Ack. 5th Aug., 1820. Rec. 7th Aug., 1820. 147 Conveyances, 18. Consideration, $4,285.72 Conveys all the six undivided seventh parts of the said farm, distinguished in the said map and field-book by the sub-division or farm number five of the said Turtle Bay Farm, butted, bounded and described as follows : Beginning at a brown monumental stone marked 19 (nineteen), placed in the South- easterly side of the Eastern Post Road, so called, in the most westerly corner of sub-division number six of Turtle Bay Farm 98 THE TURTLE BAY FARM. aforesaid, and running thence Southeasterly along the same thirteen hundred and thirty-five feet to the shore of Turtle Bay on the East River (this line intersects the West side of Second Avenue fifty-three feet and two-tenths of a foot North of Forty- seventh Street and intersects the West side of First Avenue nineteen feet Southerly of the North side of Forty-seventh street) ; thence Southerly along the shore of Turtle Bay to the Southerly side of Forty-sixth Street; thence Northwesterly along the same, which is also the Northerly bounds of sub- division number four of Turtle Bay Farm aforesaid, to an iron bolt fixed in a rock ; thence continuing along the said bounds and the Southerly side of said street Northwesterly one hundred and seven feet and thirty-five hundredths of a foot to a brown monumental stone marked 15 (fifteen) ; thence South- westerly along said bounds two hundred and six feet and fifty- two hundredths of a foot on a line making an angle with the last-described line on the Southerly side thereof of one hundred and three degrees and thirty-one minutes of a degree to a brown monumental stone marked 14 (fourteen), placed at the inter- section of the Easterly side of First Avenue by the Northerly side of Forty-fifth Street ; thence Northwesterly along the bounds aforesaid, which is also the North side of said Forty- fifth street four hundred and twenty-five feet on a line making an angle with the said last-described line on the Northerly side thereof of one hundred and three degrees and thirty-one min- utes of a degree to the Southwesterly bounds of sub-division number three of Turtle Bay Farm aforesaid, where there is a bolt numbered thirteen (13) fixed in a rock; thence along the said bounds Northeasterly at right angles to the last-described line two hundred and sixty feet and eight-tenths of a foot to a brown monumental stone marked 12 (twelve) on the North side of Forty-sixth street; thence Northwesterly at right angles to the last-described line along the said bounds, which is also the North side of said Forty-sixth Street, eight hundred and SUB-DIVISION NUMBER FIVE. 99 sixty-nine feet and seven-tenths of a foot to a brown monu- mental stone marked ii (eleven), placed in the Southeast side of the Eastern Post Road, so called, and thence along the same Northeasterly three hundred and sixty feet and thirty-four hun- dredths of a foot to the place of beginning. Containing eleven acres and ninety-nine hundredths of an acre. Subject, nevertheless, and reserving forever hereafter to the proprietors of the s^id sub-division or farm number four the right tc the use in common with the said party of the second part, his heirs and assigns forever, of a lane twenty-five feet wide, extending from sub-division number four aforesaid to the Eastern Post Road, so called, as follows : The Westerly side of said- lane begins at the monumental stone aforesaid marked 15 (fifteen), placed in the South side of Forty-sixth street, and runs thence Northeasterly two hundred and thirty-three feet and seventy-three hundredths of a foot on a line making an angle with the said Forty-sixth street, on the Northerly side thereof, of eighty-six degrees and fifty-six minutes of a degree to a brown monumental stone marked 17 (seventeen) ; thence Northeast- erly thirty-five feet and forty-five hundredths of a foot on a line making an angle with the last-described line, on the Westerly side thereof, of one hundred and fifty-six degrees and one min- ute of a degree to a brown monumental stone marked 18 (eighteen), which is twenty-five feet at right angles Southerly from the Northeasterly bounds of sub-division number five aforesaid, and thence Northwesterly parallel to the said bounds on a line making an angle with the last-described line, on the Westerly side thereof, of one hundred and twenty-two degrees and thirty-three minutes of a degree twelve hundred and thirty- four feet to the Eastern Post Road aforesaid, with the privilege or right, nevertheless, to the said party of the second part, his heirs and assigns, of closing up the said lane on giving, opening and making, at his or their own expense, another road or way. The right of way, hereby granted or reserved, to continue 100 THE TURTLE BAY FARM. until Forty-fifth Street shall be fully opened and worked from said farm number four to the Third Avenue, and thereafter to cease and be discontinued. And also all other the estate, right and interest of them, the said parties of the first part, in and to the whole of the said hereby described sub-division, subject as aforesaid. DEED. Francis Bayard Winthrop and Elizabeth, his wife, to James Hamilton. Dated 8th June, 1821. Ack. 8th June, 1821. Rec. 3d July, 1821. 153 Conveyances, 328, Consideration, $5,000. Conveys same premises as partition deed to Francis Bayard Winthrop, by same description. DEED. James Hamilton, and Mary, his zvife, to Susan Barclay, zvifc of Thomas Barclay. Dated 1st March, 1824. Ack. 22d March, 1824. Rec. 24th March, 1824. 174 Conveyances, 188. Consideration, $6,000. Conveys same premises by same description. | DEED OF TRUST. '" Thomas Barclay and Susan, his zvife, to Peter Augustus Jay, Peter Stuyvesant, and Henry Barclay. Dated loth Dec, 1827. Ack. loth Dec, 1827. Rec 19th Dec, 1827. 229 Conveyances, 63. Consideration, $1.00. Conveys same premises by same description. In trust to SUB-DIVISION NUMBER FIVE. 101 permit Thomas Barclay, and Susan, his wife, during their joint lives to take and receive the rents, issues, and profits thereof to their own use, and, after the decease of either, to permit the survivor to receive, to his or her own use, the rents, issues, and profits during his or her life ; " and further in trust, from time to time to execute and deliver such conveyances of and for the whole, or such part or parts of the said lands, tenements, hered- itaments and premises as the said Thomas Barclay, and Susan, his wife, or the survivor of them, shall, by deed or other instru- ment in writing, under their, his, or her hand or hands and seals direct and appoint." And upon the death of the survivor of the said Thomas Barclay, and Susan, his wife, to dispose of the same in such manner as such survivor shall by will appoint, and in default of such appointment to convey to certain persons named in said deed. DEED. Thomas Barclay and Susan, Ids wife, to Isaac M. Woolley. Dated 6th Aug., 1829. Ack.6th Aug., 1829. Rec. 22d Aug., 1829. 254 Conveyances, 245. Consideration, $q,ooo. Conveys same premises by same description. Thomas Barclay died on 21st April, 1S30. Susan Barclay, zvidovj of Thomas Barclay, of 1st part, Peter Augustus Jay, Peter Stuyvesant, and Henry Barclay, of 2d part, to Isaac M. Woolley. DEED. Dated 31st Dec, 1830. Proved 14th Feb., 1831. Ack. 15th Feb., 1831. Rec. 24th Feb., 1831. 269 Conveyances, 449. Consideration, $1.00. l02 THE TURTLE BAY FARM. After reciting the two deeds last above set forth, Susan Bar- clay directs and appoints the said trustees to execute a con- veyance of said premises to Isaac M. Woolley, his heirs and assigns. Said trustees convey same premises by same description. Isaac M. Woolley conveyed the premises so vested in him in dilTerent parcels, as shown on annexed map The two follow- ing conveyances by him are here given more at large. DEED. Isaac M. Woolley and ) ^^^ted 9th Dec, 1833. Matilda D., his wife, [ ^^^- 9th Dec, 1833. > Rec loth Dec, 1S33. WILLIAM BEACH LAWRENCE. \ 305 Conveyances, 335 1 Consideration, $2,000. Conveys all that certain lot, piece, or parcel of land situate, lying and being the Twelfth Ward of the City of New York. Beginning at a point in the centre of the intersection of the Second Avenue and Forty-Seventh Street ; and running thence Easterly along the centre of Forty-Seventh Street five hundred feet to ground now or late belonging to Allen McDougall ; thence Northerly along said McDougall's and parallel with the avenue thirty feet, more or less, to ground belonging to the party of the second part ; thence Westerly along said second parties' Southerly line five hundred and two feet, more or less, to the centre of the Second Avenue ; thence Southerly along the centre of said avenue, which is also the Easterly boundary of ground belonging to Thomas Powers, seventy-eight feet to the place of beginning. Subject, nevertheless, and reserving to all proprietors of the sub-divisions numbered four and five of the Turtle Bay Farm, the right to the lane or road, as it now runs from number four to the Eastern Post Road through this property, which right is to continue until Forty-Seventh Street shall be opened and reg- SUB-DIVISION NUMBER FIVE. 103 ulated to make it a like good road through this ground from the First Avenue to the Second, and forever after to cease. DEED. Isaac M. Woolley, and ) I^^ted nth Aug., 1829. Matilda D., his wife, [ Ack. 12th Aug., 1829. f^ / Rec. 15th Aug., 1829. Allen McDougall. \ 254 Conveyances, 178. Consideration, $9,600. Conveys all that certain tract, piece, or parcel of ground sit- uate, lying and being in the (late) Ninth, now Twelfth Ward of the City of New York, adjoining Turtle Bay, in the East River, beginning at Turtle Bay aforesaid, and running thence North- westerly along the land of Isaac Lawrence, Esquire, according to'the course of the lane on the Northwesterly side of the prem- ises hereby intended to be conveyed, to a point two hundred feet distant in a right line from the First Avenue ; thence South- westerly in a parallel line with the First Avenue, and at the distance of two hundred feet therefrom to Forty-Fifth Street , thence Southeasterly along Forty-Fifth Street to the centre of the First Avenue ; thence Northeasterly through the centre of the First Avenue to the centre of Forty-Sixth Street ; and thence Southeasterly through the centre of Forty-Sixth Street to Turtle Bay aforesaid ; and thence along the shore of Turtle Bay aforesaid to the place of beginning, and including all the water right or water privilege of the said parties of the first part in front of the premises above described. Subject, nevertheless, and reserving to the proprietors of sub- division Number Four of the farm whereof Francis B. Win- throp died seised, the right to the use in common with the said party of the second part, his heirs and assigns, of a lane twenty- five feet wide, extending from said sub-division Number four to the Eastern Post Road, so called, as the lane now runs, with the 104 THE TURTLE BAY FARM. privilege of closing up said lane on opening a new lane of same width, the said right of way to continue until Fortj-Fifth Street shall be finally opened and worked from said farm num- ber four to the Third Avenue. DEED. Allen McDougall and Charlotte, his wife, to Thomas Burlock. Dated 22d March, 1834. Ack. 22d March, 1834. Rec. 24th Dec, 1834. 322 Conveyances, 206. Consideration, $15,000. Conveys same premises by same description. DEED. Thomas Burlock and Caroline a., his ivife, to Jasper Grosvenor. Dated ist May, 1835. Ack. 1st May, 1835. Rec. 1st May, 1835. 330 Conveyances, 445. Consideration, $35,000. I Conveys same premises by same description. MORTGAGE. Jasper Grosvenor to Thomas Burlock. To Secure $23,333.33. Dated ist May, 1835. Ack. 1st May, 1835. Rec. 1st May, 1835. 182 Mortgages, 166. Covers same premises by substantially same description. ASSIGNMENT OF MORTGAGE. Thomas Burlock to The New York Equitable Insurance Company. Assigns above mortgage. Dated 19th March, 1836 Ack. 19th March, 1836. Rec. 6th April, 1836. 198 Mortgages, 43. Considerat'n, $23,863.88 4 SUB-DIVISION NUMBER FIVE. 105 Jasper Grosvenor and Matilda, his zvife, to Edward M. Morgan. DEED. Dated 28th Dec, 1836. Ack. 30th Dec, 1836. Rec 19th June, 1837. 378 Conveyances, 415. Consideration, $100. Conveys same premises by same description. MORTGAGE. Edward M. Morgan to Daniel Drew and Edward B. St. John. To Secure $22,500. Dated 19th Aug., 1839. Ack. 28th Aug., 1839. Rec. 2ist Sept., 1839. 236 Mortgages, 20S. Covers same premises. Edward M. Morgan to Archippus Morgan. DEED OF TRUST. Dated 20th Sept., 1839. Ack. 20th Sept., 1839. Rec. 2ist Sept., 1839. 398 Conveyances, 535. Consideration, % i .00. Conveys same premises by same description. In trust to sell and pay indebtedness to Archippus Morgan and Ebenezer Jessup, as specified in said deed. IN CHANCERY. Before Vice-Chancellor. The New York Equitable Insur- ance Company Jasper Grosvenor, Edward M. Morgan, Archippus Morgan, Daniel Drew, Edward B. St. John, David Austin, David Aus- tin, Jr., and others. 106 THE TURTLE BAY FARM. 1840— Feb. 10. Bill filed to foreclose, 183 Mortgages, page 166. Feb. 35. Order for service of Archippus Morgan and others by publication. March 5. Order pro confesso against Grosvenor, Drew, St. John, Austin, Austin, Jr., and others, in default of appearance by them. April 39. Order pro confesso against Edward M.Mor- gan in default of appearance. Tune 29. Order pro confesso against Archippus Mor- gan and other non-residents in defiiult of appearance. 1S41 — April 13. Order of reference to compute amount due. " 26. Master reports $19,577.08 due. " 26. Decree of foreclosure and sale entered. July I. Decree enrolled. DEED. William Mitchell, Master in Chancery, to Morris Ketchum. Dated ist July, 1841. Ack. 2d July, 1841. Rec. lOth July, 1841. 417 Conveyances, 480. Consideration, $8,000. Conveys same premises by same description. DEED. Morris Ketchum and Margaret, his zvife, to Richard Van Dyke, Senior. Dated 14th Jan., 1846, Ack. 14th Feb., 1846. Rec- 14th Feb., 1846. 472 Conveyances, 246. Consideration, $9,000. Conveys same premises by substantially the same descrip- tion. SUB-DIVISION NUMBER FIVE. 107 DEED. _ Dated 1st Feb., 1847. Richard Van Dyke, Senior., I Ack. 9th Feb., 1847. to > Rec. 20th Feb., 1847. Benjamin Loder. \ 486 Conveyances, 85. J Consideration, $16,500. Conveys same premises by same description. Subject to mortgage recorded in Liber 292 Mortgages, page 213, which was discharged of record on 29th March, 1854. DEED. T/ie Mayor, Aldermen and Com- j Dated ist Sept., 1853. monalty of the City of Nezv Vor/ef Proved 5th Oct., 1853. > Rec. i6th Nov., 1853. L I 637 Conveyances, 633. f Benjamin Loder. \ Consideration, $1,004.17 Conveys all that certain water lot or vacant ground and soil under water to be made land and gained out of the East River or Harbor of New York, and bounded, described, and contain- ing as follows, that is to say : Beginning at the point of inter- section of the line of original high water mark with the line of the centre of Forty-Sixth Street, and running thence Easterly along said centre line of Forty-Sixth Street four hundred and five feet to the East River ; thence along a line in a Northeast- erly direction two hundred and sixty fa ten inches to a line running through the centre of Forty- ^ eventh Street; thence Westerly along said centre line of Forty-Seventh Street three hundred and ninety feet to the line of original high water mark, and thence mainly in a Southerly direction along said line of original high water mark as it winds and turns to che point or place of beginning. €/€^ cn me tJume ^c)a^ ^alm. —d^u^-c/mato^ (Mt^. {}/a en m€ ^uiue ^da^ ^a4m. —d^u/^-c/ivuion (^'i^. ;AKQ. ^A\li6. ^' T^r^, Vs^iiC MAP Cf PHOPLRTY BEING PAR.T t y/" ^ i? to >o- N A ^ S x> N to ""'T i rj P ">y s \ \, ^ -vk HS ij b ;. L .^ 60 «Q ^ Oo Oo ^■S ^ .^ _ > V. j-ii f) y/ ^^ -'t ^crloxCN/ S >fiif3jf SUB-DIVISION NUMBER SIX OF TURTLE BAY FARM. P This sub-division, as hereinbefore stated, was set apart to William H, Winthrop. The following is the deed of partition conveying the same to him : John Still Winthrop and Harriet, Jus tvife, Francis 13. Winthrop, and Elizabeth, his ivife, CHARLES W. TAYLOR I and Cornelia, his wife, John| M. AspiNWALL and Char- lotte Ann, his tvife, Thomas / Charles Winthrop and\ Mary Jane Winthrop to William H. Winthrop. DEED. Ddted 31st July, 1820. Ack. 5th Aug., 1820. Rec. 7th Aug., 1820. 147 Conve}ances, 23. Consideration, $8,657. 1 5 Conveys all the six undivided seventh parts of the said farm distinguished on the said map and field book by the sub-division or farm nuiul)er six of the said Turtle Bay Farm, butted, liO THE TURTLE BAY FARM. bounded, and described as follows : Beginning at a brown monumental stone marked 19 placed in the Southeasterly side of the Eastern Post Road, so called, in the most Northerly corner of sub-division number five of Turtle Ba}' Farm afore- said, and running thence Southeasterly along the Northeasterly bounds of the same thirteen hundred and thirty-five feet to the shore of Turtle Bay on the East River (this line intersects the West side of Second Avenue fifty-three feet and two-tenths. of a foot North of Forty-seventh Street and intersects the West side of First Avenue nineteen feet South of the North side of Forty- seventh Street : thence along the said Bay and the East River Easterly and Northerly to the Northerly bounds of the said Turtle Bay Farm, which is also the Southerly bounds of a farm belonging to the heirs of James Beekman, deceased, where a rock is marked ; thence along the said bounds Northwest- erly eighteen hundred and seventy-six feet and eight tenths of a foot to a brown monumental stone marked K, placed on the Easterly side of the Eastern Post Road aforesaid (this line in- tersects the West side of First Avenue forty-eight feet and five- tenths of a foot South of the North side of Forty-ninth Street and intersects the W^est side of Second Avenue fifty-eight feet and seven-tenths of a foot North of Forty-ninth street and a transit line from the mark on the rock at the East River to the monumental stone marked K, intersects the West side of First Avenue forty-eight feet and eighty-seven hundredths of a foot South of the North side of Forty-ninth Street, and intersects the West side of Second Avenue fifty-nine feet and seven-tenths of a foot North of Forty-ninth Street ; thence Southerly along the Easterly side of the said Post Road five hundred and sixty- seven feet and eight-tenths of a foot to the place of beginning. Containing nineteen acres and five-tenths of an acre. And also all other the estate, right, and interest of the said parties of the first part, in and to the whole of the said above- described farm or sub-division called number six. SUB-DIVISION NUMBER SIX. Ill DEED. ■ \ Dated 12th Feb., 1825. William Henry Winthrop / Ack. 12th and i6th Feb., and Margaret Ann, his zvifeS 1825. to . ( Rec. 1st March, 1825. Henry Barclay'. \ 188 Conveyances, 134. / Consideration, $13,000. Conveys same premises by same desci-iption. vSubject to lease to George Gates. DEED. Henry Barclay and ) ^^^ed 3d May, 1826. Catharine, /lis wife, ( ^ck. 4th May, 1826. Rec. 29th May, 1826. to George Gates. \ ^°5 Conveyances, 298. Consideration, $600. '. ONVEYS all that certain piece, parcel or tract of land situate, lying and being in the Twelfth (late Ninth) Ward of the City of New York, being part and parcel of that part of the farm whereof Francis ]3ayard W^inthrop died seised, commoidv known by the name of the Turtle Bay Farm, which, in a map or survey thereof is known and distinguished by the number six, and the premises hereby granted and conveyed, or men- tioned, or intended so to be, is butted, bounded, and described as follows : Beginning at that point on the old Post Road which is marked on the map hereunto aiuiexed as the place of beginning, and running thence North twenty-four degrees thirty minutes East, along the said Post Road two hundred and fifty- four feet to a brown stone marked K ; thence South fortj-seven degrees East, two hundred and eighteen feet ; thence South seventy-one degrees thirty minutes West, two hundred and sev- 112 THE TURTLE BAY FARM. enty-two feet; thence North nine degrees West, five feet to the place of beginning. Containing six-tenths of an acre, be the same more or less, being the same premises protracted on the annexed map and survey made by Fran. P. Vidal, City Surveyor, on April 19th, 1826. Henry Barclay, on the 3d April, 1826, intending to convey to Isaac Lawrence property beginning one hundred and eight} - two feet West of First Avenue, by an error in description con- veyed property beginning one hundred and eighty-two feet West of Second Avenue. The deed with this erroneous description is recorded in Liber 203 Convs., 167. This error was recited and corrected in deed between the same parties, recorded in Liber 221 Convs., 524, which deeds are set out in full hereinafter. DEED. Henry Barclay and ) Dated 26th Oct., 1832. Catharine, hS ivifc, [ ^ck. 26th Oct., 1832. Rec. 26th Oct., 1832. 288 Conveyances, 596. Consideration, $9,090. to Samuel Teiomson. Conveys the Westerly portion of sub-division six (6) by the following description : " All that certain piece or parcel of land situate, lying and being in the Twelfth, late Ninth Ward, of the City of New York, and part and parcel of a certain farm, late the property of William Henry Winthrop. Beginning at a In-own monumental stone marked 19, placed in the South side of the old Eastern Post Road, so called, in the most Northerly corner of sub-division number five of the Turtle Bay Farm, and running thence South fifty-one degrees and thirty minutes East, SUB-DIVISION NUMBER SIX. 113 along the Northeast side or boundary of lands late the property of Mrs. Susan Barclay nine hundred and eleven feet to the Northwest corner of lands now owned and occupied by Isaac Lawrence ; thence along the division line between said lands of Isaac Lawrence, and the hereby conveyed premises, North thirty-three degrees and thirty minutes East, five hundred feet to the lands of James Beekman ; thence along the Southwest boundary of said James Beekman's lands, North forty-seven degrees West, one thousand and nine feet to a monumental stone marked K, placed in the Easterly side of the Eastern Post Road aforesaid ; thence along the Easterly side of said road, South twenty-four degrees and thirty minutes West, two hun- dred and sixty-four feet ; thence South eighteen degrees West, one hundred and twenty-three feet ; thence South thirty-three degrees and forty-five minutes West, one hundred and thirty-one feet ; thence South thirty-nine degrees West, fifty-one feet to the place of beginning. Containing eleven acres and seven-tenths of an acre of land, excepting thereout a triangular piece or parcel of ground at the North corner of the hereby conveyed premises, sold to George Gates by the said parties of the first part by deed dated the 3d day of May, 1826, and recorded in the Register's Office of the City and County of New York, on the 29th day of May, 1826. Beginning at said Monumental stone marked K ; thence South forty-seven degrees East, two hundred and eighteen feet ; thence South seventy-one degrees and thirty minutes West, two hundred and seventy-two feet ; thence North nineteen de- grees West, five feet ; thence North twenty-four degrees and thirty minutes East, two hundred and fifty-four feet to the place of beginning. Containing six-tenths of an acre. The said premises hereby conveyed being subject to the undisturbed use by Isaac Lawrence aforesaid of the road or lane along the Northeast side of the hereby conveyed premises until some other convenient road or street is opened from his premises to the said Eastern Post Road. 114 THE TURTLE BAY FARM. Samuel Thomson and Ann, his zvife, to William Beach Lawrence. DEED. Dated 19th Nov., 1833. Ack. 22d Nov., 1833. Rec. 23d Nov., 1833. 306 Conveyances, 279. Consideration, $25,000. Conveys same premises by same description. The Easterly Portion of Sub-Division Six. DEED. Henry Barclay and Catharine, his wife, to Isaac Lawrence. Dated 3d April, 1826. Ack. 4th April, 1 826. Rec. 4th April, 1826. 203 Conveyances, 167. Consideration, $10,000. Conveys all that certain tract, piece, or parcel of land situate, lying and being in the Twelfth (late Ninth) Ward of the City of New York, being part and parcel of tract, or sub-division, number six of a certain farm, piece, or parcel of land, whereof Francis Bayard Winthrop, Esq., died seised, commonly known by the name of the Turtle Bay Farm. Beginning on the East- erly side of Forty-Seventh Street at a point one hundi^ed and eighty-two feet Northwesterly from the corner of the Second Avenue ; thence South fifty-one degrees and thirty minutes East, four hundred and ten feet ; thence North thirty-six degrees East, thirty-eight feet ; thence South thirty-eight degrees East, forty-eight feet; thence North fifty-four degrees East, fifty- four feet ; thence North eighty-nine degrees and thirty min- utes East, ninety-eight feet ; thence South thirty-three de- SUB-DIVISION NUMBER SIX. 115 grees, East one hundred and nineteen feet ; thence South sixty- three degrees and thirty minutes East, ninety-six feet ; thence South fifty-one degrees and thirty minutes East, three hundred and thirty-three feet ; thence North forty-seven degrees West, eight hundred and sixty-four feet ; thence South thirty-three de- grees thirty minutes West, five hundred feet to the place of be- ginning. Containing eight acres, be the same more or less, with the house, outbuildings, and improvements thereon, being part of the premises which were conveyed to the said Henry Barclay by William H. Winthrop, by deed recorded in the office of the Register of the City and County of New York, in Liber No. 1 88 of Conveyances, page 134, on the ist day of March, 1825. The said premises being bounded Southwesterly partly by Turtle Bay, and partly by land of Colonel Thomas Barclay, Southeasterly by the East River, on the Northeasterly side by ground now, or late of Nicholas V. Bayard, and on the North- westerly side by land of the said Henry Barclay. Subject to the right of closing the present road to the premises on opening a new road to the nearest avenue. DEED. Henry Barclay ) Dated 15th May, 1827. au^ Catharine, /lis i.nfe, ' ^ck. 28th May, 1827. ^^, Rec. 4th June, 1827. Isaac LawrencI'. \ ^^i Conveyances, 524. Consideration, $i.oo. \ Recites preceding deed, and grants, covenants, and agrees that the property intended and meant to have been conveyed by the said Indenture is bounded and butted as follows, viz. : Be- ginning at the East River at a mark cut on a rock, and running from thence along the land of Nicholas V. Bayard, North forty- seven degrees West, eight hundred and sixty-four feet to land belonging to the said Henry Barclay ; thence along the land of lin TiiK 'rrui'LH p..\\' I'AkM. the said Henry Barclay, South thirty-three degrees thirty min- utes West, five hundred feet to land belonging to Colonel Thomas Barclay ; thence along the land of the said Colonel Thomas Barclay South fifty-one degrees thirty minutes East, four hundred and ten feet to Turtle Bay on the East River ; thence along the said bay North thirty-six degrees East, thirty- eight feet ; thence South thirty-eight degrees East, fort} -eight feet ; thence North fifty-four degrees East, fifty-four feet ; thence North eighty-nine degrees thirty minutes East, ninety-eight feet; thence South thirty-three degrees East, one hundred and nineteen feet ; thence South sixty-three degrees thirty minutes East, ninety-six feet to the Easterly end of Turtle Bay ; thence along the East River North fifty-one degrees thirty minutes East, three hundred and thirty-three feet to the place of begin- ning. Containing eight acres, as by reference to the map here- unto annexed will more fully appear. Isaac Lawrence died intestate on the I2thjuly, 1S41, seised of said premises. Letters of administration were granted to John L. Lawrence on 19th November, 1841. See Liber 41 Letters Administra- tion, page 278. John L. Lawrence having died when the following proceed- ings were pending, letters of administration were granted to William Beach Lawrence on the 7th A;igust, 1S49. See Liber -19 Letters Administration, page i2r. In the Matter of The Petition of John L. Lawrence, Administrator, itc, of Isaac LAW- RENCE,/^/- Authority to Sell, Mort- gage, or Lease the Real Estate of the ' Deceased to Pay Debts, etc. SUB-DIVISIOX NUMBER SIX. 117 1843 — July II. Petition of Administrator for authoi-ity to sell real estate of deceased to pay debts, etc. 1843 — Sept. 2. Order granted directing a sale of the real estate of deceased, mentioned in the order, in which the premises in question are num- bered 24. 1S44 — Jan. 4. Order confirming sale except as to parcel in .question, which was adjudged to have been sold for less than its value. The order thereupon vacates sale of parcel in ques- tion, and directs that another sale thereof be had. 1850 — April 22. Order directing that William Beach Lawrence, the then administrator, etc., proceed to sell parcel in question. June 12. Sale of premises to William Beach Lawrence, Junior, for $30,000. June 15. Order confirming sale and directing a convey- ance. DEED. WiLLLui Beach Lawrence, j Dated 20th June, 1850. Administrator of Isaac Law-/ ^^j^._ 24th June, 1S50. ^^''^'■'^^' ^^ / Rec. 1 2th Aug., 1850. William Beach Lawrence, \ 554 Conveyances, 47- Junior. 1 Consideration, $30,000. 1.0NVKVS same premises by same dosciiplion. J^/k/ {^n me \y uitle tyoa^ r^^ai'?'/i, —(Mi^-c/i'Pt'dion (£^ta «j?^j {^n le iycciUie ^a'U ^^aif/t, ~(M(/'-(/n'afon (£^ia I— ! I -.£> ^ A s r Ki^ER THl PAT I ttitfk *itf a tr^r/^'f cctitui a ,.C (C (Ai 't'j.'oncc^ t}t\>(fi lit "1^ \ (jijtftttHt ; f" JSO, 9SS S-- feer ?^ LOT M' 1 Co-s/7v.,~< ^ JO- STR.EET. MAP J^^-^V nW^ \' L THE JAMES BEEKMAN TRACT. This tract is comprised in the following Patent to Gabriell Curtesee : PATENT. Sir Edmund Andros, Gover}ior, etc. to Gabriell Curtesee. Dated 19th Mar., 1676. Recorded in Secretary of State's Office at Al- bany. 4 Patents, 121. " Whereas there is a certaine lott of land upon this Island Manhatans the which by virtue of my warrant hath been laid out for Gabriell Curtesee, which said lott is ftbrty rod in breadth, being bounded to the Southeast by the River and to the Northeast by the land of David Du Four, ranging in length Northwest one hundred and twenty rods and bounded to the Northwest by the highway to the Southwest by the land of William Holmes. Containing the quantity of thirty acres as by the return of the survey under the hand of the surveyor doth and may appear." Conveys said premises to the patentee. These premises afterwards became vested in George Els- worth, who died seised thereof leaving a will as follows : 120 THE JAMES BEEKMAN TRACT. Last Will and Testame^it j Dated 8th Aug., 1727. 0/ > Proved nth Feb., 1733. George Elsworth, Senior. \ 12 Wills, 133. Gives his wife Arianchia a life estate in all his real property, and, after bequeathing certain legacies, provides as follows " All the rest and remainder of my said reall and personall estate not herein already disposed of I give and bequeath unto my chil- dren, namely Theophilus Elsworth, John Elsworth, George Elsworth, Ahasuerus Elsworth, and Ananche Elsworth equally to be divided shared and parted amongst them all. To have and to hold one equal part thereof to each of them my said children, and to each of their heirs and assigns to and for their own use forever." Arianchea Elsworth, Theo- philus Elsworth ^//(^Sarah, /lis wife, John Elsworth I DEED. and Sarah, his wife, George ,^ , , r^ Elsworth ^;/^ J ANNETTE./... i^^ted 4th Sept., 1736. wife, Ahasuerus Elsworth,,^ ^^^^- ^\^^ f^l^^- 'r,^- JOHN constable and ANAN-1 ^^^- 7th Sept., 1736. CHE, his wife, \ f Conveyances 66. \ Consideration, ^ I 'o. to Matthew Norris. Conveys all that certain messuage. Tenement or House, Watermill, and Lott or parcell of ground situate lying and be- ing at Turtle Bay within the Bounds of New York City whereof the said Geo. Elsworth, senior, died seised. Bounded to the River Southeast and ranging in length Northwest one hundred -rc^_>.t s ^ve^ "^ \ A V: •, / 3- i<> .^^.cr^- ickiS^ 2/^A/2/ (iKKF.RAL iri'LE. 121 and twenty rod and bovnided to the Northwest by the Highway, bounded to the Northeast by the land of David Dertbare, and Southwest by land of late of William Holmes. Containing by estimation thirty acres. DEED. Matiiew Norris and ) ^'^ted 28th July, 1738. EUPHEMIA, his wife, { Ack. 28th July, 1738. • / Rec. 1 6th April, 1739. Andries vIx Aebody. \ 3^ Conveyances, 125. I Consideration, ^ 185. Conveys same premises by same description. By bond, dated 24 July 1738, and recorded in Liber 36 Con- veyances page 164, the grantee in the above deed, having inter- married witli Hannah Byse, widow of John Byse, bound him- self to give to Mattawis Byse and Rebecca Byse, children of said John Byse, an even and equal share and portion with his own children. The said Andries Van Albody was afterwards known as Andries Anderson. He died seised of said tract, which was thereupon partitioned as follows : Ell\s Anderson, i PARTITION DEED. of \st part, / John Anderson, I Dated 3d Jan., 1763. of 2d part, / Ack. 7th April, 1 764. Abraham Anderson, I Rec. i6th Oct., 1775. of ^d part. \ 40 Conveyances, 478. Recites seisin by parties of tract in (question, and that for the purpose of an equable partition the same had been divided into three lots, numbered i 3 and 3 on a map annexed to this deed, and that lot number i had been allotted to Abraham An- I'jo rilK JAMES BEEKMAN TUACT. deison, lot nuniber 2 to John Anderson, lot nuiviber 3 to EHas Anderson. CoxVEVS to Abraham Anderson All that the said North- eastermost third part thereof known and distinguished in the said Chart or Map by lot No. i, Butted and Bounded as in the said map and hereinafter is particularly mentioned and ex- h pressed ; that is to say : Beginnino; at the river side and the | Southermost corner of the farm of the saiil David Devoor thence || running South twenty degrees thirty minutes West three chains, thence South thirty-nine degrees West one chain and forty links to the Eastermost corner of the middle lot, No. 2 ; thence north fortv-seven degrees West twenty-four chains and ninety links to the said Highway and the Northermost corner of the said mid- dle lot No. 2, thence along the said highway south Eighty-five degrees East three chains and twenty links, thence North Sixty- two degrees East three chains and Eighty-five links to the Westermost corner of the farm of the said Dayid Devoor thence along the bounds of the farm of the said David Devoor South forty-five degrees East twenty chains and forty-six links to the place of beginning. Conveys to John Anderson All that the said middle third part thereof known and distinguished on the said chart or map by lott No. 3, butted and bounded as in the said map and here- inafter is particularly mentioned and expressed (that is to say) Beginning at the river side and the Southermost corner of the said lot No. I and running thence along the said river South thirty-nine degrees West four chains and forty links to the Easter- most corner of the said lot No. 3 ; thence North forty-five de- grees thirty minutes West twenty-six chains and eighty links to the said highway and the Northermost corner of the said lott No. 3, thence along the said highway North thirty- five degrees thirty minutes East one chain and eighty-five links, thence North seventy-seven degrees East one chain, thence South Eighty-five degrees East one chain and eightv links to the West- GENERAL TITLE. 123 ermost corner of tlie said lot No. i, thence along the bounds of the said lot No. i south forty-seven degrees East twenty-four chains and ninety links to the place of beginning. Lots One and Two comprise the farm in question. The dis- tance given in this survey, as in the Turtle Bay Farm, are not long enough to reach the recent Eastern Post Road by about I CO feet. DEED. Abraham Anderson and Su- sanna, his wife, JOHN Dyck- MAN and Rebecca, his zuifeJ Dated 4th Jan., 1763. Matthew Buys and Mary,\ Ack. 4th Jan., 1763. ^^^ "^ife, { Rec. i6thOct., 1775. to V 40 Conveyances, 471. James Beekman. Consideration, ;^340. Recites the partition of the farm in question above set forth, and that Matthew Buys in his own right, and the said John Duyckman and Rebecca his wife in right of her the said Re- becca do claim title to a part of the said farm or plantation in virtue of a certain instrument executed by Andries Albody, alias Anderson, to Jacobus Montanje in favour of them the said Matthew Buys and Rebecca Duyckman, and also in virtue of the last will and testament of the said Andries. ( ONVEYS said lot one b}' same description. DEED. . , 1 Dated 7th Jan., 1763. John Anderson and J . , ' ,■' i ^ A/r..^.,,. /..-.....v. / Ack. 7th Jan., 1763. Martha, his wife, to James Beekman. Rec. i6th Oct., 1775. 40 Conveyances, 475. Consideration, ;^385. (Conveys said lot two by same description. 124 THE JAMES ^.KKK^rA^■ TRACT. iMst Will and Testament / Dated loth Jan., 1806. of > Proved 22d July, 180; James Beekman. V 47 Wills, 63 " Item : I give devise and bequeath unto my said beloved wife m}' country seat on w^liich I now reside, situate above the four Mile Stone on the East River in the Seventh, now ninth, ward of the City of New York, Together with all my Household fur- niture, Plate, Books, Horses, Carriages, Cattle and farming Utensils thereon during her natural life. And this devise shall be construed and considered as a full bar of her right of Dower. Moreover it is my Will and desire that such of my unmarried Children as shall choose may reside with my Wife on the said farm in the enjoyment of the Privileges appertaining thereto, they bearing their respective proportions of the Family expenses during the life of my said Wife and their respective residence with her, and also that at her decease, and in order to prevent a disposal of my said Farm to effect a division thereof among my Heirs, it is my will and determination that such of my unmarried Children as may choose and agree shall retain and hold to them, their Heirs and assigns forever the whole of my said Farm, farming Utensils and Cattle thereon ; for all and every article of which property they are to account to the rest of my Children whether married or single, for their equal and respective shares therein, the value of which property is to be ascertained by a Just appraisement thereof between them, or by three competent persons to be chosen by them. # * * « And Whereas my late brother Abraham Beekman hath de- vised and bequeathed to my son Abraham K. Beekman the greater part of his Estate, to the exclusion of all my other chil- dren, therefore I think it my duty, as my beloved Son Abraham is already well provided for, to give, and I do hereby give, my said GENERAL TITLE. 12D son Abraham the sum of one hundred pounds only as his part and portion of my Estate and as a pledge of my paternal affection for him. And all the residue of my Estate, Real and Personal of what nature soever, not in this my last will and Testament other- wise disposed of, I give devise and bequeath unto my nine be- loved Children, by names William, James, Jane, the wife of Stephen V. Cortlandt, Catharine, wife of Elisha Boudinot, Esq.. Mary, wife of Stephen N. Bayard, John, Cornelia, wife of Isaac B. Cox, Gerard and Samuel, and to their heirs and assigns forever, to be equally divided between them as tenants in com- mon and not as joint tenants. Provided nevertheless, and it is my will and intention, that the advances already made to any of my married children or yet to be made, according to an account to be kept for that purpose, shall be deducted from their respec- tive shares and proportions of my Estate to which they would respectively be entitled by virtue of this my last will and testa- ment. Item, I do authorize my Executrix and Executors, and the survivors or survivor of them, to sell and dispose of all my Estate of what nature soever and wheresoever, provided the same shall not be repugnant to any former clause in this my will, in such manner and at such times as they may think pro- per, and to execute therefore good and sufficient Conveyances in the Law for all or any part of my said Estate, as to them shall seem meet ; to the end and for the purpose that the avails of such sale or disposition may be applied according to the true interest and meaning of this my will above particularly de- scribed." Appoints his wife Jane Executrix and his sons Wil- liam, James, John, Gerard and Samuel his Executors. Last Will and Testament t Dated 6th Oct., 1807. /^ \ Proved 19th Sept., 1808. Wii.LLVM Beekman. \ 47 Wills, 416. " First, I will and direct that all my just debts and funeral 126 THE JAMES BEEKMAN TRACT. charges be paid by my Executors in a Convenient time after my decease. Second ; Whereas my late uncle Abraham Beek- man deceased hath devised and bequeathed the greater part of his Estate to my brother Abraham K. Beekman (to the exclu- sion of all my other brothers and Sisters), therefore I give and bequeath unto my said beloved brother Abraham, a Suit of Mourning and a Gold Mourning Ring only as a Pledge of my fraternal affection for him. Third — and all the rest and residue of my Estate both Real and personal whatsoever and where- soever situated, I give, devise, and bequeath unto my beloved brothers James Beekman, John Beekman, Gerard Beekman and Samuel Beekman and unto my beloved Sisters Jane (the wife of Stephen V. Cortlandt), Catharine (wife of Elisha Boudinot), Mary (wife of Stephen N. Bayard), and Cornelia (wife of Isaac B. Cox) to each of them, their Heirs and assigns forever, one equal eighth part or share thereof, to be divided between them as Tenants in Common and not as joint tenants. Nevertheless it is my will that if my said Sisters or either of them should die without leaving Issue at the time of her death, that then the respective share or shares of my Estate to which she or they would have been entitled by Virtue of the former clause in this my last will shall vest the Fee Simple in my surviving brother or brothers, Sister or Sisters, and the issue of such of them as may then be dead, share and share alike ; such issue to take equally such portion only as would have gone to his, her, or their parents if living, and the property which shall so survive to any of my Sisters shall likewise be liable to survive in the same manner as the property so directly devised to them and on the like condition. Lastly I make and ordain my said brothers James, John, Gerard and Samuel Beekman to be Executors of this my last will and Testament, hereby utterly disallowing and revoking all former wills by me made and giving my said Ex- ecutors, the Survivors or Survivor of them, full and ample power to dispose of all or any part of my Real Estate whatsoever or GENERAL TITLE. 127 wheresoever Situate either at Public or private Sale in such manner and at such times as they may think proper, with full power to execute good and sufficient Conveyance in the Law to the purchasers thereof their heirs and assigns." James Beek^l\n and Lvdla, his loife, JOHN pEEK>L\N and Mary, his tvife, Stephen Van CoRTLANDT and Jane, hi.^ wife, Elisha BouDINOT and] Catharine, his wife, Stephen N. Bayard and Mary, his ::nfe, ISAAC B. COX and COR- . i:lia, liis li'ife, to Gkrard Beekman rt/^^ Samuel Beekman. DEED. Dated 4th Feb., 1809. Ack. 3 1. St May, 1809. Rec. 5th June, 1809. 83 Conveyances, 186. Consideration, $3,750. Recites will of James Beekman and the provisions therein relative to the purchase of his homestead by his unmarried chil- dren — recites also death and will of William Beekman, and that Gerard Beekman and Samuel Beekman who were the only unmarried children of James Beekman had agreed to purchase the fiirm at $30,000, at which sum the value of the estate had been appraised and fixed. Conveys all that farm or homestead late of the said James Beekman, deceased, situate in the Ninth Ward of the City of New York, near the four mile stone, and on the Easterly side of the main road leading from New York to Harlaem which said farm is bounded as follows, to wit Northeastwardly on the lands of Edmund Seaman Southeastwardly by the East River Southwestwardly by the lands of Francis B. Winthrop and 1-2S THE JAMES BEEKMAN TRACT. Northwestwardly by the public road or highway leading from New York to Harlaem, as aforesaid. Which said farm contains Twenty-one acres and a half acre of land, be the same more or less. Subject to life estate of mother of parties hereto. Notwithstanding this purchase of the farm by the unmarried children, all the property of which James Beekman died seised, including the farm conveyed in the previous deed, was par- titioned in i8i3. In this partition, as appears from a recital in a partition deed of other parts of said estate of which James Beekman died seised, which deed is recorded in Liber loi Cons., page 29, the farm in question fell to the share of James Beekman, Gerard Beekman and Samuel Beekman. All three were parties to this deed, and the recital is in the following words : " And whereas the parties to these presents have mutu- ally agreed to make partition by ballot of a certain part of the estate, real and personal, of their late father, so to them devised and bequeathed as aforesaid and so to them conveyed by the said Abraham K. Beekman as aforesaid, being arranged in classes so as to render the several shares as nearly of equal value as possible. And whereas that part of the real estate of the said James Beekman, Esquire, deceased, which consisted of his homestead or farm, situate in the Ninth Ward of the City of New York, containing twenty-one acres of land or thereabouts whereon he, the said James Beekman, resided at the time of his decease, hath on such ballot and partition fallen to the shares of the said James Beekman, Gerard Beekman and Samuel Beekman, parlies to these presents, each one equal undivided third part thereof, share and share alike. And whereas, in and by a certain indenture made and executed on the fourth day of February, 1809, by and between the heirs and devisees of the said James Beekman, deceased (other than the said Gerard Beekman and Samuel Beekman of the one part and the said Gerard Beekman and Samuel Beekman of the other part), all the right, title and estate which was of the said James Beekman, GENERAL TITLE. 1l>9 deceased, at the time of his death, of, in and to the said home- stead or farm, is now vested in them, tlie said Gerard Beekman and Samuel Beekman, and they, the said Gerard and Samuel have agreed that they shall and v^ill make partition of tho same as aforesaid with him, the said James Beekman, party to these presents, and shall and will convey to him, the said James Beek- man, one equal third part thereof as his part or share of the real estate aforesaid no^ divided by and among the heirs and de- visees of their late father. And also, that they, the said Gerard and Samuel, shall and will, severally and respectively, have, hold and retain one equal third part thereof as their several and re- spective shares of the said real estate now divided as aforesaid." James Beekman, and Lydlv, J PARTITION DEED. Jiis zvife, j of 1st pari, I Dated 15th Nov., 1815. Gerard BEEK^[AN, and Catii-\ Ack. 20th and 23d Nov., erine, /lis ivife, 1815. of 2d part, \ Rec.4thDec., i8ii Samuel Beekman, of yi part. 113 Conveyances, 59. Consideration, $1.00. Sets apart to James Beekman lot i on the map annexed, which in said deed is described as follows : " All that certain piece or parcel of land, situate in the Ninth Ward of the City of New York, being part of the estate of the late James Beekman, deceased. Beginning at a point, on the Easterly side of the East- ern Post Road, so called, where the same is intersected by the Northerly side of Fifty-first street, at which point there is a brown stone marked A, which is distant seventy-one feet and four-tenths part of a foot Westerly from a marble monument marked 2-51, placed at the intersection of the Northerly side of 130 THE JAMES BEEKMAN TRACT. Fifty-first street by the Westerly side of the Second Avenue, and running thence along the Easterly side of said Post Road, so-called, Northerly to a point in the Westerly side of the Sec- ond Avenue, where the same is intersected by a range of a fence, which is the division line between the Estates of Edmund Seaman and the said James Beekman, deceased ; at this point is placed a brown stone marked B, which is distant Northerly one hundred and sixty-four feet from the marble monument hereinbefore mentioned ; thence along the said division line Easterly to a brown stone marked Con the shore of the East River ; thence along the same Southerly to a brown stone marked D, in the Northerly side of Fiftyeth street; thence along the same Westerly to a brown stone marked E, which is dis- tant two hundred and fifty-four feet and five-tenth parts of a foot Westerly from a marble monument marked 1-50, placed at the intersection of the Westerly side of the First Avenue by the Northerly side of Fiftyeth street ; thence at right angles to the same (which is also parallel to the Avenues) Northerly to a brown stone, marked F, in the Northerly side of Fifty-first Street, and thence Westerly along the same to the place of be- ginning. Containing six acres and seven-tenth parts of an acre (The division line above mentioned is a straight line, running from the brown stone marked B to the brown stone marked C, above mentioned, and intersects the Westerly side of the First Avenue twenty-three feet and one-tenth part of a foot North- erly from a marble monument, marked 1-51, placed at the inter- section of the Northerly side of Fifty-first street by the Westerly side of the First avenue. Sets apart to Samuel Beekman lot 2 on said map, which is described as follows : " All that certain piece or parcel of land, situate in the Ninth Ward of the City of New York, being part of the estate of the late James Beekman, deceased. Beginning at a brown stone marked E, situate on the Southerly side of Fiftyeth street, distant two hundred and fifty-four feet and five- PARTITION DEED. 131 tenth parts of a foot Westerly from a marble monument marked 1-50, placed at the intersection of the Northerly side of Fiftyeth street by the Westerly side of First Avenue ; and running thence Southerly parallel to said avenue to a brown stone marked H, which is in the division fence between the estate of Francis B. Winthrop and that of the said James Beekman, late deceased ; thence along the said division fence Easterly to the shore of the East River, wh^re the rock bounding the same is marked with the letter L cut on said rock ; thence along the same Northerly to a brown stone marked D, in the Northerly side of Fiftyeth street, and thence along the same Westerly to the place of beginning. Containing seven acres and two-tenth parts of an acre. (The division fence last above mentioned is on a straight line, runnin? froin a brown stone marked K, in the Easterly side of the Eastern Post Road, so called, Easterly through the aforesaid brown stone marked H to the shore of the East River, where the rock bounding the same is marked with the letter L cut in said rock, and intersects the Westerly side of Second Avenue Fifty-eight feet and seven-tenth parts of a foot Northerly from a marble monument marked 2-49, placed at the intersection of the Westerly side of the Second Avenue by the Northerly side of Forty-ninth street, and also intersects the Westerly side of First Avenue Forty-eight feet and five-tenth parts of a foot Southerly from a marble monument marked 1-49, placed at the intersection of the Westerly side of the First Avenue by the Northerly side of Forty-ninth Street.) Sets apart to Gerard Beekman lot 3 on said map, which is described as follows : " All that certain piece or parcel of land, situate in tlie Ninth Ward of the City of New York, being part of the estate of the late James Beekman, deceased, Beginning at a brown stone marked A, placed at the intersection of the Northerly side of Fifty-first Street by the Easterly side of the Eastern Post Road, so called ; which stone is distant seventy- one feet and four-tenth parts of a foot Westerly from a marble 132 THE JAMES BEEKMAN TRACT. monument marked 51-2, placed at the intersection of the West- erly side of the Second Avenue by the Northerly side of Fifty- first Street, and running thence along the Northerly side of said street Easterly to a brown stone marked F, which is distant two hundred and fifty-four feet and five-tenth parts of a foot Westerly from a marble monument marked 51-1, at the inter- section of the Northerly side of Fifty-first Street by the West- erly side of the First Avenue ; thence parallel to the said avenue Southerly through a brown stone marked F to a brown stone marked H in the division fence between the estate of Francis B. Winthrop, and the estate of the said James Beekman, deceased ; thence along the same Westerly to a brown stone marked K in the Easterly side of the Eastern Post Road, so called, and thence along the same Northeasterly to the place of beginning. Con- taining eight acres and seventy-five hundredth parts of an acre. (The division fence above mentioned is on a straight line, run- ning from a brown stone marked K, in the Easterly side of the Easiern Post Road, so called, Easterly through the said brown stone marked H, to the shore of the East River, where the rock bounding the same is marked with the letter L cut in the said rock, and intersects the Westerly side of Second Avenue, Fifty- eight feet and seven-tenth parts of a foot Northerly from a mar- ble monument marked 2-49, placed at the intersection of the Westerly side of Second Avenue by the Northerly side of Forty- ninth Street ; and also intersects the Westerly side of the First Avenue forty-eight feet and five-tenth parts of a foot Southerly from a marble monument marked 1-49, placed at the intersec- tion of the Westerly side of the First Avenue by the Northerly side of Forty-ninth Street, as will more fully appear by reference being had to a map hereunto annexed.) lot number one. 133 Title to Lot Number One. This lot was set apart to James Beekman. Last Will and Testament I Dated 8th Sept., 1835 of I Proved 8th May, 1837. James Beekman. V 76 Wills, 268. ; After bequeathing certain legacies, the testator provides as follows : "As to all the residue of my estate, real and personal, whatsoever or wheresoever, which I may own or be in any man- ner entitled to at the time of my decease, I give, devise and be- queath the same unto my beloved nephew, James William Beek- man, son of m}' late brother, Gerard Beekman. To have and to hold the same and every part thereof, with the appurtenances, unto him, his heirs, executors and administrators and assigns forever." The testator provides for certain remainders over, in case said devisee should die under the age of twenty-one years without leaving any lawful issue. Title to Lot Number Two. This lot was set apart to Samuel Beekman. Last Will and Testament i Dated 27th Dec, 1808. 0/ \ Proved i8th Mar., 18 16. Samuel Beekman. \ 53 Wills, 135. " Item, and as to my Real Estate, whatsoever and whereso- ever situated, I give, devise and bequeath the same unto my be- loved brothers, James Beekman, John Beekman, and the said Gerard Beekman, and unto my beloved sisters, Jane, the wife of Stephen Van Cortlandt; Catherine, the wife of Elisha Boudi- not ; and Mary, the wife of Stephen N. Bayard, to each of my said brothers and sisters, severally and respectively, and to their several and respective heirs and assigns forever, each one equal undivided seventh part or share thereof, to be divided by and I3i THE JAMES BEEKMAN TRACT. between them, share and share alike, as Tenants in common and not as joint tenants. And as to the remaining one equal undivided seventh part or share of my said real estate, I do hereby give, devise and bequeath the same unto my beloved brothers, James Beekman,John Beekman and Gerard Beek- man, and to the survivors and survivor of them, and to the heirs and assigns of such survivor of them forever. In Trust, never- theless, and to and for the following purpose, uses and trusts, and no other whatsoever, to wit : The Rents, Issues and profits of the same and any part thereof, to be applied by the said Trustees, or the survivor of them, to the sole and only use of my beloved sister, Cornelia, the wife of Isaac B. Cox, during her natural life, and from and after her decease, to the sole and only use of her children then living, if any, and of the survivors or survivor of them, and to be paid as aforesaid, to her or them, or to her or their use, at the discretion of the said Trustees, or the survivor of them, from time to time, in such manner as the said Trustees in their discretion shall judge most for the advan- tage of my said Sister, and of her children, for and during the lifetime of her husband, Isaac B. Cox. But if it shall so happen that my said sister, Cornelia, shall survive her said husband, then, and in such case, the said Trustees, the survivors or sur- vivor of them, shall convey all the said one seventh part or share of my said Real Estate hereby devised to them in Trust, as aforesaid, unto her, my said sister, Cornelia, her heirs and assigns forever in fee simple. And if it shall so happen that my said sister, Cornelia, shall depart this life before her said husband, then the said Trustees, the survivors or survivor of them, shall pay the Rents, interest and profits of the said Estate, or as much thereof as shall be necessary, for the support and Education of the child or children she may leave until they respectively attain the age of twenty-one years. And at the time when they shall respectively attain to the age of twenty-one years, I do hereby direct the said Trustees, and the Survivor of them, and the heirs LOT NUMBER TWO. 135 of such survivor, to divide the same equally between the said children, share and share alike, and to execute Deeds accord- ingly. But if only one of the children of my said sister, Cor- nelia, should attain the age of twenty-one years, then such child shall have the whole of his or her mother's share of my said Real Estate. And in case all the children of my said sister, Cornelia (so surviving her as aforesaid), should depart this life before they, or any of them, should attain the age of twenty-one years, and without Issue, then, and in such case, I order and direct that the said Trustees, and the survivor of them, or the heirs of such survivor, shall convey in fee simple the whole of the said one-seventh piut of my said Real Estate, with the interest or proceeds thereof, which may be unexpended in their or his hands to the like uses and purposes, and in the same manner and proportions, and to the same persons that the other six seventh parts of my Real Estate is bequeathed to in this my last will and testament ; and in case the said Trustees shall, in their discretion, at any time think it most for the advantage of my said sister, Cornelia, or of her children, to sell the Real Estate hereby intrusted to them, or any part thereof,! do hereby author- ize and empower the said Trustees, and the survivors and sur- vivor of them, to sell .the same and proper Deeds to execute therefor, and the proceeds thereof to be placed in such funds as the said Trustees, or the survivor of them shall judge safest, and the interest to be applied as aforesaid, and the principal to be divided and paid as before directed. And lastly, I make and ordain my said brothers, James Beekman,John Beekman, and Gerard Beekman, to be executors of this my last will and testa- ment, hereby utterly disallowing and revoking all former wills by me made ; and giving to my said Executors, and to the sur- vivors and survivor of them, full and ample power to dispose of all or any part of my said real Estate, whatsoever and whereso- ever situated, either at public or private sale, in such manner and at such times as they may think proper, with full power to 13(3 THE JAMES BEEKMAN TRACT. execute good and sufficient conveyances in the Law to the pur- chasers thereof, their heirs and assigns forever." DEED. i James Beekman and I Dated 3d April, 1818. LVDIA. /ns zvi/e', ( Ack. 7th April, 1818. to Rec. 1st May, 181 8. Gerard Beekman. \ 126 Conveyances, 477- Consideration, $1 ,428.50 Conveys one equal undivided seventh part or share (the whole into seven equal parts or shares to be divided) of all that certain piece or parcel of land situate in the Ninth Ward of the City of New York, now belonging to and held in common by and among all the surviving heirs of their late brother, Samuel Beekman, deceased (being his equal third part of the Farm or Homestead of their late father, James Beekman, deceased), according to the metes and bounds thereof, as settled and established by and between the said Samuel and the parties to these presents, as will appear in and by a certain Deed Tri- partite, made and executed by and between the said Samuel and the parties to these presents on the fifteenth day of Novem- ber, in the year one thousand eight hundred and fifteen, refer- ence being thereunto had. Containing seven acres and one-fifth part of an acre of land, whereof one equal undivided seventh part or share is hereby intended to be sold and conveyed. Mary N. Bayard, having survived her husband, Stephen N. Bayard, died, in 1831, intestate and without issue, leaving, as her only heirs-at-law, her brothers, James Beekman, Gerard Beekman and John Beekman, and her sisters, Jane Van Cort- landt, C'atharine Boudinot and Cornelia Cox. Last Will and Testament j Dated 6th Mar., 1832. 0/ \ Proved 21st Aug., 1833. Gerard Beekman. \ 7o Wills, 422. LOT NUMBER TWO. 137 The testator directs payments of certain legacies and an annu- ity of $1,500 to his wife, and devises to her the use and occupa- tion of his house and stables, and the lots of ground on which they are erected, one fronting on Bleecker Street and the other on Greene Street in the city of New York, during her widow- hood, all which he declares to be given in lieu of and in full bar of her dower. He authorizes his executors, in case his personal estate, and the rent% and profits of his real estate prove insuffi- cient, to sell and convey his real estate to raise an amount ade- quate for that purpose. He expressly charges his estate, real and personal, with the payment of the said annuity to his wife, but provides that such lien shall cease as to such parcels as may be conveyed by his executors, in pursuance of the power vested in them by his will. All and singular, the rest, residue and remainder of his estate, real and personal, whatsoever and wheresoever the same may be, he gives, devises and bequeaths to his beloved son James William, his heirs, executors and ad- ministrators and assigns forever. The testator then provides that in the event of his having other children born of his wife Catharine, that they shall share equall) with his son James Wil- liam in the said residuary part of his estate. In case his said child or children should be under the age of twenty-one years at the time of his decease he vests said residuary estate in his exe- cutors, with full power to sell and convey the same, and to par- tition the same amongst his said children, and to transfer her or his share to each when they respectively arrive at full age, directing them not, however, to deliver the actual possession of the share or estate to either of his children before he or she attains to lawful age. Testator provides for certain remainders over, in case all his children die under age, without lawful issue. He appoints Geo. W. Strong, David Codwise, John L. Mason, James C. Roosevelt and Isaac Adriance his executors, giving to his said Executors full power to sell and convey all or any part of his estate, real and personal, at their discretion. 138 THE JAMES BEEKMAN TRACT. It is stated in the bill in the following suit, that at that time Catharine Boudinot and Jane Van Cortlandt were both ad- vanced in years, and were both childless, never having had issue ; and that Cornelia Cox had two children, Abraham B. Cox and Catharine M. Cox, both then of full age. IN CHANCERY. Before Chancellor. James Beekman and ]o\m Beekman, as trustees, etc., and in their own right, vs. Stephen Van Cortlandt, Jane Van Cortlandt, Catharine Boudinot, f Cornelia Cox, Catharine M.Cox, James W. Beekman and Abraham B. Cox. 1S36 — December 31. Bill of partition filed. 1837 — February 15. Answer of all defendants filed. February 15. Order of reference on title, etc. Mav 33. Decree of partition entered. 1S3S — May 15. Commissioners' report on partition filed. All large lot number 2, which comprised lots I to 115 on a map attached to their report, was set apart to James W. Beek- man. September 3. Final decree entered. 1839 — June I. Decree enrolled. Pending the above suit, James Beekman died, leaving a will set forth at large on next page, in the title to lot number three. LOT NUMBER THREE. 139 This lot was set apart to Gerard Beekman. DEED. Gerard Beekman and Catharine, his zvife, ■ to James Beekman. Conveys said lot number 3. Last Will and Testament of James Beekman. Dated 2d April, 1818. Ack. 17th April, 1818. Rec. nth May, 181 8. 127 Conveyances, 458. Consideration, $10,000. Dated 8tli Sept., 1835. Proved 8th May, 1837. 76 Wills, 268. After bequeathing certain legacies the testator provides as fol- lows : '• As to all the residue of my estate, real and personal, what- soever or wheresoever, which I may own or be in any manner entitled unto at the time of my decease, I give, devise and be- queath the same unto my beloved nephew, James William Beek- man son of my late brother, Gerard Beekman To have and to hold the same and every part thereof, with the appurtenances, unto him, his heirs, executors and administrators and assigns for- ever." The testator provides for certain remainders over in case said devisee should die under the age of twenty-one years, without leaving lawful issue. Thus James W. Beekman became seised of the whole of the farm in question, comprising large lots i, 2 and 3. This tract he divided into city lots and caused a map thereof to be filed in New York Register's office in case number 3ii. c/a {)r^ m^ la^ma ^^e^^^nan ^iae/. c/T^* o/e^ €m me /a^me^^ ^^eeA'^m-an tJiae^. ^ ^^9k-Vt Sr K £ E T \ ■^o "" ^ If % ^ 1 J, ! 1 J > N V'/O •"i ■v "^ r" 30 ^ ,i; S^ « i? 29 ^ ^-~-~— ^sii^y 3 2S • mI^p^^ 27 ■ HF ^~~* r? \x ^ .^.. ^„" ?^ 26 ■ c/^c bjtctit c^.^^ctt/wiine Jlt/i/ngsfori, ate •-— ILZJ ^, ^ 25 ^ attached (h lid '2 ht. iV /te'Jerri-cfaccii in oua'- Cf t'5 Xoi^o/iQj/cn.. 1^ a >.-- i-\ -I -I- 1 \h; •'< THE CATHARINE LIVINGSTON TRACT. This tract is included in the following patent: PATENT. Dated 9th Oct., 1677. Recorded in Secretary of State's Office at io i Albany. David Duffore. N 4 Patents, 127. Sir Edmund Andros Governor, etc.. " Whereas there is a certayne piece of land upon this Island Manhatans, ye which, by vertue of my warrant, hath been layd out for David Duftbre being in breadth by ye water side eighty rodd, being bounded to ye Northeast by ye land of John Dan- ielson, Ranging Northeast into ye commons and to ye Southwest by ye land of Gabriell Curtesee, containing in all sixty acres, as by ye return of ye survey may and doth appear." Conveys said premises to the patentee, reserving a quit rent " of one bushell of good winter wheat, to be paid at New York." 142 THE CATHARINE LIVINGSTON TRACT. David Deffore and Jane, his wife, to David Deffore, Jun. DEED. Dated 7th May, 1760, Not Recorded. J Conveys all that certain Track or Parcell of Lands, scituate, Lying and Being in the out Ward of the City of New York, Butted and Bounded as follows : Lying by the Coale Hill, being in breadth by the Water side Eighty Rod, Bounded to the Northeast By the land formerly of John Dannielson But now in the Possession of John Provoost, Ranging Northwest into the Woods one Hundred and Twenty Rods, Bounded Northwest by the Commons and to the Southwest by the Land formerly of Gabriell Curtosee, but now or late in the Possession of An- dries Anderson. Containing in all Sixty Acres. MORTGAGE. David Deffore, Jun., mid Mary, his wife, to David Deffore. To Secure ^^24. Dated 7th May, 1760. Proved 22d June, 1764. Reg. 22d June, 1764. I Mortgages, 431. Covers same premises by same description. David Deffore to Cornelius Clopper. DEED. / Not recorded but recited ^ indescription'inmort- y gage recorded in 2 ) Mortgages, 408. Conveys the tract in question, THE CATHARINE LIVINGSTON TRACT. 143 Last Will and Testament I Dated 20th Aug., 1796. of > Proved i8th May, 1797. Cornelius Clopper. \ 42 Wills, 198. Provides, after giving certain legacies, &c., that, in case his daughter Catherine Turnbull shall become a widow, then all his real estate, not therein before disposed of, shall go to her, her heirs and assigns forever ; but in case she die before her husband, that his Executors shall sell his said real estate, and divide the residue of his estate between Catharine Van Alen and Cornelius Clopper Van Alen, in the proportion of two thirds to Catharine Van Alen and one third to Cornelius Clopper Van Alen. By codicil, dated i6 January, 1797, testator provides as fol- lows : " I give and bequeath to him, my said nephew, Cornelius C. Van Alen, to him, his Heirs and Assigns, my farm or Country seat at Turtle Bay, on the Island and in the State of New York, situate next adjoining the farm or Country seat of Jeames Beek- man. Esquire, with all and singular the hereditaments and ap- purtenances thereto belonging, and I do hereby annul and make void anything in my will to the contrary of these ray intentions." DEED. Cornelius C. Van Alen Dated 31st July, 1798 Ack. 29th Aug., 1798. ^^ > Rec. 2 1 St Feb., 1800. Jacob Wilkins, Jr. \ 57 Conveyances, 436. Consideration, $7,250. Conveys all that certain messuage, lot, piece or parcel of land, ituate, lying and being in the Seventh Ward of the City of New l^ork, fronting the East River, being the farm formerly belong- ing to Cornelius Clopper, deceased, which said messuage and lot, piece or parcel of land, hereby granted and released, or intended to be hereby granted and released, is bounded 144 THE CATHARINE LIVINGSTON TRACT. as follows, vizt : " beginning at high waters mark on the East River and running from thence up along the land of James Beekman North Forty-five degrees, West Twenty chains and fifty-eight links to a stake on the highway ; thence along the said highway North Eighty-nine degrees. East four chains and fifty-seven links ; thence North Sixtj'-one degrees and thirty min- utes, East two chains and sixty-one links to a stake on the bounds of Martin Hoffman's land ; thence along the land of the said Martin Hoffman, including the lane leading to' the premises hereby granted. South forty-five degrees, East sixteen chains and sixty links to high waters mark in the East River ; thence along high water mark on the said East River to the first station or place of beginning. Containing eleven acres of land, be the same more or less. The distances given in this survey are not long enough to reach the recent Eastern Post Road by about lOO feet. DEED. ~~ \ Dated 23d Dec, 1799. Jacob Wilkins, Jr., and j Ack. 26th Dec, 1799. Abby, his wife, I Rec. 24th Oct., 1827. to [ 227 Conveyances, 47. Edmund Seaman. \ Consideration, ;^5,ooo. f Conveys same premises by the same description. Last Will and Testament i Dated 15th April, 1823. 0/ \ Proved 2d Oct., 1826. Edmund Seaman. i 60 Wills, 496. " I Give, devise and bequeath to my son Robert Seaman, and to his heirs and assigns forever, in fee simple, all that certain piecejof land situate, lying and being at Turtle Bay, in the Ninth Ward of the said City of New York, with the messuage and ap- THE CATHARINE IJVINGSTON TRACT. 14:5 purtenances thereunto appertaining, which formerly belonged to Cornelius Clopper, as the same is now held and occupied by me, containing Ten acres, be the same more or less." Robert Seaman, the above named devisee, died intestate in April, 1835, leaving him surviving his sister Catherine Living- ston, his only heir at law. The said Catherine Livingston, widow, died on 19th Septem- ber, 1859, intestate, leaving the following heirs at law : Nicholas G. Kortright, Jasper H. Livingston, Henry B. Livingston, Eliza, wife of Nicholas Cruger, Catherine L., wife of Maurice Power, and John L. Kortright, children of Catherine Livingston ; Mary C, wife of Alfred F. de Luze, John F. Kortright, and Sarah A. Kortright, children of Edmund Kortright, a deceased son of Catherine Livingston, Katharine S., wife of Henry J. Seaman, Henry J. Seaman, Jr., and Hester Mary, wife of Robert T. Howard, children of Hester Mary Seaman, a deceased « daughter of Catherine Livingston. On the loth November, 1859, John L. Kortright, one of the children of Catherine Livingston, died intestate, leaving him surviving Freelove Kortright his widow, and the following heirs-at-law : Charlotte, wife of Oliver Powell, Susan, wife of Solomon Brush, 146 THE CATHARINE LIVINGSTON TRACT. Juliet, wife of Frederick W. Renwick, his children, and Nicholas Kortright, John Kortright, and Robert Kortright, children of Henry Kortright, a deceased son of John L. Kortright. SUPREME COURT. City and County of New York. Nicholas G. Kortright and Sarah J., his wife, Plaintiffs, vs. Jasper H. Livingston and Matilda, his wife, Henry B. Livingston and VaLENTINA, his wife, NICHOLAS Cruger and Eliza, his ivife, MAUR- ICE Power and Catharine L., his wz/>, Alfred F.de Luze and Mary C, his ivife, John F. Kortright, Sarah A. Kortright, Henry J. Seaman ajid Katharine S., his wife, Henry J. Seaman, Jr., Robert T. Howard ««^, Hester Mary, his wife, Oliver Powell and Char- lotte, his wife, SOLOMON Brush and Susan, his wife, FREDERICK W. Renwick ajid Juliet, his wife, Freelove Kortright, Nicholas Kortright, John Kortright and Robert Kortright, Defejidants. THE CATHARINE I>IViNGS'l'ON TRACT. 11' 1S59 — November 4, November 10. November 1 1 , December 13. December 14. December 31. December 31 1 S60 — January [anuarv January 5, January 5. March 10 Complaint in partition filed. Nicholas Cruger and Eliza, his wife, Al- fred F. de Luze and Mary C, his wife, John F. Kortright and Sarah A. Kort- right appear by Richard E. Mount, Jr. Jasper H. Livingston and Matilda, his wife, Henry B. Livingston and Valen- tina, his wife, Maurice Power and Catharine L., his wife, appear by Wil- liam H. Jansen. Order continuing the action against the heirs at law of John L. Kortright. Amended complaint filed. Affidavit of service of summons on Nich- olas Kortright, John Kortright and Robert Kortright, infants, and on their mother, Mary Kortright. Richard E. Mount, Jr., appointed guardian ad litem of Nicholas Kortright, John Kortright and Robert Kortright. Oliver Powell and Charlotte, his wife, Solomon Brush and Susan, his wife, Frederick W. Renwick and Juliet, his wife, and Freelove Kortright appear by Richard E. Mount, Jr. Answer of Henry J. Seaman and Kathar- ine S., his wife, Henry J. Seaman, Jr., Robert T. Howard and Hester Mary, his wife, filed ; James W. White, at- torney. Answer of infant defendants filed. Order of reference to Dayton Hobart, on title, &c. Report on title filed. 148 THE CATHARINE LIVINGSTON TRACT. March lo. Judgment of sale entered. May 2 2. Referee's report of sale filed and con- firmed. May 22. Ordered, on consent of all solicitors and of guardian ad litem^ that the amended summons (the order of 13th December not containing a direction that the sum- mons be amended) " be issued and filed nunc pro tunc as of the 15 De- cember, 1859, ^^*^ ^^ same force and effect as if the same had been issued and filed on that day by virtue of an order of this Court." 1 86 1 — February 20. Order entered amending complaint, re- port of referee and judgment by sub- stituting the word " North " for " South" in one of the courses in the description of the tract in question. 1865 — February 24. Summons and supplemental complaint filed, averring that lots 31 and 22K on page 10, lYz on page 14, i, 2, 3, 4, 5, 9, 10, II, 12, 14, 15, 16, 17, 18, 19, 20, 21 and 22 on page 15, were not taken by the several purchasers who bid the same off at the sale, but were, by agree- ment between the several parties to this action, held on joint account and for the common benefit of all ; that the small gore on the West side of Second Avenue was not sold, that Sarah A. Kortright married John Makin on 8 April, 1864 ; that Henry J. Seaman died in year 1861 or 1862, and that Susan Brush died on i May, 1861, in- THE CATHARINE LIVINGSTON TRACT. 149 testate, leaving her surviving her hus- band, Solomon Brush, and four chil- dren, viz. : Sarah Emma Powell, John K. Powell, Charlotte Brush and Charles Brush. February 24. Jasper H. Livingston and wife, Henry B. Livingston and wife, and Maurice Power and wife appear by William H. Jansen. May 4. Nicholas Cruger and wife, Alfred F. D. Luze and wife, John F. Kortright and wife, John Makin and Sarah A., his wife, Katharine S. Seaman, Henry J. Seaman, Jr., Robert T. Howard and wife, Oliver Powell and wife, Fred- erick W. Renwick and wife and Freelove Kortright appear by Rich- ard E. Mount, Jr. May iS. Order entered, appointing Richard E. Mount, Jr., guardian ad litem of Sarah Emma Powell, John K. Powell, Char- lotte Brush and Charles Brush. September i. Order of reference to Dayton Hobart on title, facts, necessity of sale, &c. September 2. Answer of infant defendants tiled. 1 866 — January 4. Referee's report filed. January 4. Judgment of sale entered. April 3. Report of sale filed. 1867 — March 15. Order directing a conveyance of the gore on the West side of Second Avenue to James W. Beekman on payment of $100. 150 THE CATHARINE LIVINGSTON TRACT The following table shows the names of the purchasers of the respective lots, as given in the Referee reports of sale, and the liber and page of the conveyance to them : Lot Numbers. 24, 25, 26, 27, 28 and 29. 31 and 22^^ 32 and 22j^ to 38 and 15H 39, 40, 41, 42, 43. 44, 45, 46, 47, 4,4K, S 6, 7, 8, 9, )o, 39 V^- 1^,16, 17, 38J^, 37M, 36J4, 18, 35^, 19,34''^, 20, 33VB 21, 32V4 - 22, 31J4 23, 24, 25, 26, 27, 40, 41. 42, 43, 44- 30'/. 29. 5,C, 7 8, q, 10, II — 12, 13, '4, 15- 16, 17, 18, 19- 20, 21 22, 23, 24, 25, 26, 27, 28, 2; 30, 3' 38,39 40,41,42,43 44, 45,46,47 1% 2, 3, 4, 50, 49, 48- t6, 17, iH ■ ii2,3,4 ■ 5, 18, 19,20, 21 9, 10, II, 12, 14 31, 22j^. Isaac Geery James Curley Benjamin T. Sealy. lohn H. Power William Ryer John F. Bahmfalk.... WilliamRyer William H. Beekman Anson Livingston William Ryer Thomas F. Jeremiah I ' Anson Livingston ; assigned to i )" I John H. Power I John M. Harlow Anson Livingston ' Terence Farley I WilliamRyer Isaac E. Valentine. . James W. Beekman. Same - Record of Deed. 812 Cons. 431 810 Cons. 323 Not taken. 811 Cons. 561 808 Cons. 665 814 Cons. 227 808 Cons. 665 824 Cons. 579 85s Cons. 64 80S Cons. 665 815 Cons. 205 829 Cons. 106 821 Cons. 173 829 Cons 106 814 Ccns. 317 808 Cons. 665 901 Cons. 276 824 Cons. 579 Same. Charles E. Appleby 816 Cons. 675 Henry J. Seaman, Jr 828 Cons. 317 Maurice C. Hull 822 Cons. 58 E. R. Bogardus I 819 Cons. 239 Nicholas G. Kortright 818 Cons. 406 John H. Power.. Nicholas_ G. Kortright. Anson Livingston Jesse T. Fish G. Palmer M. C. Hull Patrick Treacey Anson Livingston Richard E. Mount, Jr Roger Sullivan. Benjamin T. Sealey Richard E. Mount, Jr Alfred P. Arnold. Nicholas G. Kortright Harrison Browne, Leander Stone Henry J. Seaman, Tr... Nicholas G. Kortright. Richard E. Mount, Jr.. Catharine Payne Nicholas G. Kortright . 811 Cons. 561 818 Cons. 406 855 Cons. =4 799 Cons. 637 812 Cons. 303 822 Cons. 58 814 Cons. 315 85s Cons. 64 Not taken. 821 Cons. 174 Not taken. Not taken. 799 Cons. 617 Not taken. 818 Cons. 212 Not taken. Not taken. Not taken. Not taken Henry J. Seaman, Jr ( Not taken. Richard E. Mount, Jr ! Not taken. Isaac E. Valentine j ioo6Cons.249 Same ioo6Cons.249 William A. Juch 968 Ccns. 523 Michael Mahony 959 Cons. 575 Terence Farley 1 968 Cons. 429 Joseph McGuire j 968 Cons. 431 yirc/e^ {^n me ^a/mime ^{'i^ma^/em. rJiac/. J^/^i/ 6^^ //^e ^ameicne ^€m'??a4/^m tJiaci^. % i a. u « [ <"^^> .\^ ^J. 'A r-) •b"i HE GEORGE YOULE TRACT. This tract is also included in the Patent to David Dutibre, set forth at large in Abstract of the Catharine Livingston Tract, and was conveyed by a descendant of the patentee to David Deflbre. Jun., who gave a mortgage back, which is recorded in Liber i Mortgages, 431, and which is still open of record. MORTGAGE. ; To Securk /"300. David Devore / Dated 4th May, 1770. to ^ Ack. 4th May, 1770. John Brovoort. \ Reg. 4th May, 1770, 2 Mortgages, 4c 8. Covers all that certain Messuage and Tenement and piece and parcel of Land, whereon John Brovooi't now lives, situate, lying and being in the outward of the City of New Ycnk, bounded Southeasterly by the East River, Northeasterly by the Land that the said David Devore lately sold to Timothy Hurst, Northwesterly by the Highway or Post Road that leads to Kingsbridge, and Southwesterly by Land formerly sold by the said David Devore to Mr. Cornelius Clopper. Containing about ten or eleven Acres, be the same more or less, within the Bounds aforesaid. ^""-^--^.4::'"' I c:Jht Sjtatt of' OccticfC ^JetoCo, c/ec< F/FTY SfCOA/ O 5 TR E CT. 152 THE (iEORGE YOULE TRACT, Last Will unci Testament I Dated 30th May, 1780. of \ Proved I2th June, 1780. David Devore. V 32 Wills, 260. After certain legacies and a bequest of an annuity of;i(j"25 to his wife Maritie, in lieu of dower, he provides as follows: " 1 leave, devise and bequeath all the rest, residue and remainder of my real and personal estate, of what kinder nature soever and wheresoever, that I shall be seised, possessed of or entitled unto at the time of my decease, unto my said daughter Ann Devore, to hold the same, to her, her heirs, executors, adminis- trators and assigns forever." He provides for certain remain- ders over in case said Ann Devore should die, before she attains the age of iS years, unmarried and without issue. On 39 May, 1788, Ann Devore, the above-named devisee, intermarried with Abraham Brevoort, She, having survived her first husband, afterwards, in 1795, intermarried with Jacob Odell. DEED. ~ \ Dated i8th Sept., 1795 Jacob Odell af7cl j Ack. 19th Dec, 1795. Anne, his wife, ! Rec. 4th Nov., 1796. to f 55 Conveyances, 1 15. Maritn Hoffman. \ Consideration, ^2,675. Conveys all that certain piece or parcel of land in the out- ward of the City of New York, on the road to Kingsbridge, between the 4 and 5 mile-stones, and which formerly was the property of David Devore, deceased, bounded as follows: Northeasterly by the land of Thomas Buchannan, Southeasterly by the waters of the East River, Southwesterly by the land of THE GEORfJE YOULE TRACT. 153 Cornelius Clopper, and Northwesterly by the said Kingsbridge Road. Containing fourteen acres of land, more or less. Reserving for the land on the Northwest side of said higli road, belonging to said Jacob Odell and Anne Odell, for their joint lives and the life of the survivor of them, and for the life of Henry Brevoort, the privilege of the use of the landing on the hereby granted premises, with the necessary ingress, egress and regress, and subject also to the claim of Cornelius Clopper to the right of using said landing, if any claim he has. MORTGAGE. To Secure $30,000. Martin Hoffman and J Dated 7th Jan., 1808. Mary, his wife, / Ack. nth Jan., 1808. Rec. nth Jan., 1808. 79 Conveyances, 128. Robert Lenox, Joshua Wad-/ R^g^ j^^h Feb., i8n. 25 Mortgages, 481. to DINGTON and Wieliam Og- DEN. Covers, with other property, the farm in question. MORTGAGE. \ To Secure $8,000. Same J Dated 15th Jan., 18 n, to f Ack. 23d Jan., i8n. The United Insurance ComJ ^^g. 24th Jan., 1811. PANY. \ 25 Mortgages, 401. Covers farm in question. This mortgage was discharged of record on 6 May, 181 1. 154 THE GEORGE YOULE TRACT. DEED. Dated 29th Mar., 181 1. S^ME / Ack. 29th March, 181 1. Rec. 1st April, 181 1. to > f- 92 Conveyances, 15. Richard D. Ardkn. \ Consideration, $18,000. Conveys farm in question by same description and with same reservation, subject to last above mortgage. - RELEASE. Robert Lenox, Joshua Wad- J DINGTON and William Og-/ Dated 30th Mar., 1811. [ Ack. 30th March, 18 11. tQ f Rec. 1st April, 1811. y 92 Conveyances, 17. Richard D. Ardex. ) Consideration, $1.00. Releases farm from lien of first above mortgage. DEED OF TRUST. Richard D. Arden j Dated 31st Oct., 18 17. Ack. 3d Nov., 18 17. to Rec. 28th Nov., 1817. Frederick Babcock. \ 123 Conveyances, 451. Consideration, $5,000. Conveys, with other property, same tract by the same de- scription. Habendum upon the express trust and confidence to convey, assure, order and dispose of the same to such person or persons, and to and for such uses, intents and purposes and in such manner as Jane Arden, wife of Richard D. Arden, not- withstanding her coverture, and as if she were a femeso/e, should THS TxEORGE YOllLfi TRACT. 155 by any act or acts, deed or deeds, in writing purporting to be so, direct, limit and appoint, and in default of such limitation, appointment or direction, then upon trust for the heirs of the said Jane Arden ; and upon the further trust to allow the said Jane Arden to receive the rents and profits in all respects as if she were -a feme sole. J AXE Arden APPOINTMENT. to Dated 31st Dec, 1817. Ack. 2d Jan., 18 18. Frederick Babcock. \ Rec. 2d Jan., 1818. 125 Conveyances, 64. Recites preceding deed, and directs that said Frederick Babcock, by good and sufficient deed in the law, re-convey to Richard D. Arden, his heirs and assigns, the premises described in the preceding deed. DEED. Frederick Babcock / Dated 2d Jan., 18 18. Ack. 2d Jan., 1818. to Rec. 2d Jan., 1818. Richard D. Arden. \ 125 Conveyances, 72. Consideration, $5.00. Recites above-mentioned deed of trust, and the appointment made thereunder to said Richard D. Arden, and conveys same tract by same description. See the acknowledgment of the above deed. DEED. Richard D. Arden and i Dated 2d Jan., 1818. Jane, his wife, ! Ack. 2d Jan., 181 8. to f Rec. 2d Jan., 181 8. Thomas Ellison. \ 125 Conveyances, 69. / Consideration, $25,000. 15G THE GKORGE VOULE TRACT. Conveys same tract by same description. Thomas Ellison, the above-named grantee, died on 3 August, 1820, intestate, leaving him surviving his widow (since de- ceased) and nine children, his only heirs-at-law — 1. Mary Jane, wife of Thomas I. Delancey. 2. Eliza Ann Ellison. 3. John Ellison. 4. Henrietta Ellison. V Caroline Matilda Ellison. 6. Emily Ellison. 7. William Ellison. 8. Thomas Ellison. 9. Charlotte Amelia Ellison. All the above-named children, with the exception of Mrs. Mary Jane Delancey, were infants. DEED. Thomas I. Delancey and j Dated 12th Mar., 1821. Mary Jane, /lis wife, I Ack. 13th Mar., 1821. to } Rec. 7th April, 1821. EZBON Slosson. \ 150 Conveyances, 175. / Consideration, $25,000. Conveys all and singular the real estate, lands, tenements, hereditaments and premises, of every kind and description whatsoever, and wheresoever the same may be situated, lying and being, which, upon the death of Thomas Ellison, late of New Windsor, of the County of Orange and State aforesaid, gentleman, now deceased (the father of the said Mary Jane Delancey), descended to and became vested in the said Mary Jane Delancey, as one of the children and heirs-at-law of the said Thomas Ellison, deceased. THE GEORGE YOULE TRACT. 157 DEED. EZHOX SlossON / Dated 13th Mar., 1821, Ack. 13th Mar., 1821. to Rec. 7th April, 1821. Thomas I. Delanckv. ^ 150 Conveyances, 177. Consideration, $25,000. Conveys same premises by same description. Thomas Ellison, on i^^ June, 1819. entered into an agreement to sell and convey the tract in question to George Youle, as soon as the title to the same was free from the lien of a judg- ment recovered by Daniel Sullivan and Isaac F. Roe against Richard D. Arden. This judgment w^as afterwards satisfied of record and a release given, which was recorded in Liber 153 Conveyances, page 461. There was also another judgment re- covered against Richard D. Arden by Thomas Arden, from which also the premises were released by release recorded in Liber 153 Conveyances, page 408. On 7th March, 1821, the above-named Thomas L Delancey was appointed guardian of the infant children of said Thomas Ellison, by order of the Court of Chancery. A petition was presented to the Chancellor, on the part of the said infants, by the said Delancey, praying a specific performance of the agree- ment of sale entered into by their father, Thomas Ellison; and on 33 April, 1821, an order was entered upon said petition and the report of John Towt, Esq., Master in Chancery, directing that the said infants execute, by their guardian, a good and suf- ficient deed of said premises, under the direction of one of the masters of that court, for the consideration of $17,000. On the 25 June, 1821, the above order was amended so as to direct a conveyance of eight-ninths only of said farm (that being the proportion vested in said infants) for the consideration of $15,111.12, which was eight-ninths of the purchase money to be paid for the wliole farm. 158 THE GEORGE YOUEE TRACT. Eeiza Ann Ellison, John El iJSON, Henrietta Ellison, Caroline Matilda Ellison, Emily Ellison, William, Ellison, Thomas Ellison | and Charlotte Amelia El- lison, children and lieirs-at- latv of Thomas Ellison, by Thomas I. Delancey, their guardian, to DEED. Dated 14th July, 1821. Ack. 16th July, 1 82 1. Rec. 26th July, 1821. 153 Conveyances, 454. Considerat'n,$i5,i 1 1.12 I Ge()Rc;i-; Youle. Recites the orders of the court of chancery above set forth, and conveys all that the full, equal and undivided eight ninth parts (the whole into nine equal parts to be divided) of said farm in question by same description as preceding deed to Thomas Ellison. Endorsed on the above deed and recorded therewith is a certificate of John Towt, Esq., Master in Chancery, certifying that he approves of the form and execution of the said deed, which certificate is dated 14 July, 1831. DEED. Thomas I. Delancev a)id Mar\ Jane, Jiis ivife, to George Youle. Dated 14th July, 183 1. Ack. 1 6th July, 1831. Rec. 26th July, 1831. 153 Conveyances, 449. Consideration, $1,888.88 Conveys all that one full, equal and undivided ninth part (the whole into nine equal parts to be divided) of and in the fiirm in question by same description. THE GEORGE YOULE TRACT. 159 George Youle dietl intestate on 20 September, 1S2S, leaving him surviving as his only heirs-at-law : 1. Mary, then wife of Samuel F. Halsey. 2. Augusta A. Youle. 3. Euretta, afterwards wife of Samuel F. Halsey. 4. Eleanor, afterwards \y\k of Augustus Van Amringe, and V Josephine Youle, liis children, and 6. George Youle, Jr., his grandson by a deceased son. Mary Halsey, one of said children, died on 19 January, 1S30, intestate, leaving her surviving Samuel F. Halsey, her husband, and the following children : 1. Josephine Halsey. 2. Mary Halsey. 3. Samuel Halsey. Josephine Youle, another of said children ot George Youle, died intestate and unmarried. Samuel F. Halsey and Euretta Youle ^ Makkiage Contract wif/i f Dated 21st Feb., 1831. WiLLLV.M SiLLLMAN, Agrees that the said Euretta shall hold her real and personal estate free from control of her intended husband, Samuel F. Halsey, as her separate property, and shall receive personally the rents and profits thereof. Augustus Van Amringe a/id Eleanor Youle ( Marrlvge Contract, tevV/^ [' Dated 27th Mar., 1830. WiLLLV.M SiLLIALVX. 1(^0 THE GEORCiE YOULE TRACT. Agueks that the said Eleanor shall hold her real and per- sonal estate as her sole and separate property, free from the control of her intended husband, Augustus Van Amringe, and for such uses as she may appoint by will, with full power of substituting a new trustee in the place of William Silliman. On 9th December, 1831, William F. Van Amringe was sub- stituted as trustee in the place of William Silliman, by instru- ment executed by Eleanor Van Amringe, attested by three wit- nesses, and duly acknowledged. IN CHANCERY. Before Vice-Chancellor. William F. Van Amringe, Augus-\ Tus Van Amringe and Eleanor, Ids ivife, agst. Augusta A. Youle, Samuel F. Hal-^ SEY and Euretta, his wife, George/' Youle, Jr., Mary Halsey, SamuelI Halsey, The Eagle Fire Com-\ PANY, of New York, and William | Silliman. I iS-54 — February 7. Bill of partition filed. February 18. Order that Charles Graham, Jr., be ap- pointed guardian ad litem of Mary Halsey and Samuel F. Halsey, Jr. February 12. The Eagle Fire Company served with subpa'ua. February 14. Augusta A. Youle served with subpoena. March 14. Order that Silvanus Miller be appointed guardian ad litem of George Youle, Jr., an infant under 14, on petition of Silvanus Miller, his grandfather. I THE GEORCE YOUT,E TRACT. 161 1 834 — March 26. April 14. April April 24. 24- June 1 8. June -^5- October 31- 1835 — January 12 January 12 March 25 May 4 Decembei 1 1. Bond of $1,000 filed. Answer of Mary Halsey and Samuel F. Halsey, infants, filed. Answer of Samuel F. Halsey and Euretta, his wife, filed. Order pro confesso against Augusta A. Youle, on default of appearance, and against the Eagle Fire Company, on - consent of John Boyd, their solicitor. Answer of William Silliman filed. Order of reference to Samuel Cowdrey on title, etc. Referee's report on title filed. Master's report on liens filed. Decree of sale entered. Report of sale filed. Decree enrolled. Report of distribution filed. The following is a list of the purchasers at the sale, as given in the report of sale, with the record of the Master's deed to them : Parcel. Lot Numbers. Purchaser. Record of Deed. 1 to 4 5,6 7 to 10 II to 14 15 to 18 19 to 22 23 to 26 27 to 30 31 to 33 34 to 41 42 to 45 46 to 49 50.51 52, 53 54 to 56 332 Cons. 469 334 Cons. 53 334 Cons. 55 335 Cons. 80 335 Cons. 81 328 Cons. 605 32iJ Cons. 607 334 Cons. 47 328 Cons. 598 Peter P. Lyon and Eliakim L. BoUes... ^ * Simeon Baldwin Same. 6 Orlando Harriman Same 8 Henry U. Slipper .^-and-ii.-; Samuel B. Ruggles Euretta Halsey 334 Cons. 79 370 Cons. 397 328 Cons. 600 334 Cons. 49 338 Cons. 50 •3 Timothy B. Redmond Samuel B Ruggles 16": Isaac M. WooUey . . oS ■SU03 8^^ 6t -suo^ tee 009 -suo^ 8^£ LbZ -suo^ oli. 6z -suoQ vee 86S -suo^ ^zZ iv -suo^ tee Loa -suo^ !)ie S09 -suo^ 8^^ 18 -suoQ see 08 -suoo see S£ -suontee e? -suoQi-ee egt -suo^ zee •aaaQ S3]33n^ -g pnuiES -puouipa^ -g Xqiomix XssiEH Bjjsjng -S3|3Sn-j£ -g pnuiBg " 3UIES -•UEUIUJEJJ OpUB(JO auiEg uiMpiEg uoauiig ■ aui^S -s3i[og -q uiiJiBiia puB uoXq -j J3i3e qa.iBj/^^ X^jbuukI /amiucf — SSg^ -laqopo aunf aun| ll-idy judy yj/lp^e^ en me ^eoiae U6>ec/e ^iac/. Vi>%i V\^Vi\^\ j^ \\ \> ■1 L ^V T^ ^ i- »l\1\ 1 (i ^OCV ?? ? . ...^ ■'-' Ji 1, »i\ •; 1 ftiv .. f i.v» ; ,>>■'■"' ^ > ,.va»' ■r': \/\ ^ V -^ i - N A ^ \ A n' "^-iv-. iSS\iO>-v^-5^y>, THI: THOMAS BUCHANAN TRACT. This is included in the followins^ patent : PATENT. Sir Edmund Andros, j Dated 9th Oct., 1677. Governor, etc., f Recorded in Secretary to f of State's Office at David Duffore. \ Albany. I Patents, 127. •• Whereas there is a certayne piece of land upon this Island Manhattans, ye which, by vertue of my warrant, hath been layd out for David Duftbre, being in breadth by ye water side eighty rodd, being bounded to ye Northeast by ye land of John Daniel- son, ranging Northwest into ye commons, and to ye Southwest by ye land of Gabriell Curtesee. Containing in all sixty acres, as by ye return of ye survey may and doth appear." Conveys said premises to the patentee, reserving a quit rent '• of one bushell of good winter wheat, to be paid at New York." I \Sj r . ST R.£ f r \ \ TJvJ si .. ^ ...„v "/? J_M. '"^ ■) <^ =^ ■; \ \ > ~^^r7rj-7S^ ;, oz - 1 A a^ ^ ii L ^ 22 h . ~i " 1 ?. ?6 :i - " 'A \ s-i c 4 S u ti t I ,f " n .- J 3- ^ ij " i r - ^ c J ';; ■•<> c « ^ 7-*' ■;? rj-c 76 J-6 C 7T C9 Z' 1/ s k ^ k Lj H k V k 5 k k k k _ k >< 1 7f ,oc ^ ■ 7.rt «i^ J!^ 4 i- tj -sON-'-^-.SV r '*■ ^/i. t; 1 ^' ^'J • U'*' u./,^ ■ W^- -^ *2-"^ ■ !|i?^ -f^ --J -^ ^ o - ;s - s CO ^ ^, ■0 i» **> 2; !• * ^ J]^ b^ L4 ^■2. ± I i THE BREYOORT AND ODELL TRACT. Part of this tract is included in the following patent: PATENT. Sir Edmund Andros, J Dated 9th Oct., 1677. Governor, etc., ! Recorded in Secretary to [ of State's Office at David Duffore. \ Albany. / 4 Patents, 127. " Whereas there is a certayne piece of land upon this Island Manhattans, ye which, by vertue of my warrant, hath been layd out for David Duftbre, being in breadth by ye water side eighty rodd, being bounded to ye Northeast by ye land of John Daniel- son, ranging Northwest into ye woods one hundred and twenty redds, being bounded to ye Northwest by ye commons, and to ye Southwest by ye land of Gabriell Curtesee. Containing in all sixty acres, as by ye return of ye survey mav and doth appear." Conveys said premises to the patentee, reserving a quit rent " of one bushell of good winter wheat, to be paid at New York." LFX/NC TON pv- — — — n i;»"i6-}>- 1 Li'- \ i 1 °;^ . ■•° -. •/ '00 t^- r """' 6 i^,..... S" 1 i ?'? s i? ^ \ 1 6 Vv. ■ _ 1/ jft ^ Tii;r5g j»-Co-_^ i 1 t ^ 1 $ 1 iii 1 THIRD AVENUE TH F (J^Ae, j^c^ -rvcc/t l6e^ n&x.u l/orir:, yUe. p^^ ^ a^/cce^ rJ-l ^^\ ' CUljt /-P^ -'otrr^cAM C\e^t of /tie. it/yuL iff CAjl Oo-yy^'y-'ta-n 3R.£VOOR.T cJAj- pi -r/tan i of CAt. Jy-a. c/- '■^^ikl '- ^■"^S^'^ AND cr^ /^ou-d CcryU. i>a^e SSb (u.-yyi/oS'cr&eyu <^f<'ot,. ecu,, -nAfyrr^l^t^ crucri^^^ cryL /iivcx^ -^'.a^/^ie- t^ iLOLcJly -6 r^ACT. f; us ■ *6 11 • Y« «9 • fo m • 57. S3 ■ it Si ■ S& €n . . St f9 . &o G< . 61 SJ e^ »-» if ■ 46 67 ■ S« 89 ■ 9o
  • 9 ■ , ia& 237 _ -^ 3V HJ- , 3J a33 . 5.^ iJO, »«^-23' '^ 1 E J K ?■ 3 ! 1 ^ 11- ' .: ■ 1- iS.J .;r- "'- 1,-, r. 2«o as/ . TSJ 283 If;^ isy i^6 uy i«« 3.!'J . 3?o 191 291 29J - 496 19i- i97 . 298 i99 3oo 3e/ ■ JOX J<>3 ^ 30^ 3oi- • 3o(, J07 ■ „ai'^'' ,.„..J«5 1 I 1 1^, AT if* ; ^ SECON D AVENUE i IS \U :J 3f^'«- s; ' jrc iSl , in ISi, J60 iCi ■ 361 J63 ' ' J6« 364' • JCfc i47 ■ Jfc9 369 ■ J70 J?' ■ >n j;3 ' ■'7V J7-r ■ J7 Proved 12th June, 1780. David Devore. \ 32 Wills, 260. I. \ 32 - After certain legacies and a bequest to his wife Maritie of an annuity of ;^25, in lieu of dower, according to the tri- partite deed of separation, he proceeds as follows : " 1 leave, devise and bequeath all the rest, residue and remainder THE BREVOORT AND ODELL TRACT. 177 of my real and personal estate, of what nature or kind soever and wheresoever, that I shall be seised, possessed of or entitled unto at the time of my decease, unto my said daughter Ann Devore, to hold the same, to her, her heirs, executors, adminis- trators and assigns forever." He provides for certain remain- ders over in case said Ann Devore should die, before she attains the age of eighteen years, unmarried and without issue. On 29 May, 1788, Ann Devore, the above-named devisee, intermarried with Abraham Brevoort, by whom she had two children, Ann and Henry. On 12 November, 1794, Abraham Brevoort, her husband, died. In 1795 Ann Brevoort intermar- ried with Jacob Odell, by whom she had two children, Jacob D. and Jane. \ DEED. Jacob Odell and \ Anne, his wife, I Dated 25th April, i83( to > Ack. 25th April, 1836. Henry Brevoort and t Rec. 2d May, 1836. Jacob D. Odell. \ 35 i Conveyances, 584. / Consider., an annuity. Conveys all that certain tract, piece or parcel of land, situate on both sides of the Third Avenue, in the Twelfth Ward of the City of New York, and is bounded on the Easterly side by the Road usually known as the old Boston Post Road, on the Southerly side by lands formerly owned by Thomas Buchanan, deceased, on the Westerly side by lands belonging to the cor- poration of the City of New York, commonly called the com- mon, and on the Northerly side in part by land formerly owned by Sheriff Bell, and in part by lands belonging to persons un- known to the parties to these presents, being the real estate formerly of David Devoore, deceased, and which, in and by his last will and testament, bearing date the thirtieth day of May, in the year one thousand seven hundred and eighty, was de- « 178 THE BREVOOKT AND ODELL TRACT. vised to his daughter Ann, now the wife of the said Jacob Odell, and one of the parties of the first part to these presents, most of which said premises are now in the possession of Cato Alexander and Edward Gwynn, containing in all about forty acres of land, be the same more or less. Habendum as joint tenants and not as tenants in common. yfc/a ^n /^ cS'i^mci/ a^^ C^y^// Wiac/". Jt^^^ c^n m^ tyoie^^^M^ and ^^// t_/iac^. ILit..:-^ O^^^i::; «3 j , I ^"■' ■i^_. lUllUlj-i ixp THE THOMAS C. PEARSALI • TRACT. The main portion of this tract is included in the premises conveyed by the following patent. The title to the rest of the tract is shown in the abstract of the " Philip Brasher " tract immediately following : Sir Edmund Andros, Governor, etc.. PATENT. to Dated 15th Mar., 1676. Recorded at Albany in Secretary of State's John Danielson. ) Office. 4 Patents, 12c. " Whereas there is a certaine lott of land upon this Island Alanhattans, the which, by vertue of my warrant, hath been laid out for John Danielson, lying to the Northeast of Dewtell Bay, being in breadth by the River side forty rodd, and in length by the land of Jacobus Fabritius one hundred and twenty rod, bounded to the Northwest by the Commons, and to the Southwest by the land of David Du Four. Containing the quantity of thirty acres, as b\' the returne of the survey doth and may appeare." Conveys said premises to the patentee, reserving a quit-rent of one peck of good winter wheat. MAP '•' >■ FARM THOMAi C PfARSALL 180 THE THOMAS C. PEARSALL TRACT. The following is the next conveyance of record aflecting the title to the tract in question. Eliacom Anderson aiid Mary, \ /lis wife, Anderow Allbody rt/Z^ ANNATIE, his wife, PlETER Anderson and Cornelia, his wife, Aberam Anderson and Elisabot, his wife, LUCUS De Witt and EngOLTIE, liis ivife, Samuel Stride and Annie, his wife, James Roberson and Selvia, his vnfe, DEED. Dated 25th Feb., 1737. Proved 27th July, 1738. Rec. 28th July, 1738. 32 Conveyances, iii. Consideration, ^^173. to Jonaton Hardman. Conveys all that messuage or tenement, dwelling-house and Barn and lott of land scituated, lying and being upon this Island, to the Northeast of Dewtell Bay, being in breadth by the Reaver side forty rood, and in length by the land of Man- gell Janse Roll one hundred and seven rod and five foot and a halfe. Bounded by the Northwest by the land of Aberam Anderson, from thence with a square line twelf rodd and tinn foot and a halfe, and from thence with a square line towards the Northwest twelfe rodd and four foot and a halfe, bounded by the Commons, and to the Southwest by the land of David Devoor. Containing the quantity of twenty-nine acres. This description embraces all of the land included in the Danielson patent, except ore acre on the Northwest corner thereof, which was \ested in Aberam Anderson. THE THOMAS C. PEARSALL TRACT. 181 Lawrence Hardman, eldest son and heir- HARD^[. and Frances, his zvife, {late\ 1'raxces HardiMAN, tvidotv of Jonathan Hardman), i MORTGAGE. '-at-law of Jonathan j MORTG^ AN, Robert Atkins/ ........ /.-. ...•^. ,,.J To SF.rcRi- To Secure ^i6o. Dated 8th July, 1756. Ack. 9th July, 1756. Reg. 2d Aug., 1756. I Mortgages, 45. Simon Johnson. Covers all that certain tract, farm, piece, lott or parcel of land situate, lying and being in the outward of the City of New York to the Northeast, at Dutell or Turtle Bay, being in breadth bv the River forty rods, and in length by land formerly of [acobus Fabricius, now of John Van Zandt, one hundred and twenty rods, in the rear, or along the commons, in breadth forty rods, and in length along the land of David Devoer one hundred and twenty rods, being thirty acres. Bounded South- cast along the River, Northeast to the land now of the said John Van Zandt, Northwest to the Commons, and Southwest to the land of the said David Devoer. The portion of the premises covered by the preceding mort- gage lying East of the Post Road became vested in John Pro- voost, who died leavingf a will as follows : Last Will and Testcunent of John Frovoost. Dated 23d Sept., 1767. Proved 3d Nov., 1767. 26 Wills, 80. •' Item : I give unto my eldest son, Samuel Provoost, my fai m 182 THE THOMAS C. PEARSALT. TRACT. or plantation lying on this island of Manhattans, along the En St River between the land of DeVoor and Hurst, with the C'lifices and appurtenances thereunto belonging, to have and to hold to him, his heirs and assigns forever." Appoints his wife. Eve Provoost, and his son, Samuel Provoost, and Mary, his wife, and Peter Van Brugh Livingston, his executors, authorizing them, or a majority of them to sell any part of his real estate. DEED. Samuel Provoost and j Dated 5th June, 1784. Maria, /it's zvi/i-, ( Ack. nth June, 1784. fo { Rec. 2d Dec, 1795. Hugh Gaine. \ 5i Conveyances, 11. / Consideration, ^^"2,800. Conveys all that certain tract, farm, lot, piece or parcel of land, situate and being in the outward of the City of New York to the Northeast of Dutell, or Turtle Ba}', Beginning at the Northeast corner of the land late of David Devoer, deceased, and runs from thence along or near the East River Ten chains ; thence North Forty-five degrees West, Twenty-two chains and forty links to the public road or highway (where the breadth thereof is on a Southwest course ten chains) ; thence along the said public road or highway, South nine degrees and thirty minutes West six chains ; thence South Thirty-two degrees West four chains ; thence South Twenty-three degrees West one chain and ten links ; thence South Forty-five degrees East eighteen chains and fifty links to the place of beginning. Bounded to the Southeast along the said East River, on the Northeast by land which did formerly belonging to Jacobus Fabricius, since to John Van Zandt, and now belongs to Peter Praa Van Zandt, on the Northwest by the publ'c road or highway aforesaid (which leads towards Harlaem), and on the Southwest by land late of the said David Devoer, deceased. THE THOMAS C. PEARSALL TRACT. 1S3 Hugh Gaine and Cornelia, his wife, to JosiAH Ogden Hoffman. DEED. Dated 6th Mar., 1795. Rec. loth July, 1795. 1^- Deeds, 375. In Secretary of State's Office. Conveys same premises by same description. MORTGAGE. JosiAH Ogden Hoffman and Mary, Jiis vnfc, to Hugh Gaine. To Secure /^4,ooo. Dated 6th Mar., 1795. Ack. i6th Mar., 1795. Reg. 24th Mar., 1795. 7 Mortgages, 63. Covers same premises. Hugh Gaine to Thomas Pearsalj. ASSIGNMENT. \ Dated 6th June, 1799. / Ack. 6th June, 1799. N Reg. 6th June, 1799. I 9 Mortgages, 494. ; Considerat'n, $11,569. 1 Assigns above mortgage. DEED. JosiAH Ogden Hoffman to Thomas Pears all. \ Dated 27th April, 1797. / Ack. 27th April, 1797. , Rec. loth Feb., 1800. V 57 Conveyances, 399. / Consideration, ;!^9,ooo. Conveys same premises by same description subject to the above mortgage. 184 THE THOMAS C. PEARSALL TRACT. Thomas Pearsall, the above named grantee, died on 17 March, 1807. La<>i Will and Testament i Dated 8th June, 1805. of \ Proved 9th April, 1807. Thomas Pearsall. \ 46 Wills, 531. Gives his wife, Phebe Pearsall, the use and improvement of his country seat near the five-mile stone, on the road to Kings- bridge, which he purchased of Josiah Ogden Hoffman. After certain provisions not sj)ecifically affecting the premises, the testator provides as follows : " Sixthly : I give all the residue of my estate, both real and personal, to my son and his heirs." The testator's widow, Phebe Pearsall, died on ist December, 1810. The title to the Northerly portion of the premises as far as Thomas C. Pearsall is shown in the abstract of the Philip Brasher tract, next hereinafter set forth. The main portion of the tract there shown to have been vested in him was con- veyed by his heirs to Shepherd Knapp. The residue thereof not conveyed by his said heirs, together with the piece of land devised to him by his father, Thomas C. Pearsall, as above shown, constitutes the tract now in question. This is described in the petition in the partition suit next set forth as follows : '' All that certain farm or tract of land situate in the twelfth XVard of the C ity and County of New York, commencing at a point on the East River between the lands owned by the heirs of Thomas Buchanan, and running from thence North 53' 35 , East 1,272 feet to the old post road ; thence along the said road North 24' 23, East 490 feet; thence North 7 25, East 275 feet; thence South 48 15 , East 913 feet ; thence North 41 25 , East THE THOMAS C. PEARSALt. TRACT. 185 232 feet 9 inches; thence South 81" 25 , East 250 feet; then South 77 20 , East 76 feet, .South 73 25 , East 64 feet 8 inches ; thence South 33 35 , East 113 feet to the East River to the place of beginning. Containing 25 acres, i rood, 20 poles of land, according to a survey and map thereof made by Daniel Ewen, City Surveyor, dated April, 1S30, showing the same as intersected by the avenues and streets." Thomas C. Pearsall died on 25 November, 1820, intestate, leaving him surviving Frances Pearsall, his widow, and the following children his only heirs-at-law : 1. Thomas Pearsall. 2. Charles C. Pearsall. 3. Richard H. Pearsall. 4. Sarah Pearsall, who married James C. Norton in July, 1S21. 5. Edward Pearsall. 6. Phebe Pearsall and 7. Mary Pearsall, vv^ho married Samuel Bradhurst in January, 1853- DEED. James C. Norton and j Dated 14th Sept., 1829. Sarah, /lis icifc, ( Ack. 14th Sept., 1829. ^0 ? Rec. 5th April, 1830. Dudley Selden. \ 261 Conveyances, 139. / Consideration, $10. Conveys all the real estate, whether in law or equity, which constitutes or may constitute the property, share or portion of the said Sarah of, in and to the estate of her late father, and the rents, issues and profits arising therefrom. In trust to partition the same, to sell with consent of the said Sarah, to pay her the income and profits during her life, and then to convey the same 186 THE THOMAS C. PEARSALL TRACT. m as she by her will may appoint and direct, and if there be no will, then to convey to her children and their heirs. IN CHANCERY. Before Vice-Chancellor. Thomas Pearsall, Charles C. Pearsall and Richard H. Pear- sall, Frances Pearsall, James C. Nor-| TON, and Sarah his wife, Dudley Selden, Edward Pearsall, Phebe Pearsall, Mary Pearsall, Rob- ert Macomb and Mary C. P., Ids tvife, Julia Matilda Macomb, James Renwick and Duncan P. Campbell. 1830— July 7. Bill of partition filed. September 3. Order entered, appointing Frances Pear- sall guardian of Edward Pearsall, Phebe Pearsall and Mary Pearsall, infants over fourteen, upon their peti- tion. September 13. Answer of Dudley Selden filed. 1 83 1 — February 22. Order entered, amending bill by striking out everything therein relating to de- fendants, Duncan P. Campbell, James Renwick, Robert Macomb and Mary, his wife, and Juliet Matilda Macomb, and the premises in which they were interested (which is other than the farm under examination.) THE THOMAS C. PEARSALL TRACT. 187 183 1 — April 6. Amended bill, filed. May 31. Answer of Dudley Selden to amended bill, filed. June 9. Answer of Frances Pearsall to amended bill, filed. June 9. Answer of Edward Pearsall, Phebe Pear- sall and Mary Pearsall, infants, etc., by their guardian ad litein^ filed. June 16. Order pro confesso against James C. Norton and wife, on consent of Dud- ley Selden, their solicitor. June 20. Order of reference to John M. McDonald, Esql, Master, on title, etc. December 30. Report on title filed. 1S32 — January 28. Bill of revivor filed against the children of Sarah Norton, by order of that date. Marcli 5, Order entered, appointing Robert Em- met guardian ad litem of James C. Norton, Jr., Pearsall Norton and Robert Burrage Norton, infants under four- teen, on petition of their father. March 17. Answer of infants, filed. 1S33 — August 5. Order entered, amending bill by inserting allegations, as to the marriage of Mary Pearsall with Samuel Bradhurst, on 5 January, 1833, and making him a party defendant. 1S35 — September 24. Answer of Samuel Bradhurst and wife, filed. September 28. Order of reference to Thomas Addis Emmet on title, etc. November 12. Referee's report, filed. November 23. Order that suit proceed against other 1«8 THE THOMAS C. PEARSALL TRACT. defendants, notwithstanding death of James C. Norton. 1S35 — November 24. Order of reference as to liens. 1836 — February 22. Report on liens filed. February 22. Decree of sale entered. April May May 6, Edward Fearsall and Phebe Pearsall, having arrived at full age, confirm all the proceedings in suit. 9. Master's report of sale filed. 13. Decree enrolled. 1S37 — December 21. Final report, filed. The following table shows the names of the purchasers at this sale, the lots purchased by them, and the record of the deed to them : to 5 Mary Healy 6 to 12, 85 to 92 j William Douglas 19 to 26 John W. Francis IS to 18. 35 to 38, H4 to 117, I I -^viui^^ Q Wetmore and Morris Franklii Record of Deed. 158 to 165. 27 to 34 54 to 57 46 to 53 39 to 45, 74, 75- 70 to 73 661069.. 62 to 65.. s8 to 61.. Gore lot 761083.. 13, 14, 166, 167, 204, 205 105 to leg, 230, 231, 232 233i 234, 23s 134 to 152, 123 to 133 110 to 113, 118 to 122, 153 to 157. 210 to 21 3 174 to 189, 214 to 221, 236 to 277.. 93 to 100 »78, 279 loi to T04. 168 to 203, 190 to 197, 206 to 226 to 229 222 to 225 Daniel W.Gantley. James Lozier Mary Bradhurst William C. Emmet. Andrew Sitcher Tohn M. Bradhurst... Hickson W. Field.... William B. Doughty. James Chesterman... Ira Perego David Laudeback Caleb Bartlett Carl Klauberg Edward Minturn and Albert Woodhull. John Griswold 198 to ) i o 2og, >- ' )\ Alexander H. Robertson Anson G. Phelps Theophylact B. Satterthwaite. John Glover Edward A. B. Graves Alexander H. Robertson. 361 Cons. 88 356 Cons. 383 361 Cons. 66 362 Cons. 114 364 Cons. 72 356 Cons. 296 360 Cons. 225 356 Cons. 379 357 Cons. 268 360 Cons. 237 360 Cons. 234 357 Cons. 271 365 Cons. 36 361 Ccns. 106 357 Cons. 216 3S7 Cons. 287 362 Cons. 41 362 Cons. 118 359 Cons. 179 362 Cons. 306 357 Cons. 548 362 Cons. 168 360 Cons. 128 358 Cons. 460 362 Cons. 310 {^^e^ {?n me ^m^ma^ ^ . u^ea^ja// ^iac/. as>2( $ 8g -.1 \t - i- -..1. r .^.A 2 2 01 2 S5^ Ail ^n n^ ^f——' HE PHILIP BRASHER TRACT. This was included in the following patent; PATENT. Sir Edmund Andros, Governor, etc.. to Jacobus Fabricius. Dated 13th Mar., 1676. Recorded in Secretary- State's Office at Al- bany. 4 Patents, 1 17. " Whereas there is a certain piece of land lying in common upon this Island Manhattans, the which, by virtue of my war- rant, hath been laid out for Mr. Jacobus Fabricius, being in breadth by the river side eighty rods, and in length one hun- dred and twenty rods. Containing sixty acres. Bounded to the Northeast by the land of Cornelius Mattysen, to the South- west by the lott number four, and to the Northwest by the Com- mons, as by the return of the survey under the hand of the sur- veyor doth and may appear." Conveys said premises to the patentee, reserving " a quitt rent ofhalfe a bushell of good winter wheate." Jacobus Fabricius to William Wouterse, DEED. Dated i8th July, 1677. Not recorded but re- cited in 35 Cons., 311, Conveys same premises. ' M/\P OF 190 THE PHILIP BRASHER TRACT. As appears from the description in the instruments affecting the tracts adjacent, this farm became vested subsequently in John Van Zandt, and afterwards in his son, Peter Pra Van Zandt. DEED. \ Dated 25th Mar., 1795. Peter Pka Van Zandt and j Ack. 26th Mar., 1795. Sarah, his wife, [ Rec. loth Oct., 1796, at to [ Sec'y State's Office. William S. Smith. \ 28 Deeds, 477. Consideration, ^5,000. Conveys all that certain messuage or tenement, outhouses, buildings, barns, gardens, orchards, and all that piece or parcel of land situate and lying within the City and County of New York near Turtle Bay. Beginning at the Northwest corner of the division fence of Mr. Hugh Gaine and Peter Pra Van Zandt, running along the said fence of Mr. Hugh Gaine, North forty-nine degrees, West twenty-three chains to the East River ; thence Northeasterly ten chains at right angles along the River to the division fence of said farm, and the farm of Abraham Beekman ; thence South fort3'-nine degrees, East twenty-three chains along said division fence as it now stands to the Post Road ; thence along the Post Road ten chains to the place of beginning. Containing in the whole twenty-three acres, be there more or less. MORTGAGE. To Secure $10,000. William S. Smith I Dated loth Nov., 1795. to \ Ack. 1 8th Nov., 1795. Silas Talbot. \ Reg. i8th Nov., 1795. 7 Mortgages, 339. Covers same premises by substantially the same description. THE PHILIP BRASHER TRACT. 191 Silas Talbot to William T. Robinson. ASSIGNMENT. Dated ist Dec, 1798. Proved 12th May, 1801. Reg. 1 2th May, 1801. 1 1 Mortgages, 60. Considerat'n, $11,536.38 Assigns the mortgage above set forth. The said WilHam T. Robinson having become the owner of the fee, as hereinafter shown, the said mortgage became merged by its assignment to him. ^ DEED. Dated 5th Oct., 1796. Ack. 6th Oct., 1796. Rec. 1 6th June, 1804. 67 Conveyances, 73. Consideration, ^20,000. Conveys same premises as the mortgage above set forth by substantially the same description. DEED. William S. Smith and Abigail, his wife, to William Ward Burrows. William Ward Burrows, and\ Dated 7th Dec, 1798. Mary, his wife, I Ack. 7th Dec, 1798. to / Rec. 24th Dec, 1798. William T. Robinson. \ 56 Conveyances, 59. J Consideration, $13,750. Conveys same premises by same description. MORTGAGE. Abraham Franklin and Ann, 1 his ti'ife, John Franklin, and j Charity, his wife, andWiL-l Dated 9th Dec, 1807. LI AM T. Robinson ( Ack. 9th Dec, 1807. f^ "> Rec 1 2th Dec, 1807. Cornelius Ray, Matthew i 79 Cc^nveyances, i. Clarkson and Joshua) ^5^ ' '"' °^' 1 16 Mortgages, 519. Sands, Trustees, etc. 192 THE PMILTP BRASHER tRACt. Recites seisin by different parties of first part respectively of certain different tracts of land and of the farm in question by William T. Robinson ; that they are indebted to the Bank of the United States for $100,000, to the Bank of New York for $50,000, and to the Merchants Bank for $50,000 ; and the giving of bonds to secure such indebtedness to Cornelius Ray, as trustee for the Bank of the United States, to Matthew Clarkson as trustee for the Bank of New York, and to Joshua Sands as trustee for the Merchants Bank. Covers same premises b}' same description. IN CHANCERY. Before Chancellor. Cornelius Ray, Mathew Clarkson, ■ a7id Joshua Sands, vs. Abraham Franklin and Ann, his wife, John Franklin, and Char- ity, his wife, William T. Rob- inson, Henry Franklin, and Charles Ludlow. 1808 — December 10. Bill filed to foreclose above mortgage. 1809 — April 5. Answers of all defendants, except Charles Ludlow, filed. 1809 — April 10. Order of reference to compute amount due, on consent of B. Robinson, solicitor of Charles Ludlow. 1809— April II. Master reports $209,500 due. April 1 2. Decree of sale entered. 1 8 13— May 25. Decree enrolled. \ THE PHILIP BRASHER TRACT. 193 DEED. Elbert Herring, I Dated loth Aug., 1809. Master in Chancery, f Ack. ist Sept., 1809. to I Rec. 25th June, 1822. Thomas C. Pearsall. \ 161 Conveyances, 127. / Consideration, $^8,000. Conveys same premises by same description. Thomas C. Pearsall mortgaged said premises to the Globe Insurance Company by two several mortgages, recorded re- spectively in Liber 55 Mortgages, page 38, and 58 Mortgages, page 186, which are now both satisfied of record, and weie released to Shepherd Knapp, the purchaser under next con- veyance, by release recorded in Liber 176 Conveyances, 392. Thomas C Pearsall died on 5th November, 1820, intestate, leaving him surviving Frances Pearsall, his widow, and the following children, his only heirs-at-law : Thomas Pearsall. Charles C. Pearsall. Richard H. Pearsall. Sarah Pearsall, who afterwards muried James C. Norton.] Edward Pearsall. Phebe Pearsall and Mary Pearsall. \ DEED. Thomas Pearsall and La- j viNiA, hisivife, James Clin-/^^^^'^ 30th April, 1824. TON Norton and Sarah, his\ Ack. 3d May, 1824. .^,,if,^ ^ Rec. 7th May, 1824. f0 [176 Conveyances, 393. \ Consideration, $15,050. Shepherd Knapp. \ / 194 THE PHILIP BRASHER TRACT. Conveys two equal undivided seventh parts, being the whole interest and estate therein of the said parties of the first part as heirs-at-law and children of the said Thomas C. Pearsall, de- ceased. All that certain country seat, lot of land and premises, with the dwelling-house, messuages, stables, out-houses and appurtenances thereunto belonging or in anywise appertaining, situate, lying and being in the Ninth Ward of the City of New York, known by the name of Mount Vernon, and sold accord- ing to a map or chart made thereof by Edward Doughty, Citv Surveyor, on the twenty-eighth day of January, in the year of our Lord one thousand eight hundred and twenty-four, and containing iS 90-100 acres, which said map was exhibited and shown at the time and place of sale as aforesaid, and by which it appears that said premises are butted and bounded as follows, that is to say : Beginning on the old Post Road at the North- west corner of other premises, belonging to the estate of said Thomas C. Pearsall, deceased, and running thence North fifteen degrees and fifty minutes, East along said Post Road one hun- dred and eighty-one feet ; thence North twenty-seven degrees and fifty minutes. East still along said Post Road five hundred and fourteen feet ; thence North fifty-six degrees and fifty min- utes. East twenty-five feet three inches ; thence South forty-eight degrees and twenty-five minutes. East along land of John Beek- man, Esq., six hundred sixty-two feet six inches; thence along the same South forty-seven degrees and thirty-three min- utes. East six hundred sixty-seven feet ; thence along the same South forty-eight degrees and thirty-five minutes. East one hundred and seventy-nine feet six inches into the East River ; thence along the same South thirty-six degrees and fifty minutes, West thirty-four feet four inches ; thence along the same North forty-eight degrees and thirty minutes, West one hundred and twenty-five feet ; thence along the same South thirty-nine degrees and fifty minutes, West twenty-one feet ; thence along the same South sixty-eight degrees and forty-five THE PHILIP BRASHER TRACT. 195 minutes. East twenty-four feet ; thence along the same South twenty-one degrees and forty-five minutes, West one hundred and twenty feet two inches ; thence along the same South sixty- eight degrees and fifteen minutes, East twenty-eight feet nine inches ; thence along the same South seventeen degrees and twenty minutes, West thirty-eight feet and seven inches; thence :dong the same South eight degrees and fifteen minutes, West one hundred feet "to other ground belonging to the estate of Thomas C. Pearsall, deceased ; thence along the same North thirty-five degrees and fifteen minutes. West one hundred and thirteen feet; thence along the same North seventy-three de- grees and twenty-five minutes, West sixt3'-four feet eight inclies ; thence along the same North seventy-seven degrees and twenty minutes, West seventy-six feet ; thence along the same North eighty-one degrees and twenty-five minutes. West two hundred and fifty feet ; thence along same South forty degrees and tvventy-five minutes, West two hundred and thirty-two feet nine inches: thence along the same North forty- eight degrees and fifteen minutes, West nine hundred and thirteen feet to the place of beginning. /;/ the Matter of Duncan P. Campbell, Frances Pear- sall a;/^ ThoiMas Pearsall. 1821 — July 28. Order entered, authorizing Duncan P. Camp- bell and Frances Pearsall, guardians, etc., to sell the real estate of which Thomas C. Pearsall died seised. 1S24 — March 23. Order entered, confirming report of sale and directing Duncan P. Campbell and Frances lOfi THE PHILIP BRASHER TRACT. Pearsall to execute a deed to the purchasers of all the right, title, property, estate, inter- est and demand whatever, both in law and equity, of said infant children and of each and all of them. Duncan P. Campbell and Frances Pearsall, ^/^twc/Za/w \ DEED of Sarah Pearsall, Charles 1„ „ TT f Dated 30th April, 1824. C.Pearsall, Richard Henry . , r' . . ^^ ' 1 Ack. 3d May, 1824. PEARSALL, Edward Pear-^ ^^^ ^^^ ^^^^ ^324. SALL, Phebe Pearsall and\ 176 Conveyances, 398. Mary Pearsall \ Consideration, $15,050. to Shepherd Knapp. Conveys five equal undivided seventh parts belonging to said infants, being all the right, title, interest and estate of the said Charles C. Pearsall, Richard H. Pearsall, Edward Pear- sall, Phebe Pearsall and Mary Pearsall, as the five children and lawful heirs of their said father Thomas C. Pearsall, of same premises by substantially the same description. Frances Pearsall, widow, also releases, in this instrument, her right of dower in the premises. DEED. Shepherd Knapp and j Dated ist June, 1824. Catharine Louisa, his ivife, y Ack. 8th July, 1824. to ( Rec. 9th July, 1824. jAiMES Meinell. \ 179 Conveyances, 109. / Consideration, $7,525. Conveys all the one equal undivided half part of same premises by same description. THE PHILIP BRASHER TRACT. 19: James Meinell and Magda- len, his ivife, SHEPHERD, Knapp and Catharine! Louisa, his unfe, i to ' Walter Livingston. DEED. Dated 5th Dec, 1825. Ack. 5th Dec, 1825. Rec 27th June, 1826. 206 Conveyances, 155. Consideration, $19,000. Conveys same premises by same description. Walter Livingston to Philip Brasher. J DEED. Dated 21st June, 1826. Proved 27th June, 1826. Rec 27th June, 1826. 206 Conveyances, 153. Consideration, $9,500. Conveys all the one equal undivided half part of same premises by same description. DEED. Same to Same. „) Dated 1st Nov., 1826. Ack. 1st Nov., 1826. Rec. 1st Nov., 1826. 210 Conveyances, 516. Consideration, $10,000. Conveys all of one undivided moiety or half of same prem- ises by same description. €/^<> f'^ H<7 4/1^4 iJiac/. yfc/e^ c^i me (JAm^/ t^Miamei t^iar/. >-»■»-. "<>, S^vsv^^ T a ^ a T 2 nt Vy\: Ai.,,,^^.^ -Tli" E PROPE R.TY : 'T\f^FLrTH-\^JAIiD OF T H g OF f^EVV YORK LL THE THOMAS ADDIS EMMET TRACT. The Easterly portion of this tract was included in the prem- ises conveyed by the following patent : PATENT. Sir Edmund Andros, J Dated 15th Man, 1676. Governor, etc., ( Recorded at Albany in io I Secretary of State's John Danielson. \ Office. . / 4 Patents, 120. " Whereas there is a certaine lott of land upon this Island Manhattans, the which, by vertue of my warrant, hath been laid out for John Danielson, lying to the Northeast of Dewtell Bay, being in breadth by the River side forty rodd, and in length by the land of Jacobus Fabritius one hundred and twenty rod, bounded to the Northwest by the Commons, and to the Southwest by the land of David Du Four. Containing the quantity of thirty acres, as by the returne of the survey doth and may appeare." Conveys said premises to' the patentee, reserving a quit-rent of one peck of good winter wheat. Ir^cd A^ M<^ ^i/Acmcu addu (Pnt'mU. ^ ^c^^ \ \n' /^^ nyrf^uUu eM< SfKTI f TH STK^e T 200 THE THOMAS ADDIS EMMET TRACT. The distance of 1 20 rods given in this patent is not enough to carry the bounds of this tract as far West as the Third Avenue. The true Westerly line of this patent is shown on the map of the patents ante page 1 19. This Westerly extension is possibly due to an encroachment on the commons by the patentee and his grantees, there being no conveyance on record affecting the same. In a deed dated in May. 181 1 (93 Convey- ances, page 455, hereinafter set forth), the fence of the then owner of this tract is said to have been 1 29 feet West of the West side of Third Avenue on the Southerly end, and 14 feet 6 inches West of said Avenue, on the Northerly end. The following is the next conveyance of record affecting the title to tract in question : Eliacom Anderson and Mary, his wife, ANDERSON Allbody «;^^ Annatie, his wife, Pieter Anderson and Cornelia, his wife, Aberam Anderson and ElisaboT, his wife, LUCUS De Witt and Engoltie, his wife, Samuel Stride and Annie, his wife, James Robinson and Selvia, his wife, DEED. Dated 25th Feb., 1737. Proved 27th July, 1738. Rec. 28th July, 1738. 32 Conveyances, iii. Consideration, ;^I73. to Jonaton Hardman. Conveys all that messuage or tenement, dwelling-house and Barn and lott of land situated, lying and being upon this Island, to the Northeast of Dewtell Bay, being in bredth by the Reaver side forty rood, and in length by the land of Man- gell Janse Roll one hundred and seven rod and five foot and a THE THOMAa ADDIS EMMET TRACT. 201 lialfe. Bounded by the Northwest by the land of Aberam An- derson, and from thence with a square line twelf redd and tinn foot and a hafe, and from thence with a square line towards the Northwest twelfe rodd and four foot and a halfe, bounded by the Commons, and to the Southwest by the land of David Devoor. Containing the quantity of twenty-nine acres. The above description includes all of the premises described in the above patent, except one acre on the Northwest side thereof, laid oft' in a square of 12 rods and lo)4 feet in length on each side, which was vested in Aberam Anderson. There is no conveyance on record from said Aberam Anderson of said acre. Lawrence Hardman, e/dest son i and heir-at-law ^/Jonathan] MORTGAGE. Hardman, Robert AtkiissI and Frances, /lis tai/e, latt\ '-^^^ SECURE £\CjO, ios. Frances Hardman, w/^t^^-w/ Dated 8th July, 1756. JON.\THAN Hardman, 1 ^^k. 9th July, 1756. Reg. 2d Aug., 1756. I Mortgages, 45. ^Simon Johnson. Covers all that certain tract, farm, piece, lott or parcel of land scituate, lying and being in the outward of the City of New York to the Northeast, at Dutell or Turtle Bay, being in breadth by the River forty rods, and in length by land formerly of Jacobus Fabritius, now of John Van Zandt, one hundred and twenty rods, in the rear, or along the commons, in breadth forty rods, and in length along the land of David Devoer 120 rods, being thirty acres. Bounded Southeast along the River, North- east to the land now of the said John Van Zandt, Northwest 202 THE THO>fAS ADDIS EMMET TRACT. to the Commons, and Southwest to the land of the said David de Voer. MORTGAGE. To Secure £\6o, ios. Same I D^ted i6th May, 1764. to \ Ack. 17th May, 1764. Same. \ Reg. 22d May, 176.. I Mortgages, 422. Covers all that certain tract, piece, lott or parcel of ground scituate, lying and being in the outward aforesaid, being in breadth in front along the Kings highway and in the rear alung the Commons, at each end forty rods in length on the North- east and Southwest sides from the said Kings highway to the Commons aforesaid. Containing about eleven acres of land. Bounded on the Southeast to the said Kings highway, on the Northwest to the said Commons, on the Northeast to the land of John Van Zandt, and on the Northwest to the land of David De Voer. IN CHANCERY. Before Chancellor. Thomas Bibby, Administrator of Simon Johnson, John Hard man, son and heir-at-law of\ Lawrence Hardman. 1 79 1 — April 12. Decree entered at Albany foreclooing the mortgage last above set forth, and direct- ing a sale of the premises covered thereby. >S.w,*ooaV-\ ->ii 'iAM ■ ^^, X zr/ijr ROAD 6f GRANTS BY THr CITY or LAND [AST or TOUKTH AVCNUt LY- NC BLTWEfN <57''aW0 66*STR^ttTS THE THOMAS ADDIS EMMET TRACT. 203 DEED. John Ray, Master in Chancery A Dated 15th Mar., 1791. rt/zrt' Thomas Bibby I Proved 29th Jan., 1805. to } Rec. 1 6th Mar., 1805. Hugh Gaine. \ 69 Conveyances, 166. / Consideration, ^400. Conveys the premises described in Liber i Mortgages, page 422, above set forth, by the same description. DEED. T/ie Mayor, Aldermen and Com-) Dated 30th Mar., 1801. monaltyof the City of Nezu Yorkf Proved 24th Mar., 1829. to } Rec. 24th Mar., 1829. Hugh Gaine. \ 247 Conveyances, 530. / Consideration, $525. Conveys all that certain piece of land, parcel of the Com- mon lands of the said City, situate near the five-mile stone in the Seventh Ward of the said City, and lying between the land of the said party of the second part and the road laid out and delineated on the general map or survey of said Common lands, filed in the Clerk's office of said City, and called the East road, w^hich said piece of land, hereby granted, is bounded Westerly by the said East Road, Easterly by the said land of the said party of the second part, Northerly partly by land of Peter P. Van Zandt and partly by other of the said Common lands granted, or intended to be granted, to the said Peter P. Van Zandt, and Southerly by other of the said Common lands. Containing twenty-one acres, three roods and five perches, as the same is laid out in a map or survey thereto annexed. The Westerly line of the part on said map marked " 6 acres, 3 roods " represents the fence of said Hugh Gaine. (See fol- lowing deed and map thereunto annexed.) The said six-acre piece was probably intended to include the portion taken from the Commons by encroachment on the part of said Gaine and his grantors. 204: THE THOMAS ADDIS EMMET TRACT. Last Will and Testament j Dated 29th April, 1805 0/ \ Proved 2d May, 1807. Hugh Gaine. i 47 Wills, 11. I After providing for certain legacies and annuities the testator devises all the rest, residue and remainder of his estate, real and personal, to be equally divided between his four daughters, their heirs and assigns, the share of one of said daughters, how- ever, to be held by his executors in trust, as therein specified. He then provides as follows : " Item, I do hereby nominate and appoint my son-in-law, John Kemp, and my friends, Daniel McCormick and Richard Harison, to be the Executors of this my will, authorizing them, or the major part of them, or the survivors or survivor, to sell and dispose of my real estate for the purpose of paying my debts and securing my wife's said annuity, and for the purpose of making the said division of the residue among my children." Letters testamentary were issued to John Kemp and Daniel McCormick. See 47 Wills, 13. DEED. John Kemp and Daniel Mc- Cormick, Executors ^/HUGHf Dated nth May, 181 1, Q^jj^g^ \ Ack. nth May, 1811, to \ Rec. 28th May, 18 11. Robert Cheesebrough. \ 93 Conveyances, 455. Consideration, $14,850. Conveys all that certain dwelling-house and tract, piece or parcel of land, being part of the estate of the said Hugh Gaine, deceased, situate, lying and being in the Ninth Ward of the City of New York, on the West side of the old Post Road, and beginning at a point on the old Post Road at the North- east corner of the land late in the occupation of Mr. Harden- brook, and now in the occupancy of Cato Alexander, running THE THOMAS ADDIS EMMET TRACT. 205 thence North twenty-three degrees thirty minutes, East along the said old Post Road four hundred and sixty-nine feet nine inches ; thence running North eight degrees thirty minutes, East along the said old Post Road three hundred and three feet to land of Peter Prau Van Zandt, and now in the occupa- tion of John Van Zandt ; thence along the said land of Peter Prau Van Zandt, now in the possession of John Van Zandt, North forty-eight degrees, West three hundred and forty-five feet ; thence running North along the said last-mentioned land of Peter Prau Van Zandt, and now in the occupation of John Van Zandt, forty-four degrees. West two hundred and sixty-four feet ; North forty-one degrees twenty minutes. West along said last-mentioned land of Peter Pi'au Van Zandt, and now in the occupation of John Van Zandt, one hundred and seventy-eight feet and one-half feet to a stake placed on the East side of an intended road, laid down on a map thereof made by' William Bridges, City surveyor, called the Third or Harlem Avenue ; thence running along the East side of said intended road or Avenue to a stake on the North side of the said property, late in the occupation of Mr. Hardenbrook and now in the occu- pancy of the said Cato Alexander, two hundred and twenty- nine feet East of the stone fence on the estate of the said Hugh Gaine, which runs South forty-two degrees West ; thence run- ning from the said stake along the said property, late in the occupation of Mr. Hardenbrook, and now in that of Cato Alex- ander, as hereinbefore mentioned, South forty-eight degrees thirty minutes. East four hundred and ninety-one feet ; thence running South fifty-one degrees thirty minutes. East four hun- dred and eighty feet to the place of beginning. Containing about fifteen acres, be the same more or less (all of which may appear more fully by a map of said premises, dated the sixth day of April, in the year of our Lord one thousand eight hun- dred and eleven, by William Bridges, City Surveyor, and there unto annexed). 206 THE THOMAS ADDIS EMMET TRACT. Eliza Dyckman {zvidoiv) to Robert Cheesebrough. DEED. Dated 14th May, 1811, Ack. 14th May, 1811. Rec. 28th May, 18 11. 93 Conveyances, 460. Consideration, $10. Releases all interest in the same premises by same descrip- tion. DEED. Robert Chesebrough and j Dated 8th Oct., 1823. Content, /lis wife, I Ack. 8th Oct., 1823. to } Rec. 9th Oct., 1823. James Benedict. \ 169 Conveyances, 455. / Consideration, $5,000. Conveys same property by a similar description, the adjacent land being described as belonging to the persons who then owned them. DEED. James Benedict and Deborah, /it's wife, to Dudley Selden. Dated nth April. 1826. Ack. 19th April, 1826. Rec. 26th April, 1826. 202 Conveyances, 222. Consideration, $20,000. Conveys same premises by substantially the same descrip tion, and also block Eighty-eight of the Common lands. MORTGAGE. Dudley Selden and Mary Augusta, his zvife, to James Benedict. Covers same premises. To Secure $10,000. Dated nth April, 1826. Ack. 19th April, 1826. Rec. 26th April, 1826. 89 Mortgages, 297. THE THOMAS ADDIS EMMET TRACT. 207 Same to The Hudson Insurance Company. Covers same premises. The Hudson Insurance Com- pany to The President, Directors/ rt';/-^ Company ^/The Fulton' Bank of the City of Nezv York, Assigns above mortgage. MORTGAGE. To Secure $6,000. Dated 20th April, 1826. Ack. 24th April, 1826. Rec. 27th Jan., 1827. 100 Mortgages, 50. ASSIGNMENT. Dated 19th Jan., 1827. Proved 24th Jan., 1827. Rec. 27th Jan., 1827. 100 Mortgages, 54. Consideration, $6,000. IN CHANCERY. Before the Chancellor. James Benedict vs. Dudley Selden «;?,:/ Augusta M., his zvife, John B. Thorp, Phineas Freeman, The Hudson Insurance Company, the President, Direct- ors and Company of The Fulton Bank of the City of New York, the President, Directors and Com- pany of The Franklin Bank of\ the City of New York, James Kent, John K. Goodman, William Adee, John L. Norton, andTuE Mohawk Insurance Company of Neiv York. 1828 — September 16. Decree of foreclosure and sale entered Albany. 208 THE THOMAS ADDIS p:mmet tract. DEED. David Codwise, Master in Chancery, to Thomas Addis Emmet. Dated i8th Feb, 1829. Ack. 2 1 St Feb., 1829. Rec. 28th Mar., 1829. 248 Conveyances, 333. Consideration, $10,700. Conveys all the mortgaged premises by same description. Snu?/e^ en me £//uyma4 J^adid wmme// ^iac^. T 3 3 H T T 3 3 fl l^_Il_ii 5- — ?rr- L fi.NO 1 .* lis lU 5 i^ '1 i IU2. I m 5 (36 / (5a - p. /Jl .. ^ _J ni 62 (Ifc 117 11$ ((9 120 (11 121 12} 1^^ ns 126 (27 128 129 (30 1: .1 '"♦ i? 1/3 III III (06 lOS 1 ICLf (CJ (OZ ICI (CO J •99 9S Of yt 9.? 9u 03 £ l>0 i, '^- M .^ '^^ -<«. ^ 6 1 '■7 ^ - ■- i 2Se fi i*i+ ^i U6 1+1 k<6 1^9 JC 5( 52 53 S^ ss S(. i\ -° tiC :^ 39 1% ■ 37 1 33 32 31 30 29 Z% 27 2(j 25 2a 23 22 21 20 '-' ' 36 ^ ^ 3^ '5 S -.„. GO Cxi. o MAP I OA ; TH-e ESTATE Of ADA\ More.- cJAe i!^' nii/rnUu Sas/' cfo^hcx. cc m ccp /iecor<:^eci ore cEiiei /CO \ thai (Vui-i)'Jhoid COK^ncuL ■my C?i (Me t(/^ nir/'nufn6t.i^c/ C/ic L(J f ? i 5 ^ i « k fercR V//1A/ Z /> /V W 7- IU2 IHI luO /j» I3» 07 136 Hi A — ., -^- II) in fM < — loiT" i ^c^/A/ a; hcple'i nTTTTP fc. 5 ^^'"\ 111 IJO ,, in Mb ■ " (13 ,. „o lOS 107 106 i3 /o«. is 5 Jo S 79 103 (02 78 77 82 S3 ?a S5- ?6 87 " ^ ?9 90 ^ 92 93 .. yj 96 97 101 76 ^ 99 i; ^ 75- S 2 ' '" ^1 ^~^i::7i 3 - •" . |M — r "J 1.6 07 *« l<9 50 51 52 53 Sa- 5$ Sb Si « 59 Co 6( 67 6b 6. 65 6c 67 68 69 70 i S 7- ^"5 ^^ . J 5 73 a 7Z J9 7' 37 33 11 31 3c 29 2« 27 ^C 25 2u 23 22 il . (9 18 /T ll- IS ,. 13 12 II 10 9 s 7 C i 5 *+ 36 ' 3 '5 35- n s ^ ^ ^ ^1-5 jjv J ///l/^ 7"//^ ESTATE Of ADAM TR.EDW ELL. A/ore.- c7/ie M" nii/rnhvj Soif- e/QjALxd Gvoruit c(/ic fa/ttm frv?n a, m ap /ucor^tcf in U.lt(t 'fC7 rJ^ icrn^i-eva-n cdJ />oaf /,"», a,nc( 01 (Jit iiri nc/'iiufnie.i^t:/ (Ac (U'cl 'h.jctr,- c'tn^n ccnt,iifL,a'»ce aie tctUfi SQ o 6t6 Cow u 65 6^( 63 61 6; .. J-9 5-8 57 i'6 55 5V 5J n 5. 5 57 '"-S k 56 i ;? 27 '■" ^ § iS lb Su ■ , 25 ?l? 29 30 31 32 33 3i* 35 3fo 37 38 39 uo it/ UZ 1/3 5'J SI. i 23 ^ ^ fl s 5 2=^,orS 5 -,.^ 210 tHE ADAM TREDWELL TRACT. DEED. Jacobus Fabritius j Dated i8th July, 1677. to ) Not recorded but re- WlLLiAM WOUTERSE. \ cited in Liber 35 Con- ] veyances., 31 1. Conveys same premises. The distance of 120 rods given in this patent is not sufficient to reach the boundary of the common lands as given by Goerck. See map of the patents, ante page 119, for the location of the Westerly line of this patent according to the distance given in said patent. As appears from descriptions in deeds of adjacent property, this tract subsequently became vested in John Van Zandt, and after him in his son Peter Pra Van Zandt. The poi'tion of the tract in question which lies West of the Third Avenue was conveyed to the said Peter Pra Van Zandt by the following deed : DEED. i Dated 30th Mar., 1801. Recorded in Comptrol- ler's office, New York City, Liber E. City Grants, 48. Consideration, $264.64 Conveys all that certain piece of land, part of the common lands of the said City, and lying between the land of the said party of the second part and the road laid out and delineated on the general map or survey of the said common lands filed in the Clerk's office in said City and called the East Road, which said piece of land, hereby granted, is bounded Westerly by the said East Road, Easterly by land of the said party of the second part. Northerly by other land of the said Common lands, granted, or intended to be granted, to William and Abraham K, Beekman, and Southerly by other of the said common lands. THE ADAM TREDWELL TRACT. 211 granted, or intended to be granted, to Hugh Gaine, as the same is laid out on a map or survey hereunto annexed. Containing Thirteen acres and two roods and twelve perches. Last Will and Testament Dated 5th Oct., 1810. of \ Proved i8th Sept., 18 12. Peter Pra Van Zandt. \ 5o Wills, 291. After certain legacies, etc., and a devise to his wife of all the rents and profits of his real estate receivable or collectable by his Executors out of his said estate, in lieu and bar of dower, he provides as follows: " Item, I give, devise and bequeath unto my son, John Van Zandt, the old farm whereon he now lives, adjoining the property late of Hugh Gaine, and running from the old Harlaem Road to the East Road, as the same is now in fence, be the number of acres more or less (excepting and reserving a certain inclosure, part of the said farm here- inafter devised to my sons Peter and James). To have and to hold the same, after the death of my said wife, unto my said son John and his heirs forever. And it is my will that my said son John and his family shall have the sole and exclusive privi- lege of using, occupying and cultivating the said old farm and of residing in the dwelling-house and using the buildings erected thereon, during my wife's life, without paying any rent or com- pensation therefor, he, the said John, paying the taxes for the same during that period. ****** Item, I give, devise and bequeath unto my sons Peter and James a piece of land (being part of the old farm), as the same is now in fence, to be equally divided between them. The said piece of land is bounded Northerly by Beekman's land. Easterly by the new road leading from Inklumburgh to the Dove Lots, and South- erly and Westerly by parts of the old farm hereinbefore devised. The said Peter to hold the Northerly moiety thereof after the 212 THE ADAM TREDWELL TRACT. death of my said wife, to him and his heifs forever, and the said James to hold the Southerly moiety thereof after the death of my said wife, to him and his heirs forever." The following conveyances were made by James Van Zandt and Peter Van Zandt of the excepted portions of this tract which were devised to them by the above will : DEED. James Van Zandt and \ Dated 26th Sept., 1825. Experience, his wife, ( Ack. ist Oct., 1825. /o } Rec. 1st Oct., 1825. John R. Hedley. \ 198 Conveyances, 6S. / Consideration, $1.00. Conveys all that certain piece of land, part of the old farm of Peter Praa Van Zandt, late of the City of New York, de- ceased. Bounded Northerly by land of Peter Van Zandt, East- erly by the new road leading from Inkleburgh to the dove lots (now called the third Avenue), and Southerly by land conveyed to Peter P. Van Zandt, attorney-at-law, by the said parties of the first part, in and by a certain deed bearing even date with these presents, and Westerly by part of the old farm aforesaid now belonging to Stephen Thorne, it being part of that piece of land devised, in and by the last will and testament of the said Peter Praa Van Zandt, to the said James Van Zandt, as by reference to the said will will more fully and at large appear. DEED. James Van Zandt and j Dated 26th Sept., 1825. Experience, kis wife, f Ack. ist Oct., 1825. to f Rec. 1st Oct., 1825. Peter P. Van Zandt. \ 198 Conveyances, 70. J Consideration, $1.00. THE ADAM TREDWELL TRACT. 213 Conveys the Southerly part of all that certain piece of land, being part of the old farm of Peter Praa Van Zandt, lately of the City of New York, deceased. Bounded Northerly by land conveyed to John R. Hedley and Ann Eliza, his wife, on the day of the date hereof, by the said parties of the first part, East- erly by the new road leading from Inklinburgh to the dove lots (now called the Third Avenue), and Southerly and Westerly by parts of the old Farm aforesaid now belonging to Stephen Thorne. Containing in width in front and rear forty-two feet, and extending to the full depth of the aforesaid parcel of land. DEED. Peter Van Zandt and i Dated 13th Jan., 1826. Sarah, his wife, \ Ack. 13th Jan., 1826. to } Rec. 28th Jan., 1826. Lewis Kelly. \ 198 Conveyances, 432- / Consideration, $700. Conveys all that certa'in piece or parcel of land situated in the twelfth (late ninth) Ward of the City of New York, on the West side of the Third Avenue. Commencing on the third Avenue, at the Southeast corner of lands now or late belonging to William Beekman, and running from thence Westwardly along lands now or late of William Beekman three hundred and ninety-seven feet ; thence Southwardly along lands belong- ing to Stephen Thorne one hundred and fourteen feet and six inches ; thence Eastwardly along lands belonging to the heirs of James Van Zandt, deceased, three hundred and seventy-seven feet and six inches, agreeably to the map hereunto annexed, made by Thomas R. Ludlam, City Surveyor, dated January, one thousand eight hundred and twenty-six, and conrammg one acre and fourteen perches. 214 THE ADAM TREDWELL TRACT. MORTGAGE. John Van Zandt and j To Secure $10,000. Sarah, Ms wife, I Dated 24th Nov., 181 2. /o } Ack. 7th Dec, 1812. Jeremiah Mallough. \ Rec. 8th Dec, 181 2. / 29 Mortgages, 70. Covers all that certain lott, piece or parcel of land situate, lying and being in the Ninth Ward of the City of New York, near the five-mile stone and the old Post Road, late belonging to the estate of Peter P. Van Zandt, deceased, as the same w^as devised by him to the said John Van Zandt. Butted and bounded as follows, to wit : Easterly on the Post Road, Northerly by land now or late belonging to Abraham V. Beekman, in the rear by the Fourth Avenue, Southerly by land of Robert Cheese- borough and lands of Hugh Gain, deceased, on the Easterly side on the old Post Road seven hundred and nineteen feet ten inches, Northerly by lands of A. V. Beekman, as aforesaid, two thous- and and eighty-five feet, on the Fourth Avenue seven hundred and twenty-one feet, on the Southerly side one thousand eight hundred and forty-one feet. Containing in the whole twenty- four acres, three roods and thirty poles and one-fourth of a pole. Excepting and reserving therefrom, nevertheless, a certain plot or piece of land on the Northerly side of the said tract devised by the said Peter P. Van Zandt to his sons Peter and James. Containing one acre, three roods and twelve and an half poles. IN CHANCERY. Before Chancellor. Jeremiah Mallough vs. John Van Zandt and Sarah, his"^ wife, Gilbert Shotwell, Andrew | Brunn, Joseph Neal and Naomi, his wife, and Stephen Latham. THE ADAM TREDWELL TRACT. 215 1814 — November 15. Bill filed to foreclose above mortgage. 1815 — March 17. Answ^er of Andrew Brunn, filed. March 29. Answer of John Van Zandt, filed. May 13. Answer of Sarah Van Zandt, filed. May 26. Replication, filed. May 30. Order pro confesso against defendants Neal and wife and Latham. June 23. Order of reference to Master to compute amount due. June 29. Master's report, filed. June 29. Decree of foreclosure and sale entered. August 15. Report of sale, filed. !DEED. Dated 24th Aug., 181 5. Ack. 24th Aug., 1815. Rec. 26th Aug., 1 81 5. 1 1 1 Conveyances, 148. Consideration, $13,000. CoNVE^ s all the mortgaged premises by substantially the same description. Last Will and Testament j Dated 12th Sept., 1827. 0/ \ Proved 28th May, 1828. Stephen Thorne, Jr. \ ^^ Wills, 148. After sundry devises and legacies the testator provides as follows : " I give and devise to the said Adam Tredwell, Lef- fert Lefferts and my executors hereinafter named, the survivors and survivor of them and the heirs of such survivor, all and sin- gular my lands, tenements and real estate, of every kind and 216 THE ADAM TREDWELl TRACT. nature and wheresoever situate. In trust to sell and dispose of the same, as soon after my decease as can conveniently be done, for cash or upon a reasonable credit, and in such parcels and manner as my said executors, the survivors or survivor of them, shall think most beneficial, and in the meantime, and until such sale or sales shall be made, to receive the rents and profits thereof; and I direct that the net proceeds of the sales and income thereof be applied, together with my personal estate, towards making good and paying the legacies hereinbefore mentioned and bequeathed. And as to any surplus which may remain of the net proceeds of the sales of my said real estate, and also of my personal and other estate after satisfying the legacies aforesaid and all other lawful charges against my estate, I give and bequeath the same to the children which may be living at my decease of my said brother Edward, equally to be divided between them, share and share alike ; and in case it should so happen that any of his children should, at the time of my decease, be dead, leaving lawful issue then living, such issue shall take the share to which the parent thereof, if li\ing, would have been entitled. I hereby nominate and appoint the said Adam Tredwcll, Leffert Leflerts, and the survivors and survivor of them. Executors of this my will, hereby giving to them, or to the major part of them, who shall for the time being be ni}' acting Executors, full power to execute all and singular the trusts herein contained." By codicil dated i6 April, 1S28, the testator appoints John C. Freake and Seabury Tredvvell also executors of his said will, giving them the like powers and trusts as to the Executors named in the wdll. Letters Testamentary were granted to Adam Tredwell and Lefl^ert Leflerts on 28 May, 1828. See Liber 62 Wills, 152. THE ADAM TREDWELL TRACT. 217 The children of Edward Thorne, who were named as residu- ary legatees in the preceding will, were Stephen R. Thorne and Abraham B. Thorne. The bill in the following suit states that the debts and legacies were then all paid or provided for. IN CHANCERY. Before Chancellor. Adam Tredwell Leffert Lefferts, Stephen R. Thorne and Abraham B. Thorne. 1839 — March 5. Bill filed, asking leave to purchase the farm in question, at a sale to be made under the direction of the Court. May 16. Answer of Letlert Lefferts, filed. May 16. Answer of Stephen R. Thorne and Abra- ham B. Thorne, by Seabury Tredwell, their guardian, filed. June I. Order of reference on facts stated in bill. June 6. Master's report, filed. November 4. Decree entered, allowing Adam Tredwell to become the purchaser of said tract, and providing that his title shall be as valid as if he was not such trustee and executor, but that said tract shall be sold at public auction under the direc- tion of Thomas Bolton, Master in Chancery, after three weeks' notice in one or more papers, and that said Master shall join in such conveyance. 218 THE ADAM TREDWELL TRACT. Adam Tredwell and Lef- FERT Lefferts, Executors of \ DEED Stephen Thorne, Jr., of 1st part, and Thomas Bolton, Master in Chancery, of 2d part, to Dated 24th Feb., 1830. Ack. 3d Mar., 1830. Rec. nth Mar., 1830. 258 Conveyances, 612. Consideration, $1,087.50 Benjamin M. Tredwell, of 'i^d part. Conveys the one equal undivided moiety or half part of all that certain piece or parcel of land situate, lying and being in the Ninth Ward of the City of New York, formerly belonging to the estate of Peter P. Van Zandt, deceased. Butted and bounded as follows : Easterly on the old Post Road, Northerly by land now or late of Abraham Beekman, Westerly by the Third Avenue, and Southerly by land late of Robert Chees- borough, now of Thomas A. Emmet, this piece of parcel of land being divided by Sixty-first street, and containing, exclusive of said Sixty-first street, ten acres and one-quarter of an acre, be the same more or less. Also the one equal undivided moiety or half part of all that certain other piece or parcel of land, situate, lying and being in the Ninth Ward of the City of New York aforesaid, late belong- ing to the estate of the said Peter P. Van Zandt, aforesaid, deceased, on the West side of the Third Avenue aforesaid, and opposite the piece or parcel of land herein last above conveyed and described. Butted and bounded as follows : on the East partly by the Third Avenue and land of John R. Hedley, on the North partly by the said land of John R. Hedley and partly by land of Abraham K. Beekman, Westerly by the Fourth Avenue as the fence now stands and to the extent which the WEST OF THIRD AVENUE. 219 conveyance to the said Adam Tredwell and Stephen Thorne, Jr., includes, and Southerly by land now or late of Robert Cheesborough. Containing about twelve acres, be the same more or less. Benjamin M. Tredwell and Thomas Bolton, Master in^ Chancery, to Adam Tredwell. DEED. Dated 24th Feb., 1830. Ack. 9th Man, 1830. Rec. nth Mar., 1830. 258 Conveyances, 617. Consideration, $1.00. Conveys all and singular the premises, pieces or parcels of land described and conveyed by the foregoing indenture to the said Benjamin Tredwell. The division line between lots 93 and 88 of the common lands did not run exactly parallel with Sixtieth street, but inter- sected the Southerly side thereof near Fourth Avenue. Adam Tredwell conveyed this small gore South of Sixtieth street to William Beach Lawrence. See Liber 333 Conveyances, i ro. The rest of the portion West of Third Avenue was conveyed by the following deed : Adam Tredwell and Jane, Jiis wife, to Cortland Palmer and Henry H. Elliott. DEED. Dated 12th May, 1835. Ack. 13th May, 1835. Rec. 25th May, 1835. 338 Conveyances, 41. Consideration, $60,000. Conveys all that certain tract, piece or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, bounded Easterly by the Third Avenue, Southerly by the centre 220 THE ADAM TREDWELL TRACT. , of Sixtieth street, Westerly by the Fourth Avenue, and North- erly by lands now or formerly of Abraham K. Beekman. Con- taining between eleven and twelve acres, be the same more or less. Beginning at a point on the Westerly side of the Third Avenue, where a line drawn through the centre of Sixtieth street would intersect said sti-eet ; thence Westerly along said line about nine hundred and twenty feet to the Fourth Avenue ; thence Northerly along the Fourth Avenue about six hundred and eleven feet six inches to lands now or formerly of Abraham K. Beekman ; thence Easterly along said Beekman's land about five hundx'ed and twenty-four feet to land late of John R. Hed- ley ; thence Southerly along said Hedley's land about two hun- dred and forty-two feet ; thence Easterly along said Hedley's land about three hundred and fifty-seven feet to the Third Avenue ; thence Southerly along the Third Avenue about three hundred and ninety-three feet ten inches to the place of begin- ning, be the said dimensions more or less. MORTGAGE. iTo Secure $30,000. Dated 12th May, 1835. Ack. 13th May, 1835. Rec. 25th May, 1835. 184 Mortgages, 271. Covers same premises by same description. The said Adam Tredwell died seized of the greater portion ofthe tract in question which lies East of the Third Avenue, leaving a will as follows : Last Will and Testament I Dated 3d Dec, 1839. 0/ \ Proved 22d June, 1852. Adam Tredwell. \ 104 Wills, 278. EAST OF THIRD AVENUE. 221 After certain legacies and si^ecific bequests the testator pro- vides as follows : " Ninth. I do hereby give, devise and bequeath to my said Executors, or such of them as niay qualify, and to the survivors and survivor of them, all and singular my house- hold furniture. ******** And also the one- fourth part of the rest, residue and remainder of my property and estate or other proportion thereof intended for, or which, under this my will, may fall to the share of my daugliter, Elizabeth K. Titus, the wife of James H. Titus. To Have and to Hold the same to them my said Executors or the survivors or survivor of them, but in trust nevertheless for the sole and separate use and benefit of my said daughter, Elizabeth K. Titus, and not liable or subject in any manner to the use, bene- fit, management, control, debts or liabilities, either present or future, of her said husband, the said James H. Titus, for and during the lifetime of my said daughter, and in case her said husband survives her, then and in that case during his own life, in regard, however, only to the said store and lot on Beekman Street. And my said Executors are hereby authorized and directed to suffer and permit my said daughter to use and pos- sess the said furniture for the purpose of housekeeping, without paying any rent or other compensation therefor ; and they are also further authorized and directed to rent and lease or demise the aforesaid two stores at their best discretion, and receive the rents, issues and profits thereof, and to put all necessary and proper repairs thereon from time to time ; and they are also hereby authorized to keep the same continually and sufficiently insured against loss or damage by fire ; and they are hereby authorized and directed to invest and improve all and singular the other property and estate, both real and personal, hereby devised and bequeathed to them in trust for my said daughter, the said Elizabeth K. Titus, and to pay over the net rents, issues, profits and other income of all and singular the property and estate, both real and personal, hereby devised and bequeathed 222 THE ADAM TREDWELI. TRACT. to my said Executors in trust for my said daughter, Elizabeth K. Titus, to her from time to time, upon her own separate receipt therefor, which she is hereby authorized and empowered to give during and notwithstanding her existing coverture, and for her own separate use and benefit. And I do hereby fully authorize and empower my said daughter, at any time during her life, and notwithstanding her marriage, and whether she have issue hereafter or not, by her last will and testament or other instrument of appointment, to be executed by her, under her hand and seal, in the presence of two or more attesting wit- nesses, and to take effect upon her death but not before, to give, devise, limit and appoint, at her own free will and pleasure, and to such person or persons and under such limitations and restrictions as she may deem proper, any sum out of the trust estate for her benefit, other than the aforesaid two lots and stores, not exceeding fifteen thousand dollars. And I do hereby direct and authorize my said Executors to pay and apply the said sum so to he appointed by her, agreeably to such her appointment thereof And should my said daughter die in the lifetime of her said husband, whether she shall have left issue or not, then and in that easel do hereby authorize and empower my said executors to pay over to him the rents and profits of the said store and lot in Beekman Street for and during the residue of his natural life, to be paid by them into his own hand and upon his own receipt, as and when the same shall be received by my said ^^ "' '\ __1 • ..|. • i s — ' ■~~^ ■ L_ _ irwiii THE ABRAHAM AND WILLIAM BEEKMAN TRACT. The Eastern portion of this tract is inckided in the following patent : PATENT. Sir Edmund Andros, / Dated 13th Mar., 1676. Governor, etc., f Recorded in Secretary to f State's Office at Al- Jacobus Fabricius. \ t>a"y- / 4 Patents, 117. " Whereas there is a certain piece of land lying in common upon this Island Manhattans, the which, by virtue of my war- rant, hath been laid out for Mr. Jacobus Fabricius, being in breadth by the river side eighty rods, and in length one hun- dred and twenty rods. Containing sixty acres. Bounded to the Northeast by the land of Cornelius Matt} sen, to the South- west by lott number four, and to the Northwest by the Com- mons, as by the return of the survey under the hand of the sur- veyor doth and may appear." Conveys said premises to the patentee, reserving " a quitt rent of halfe a bushell of good winter wheate." MAP (' «; .^ «/-^ "/ It / f'j '•/ // 'J - '■■ _____^.. 5 m: f ■ ; I S '= ~- '. ^ i : -^ -■■ =! S •^ ,' -^ ' s JS 1 1' L:^ " - K ? i< v< I ■ " : , , ' '■ k 1.. % t 5 _J b , 1 — ^r~ ; 3 -vi :: : ■>« a MM i-r- ^ ■,. .;JMr IT ^ ■^ V •=s ■«rj» ■ t J [w" BE (KM AN i ABU AHA M A'. flf£ /('A''' « o. ■ " I | ilcpuj ,, f,luf,^.,eun 7ltl.0S TIlJT^iq.slM of/to 1 1 is slid- .fu,.! 1 ! ' i ! i 1 1 1 ..^ W^' 1 njMH.j .sjjsn!Hs>j£ 61-' 2'2S THE ABRAHAM AND WILLIAM BEEKMAN TRACT. DEED. Jacobus Fabricius j Dated i8th July, 1677. to > Recited in Liber 35 Con- William WOUTERSK. \ veyances., 3 II . I Conveys same premises. The Northeasterly half part of said patent, which is the part now in question, as appears from recitals in the deed herein- after set forth, recorded in Liber 35 Conveyances, page 311, was conveyed by the said William Wouterse and Angenitie, his wife, to Peter Buckholst, by deed dated 28 February, 1686, and by the said Peter Buckholst and Elsie, his wife, to Jan Van Seuenhoven, who devised the same to his wife for life, remain- der in fee to his daughter Anneke, wife of Nicholas Dyckman. The said Anneke and Nicholas Dyckman thereafter, by lease and release dated 17th and ]8th May, 1751, conveyed the same premises to David Devoore, Jr. LEASE. David Devoore, Jun., J Dated 29th April, 1760. to f Proved 4th June, 1760. William Beekman, Jun., auu^ l^ec. 4th June, 1760. Abraham Beekman. \ 35 Conveyances, 310. ___^_ J Considerat'n, 5 shillings. Demises for one year all that certain piece or parcell of land, with the messuage and buildings thereon erected, scituate, lying and being in the outward of the City of New York, adjoining to the East River, being the Northeasterly half of a certain tract or parcell of land, granted in fee by Sir Edmund Androse, formerly Governour of this Province, to Jacobus Fabritius and his heirs, in breadth by the River side eighty rods and in length one hundred and twenty rods, containing sixty acres. Bounded to the Northeast by the land of Cornelius THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 229 Mattyson, to the Southwest by lot number four, and to the North by lands of the Mayor, Aldermen and Commonalty of the City of New York, which said Northeasterly half of the said tract in its present location is bounded on the Northeast by land of John Boss, and on the Southwest by land of John Van Zandt, on the Southeast by the River, and on the North- west by lands of the Mayor, Aldermen and Commonalty of the City of New York. Containing thirty acres. RELEASE. David Devoore, Jr., and 1 Maritie, his zvife, I Dated 30th April, 1760. to \ Ack. 5th May, 1760. William Beekman, Jun., and[ Rec. 4th June, 1760. Abraham Beekman. ] 35 Conveyances, 311. _^ / Consideration, ^^820. Releases same premises by same decription. Dated 2d Aug., 1788. Last Will and Testament of V Proved 28th Oct., 1789. Abraham Beekman. \ 4o Wills, 304. After certain legacies the testator provides as follows : " And it is my will and I do give and bequeath unto the said Abraham Van Gelder the privilege of living and a maintenance on the farm which I hold in common with my said brother, William Beekman, as long as he, the said Abraham Van Gelder, shall think proper. Item, I do give and devise unto my beloved nephew, Abraham K. Beekman, second son of my brother, James Beekman, one equal undivided half part of the farm on which I now reside, situate in the outward of the City of New York, and which I hold as aforesaid in common with my said brother, William Beekman. ******** To have and to hold all and singular the said land, ground, estates 230 TME ABRAHAM AND WILLIAM BEEKMAN TRACT. hereditaments and premises above mentioned, with their, and every of their, rights, members and appurtenances, unto my said nephew, Abraham K. Beekman, his heirs and assigns, to his and their only proper use and benefit and behoof forever." The distances given in the patent above set forth are not suffi- cient to carry the Westerly boundary of the premises thereby conveyed as far West as the line of the Common Lands which is given by Goerck. (See map of the patents ante page 119.) DEED. The Mayor, Aldermen and Coin monalty of the City of Neiv Yorkf Dated 30th Mar., 1801 Recorded in Comptrol- ler's office, Liber E. William Beekman aiid V city Grants, 50. Abraham K. Beekman. \ Consideration, $718.38 Conveys all that certain piece of land, part of the common lands of the said City, and lying between the lands of said par- ties of the second part and the road laid out and delineated on the general map or survey of the said common lands filed in the Clerk's office oj'' the said City and called the East Road, which said piece of land, hereby granted, is bounded Westerly by the said East Road, Easterly by land of said party of the second part. Northerly by other of the said common lands, and Southerly by other of the said common lands granted or intended to be granted to Peter Pra Van Zandt, as the same is laid out on the map or survey hereunto annexed. Containing fifteen acres, one rood and sixteen perches. Last Will and Testament \ Dated 6th Oct., 1807. of \ Proved 19th Sept., i8c William Beekman. \ 47 Wills, 416. THE ABRAHAM AND WILLIAM REEK MAN TRACT. 231 " First. I will and direct that all my just debts and funeral charges be paid by my Executor in a convenient time after my decease. Second. Whereas my late uncle, Abraham Beekman, deceased, hath devised and bequeathed the greater part of his Estate to my brother, Abraham K. Beekman (to the exclusion of all my other brothers and Sisters), therefore I give and bequeath unto my said beloved brother Abraham a Suit of Mourning and a G6ld Mourning Ring only, as a pledge of my fraternal affection for him. Third. And all the rest and residue of my Estate, both Real and personal, whatsoever and where- soever situated, I give, devise and bequeath unto my beloved brothers, James Beekman, John Beekman, Gerard Beekman and Samuel Beekman, and unto my beloved Sisters, Jane (the wife of Stephen V. Cortlandt), Catharine (wife of Elisha Bou- dinot), Mary (wife of Stephen N. Bayard), and Cornelia (wife of Isaac B. Cox), to each of them, their Heirs and assigns for- ever, one equal eighth part or share thereof to be divided between them as Tenants in common and not as joint tenants. Never- theless it is my will that if my said sisters, or either of them, should die without leaving Issue at the time of her death, that then the respective share or shares of my Estate, to which she or they would have been entitled by Virtue of the former clause in this my last will and testament, shall vest in Fee Simple in my surviving brother or brothers, sister or Sisters, and the issue of such of them as may then be dead, share and share alike, such issue to take equally such portion only as would have gone to his or their parents, if living; and the property which shall so survive to any of my Sisters shall likewise be liable to survive in the same manner as the pro- perty so directly devised to them and on the like conditions. Lasdy, I make and ordain my said brothers, James, John, Gerard and Samuel Beekman, to be Executors of this my last will and Testament, hereby utterly disallowing and revoking all former wills by me made, and giving my said executors, the 232 THE ABRAHAM AND WILLIAM BEEKMAN TRACT. survivors or survivor of them, full and ample power to dispose of all or any part of my real estate, whatsoever or wheresoever situate, either at public or private sale, in such manner and at such times as they may think proper, with full power to execute good and sufficient conveyances in the law to the purchasers thereof, their heirs and assigns." Abraham K. Beekman entered into an agreement, dated 3Sth September, iSoS, with the devisees of said William Beekman to divide said farm into two equal parts, and appointed Thomas Marston, Edmund Seaman, and Francis B. Winthrop Commis- sioners, to make such partition. The said Commissioners duly made their award by instrument dated 17th November, 1808, in pursuance of which the following deeds of partition were exe- cuted : Abraham K. Beekman and Joanna, Jiis wife, to James Beekman and Lydia, his wife, John Beekman audi Mary, his 7£^z/>,Gerard Beek-1 MAN, Samuel Beekman, Ste- phen Van Cortlandt and[ Jane, his luife, Elisha Bou- DiNOT and Catharine, his wife, Stephen N. Bayard atid Mary, his %vife, ISAAC B. Cox a// zt:'//"(i',GERARD Beek- / PARTITION DEED man, Samuel Beekman, Ste-I ^ , , PHEN VAN CORTLANDT and\ Dated 4th Feb., 1 809. Jane, his wifl, Elisha Bou-l t ,'T ^^^^' '^'^' DixoT and Catharine, /,,>> Rec.^ 5th June, 1809. wife, STEPHEN N. Bayard §3 Conveyances, 193. and Mary, his wife, Isaac B.^ Consideration, $1.00. Cox and CORNELIA, his zvife to Abraham K. Beekman. Conveys all that part of the said tract of land which lies on the Northeasterly side of the line of partition, so made and award as aforesaid, which line of partition is described as in previous deed. Last Will and Testament Dated 30th Oct., 18 16. of \ Proved 27th Dec, 18 16. Abraham K. Beekman. \ 53 Wills, 431. After sundry specific devises and legacies he provides as fol- lows : "Item, I do hereby give, devise and bequeath unto my said wife, Johannah, the use and income of my farm and Home- stead in the Ninth Ward of the City of New York, for and dur- ing her natural life, to be kept in repair by my executors as hereinafter provided. And I do further give, devise and be- queath unto my said wife, Johannah, the sum of two thousand five hundred dollars annually, to be paid to her by my executors, hereinafter named, from and after my decease, and for and dur- ing her natural life, yearly, and every year in half yearly pay- ments for the support and maintenance of herself and her house- THE ABRAHAM A\D WILLIAM BEEKMAN TRACT. 235 hold. ********* Item, the executrix and executors of this my last will and testament (hereinafter named), and the majority of them, the survivors and survivor of them, and the heirs of such survivor, are hereby fully authorized and empowered in execution of the powers, duties and trusts to them committed -by this my last will and testament, to sell and con- vey all and any part of my real estate (my said farm and Home- stead during the. lifetime of my said wife only excepted) at their discretion for such price or prices as they shall deem sufficient, or to lease or demise the same. ***** And good and sufficient deeds of release and other conveyances and leases to the purchasers or lessees thereof, to make and execute for the purposes aforesaid. And such sales to make by public auction, or otherwise, as they may deem most proper and necessary ; and I do hereby ratify and confirm all and whatso- ever my said executors, or the majority of them, shall do in the premises. Item, all the rest, residue and remainder of my real estate, whatsoever and wheresoever the same may be, I give, devise and bequeath the same and every part and parcel thereof unto my Executors hereinafter named, the survivors and survivor of them, and the heirs and assigns of such survivor, In trust, nevertheless, for the use and purposes hereinafter mentioned, that is to sav. First, that my said Executors, the survivors or sur- vivor of them, shall, as soon as may be after my decease, pay and discharge all my just debts and funeral charges as aforesaid ; and should not my personal estate, to them hereinbefore devised, be sufficient for that purpose, then, and in such case, they are hereby fully authorized and empowered to sell and convey such and so much of my residuary I'eal estate in them vested as aforesaid, as shall in their discretion be deemed proper and necessary. Secondly, from the income or proceeds of such estate, real or personal, they shall pay and discharge all taxes and assessments which shall, from time to time, become due and payable out of, or for any part of my estate in them 236 THE ABRAHAM AND WILLIAM BEEKMAN TRACT. vested, in trust, as aforesaid, for and during the continuance of said trust, and until the}' shall have fully discharged them- selves therefrom, as by this my will is directed. Thirdly, from the income or proceeds of such estate, real and personal, they shall keep and maintain, in good and sufficient repair, according to their own discretion, and during the natural life of my said wife, the buildings, fences and other improvements now being on my said farm or homestead, in the Ninth Ward of the City of New York, and pay all taxes and assessments which shall become due and payable thereon during the said term. Fourthly, they shall provide a sufficient fund for the payment to my said wife of the annuity of two thousand five hundred dollars hereinbefore devised to her yearly and every year during her natural life, and in half yearly payments as aforesaid. Fifthly, as soon as my said executors, or the survivors of them, have paid and discharged my debts and funeral charges as aforesaid, and made provision for all the purposes hereinbefore directed to be provided for, they shall then divide my whole resid- uary estate, real and personal, into seven equal parts, or shares, as nearly alike in value as may be ; and shall divide the same unto and among m}- brotliers and sisters hereinafter named, each one equal seventh part or share thereof, to-wit : to my brothers James Beekman, John Beekman and Gerard Beekman, and to my sisters Jane, the wife ot Stephen Van I'ortlandt ; Catherine, the wife of Elisha Boudinot, and Mary, the wife of Stephen N. Bayard, to whom respectively they shall convey the same, and to their several and respective heirs and assigns forever; and as for and respecting the remaining one equal seventh part or share thereof, they shall continue to hold the same in Trust to and for the use, benefit and behoof of my sister Cornelia, the wife of Isaac B. Cox, as hereinafter directed and provided ; and good and sufficient deeds of conveyance or partition unto and among my said brothers and sisters (Cornelia Cox only excepted) for their several and respective proportions of my said estate, to them. THE ABRAHAM AND WH.LIAM REEKMAX TRACT. 237 their heirs and assigns forever, respectively to make and execute. Subject, nevertheless, to the estate for life in my said farm, farm or homestead, hereinbefore devised to my said wife, Johannah, v^hich my said farm or homestead may be divided among and by my said brothers and sisters as aforesaid, but shall not be sold or conveyed to any other person or persons during the life- time of my said wife. Item, it is my will and intention, and I do hereby order and direct (anything in this my last will and testament to the contrary notwithstanding) that the part or share of my estate, real and personal, hereinbefore devised to my executors in trust to and for the use of my sister Cornelia, the wife of Isaac B. Cox, her heirs or assigns, or to which she might in anywise be entitled by virtue of this my last will and testa- ment is and shall be vested in my executors hereinafter named, and in the survivors or survivor of them, and the heirs of such survivor, In Trust, for the following uses and purposes and no other, that is to say : The Rents, Issues and profits thereof, and of every part thereof, to be applied by the said Trustees, or the survivor of them, or by the heirs of such sui-vivor, to the sole and only use of my said sister, Cornelia, during her natural life, and from and after her decease to the sole and only use of her children then living, if any, and of the sur- vivors or survivor of them ; and to be paid as aforesaid, to her or them, or to her or their use, at the discretion of the said Trustees, or of the survivor of them, from time to time, in such manner as the said Trustees in their discretion shall judge most for the advantage of my said sister and of her children for and during the lifetime of her husband, Isaac B. Cox ; but if it shall so happen that my said sister, Cornelia, shall survive her said husband, then and in such case the said Trustees, the survivors or survivor of them, shall then convey unto her, my said sister, Cornelia, her heirs and assigns forever, all and singular, the said one equal seventh part or share of my said residuary estate, real and personal, and all other the estate, 238 THE ABRAHAM AND WILLIAM BEEKMAN TRACT. real and personal, so as aforesaid, in them vested in Trust for her use as aforesaid in fee simple, and assign, transfer and deliver over and pay to her all such sum or sums of money, or other effects, the proceeds of such estate as may then be in their hands. And if it shall so happen that my said sister, Cornelia, shall depart this life before her said husband, then the said Trustees, the survivors and survivor of them shall apply the rents, interests and profits of the said estate, or as much thereof as shall be necessary therefor, to the support and education of the child or children she may leave until they respectively attain to the age of twenty-one years ; and at the time when they shall respectively attain to the age of tw^enty-one years, I do hereby direct the said Trustees, and the survivor of them, and the heirs of such survivor, to divide the same equally between the said children of my sister, Corneli;^, then living, share and share alike, and to execute deeds accord- ingly. But if only one of the children of my said sister, Cornelia, should attain to the age of twenty-one years, then such child shall have the whole of his or her mother's share and interest in my said estate, real and personal, then in hands of the said Trustees, or the survivor of them or of his heirs ; and in case all the children of my said sister, Cornelia (so surviving her as aforesaid), should depart this life before they, or any of them, should attain to the age of twenty-one years, and without issue, then, and in such case, I order and direct that the said trustees, and the survivor of them, and the heirs of such survivor, shall convey, in fee simple, the whole of the said one equal seventh part or share of my said estate, real and personal, and all other the real estate so vested in them in Trust, as aforesaid, and all other the personal estate so vested in them, as aforesaid, and then in their hands unex- pended, and shall pay over the interest or other proceeds thereof which may then be unexpended in their hands to the like uses and purposes, and in the same manner and proportions, and to THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 239 the same persons (if living, or if deceased, to the respective heirs of such persons) to vi^hom the other sixth seventh parts or shares of my said residuary estate is bequeathed in this my last will and testament. And in case the said Trustees shall, in their discretion, at any time think it most for the advantage of my said sister, Cornelia, or of her children, to sell the real and per- sonal estate hereby intrusted to them, or any part thereof, I do hereby authorize ar?d empower the said Trustees, and the survi- vors and survivor of them to sell the same ; and proper deeds or other conveyances to execute therefor, and the proceeds thereof to be placed in such funds as the said trustees, or the survivor of them shall judge safest ; and the interest to be applied as afore- said, and the principal to be divided and paid as aforesaid. And lastly, I hereby nominate, constitute and appoint my be- loved wife, Johannah, to be an Executrix ; my beloved brothers, James Beek man, John Beekman and Gerard Beekman, and my brother-in-law, Stephen N. Bayard, to be Executors of this my last will and testament, hereby utterly disallowing and revoking all former wills by me made." Letters Testamentary granted to Johannah Beekman, John Beekman and Gerard Beekman. See Liber 53, Wills 444. Catherine Boudinot, zvidcm to DEED. Dated 13th June, 1821. Recited in bill in the John Beekman. \ following partition suit. Conveys all and singular one equal undivided seventh part or share of the said Catharine Boudinot, belonging, whether in possession or reversion of the real estate hereinbefore set forth as derived under and from the last will and testament of Abra- ham K. Beekman. deceased. 240 THE ABRAHAM AND WH.LIAM BEEKMAN TRACT. DEED. Stephen Van Cortlandt anti j )AKE, /lis w/fc, ( Dated 13th June, 1821. fo / Recited in bill in the John Beekman. \ following partition / suit. Conveys all and singular one equal undivided seventh part or share of the said Jane Van Cortlandt, belonging, whether in possession or reversion of the real estate hereinbefore set forth as derived under and from the last will and testament of Abra- ham K. Beekman. We will now trace the title of the portion of the farm in ques- tion set apart as the share of the devisees of William Beekman, ante page 232. ^ Last Will and Testament i Dated 27th Dec, 1808. 0/ \ Proved 18th Mar., 18 16. Samuel Beekman. \ 53 Wills, 135. " Item, and as to my Real Estate, whatsoever and whereso- ever situated, I give, devise and bequeath the same unto my be- loved brothers, James Beekman, John Beekman, and the said Gerard Beekman, and unto my beloved sisters, Jane, the wife of Stephen Van Cortlandt ; Catherine, the wife of Elisha Boudi- not ; and Mary, the wife of Stephen N. Bayard, to each of my said brothers and sisters, severally and respectively, and to their several and respective heirs and assigns forever, each one equal undivided seventh part or share thereof, to be divided by and between them, share and share alike, as Tenants in common and not as joint tenants. And as to the remaining one equal undivided seventh part or share of my said real estate, I do THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 241 hereby give, devise and bequeath the same unto my beloved brothers, James Beekman, John Beel^man and Gerard Beek- man, and to the survivors and survivor of them, and to the heirs and assigns of such survivor of them forever. In Trust, never- theless, and to and for the following purpose, uses and trusts, and no other whatsoever, to wit : The Rents, Issues and profits of the same and any part thereof, to be applied by the said Trustees, or the sur^vivor of them, to the sole and only use of my beloved sister, Cornelia, the wife of Isaac B. Cox, during her natural life, and from and after her decease, to the sole and only use of her children then living, if any, and of the survivors or survivor of them, and to be paid as aforesaid, to her or them, or to her or their use, at the discretion of the said Trustees, or the survivor of them, from time to time, in such manner as the said Trustees in their discretion shall judge most for the advan- tage of my said Sister, and of her children, for and during the lifetime of her husband, Isaac B. Cox. But if it shall so happen that my said sister, Cornelia, shall survive her said husband, then, and in such case, the said Trustees, the survivors or sur- vivor of them, shall convey all the said one seventh part or share of my said Real Estate hereby devised to them in Trust, as aforesaid, unto her, my said sister, Cornelia, her heirs and assigns forever in fee simple. And if it shall so happen that my said sister, Cornelia, shall depart this life before her said husband, then the said Trustees, the survivors or survivor of them, shall pay the Rents, interest and profits of the said Estate, or as much thereof as shall be necessary, for the support and Education of the child or children she may leave until they respectively attain the age of twenty-cne years. And at the time when they shall respectively attain to the age of twenty-one years, I do hereby direct the said Trustees, and the Survivor of them, and the heirs of such survivor, to divide the same equally between the said children, share and share alike, and to execute Deeds accord- ingly. But if only one of the children of my said sister, Cor- 24ii THE ABRAHAM AND WILLIAM HEEKMAN TRACT. nelia, should attain tlie age of twenty-one years, then such child shall have the whole of his or her mother's share of my said Real Estate. And in case all the children of my said sister, Cornelia (so surviving her as aforesaid), should depart this life before they, or any of them, should attain the age of twenty-one years, and without Issue, then, and in such case, I order and direct that the said Trustees, and the survivor of tliem, or the heirs of such survivor, shall convey in fee simple the whole of the said one-seventh p::rt of my said Real Estate, with the interest or proceeds thereof, which may be unexpended in their or his hands to the like uses and purposes, and in the same manner and proportions, and to the same persons that the other six seventh parts of my Real Estate is bequeathed to in this my last will and testament ; and in case the said Trustees shall, in their discretion, at any time think it most for the advantage of my said sister, Cornelia, or of her children, to sell the' Real Estate hereby intrusted to them, or any part thereof,! do hereby author- ize and empower the said Trustees, and the survivors and sur- vivor of them, to sell the same and proper Deeds to execute therefor, and the proceeds thereof to be placed in such funds as the said Trustees, or the survivor of tliem shall judge safest, and the interest to be applied as aforesaid, and the principal to be divided and paid as before directed. And lastly, I make and ordain my said brothers, James Beekman, John Beekman, and Gerai'd Beekman, to be executors of this my last will and testa- ment, hereby utterly disallowing and revoking all former wills by me made ; and giving to my said Executors, and to the sur- vivors and survivor of them, full and ample power to dispose of all or any part of my said real Estate, whatsoever and whereso- ever situated, either at public or private sale, in such manner and at such times as they may think proper, with full power to execute good and sufficient conveyances in the Law to the pur- chasers thereof, their heirs and assigns forever." THE ABRAHAM AND WILLIAM BEEKMAN TRACT. i:43 DEED. James Beekman and j Dated 3d April. 1818. LVDIA, /iiS zui/e, f Ack. 7th April, 1818. to / Rec. 1st May, 1818. Gerard Beekman. \ 126 Conveyances, 477. / Consideration, $2,912.93 Conveys one equal undivided seventh part or share (the whole into seven equal parts or shares to be divided) of All that certain Farm or parcel of land situate in the Ninth VVai'd of the City of New York, now belonging to and held in common by and among all the surviving heirs of their late brother, Wil- liam Beekman, deceased, according to the several metes and bounds thereof, as settled and established by and between the said heirs of William Beekman, deceased, and their late brother, Abraham K. Beekman, now deceased. Containing thirty acres and one-quarter of an acre of land (one-seventh part whereof is hereby intended to be conveyed), according to a map or chart thereof made by John Randall, surveyor, on the — day of — , one thousand eight hundred and seventeen, reference being thereunto had. Mary N. Bayard, having survived her husband, Stephen N. Bayard, died in 183 1, intestate and without issue, leaving, as her only heirs-at-law her brothers, James Beekman, Gerard Beekman and John Beekman, and her sisters, Jane Van Cort- landt, Catharine Boudinot and Cornelia Cox. Lasf Will and Testament j Dated 6th Mar., 1832. of \ Proved 2 1 St Aug., 1833. Gerard Beekman. \ 7o Wills, 422. The testator directs payments of certain legacies and an annu- ity of $1,500 to his wife, and devises to her the use and occupa- tion of his house and stables, and the lots of ground on which 244 THE ABRAHAM AND WILLIAM BEEKMAN TRACT. they are erected, one fronting on Bleecker Street and the other on Greene Street in the city of New York, during her widow- hood, all which he declares to be given in lieu of and in full bar of her dower. He authorizes his executors, in case his personal estate, and the rents and profits of his real estate prove insuffi- cient, to sell and convey his real estate to raise an amount ade- quate for that purpose. He expressly charges his estate, real and personal, with the payment of the said annuity to his wife, but provides that such lien shall cease as to such parcels as may be conveyed by his executors, in pursuance of the power vested in them by his will. All and singular, the rest, residue and remainder of his estate, real and personal, whatsoever and wheresoever the same may be, he gives, devises and bequeaths to his beloved son James William, his heirs, executors and ad- ministrators and assigns forever. The testator then provides that in the event of his having other children born of his wife Catharine, that they shall share equally with his son James Wil- liam in the said residuary part of his estate. In case his said child or children should be under the age of twenty-one years at the time of his decease he vests said residuary estate in his exe- cutors, with full power to sell and convey the same, and to par- tition the same amongst his said children, and to transfer her or his share to each when they respectively arrive at full age, directing them not, however, to deliver the actual possession of the share or estate to either of his children before he or she attains to lawful age. Testator provides for certain remainders over, in case all his childi'eu die under age, without lawful issue. He appoints Geo. W. Strong, David Codwise, John L. Mason, James C. Roosevelt and Isaac Adriance his executors, giving to his said Executors full power to sell and convey all or any part of his estate, real and personal, at their discretion. There are two codicils attached to this will, neither of which affect the farm in question, except by increasing the annuity to his wife to $2,000. THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 245 It is stated in the bill in the following suit, that at that time Catharine Boudinot and Jane Van Cortlandt were both ad- vanced in years, and were both childless, never having had issue ; and that Cornelia Cox had two children, Abraham B. Cox and Catharine M. Cox, both then of full age. IN CHANCERY. Before Chancellor. James Beekman and John Beekman, as trustees, etc., and in their ozvn right, vs. I Stephen Van Cortlandt, Jane Van Cortlandt, Catharine Boudinot, Cornelia Cox, Catharine M.Cox, James W. Beekman and Abraham B. Cox. 1836 — December 31. Bill of partition filed. 1837 — February 15. Answer of all defendants filed. February 15. Order of reference on title, etc. May 23. Decree of partition entered. 1838 — May 15. Commissioners' report of partition filed. September 3. Final decree entered. 1839 — J"'^^ '• Decree enrolled. The said commissioners divided this tract as follows, the lot numbers being taken from a map thereof annexed to their report : To James Beekman in fee, lots 458 to 497, both inclusive ; 755, 26 to 33, both inclusive ; 195 to 208, both in- clusive ; 216 and 243, and charge said share with the payment of $93,81. To Jane Van Cortlandt in fee, lots 310, 312, 314, 316, 318, 320, 322,324, 326, 328, 330, 3-^2, 334, 336, 338. 340, •246 THE ABRAHAM AND WILLIAM BEEKMAX TRACT. 346 to 365, both inclusive; 400 to 411, both inchisive. To the Trustees of Jane Van Cortlandt for her Hfe, lots 306 to 309, both inclusive; 109 to 144, both inclusive. To Catharine Boudinot in fee, lots 393 to 399, both inclusive ; 412 to 41S, both inclusive; 217 to 222, both inclusive; 236 to 242, both inclusive; 311, 313, 315. 317. 319. 321.323' 325. 327- 329. 331. 333. 335. 337. 339. 341. 344 ant^ 345- To the Trustees of Catherine Boudinot for her life, lots 342, 343' 302, 303 ' 304. 305. 73 to loS, both in- clusive. To John Beekman in fee, lots 634,635,586 to 633, both in- clusive ; 636 to 705, both inclusive ; 49S to 585, both inclusive ; 754, 432 to 457, both inclusive ; 706 to 726, both inclusive ; 226 to 235, both in- clusive ; 223, 224, 225, 209, 250, 251, 252, 253, 210, 211, 212, 213, 214, 245, 246, 247, 248, 249, 215, 223 and 244, and charge said share with the payment of $54.39. To Cornelia Cox in fee, lots 27S, 279, 2S0, 281 and 282. To the Trustees of Cornelia Cox for her life, lots 145 10194, both inclusive ; 254 to 277, both inclusive ; 283 to 301, both inclusive ; 727 to 73S, both inclus- ive ; 370 to 391, both inclusive; 420 to 431, both inclusive ; 368, 369, 366, 367, 392 and 419, and charge said share with the payment of $87.67. To James W. Beekman in fee, lots i to 25, both inclusive; 34 to 72, both inclusive ; 739 to 753, both inclusive ; also lots I to 115 on another map, not affecting the farm now in question, and charge said share with the payment of $66.49. THE ABRAHAM A\D WILLIAM BEEKMAN TRACT. 247 James Beekman died pending the above suit, leaving a w^ill as follows : Last Will and Testament Dated 8th Sept., 1835. of J Proved 8th May, 1837. James Beekman. \ 7^ Wills, 268. After bequeathing certain legacies, the testator provides as follows : "As to all the residue of my estate, real and personal, whatsoever or wheresoever, which I may own or be in any manner entitled to at the time of my decease, I give, devise and bequeath the same unto my beloved nephew, James William Beekman, son of my late brother, Gerard Beekman, to have and to hold the same and every part thereof, with the appurte- nances, unto him, his heirs, executors and administrators and assigns forever." The testator provides for certain remainders over, in case said devisee should die under the age of twenty- one years without leaving any lawful issue. c/TW-^ (^n /^ J^ma^Aam a^1 / / AMENU E FARN ^7^ / '° 0/ > i >A i. ! CO in 1) 1 0) w^^;^55^ Tut ^. F . - •S ^i i •31 "^ ?. J L I I I I I THI RO AVENUS THC PA LANDS OFTHEl CITY OF NEW YORK Bi Twrr IV ■no tt tht i,^ ..ricD- MO AVE NUE ~ ~ -j: c^ -hz ~^^^^~^ Cof ^j^ vv r ir t * t JL AyENUE J I 1 1 J -1 1 AVENUE \ I MAI r <^KV\, kit t^u!) i^\a|^ m^jV rn oit>rt< '«a^ ^>;|a& ■^L TT \ THE PETER SAWYER LOT. The greater portion of the tract in question is inckided in the following Patent : Sir Edmund Andros, Governor, etc., to Cornelius Mattvsen. PATENT. Conveys that certaine piece of land upon this Island Man- hattans, lying and being to the Northward of Turtle Bay, being bounded to the Southwest by the land of Jacobus Fabricius, and to the Southeast by the River, being in breadth by the River eighty rods, and in length one hundred and twenty rods, being bounded to the Northeast by the land of John Bassett, and to the Northwest by the commons. Containing sixty acres. The portion of the premises conveyed by the above patent which includes the tract in question, as appears from the de- scriptions in the deeds of adjoining properties, became vested subsequently in John Bass, and afterwards in Peter Pra Van Zandt. The distance of 120 rods given in the said patent is not enough to carry the bounds of this tract as far West as the line of the common lands as given by Goerck. For the true West- erly line of this patent, see map of Patents, ante page 249. 'J^^i^j^o^idla^ruJ-^Ji fair. Ziyi's, ins- ui„:,^;V ' ri-ujit^. CcJi, ; 250 THE PETER SAWYER LOT. ! Last Will and Testament j Dated 5th Oct., 18 10. 0/ \ Proved 1 8th Sept., 18 1 2. Peter Pra Van Zandt. \ 5o Wills, 291. " Item, my will further is, that a certain tract of land, situate, lying and being between the lands of Abraham Beekman and the widow Hardenbrook, commonly called Peter Sawyer's lot, or such part thereof as may belong to me at the time of my death, be disposed of by my said executors, and the monies arising therefrom be applied by them to the payment of debts due from me if any such there shall be at the time of my de- cease ; should there be no debts, or should the amount of the proceeds of the sales exceed the debts due, then my will is, that the surplus monies be divided equally amongst my six children, John, Peter, James, Ann, Mary and Sarah, share and share alike ; and for the purpose of such sales I do hereby authorize and empower my said Executors to convey the said premies by good and siifficient deeds or conveyances to the purchaser or purchasers thereof in fee simple. * * * * ^ Item, all the rest, residue and remainder of my estate I have not hereinbefore given or devised, of what nature and kind soever, I give, devise and bequeath unto my six children, John, Peter, James, Ann, Mary and Sarah, and to their heirs and assigns forever, equally to be divided between them, share and share alike." Appoints John L, Lawrence, John Vanderbilt, Junior, and Peter Van Zandt, his executors. Letters were granted to all three. See Liber 50, Wills 299. Peter Pra Van Zandt died in 1S12, leaving him surviving a widow, who died in December, 181 7, and the following chil- dren : 1. John Van Zandt. 2. James Van Zandt. 1. Peter Van Zandt. THE PETER SAWYER LOT. 261 4. Ann, wife of George Janeway. 5. Mary Van Zandt. 6. Sarah, wife of William Janeway. On 21 July, 1813, Gilbert Shotwell recovered a judgment against John Van Zandt for $6,000, and sold his interest in the farm in question under execution issued thereunder. SHERIFF'S DEED. Dated 14th Dec, 1816, Proved 13th Dec, 18 16. Rec 14th Dec, 18 16. 132 Conveyances, 96. Consideration, $750. Conveys all the right, title and interest whereof the said John Van Zandt was seised on the said 2rst day of July, 1813, or at any time afterwards, of, in and to All that certain piece or parcel of land situate, lying and being in the Ninth Ward of the said city. Bounded Westerly in front by the old Harlem Road, Easterly by land of the Widow Hardenbrook, Southerly by land of Abraham K. Beekman, and Northerly by land of the said Widow Hardenbrook. Containing eighteen acres, be the same more or less. DFFn Sbion Fleet, Slicriff, etc. to Gilbert Shotwell. Dated i6th June, 1821. Ack. 1 6th June, 1821. Rec 28th Nov., 1827. 227 Conveyances, 485. Consideration, $1,600. Conveys all his right, title and interest in one-sixth of same premises. ^Y.^^. Gilbert Shotwell to Robert J. Murray. Robert J. Murray and Elizabeth C, liis zvife, to John W. Van Zandt. Dated 17th Dec, 1825. Ack. 7th Jan., 1826. Rec 31st Mar., 1826. 204 Conveyances, 37. Consideration, $1.00. 262 THE PETER SAWYER LOT. Conveys all the right, title and interest that was heretofore of John Van Zandt in same premises. Sarah Janeway having survived her husband, died intestate on the 20th May, i8r8, leaving three children : 1. Sarah, wife of Augustus T. Freeman. 2. George Janeway. 3. William Janeway. James Van Zandt died leaving a widow, Experience Van Zandt, and two children : 1. Ann Eliza, wife of John R. Hedley. 2. Peter P. Van Zandt. Last Will and Testament j D^Lted Oct. 182!;. 0/ ) Proved 22d July, 1826. 60 Wills, 338. James Van Zandt. \ y After certain devises to his daughter, Ann Eliza, wife of John R. Hedley, and to his son, Peter Pra Van Zandt, testator pro- vides as follows : " I give and devise unto my said wife all my undivided share and interest of, in and to the lot commonly called the Eighteen acre lot, and known by the name of Peter Sawyer's lot, situate on the road leading past the residence of my late father, near its junction with the Third Avenue." __ ^ DEED. John R. Hedley and Ann j Eliza, /ns wife, and Peter P./ Dated 7th Sept., 1826. Van Zandt [ Ack. 8th Sept., 1826. /^ / Rec. 9th Sept., 1826. Experience Van Zandt, i ^^^ Conveyances, 439- widozv of James Van Zandt. Consideration, $1.00. Conveys all that certain tract of land situate in the Twelfth Ward of the City of New York, and of which Peter Pra Van Zandt, of the said City, gentleman, died seised, and described THE PETER SAWYER LOT. 253 in the last will and testament of the said Peter Pra Van Zandt as " That certain tract of land situate, lying and being between the land of Abraham Beekman and the Widow Hardenbrook, commonly called ' Peter Sawyer's lot,' " as by reference to the said Will will more fully appear, and which said tract of land contains, by the survey of E. W. Bridges, City Surveyor, Sev- enteen acres and -iVuV of ^n acre, be the same more or less. William JanewaJ', one of the children of Sarah Janeway, being an infant, application was made to the Court of Chan- cery for leave to sell his interest in the tract in question. On 4th September, 1826, Mary Van Zandt was appointed Special Guardian, with authority to sell said infant's interest in the Peter Sawyer lot. Ann Janeway, widozv of George Janeway, Mary Van Zandt, Experience Van Zandt, widow of James Van Zandt, Peter Van Zandt and Sarah, his wife, JOHN VV. Van Zandt a?id Caroline A., his zvife, AUGUSTUS T. FREE- MAN aiid Sarah Ann, his luife, George Janeway and Wil- LL\M Janeway {by his Guar- dian, Mary Van Zandt), to Nathaniel Prime. DEED. Dated 8th Sept., 1826. Ack. 8th Sept., 1826. ■Rec. 9th Sept., 1826. 208 Conveyances, 437. Consideration, $11,693. Conveys same premises by same description. See Liber 271 Conveyances, page 5, for sheriff's deed, dated 1 6th February, 1S29, conveying to said Nataniel Prime, all the interest Gilbert Shotwell had on 4th February, 1S18, in tract in question, by virtue of a sale under execution made on i6th November, 1S27. 254 THE PETER SAWYER LOT. The Mayor, Aldermen and Com- monalty of the City of Neiv York to Nathaniel Prime. DEED. Dated 26th Nov., 1829. Proved 17th Nov, 1835. Rec. 8th Dec, 1835. 346 Conveyances, 177. Consideration, $100. Conveys all that certain lot, piece or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, and bounded and containing as follows : Beginning at a corner at the Easterly side of the old Post Road, distant thirty feet Northeasterly from the Northeasterly line or side of Sixty-sixth Street, as established by law, and running thence Northwest- erly along the Southwesterly side of land belonging to the estate of Peter Schermerhorn, sixty-four feet six inches to the Westerly boundary of the said land which separates the same from the road ; thence Southerly two hundred and five feet to an obtuse angle on the Westerly boundary of land belonging to the said party of the second part ; thence Northeasterly along the Northwesterly side of the said land one hundred and eighty- eight feet to the place of beginnmg. The same being a tri- angular piece of land heretofore lying open as part of the old Post Road, as by a map thereof made by George B. Smith, City Surveyor, dated October 5th, 1829, and hereunto annexed, will appear. Natahniel Prime and Cornelia, his wife, to Isaac Green Pearson and William Beach Lawrence. DEED. Dated 25th May, 1835. Ack. 13th June, 1835. Rec. loth July, 1835. 339 Conveyances, 298. Consideration, $85,000. Conveys both the parcels, vested in said Nathaniel Prime THE PETER SAWYER LOT. 255 by the two preceding deeds, by substantially the same descrip- tion. MORTGAGE. Isaac Green Pearson and William Beach Lawrence to Nathaniel Prime. To Secure $80,000. Dated 25th May, 1835. Ack. 1st July, 1835. Rec. loth July, 1835. 188 Mortgages, 28. Covers same premises by same description. The above mortgage was satisfied of record on 20th April, Hi. DEED. Isaac Green Pearson and Eliza, his zvife, to William Beach Lawrence. Dated 25th May, 1840. Ack. 1 6th June, 1840. Rec. 24th June, 1840. 409 Conveyances, 174. Consideration, $42,400. Conveys all the one equal undivided half part of same prem- ises by same description. Subject to the payment of half of the preceding mortgage. AGREEMENT. William Beach Lawrence zvith Nathaniel Prime. Dated 24th June, 1840. Not recorded, bnt recit- ed in bill in suit of Prime vs. Lawrence, hereinafter set forth. The said Nathaniel Prime agrees that he will satisfy the above mortgage for $80,000, on receiving a deed for a divided moiety of the premises covered thereby, and two bonds, one for $12,000 and the other for $4,000, secured by mortgage on the other divided moiety of said tract. That the above iiistru- 256 THE PETER SAWYER LOT. ments shall be held in escrow until the premises shall be freed from the lien of a certain judgment recovered against Isaac G. Pearson, and that foreclosure proceedings shall be instituted to foreclose the said mortgage for $80,000 given by said Pearson and Lawrence, and that if said Lawrence should become the purchaser under the sale made thereunder, said foreclosure proceedings and purchase shall not constitute a bar to the ful- fillment of this agreement. In pursuance of this agreement the following deed was executed : DEED. William Beach Lawrence J Dated 25th May, 1840. and Esther, his zvife, [ Ack. 22d June, 1840. f^ / Rec. 20th April, 1 841. Nathaniel Prime. \ 4i4 Conveyances, 323. Consideration, $40,000. Conveys all that certain tract, piece or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, and which is bounded and contains as follows, viz. : Beginning at a point on the Easterly side of the old Post Road where the said old Post Road intersects a line equi-distant from Sixty- fifth (6^) and Sixty-sixth (66) streets ; thence running Easterly through the centre of the block five hundred and sixty-two. feet to the centre of the Second Avenue ; thence Southerly along the centre of the said Second Avenue one hundred and thirty Ret four inches to the centre of the intersection of Second Avenue and Sixty fifth street; thence Easterly along the centre of Sixty-fifth (65) street seven hundred and fifty feet to the centre of the intersection of First Avenue and Sixty-fifth (65) street ; thence Northerly along the centre of the said First Avenue one hundred and thirty feet four inches to the centre of the block between Sixty-fifth (6^) and Sixty-sixth (66) streets ; thence Easterly and along the centre of the said block THE PETER SAWYER LOT. 257 six hundred and fifty feet and ten inches to the land of Peter Schermerhorn ; thence Northerly along said land to the South- erly line of Schermerhorn's lane, as laid down on the map hereunto annexed ; thence Westerly along Schermerhorn's lane aforesaid to the rear of the lot marked Number One (i) on said map ; thence along the rear of the said lot number one (i) twenty-seven feet six inches ; thence Westerly sixty-four feet six inches to the ^Id Post Road ; thence Southerly along the old Post Road to the place of beginning. The said tract being distinguished on the map "hereunto" annexed, as the part colored yellow. Before instituting proceedings for said foreclosure the said Nathaniel Prime died, leaving a will as follows: Last Will and Testament i Dated 24th April, 1840. 0/ > Proved 23d Dec, 1840. Nathaniel Prime. \ Si Wills, 691. Alter bequeathing to his wife, Cornelia, an annuity of ten thousand dollars and devising to her his country house near Hell Gate, to have and to hold the same as long as she shall continue to reside thereon (which bequest and devise are de- clared to be in lieu of dower), he provides as follows: " Item, I direct that all the residue of my estate, real and personal, shall be divided into seven shares in the manner hereinafter directed. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my son, Frederick Prime, his heirs, executors and adminis- trators. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my sons, Rufus Prime and Frederick Prime, in trust to receive the rents, profits and income thereof, and to apply the same to the use of my son, Edward Prime, during his life. Item, I 258 THE PETER SAWYER LOT. give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my sons, Edward Prime and Frederick Prime, in trust to receive the rents, profits and income thereof and to apply the same to the use of my son, Rufus Prime, during his life. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my executors, in trust to receive the rents, profits and income thereof and to apply the same to the separate use of my daughter, Cornelia, wife of Robert Ray, during her life, free from the control, debts and engage- ments of her present or any future husband. Item, I give, devise and bequeath one share or -seventh pai't of my said residuary real and personal estate to my executors, in trust to receive the rents, profits and income thereof and to apply the same to the separate use of my daughter, Emily, wife of William Seton, during her life, free from the control, debts and engagements of her present or any future husband. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my executors, in trust to receive the rents, profits and income thereof and to apply the same to the separate use of my daughter, Matilda, wife of Gerard H. Coster, during her life, free from the con- trol, debts and engagements of her present or any future hus- band. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my executors, in trust to receive the rents, profits and income thereof and to apply the same to the separate use of my daughter, Laura, wife of John C. Jay, during her life, free from the control, debts and engagements of her present or any future husband. Item, As to each of the last-mentioned six shares or seventh parts, after the death of the child during whose life it is devised in trust as aforesaid, I give, devise and bequeath the same as follows, that is to say : I give the same in fee, after the death of such child of mine, to such THE PETER SAWYER LOT. 259 one or more of the children and descendants of such child of mine, and in such shares or proportions as such child of mine, by his or her last will and testament or instrument in the nature thereof, which each of my daughters, though married, is hereby authorized to make, shall devise, direct or appoint, and for want of such direction and appointment and so far as the same shall not extend, I give the same in fee, after the death of such child of mine, to his or her child or children who shall be then living, and to the child or children, then living, of every child of his or hers who shall then be dead, as tenants in common, the child or children of a deceased child of such child of mine to take the same share which his, her or their parent, if living, would be entitled to ; and if such child of mine shall have no child or descendant who shall survive him or her, then I give the same in fee, after the death of such child of mine, to his or her heirs-at-law. Item, I authorize the trustees, to whom each of the said six shares of my residuary estate is devised in trust as aforesaid, out of the rents, profits and income thereof, to keep the real estate included in the said share in good repair, and to pay all taxes and assessments thereon, and to insure buildings against dam- age by fire, and to rebuild such as may be destroyed, and to make leases for terms not exceeding twenty-one years, to com- mence in possession during the life of the child of mine during whose life the land is devised in trust as aforesaid, and for such rents and on such terms and conditions as they shall deem advisable, and also, with the consent of such child of mine, to sell and convey in fee the real estate included in such share and to invest the money arising from such sale in other real estate in the State of New York, to be held by them on the same trusts, and to go and be disposed of in like manner as the property so sold would have been held and gone and been dis- posed of if it had not been sold. ********* Item, I authorize my wife and children, and the major part 260 THE PETER SAWYER LOT. of them, and the survivors of them, and the major part of such survivors, by writing under their liands and seals, to appoint three persons to be commissioners to make partition of my residu- ary estate, real and personal, into seven shares, as aforesaid ; and I authorize such commissioners, and any two of them, to make such partition ; and I direct that, in making the same, they shall, as nearly as conveniently may be, include in each share an equal seventh part of my residuary real estate, and an equal seventh part of my residuary personal estate, but as it may happen that this cannot in all cases conveniently be done, they may, if they think it necessary, make up for any inequality in the value of the real estate by means of the personal estate, and I direct that, in making such partition, the real estate be valued at its fair value. I further direct that, in making such par- tition, the sums that have been or shall be advanced by me for any one of my children, shall be taken as part of my per- sonal estate and as part of the share of the child for whom they are advanced, but no interest shall be charged on them except from the time of my decease ; and in order that the amount of such advance may be definitely ascertained, it is my intention to add a codicil hereto stating the same, and to alter it, if necessary, from time to time ; and nothing is to be charged for any advances which are not specified in such codicil. Item, I direct that, after my residuary estate shall be divided into seven shares as aforesaid, each of the said shares shall be held in severalty ; and I authorize the said Commissioners, or any tvv^o of them, to execute deeds conveying the said shares, respectively to be held by the persons and in the manner and for the purposes and on the trusts herein directed. And as to such of the said shares as are devised and bequeathed in trust as aforesaid, I direct that the accounts respecting them be kept separate. And as it may be inconvenient to make partition of the land devised to my wife during the continu- ance of her estate therein, I direct that partition of the rest THE PETER SAWYER LOT. 261 of my residuary estate may be made first, and afterwards and in the same manner, of the said land. Item, I charge one- seventh part ot the annuity bequeathed to my said wife on each of the said seven shares of my residuary estate, and direct that one-seventh part thereof be paid by the devisee or devisees to whom such share is devised as aforesaid. Item, I authorize my Executors to make partition of any real estate which, at the time of my death, I shall be seised of or entitled to, as tenants in common with any other person or persons, and to execute proper deeds and conveyances to carry such partition into effect, and to pay or receive money for equality of par- tition. Item, I authorize my Executors, at any time before the partition thereof shall have been made as above directed, to sell all or any part of the real estate whereof I may die seised, at public auction or at private sale, for cash or on credit, or partly for cash and partly on credit, and on such terms as they may think expedient, and to execute valid con- veyances in fee to the purchasers, and the money and proceeds arising from such sale or sales (if any be made) shall go, and be disposed of, in the same manner as the real estate would have gone and been disposed of if no sale had been made. And the lands devised to my wife may be sold and conveyed in like manner before partition thereof, though after the par- tition of the rest of my estate ; but no such sale shall be made during the continuance of her estate therein without her con- sent. ****** Item, All the powers, authorities, estates and trusts hereby given to my executors, I do hereby give to such of them as shall take on themselves the execution of this will, and to the major part of them and to the survivors and last survivor of them. ***** Item, I appoint my sons, Edward Prime, Rufus Prime and Frederick Prime, Executors of this my will." Letters Testamentary were granted to all three Executors. (See Liber 5 Letters Testamentary, page 133.) •262 THE PETER SAWYER LOT. IN CHANCERY. Be/ore Vicc-Chanccllor. Edward Prime, Rufus Prime and Frederick Prime, executors, etc., of Nathaniel Prime, deceased, vs. Isaac Green Pearson, William' Beach Lawrence, Moses May- NARD, Jr., and Eliza B. Maynard,- his wife, and GEORGE A, Hearn, which said ELIZA B. Maynard and^ George A. Hearn are the adminis- tratrix and administrator, etc., of Cornelius J. Williams, deceased. 1 841— January 12. Bill filed to foreclose mortgage recorded in Liber 188 Mortgages, page 28. February 11. Ox^qx pro confesso ■iyi'. Maynard, Jr., and wife, and George A. Hearn, on con- sent of William Betts, their solicitor, and against Lawrence and Pearson, on proof of service of subpoena and of no answer. February 12. Order of reference to compute amount due. March 9. Master reports $88,280 due, March 9. Decree of foreclosure and sale entered. April 15. Decree enrolled. DEED. David Codwise, ) Dated 15th April, 1841, Master in Chancery, I Ack. 20th April, 1841. ^^ > Rec. 20th April, 1841. XTT -r. T V 414 Conveyances, 325. William Beach Lawrence. > T. . , . ^ 1 Consideration, $32,000. THE PETER SAWYER LOT. 263 Conveys same premises covered by the mortgage foreclosed by same description. William Beach Lawrence to \ DEED. EDWARD Prime, Rufus Prime,! ^^^^^ ^^^j^ ^ ^, Frederick ?rime, Corne-[ Ack. 20th April, 184 i. LiA, ivife of Robert Ray, > j^^^^^^j^ ^ EMILY, ^mfe of WiLLIAM Se-[ ^^^ Conveyances, 321 TON, Matilda, wtfe of Ger-1 Consideration, $1.00. ard H. Coster, Laura, wife^ of John C. Jay, children of Nathaniel Prime. / Recites agreement to convey dated 24th June, 1840, and will of Nathaniel Prime. Conveys same premises conveyed to Nathaniel Prime by deed dated 25th May, 1S40, and recorded in 414 Conveyances, 323, above set forth. In pursuance of the agreement above set forth, William B. Lawrence had mortgaged the part of this farm still remaining in him, as follows : MORTGAGE. William Beach Lawrence i To Secure $12,000. and Esther R., his wife, { I^^^ed 25th May, 1840. . > Ack. 22d June, 1840. Nathanie'l Prime. \ ^^^' ^^^^ ^P^^' ^^4i. ) 245 Mortgages, 548. Covers all that certain tract, piece or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, and which is bounded and contains as follows, viz : Beginning 264- THE PETER SAWYER LOT. at a point on the Easterly side of the old Post Road, where the said old Post Road intersects a line equi-distant from Sixty-fifth and Sixty-sixth streets ; thence running Easterly through the centre of the block five hundred and sixty-two feet to the centre of the Second Avenue ; thence Southerly along the centre of the said Avenue one hundred and thirty feet four inches to the centre of the intersection of Second Avenue and Sixty-fifth Street ; thence Easterly along the centre of Sixty-fifth Street seven hundred and fifty feet to the centre of the intersection of First Avenue and Sixty-fifth Street ; thence Northerly along the centre of the said First Avenue one hundred and thirty feet four inches ; thence Easterly and along the centre of the block between Sixty-fifth and Sixt3^-sixth streets six hundred and fifty feet ten inches to the land of Peter Schermerhorn ; thence Southerly along said land four hundred and thirty feet two inches to the land now or late of Beekman ; thence Westerly along the land of the said Beekman to t!ie old Post Road ; thence Northerly along the old Post Road to the place of beginning. See Liber 245 Mortgages, page 550, for a confirmation of the above mortgage, dated 20th April, 1S41, and made after the foreclosure of the $80,000 mortgage. This instrument recites the said foreclosure proceedings and conveys the mortgaged premises, subject to the defeasances in said mortgage. RELEASE. William B. Lawrence and Esther R., his wife, to r Dated 15th Oct., 1842. Edward Prime, Rufus Prime \ Not Recorded. ^«^ Frederick Prime, execu\ Consideration, $1.00. / ' 71.1/. 7fo SF/?FST ^ (?cue >?-• TZ6 nij. l^eq. df/cce S/XTYFOUR.TH BLOCK A/" 9/ ST/^FFT BLOCK N° 90 272 THE WIDOW HARDENBROOK TRACT. of adjacent properties, afterwards became vested in one John Bass. The following will is to be found of record in the New York Surrogate's office : i Last Will and Testament I Dated 17th April, 1767. ^y \ Proved 12th Jan., 1768. John Bass. 26 Wills, 140. ^ Item, I give unto my dearly beloved wife, Maritie, for and during the term that she shall remain my widow, for and towards her maintenance and support, the use, occupation, rents and income of all my lands and real estate, lying in the outward of the City of New York. ***** Item, I give and devise all my lands, tenements and real estate, lying in the outward of the City of New York aforesaid, and the reversion and remainder thereof unto my daughter Annetye, the wife of Johannes Hardenbrook, of the City of New York, house carpenter, and to her heirs and assigns forever, to her and their sole and only proper use and behoof forever. Sub- ject, nevertheless, to the estate and interest hereinbefore given to my said wife out of the same durmg widowhood." It is probable that the premises embraced in the above devise included the tract in question, and that John Hardenbrook, whose will is next below set forth, acquired title by descent from the devisee in the above will. There appears, however, to be no further evidence on record to substantiate this theory. Last Will and Testament j Dated 15th April, 1788. 0/ > Proved 9th Sept., 1803. John Hardenbrook. \ 44 Wills, 423. Item, I do give and bequeath unto my loving wife, Ann THE WIDOW HARDENBROOK TRACT. 273 Hardenbrook, all my real and personal estate, whatsoever and wheresoever. To have and to hold to her, her heirs and assigns forever." Last Will and Testament Dated 20th May, 1810. of \ Proved i8th Mar., 1817. Ann Hardenbrook. \ 53 Wills, 516. " Item, I authorize and empower my Executors, and the major part of them, and the survivor and survivors of them, to sell at public or private sale, at such time as they think proper, the Farm whereon I now reside, excepting and re- serving thereout, nevertheless, the burying ground forever, with a free passage thereto for the use of my heirs, and to execute good and sufficient deeds for the same ; and the monies arising therefrom I give and dispose of as follows : First. I order my debts and funeral expenses to be paid thereout, as also the Legacy to John Rawle. Secondly. I order the four hun- dred pounds, hereinbefore mentioned, to be put at interest by my Executors upon Mortgage, and the income paid by them as is hereinbefore directed. Thirdly. The equal half part of the residue of the monies so arising from such Sale I give to my Niece, Sarah Carr. forever. Fourthly. The remaining equal half of the aforesaid monies arising from such sale with the aforesaid four hundred pounds upon the death of my said Slaves 1 give to my Niece, Mary Adams, forever. Lastly. I constitute and appoint my niece, Mary Adams, my husband's Nephew, John A. Hardenbrook, and Robert Thompson, sou of my Niece, Mary Adams, Executors and Executrix of this my last will and Testament." Letters testamentary were granted to all three (see 53 Wills, 518). 274 THE WIDOW IIARDENRROOK TRACT. Mary Adams, John A. Hard- j DEED. ENBROOKr.«^ROBERTTHOMrJ j^^^^^ 29tirOct., I 8 . 7. SON, excr?an.v and executors off Ack. i8th Nov. 1817 ANN Hardenbrook \ ^^^ ^^1^ j3^^^ jg^^ to [123 Conveyances, 485. -r/ o -v rj; at \r t lt \ Consideration, $[ 1 ,6oo. T/te Soetefy of the New York Hos- \ ^ ^ ■> pital. Conveys all that certain farm, piece or parcel of land situate in the Ninth Ward of the City of New York, in the State of New York, being the farm whereon the said Ann Harden- brook formerly resided, and being butted and bounded as fol- lows, to wit: Begint)ing on the East River at ihe Easterly corner of land now or late belonging to the estate of Abraham K. Beekman, deceased ; thence running along the East River aforesaid North sixty degrees. East forty-five minutes ; thence along the same South seventy-five degrees, East fifty-five feet ; thence along the same North fifty-seven degrees, East one hun- dred and twenty-four feet ; thence along the same North forty- nine degrees. East one hundred and fourteen feet ; thence along the same North forty-seven degrees thirty minutes. East eighty- three feet ; thence along the same North forty degrees, East one hundred feet ; thence along the same North forty-seven degrees, East one hundred and eighty-five feet to land of P.. Sche'-merhorn, Junior ; thence along the same North forty- eight degrees. West eight hundred and thirty-two feet ; thence along the same North forty-six degrees. West five hundred and eighty-six feet; thence along the same North forty-eight degrees thirty minutes, West nine hundred and two feet to land belong- ing to John A. Hardenbrook ; thence along the land of the said John A. Hardenbrook South forty degrees thirty minutes, West THE WIDOW HARDENRROOK TRACT. 275 three hundred and thirty-three teet to hind now or kite helonging to the estate of Peter P. Van Zandt ; thence along the Kind last mentioned South fifty-four degrees fifteen minutes, East two hundred and fifty feet ; thence along the same South fifty-three degrees, East two hundred feet ; thence along the same South fifty-one degrees. East three hundred and fifty feet; thence along the same South fifty-three degrees thirty minutes, East one hundred and thirty feet ; thence along the same South fifty-six degrees. East two hundred and eighty-three feet ; thence along the same South fifty-eight degrees fifteen minutes, East three hundred and twenty-two feet ; thence along the same South fifty-nine degrees, East one hundred and thirty feet; thence along the same South forty-two degrees, West one hun- dred and twelve feet ; thence along the same South forty-six degrees thirty minutes. West two hundred feet ; thence along the same South forty-three degrees thirty minutes, West two hundred and twelve feet to the said land now or late belonging to the estate of the said Abraham K. Beekman, deceased ; thence along the same last-mentioned land South forty-seven degrees. East three hundred and fifty feet t thence along the same South forty-four degrees. East two hundred and twenty feet to the East River aforesaid, or place of beginning. Con- taining eighteen acres, one rood and twenty perches of land, cs the same is delineated on the map hereunto annexed. Except- ing and reserving thereout, nevertheless, the burying ground which is on the said land, together with a free passage and right of way to and from the same, for the use of all the heirs and descendants of the said Ann Hardenbrook, deceased, for- ever. A small strip near Third Avenue was also vested in the Society of the New York Hospital. The title to this strip, anterior to its vesting in John A. Hardenbrook, will not now be considered, the said strip being part of the Common Lands 27f) THE WIDOW HARDEXBROOK TRACT. DEED. John A. Hardenbrook and I Dated 31st Oct., 181 7. Mary, /its wife, f Ack. i8th Nov., 18 17. ^^ ? Rec. 4th Dec, 181 7. Robert Thompson. \ ^23 Conveyances, 490. J Consideration, $400. Conveys all that certain lot, piece or parcel of ground situate in the Nintli Ward of the City of New^ York, bounded and con- taining as follows, to wit: Northwesterly, in front on the road or Third Avenue, forty-five links. Southeasterly, in the rear, on land lately conveyed, or about being conveyed, by Mary Adams, John A. Hardenbrook and Robert Thompson, Executrix and Executors of the last will and testament of Ann Hardenbrook, deceased, to the Society of the New York Hospital, fifty links, Northeasterly by other ground of the said John A. Harden- brook four chains and one hundred and sixty-eight links, or thereabouts, and Southwesterly by land either now or late of the corporation of the City of New York, orof Mr. Van Zandt, four chains and one hundred and sixt^'-eight links, or thereabouts. Containing seven-twentieths of an acre. DEED. Robert Thompson j Dated 24th Nov., 18 17. ^o ( Ack. 24th Nov., 1817. T/ie Society of the Neiu York ) Rec. 4th Dec, 18 17. Hospital. \ 123 Conveyances, 488. y Consideration, $1.00. Conveys same premises by same description. DEED. The Society of the Nezv York j Dated 24th Mar., 18 18. Hospital f Proved 3d April, 18 18. to } Ack. 8th April, 18 18. Peter Schermerhorn, Jr. \ 126 Conveyances, 337. J Consideration, $14,000. THE WIDOW HARDEXBROOK TRACT. 277 CoNVEVS both pieces vested in the New York Hospital by the two deeds to them hereinbefore set forth, by the same descriptions. Last Will and Testament Dated nth May, 1849. of ^ Proved 8th July, 1852. Peter Schermeriiorn. \ 104 Wilis, 309. \ S Testator appoints his three sons, John J. Schermerhorn, Ed- mund H. Schermerhorn and William C. Scliermerhorn, and his friend, Edward Bancker, his executors ; and subsequently provides as follows : " Whereas my deceased son, Peter Augustus Schermerhorn, departed this life shortly after his mother, my late lamented wife, having, before the illness of my said wife and when him- self in foiling health and without any prospect of surviving her, made and executed his last will and testament, whereby, after making a pecuniary provision for his three infant children, he bequeathed and devised to his wife, Adeline E., all the residue of his estate, both real and personal, whereof he might be seised or whereto he might be entitled at the time of his death, mean- ing and intending thereby, as I have no doubt, and as it was perfectly right and proper for him to do, to give back to his said wife the bulk of the large fortune which he received with her, but, in consequence of the sudden and unexpected death of his said mother a few days before him, his share in her real estate passed, under his said will, to his said wife, subject to my life estate therein, as tenant by the curtesy, which I have no doubt whatever, was contrary as well to his intention and wishes as to those of my said wife, could they have been ascer- tained or expressed in reference thereto, and inasmuch as my said daughter-in law has hitherto declined to make over to hei 2T8 THE WIDOW HARDENBROOK TRACt. said cliildren tlie said share in my deceased wife's estate, I feel myself in duty bound not only to notice the fact above stated, but to frame the provisions of this my will in regard to my said grandchildren accordingly. Fifth. Should my said daughter- in-law, at any time during my life or within thirty days after probate shall have been granted on this my will, and a copy thereof duly delivered to her, grant and conve}' to my said grandchildren, or such of them as may be living, all and singu- lar her interest in my said wife's real estate, or should she have taken such measures as would fully assure to them, or the sur- vivors of them, her interest in the said estate on her death, or should she be then deceased and the said estate vested in her said children as her heirs-at-law or devisees, and should her said children, any or either of them, survive me, then and in that case I hereby order and direct all my personal estate, my just debts and funeral and testamentary charges being first paid thereof, to be divided into four equal parts, and so much of my real estate as is situate either in the City and County of New York or in the County of Kings, to be likewise divided into four equal parts. ***** Eighth. Three of the said equal fourth parts of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to my said three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, one of the said equal fourth parts to each of them, for and during his life, and I give to each one of my said three sons power, according to a full disd'etion hereby given to each of them, to dispose of his own share of the said last mentioned real estate by will among his lawful issue and among his brothers and their lawful issue, including the said three children of my said deceased son, Peter Augustus, or among any of the said persons, in such shares and proportions and on such law- ful conditions and limitations as he may think fit. Should either of my said three sons die without exercising the power THE WIDOW IIARDENBROOK TRACT. 2Y9 above given, I hereby give, devise and bequeath the share of the one, so dying, in the said last-mentioned real estate to his lawful issue, taking by representation, and to their heirs and assigns forever ; but should the one so dying leave no lawful issue him surviving, then I give his share in the said last-men- tioned real estate to his brothers and their lawful issue, taking by representation as to the issue of my said deceased son, Peter Augustus, and as td the issue of such of my other sons as may then be deceased. Ninth. Tlie remaining equal fourth part of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to tlie three children of my said deceased son, Peter Augustus, that is to say, Ellen, Henry A. and Frederick Augus- tus, in equal portions or share and sliare alike, and to her, his and their heirs forever, during the lives of the said Henry A. and Frederick Augustus and the survivor of them, but upon the death of such survivor the said remaining fourth part of the said last-mentioned real estate is to vest in the lawful issue of the said Henry A. and Frederick Augustus and in the said Ellen, if then living, or if she be then deceased, in her issue. Should one or two of my said three grandchildren die at or before the determination of the life estate above created in respect to their share, without having lawful issue, the interest of the one or two, so dying, in the said last-mentioned real estate shall pass to the survivors or survivor of them and to her, his or their lawful issue. Should all of my said three grandchildren be deceased at the time of the termination of the life estates above created in respect to their share, leaving no lawful issue, or should the said Ellen, after the whole of the said remaining fourth part of the said last-mentioned real estate may have vested in her, by reason of the decease of the said Henry A. and Frederick iVugustus, leaving no lawful issue, die under the age of twenty-one 3'ears and leaving no issue, then the said remaining fourth part of the said last-mentioned real estate '280 THE WIDOW HARDENBROOK TRACT. shall vest in my right heirs-at-law. Tenth. But should my said daughter-in-law, contrary to my wishes and earnest entreaties, refuse or decline or neglect to vest, or cause to be vested, in my said three grandchildren, or the survivors or survivor of them, the said estate derived by her under the will of her said hus- band from my deceased wife, in manner aforesaid, or should my said three grandchildren all die before me without leaving any issue, then and in either such case I hereby order and direct the whole of my estate, both real and personal, to be divided into three equal parts, one of which parts I hereby give and devise and bequeath unto each of my three said surviving sons, their respective executors, administrators, issue and heirs, under the same limitations and restrictions, with the same powers, in the same events, for the same estates and in the same manner in all respects as is above particularly expressed in regard to each of my said three surviving sons, in the event of ■_my estate being divided into four equal parts. Eleventh. Whatever shares, whether the one-fourth or the one-third part, my said three surviving sons may respectively take in my estate, I hereby authorize and empower them respectively, and each of them, and the guardians for my said three grandchildren during their respective minorities, and my said three grandchildren them- selves, after their respective majorities, in case they shall take a share in my estate under this my will, to lease their respective shares of my real estate, or any part or parts thereof, for any term of years not exceeding seven, to commence in possession or within three months after the execution of the lease, except the lots of the Louvre and Belmont Farms, and the lots in the City of Brooklyn, which may be let for any term of years they may severally see fit, not exceeding twenty-one years. * * * Fourteenth. Believing it to be for the advantage of my children, I do most earnestly recommend that no actual division or par- tition be made of my real estate, but that they will agree that the same be managed as one entire estate, etc. ***** THE WIDOW HARDEXBROOK TRACT. 2S1 Lastly. In order to provide for the event of any lapsed or void legacy or devise, or any other contingency which may happen, whereby it may be adjudged that I shall have died intestate in regard to any part or parts of my property or estate, either real or personal, I hereby give, devise and bequeath all and singular the rest, residue and remainder of my property and estate, whatsoever and wheresoever, both real and personal, unto my before-named three* sons and my said three grandchildren (the said grandchildren, or the survivors or survivor of them, taking together, if more than one, one share), share and share alike, in case my said grandchildren shall, according to the foregoing provisions of my will, take any share in my said property and estate. But in case they shall not take any share therein, then I hereby give, devise and bequeath the said rest, residue and remainder to my said three sons and the issue of such of them as may hereafter die before me, such issue taking the same share as the deceased parent would have taken, had he sur- vived me." By codicil dated 3d February, 1852, he provides, amongst other clauses, as follows : " First. Whereas I have, by my said will, given and devised to each of my three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, for their respective lives, a certain sliare or por- tion of my real estate, with remainder to certain persons and in certain events in said will specified. And whereas I now deem it expedient to give to each of my said three sons in fee the portion of my said real estate which would vest in him for life under my said will ; now therefore, I hereby revoke, annul and disallow all and singular the pi'ovisions of my said will whereby any future estate is created in either of said three shares after the death of my said sons or either of them, or whereby any part of my real estate is devised to any persons or class of persons on the death of my said sons or either of thctn. 282 THE WIDOW HARDENBROOK TRACT. And I hereby give and devise to each of my said three sons absolutely in fee all and every share or portion of my real estate by said will given or devised to him for life, subject neverthe- less to the power of sale by said will and by this codicil con- ferred on my executors as to certain parts thereof, but with no other restriction, limitation or qualification. And it is my meaning and intention that this modification of said devise shall equally take eflect whether the share of my real estate taken bv each of my said sons shall be the one-third or the one-fourth part thereof, or, in other words, whether the widow of my deceased son, Peter Augustus Schermerhorn, shall or shall not elect to complv with the condition on which I have by my said will devised a part of my property and estate to the children of my deceased son. Second. I authorize and empower mv said Executors, in their discretion, and whenever they may think fit, to sell and convey those portions of my real estate in the City of New York which are known as the Louvre Farm and the Belmont Farm, or any part or parts of either, and my real estate in the City of Brooklyn or any part or parts thereof, the proceeds of any such sale to be deemed real estate and not per- sonal property, to be disposed of by my said executors accord- ingly." Peter vSchermerhorn died on 33d June, 1852, leaving him surviving three children — 1. John Jones Schermerhorn, 2. William C. Schermerhorn, 3. Edmund H. Schermerhorn, and three grandchildren, children of his deceased son, Peter Augustus Schermerhorn — 1. Ellen, afterwards wife of Richard T. Auch- muty, whom she married in February, 1867. 2. Henry A. Schermerhorn, 3. Frederick A. Schermerhorn. THE WIDOW HARDEXBROOK TRACT. 283 Henry A. Schermerhorn, one of the children of Peter Augus- tus Schermerhorn, died on 9th June, 1S69, unmarried, intestate and without issue. Adeline E. Schermerhorn DEED. Dated i6th July, 1852. EllenSchermBrhorn,HenrvI P'"°^^^ i6th July, .852. A. Schermerhorn WFred-( f^'' "^^ J^'^' ^^52. ERICK Augustus SchermerA ^^ Conveyances, 621 horn. Consideration, $1.00. Recites will of Peter Augustus .Schermerhorn, and the will of his ffither, Peter Schermerhorn, and that she, the said Adeline E. Schermerhorn, has elected to dispose of the share of the said Peter Augustus Schermerhorn in the real estate of his mother, vested in her by his will, in such manner as to comply with the provisions of the said will of Peter Schermer- horn. Conveys all and singular the share, part and portion which the said Peter Augustus Schermerhorn had and inherited, or was in any way entitled to at the time of his death, in the real estate whereof his mother, the said Sarah Schermerhorn, died seised, or was in any way entitled to at the time of her death, and which passed and were devised by him, the said Peter Augustus Schermerhorn, under and by virtue of his last will and testament to the said party of the first part. Attached to this deed and recorded immediately thereafter is an admission, by the testamentary guardians of the infant children of said Peter Augustus Schermerhorn, of due delivery of said deed to them on i6th July, 1852. 284 THE WIDOW HARDENBROOK TRACT. SUPREME COURT. City and County of New York. William C. Schermerhorn «;?<^ Ann E. H., /lis zvifc, against G. T. Strong and Edmund H. Schermerhorn, ^ ^ (^j^^^^^^^^ j^^^^ John Jones Schermerhorn,] Frederick A. Schermer- horn ««(^ Richard T. Auch- muty and Ellen, his wife. Plaintiff's Attorneys. 1869 — -June 18. Complaint in partition filed. July 14. Order of reference to James S. Merriam on title. Consent of Chas. E. Strong, attorney for all defendants, attached to this order. 1S70 — February 4. Referee's report on title filed. February 4. Decree of partition entered. James Cruik- shank, Andrian H. Muller and James F. Chamberlain appointed Commissioners of partition. Consent of Charles E. Strong annexed. 1 87 1 — November 4. Commissioners' report of partition filed. November 4. Final judgment of partition entered, on similar consent. Commissioners caused a map to be made of the property to be partitioned, which included also lot number one of the Louvre Farm. This map is bound in a book, and filed in the Regis- ter's office in case number 726. They set apart To William I . Schermerhorn allotments numbered one and two, and the color I'cd, comprising lots 37, 38, 39, 40 THE WIDOW HARDENRROOK TRACT. 285 on block 271 ; 9, 10, ir, 12, 37, 38, 39, 40, 45, 46, 47, 48 on block 272 ; 19, 20, 21, 22, 23, 24 on block 370 ; i , 2,3,4,5, 6, 7,8,9, 10, 11, 12, 13, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 183 ; 28>^, 29, 30 on block i8i ; 13, 14, 15, 16, 17, 18, 19, 20, 21, 32. 23, 24, 25, 26, 27, 28, 29, 30, 31,32, 33, 34, 35, 36 on block 93 ; 28/^ on block 90; 22, 23, 24, 25, 26, 27, 28, 29 on block 91 ; 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 31, 23, 30, 31, 32, 33. 34^ 35. 36, 37. 38, 39. 40. 41. 42. 43. 44. 45. 46, 47, 48, 49, 50, 51, 52 on block 28. To Edmund H. Schermerhorn allotments seven and eight, col- ored green, comprising lots 41, 42, 43, 44. on block 271 ; 21, 33, 33, 34, 2^, 26, 27, 28, 5, 6, 7, 8, 41, 42, 43, 44 on block 273 ; 35, 26, 37, 38, 29, 30 on block 270; 14, 15, r6, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 38, 39, 30, 31, 32, 33, 34. 35. 36, 37. 38' 39 on block 183 ; i, 3, 3, 4, 5, 6, 7, 8, 9, 10, II, 13,37, 38,39,40. -11,42, 43. 44. 45. 46. 47. 48 on block 93 ; i, 3, 3, 4, 5, 6, 7. 8, 9, 10, II, 13, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 30, 31, 33, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43. 44, 45, 46, 47, 48, 49, 50, 51, 53 on block 39. To John Jones Schermerhorn allotments numbers five and six, colored yellow, comprising lots 45, 46, 47, 48. 33. 34. 35. 36. 19. ?0' 21, 33, 33, 34 on block 371 ; 13, 14, 15, 16, 33, 34, 35, 36 on block 373 ; 53, I, 2,3,4, 5. ^' 7' 8. 9. 10. 11. 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 33, 34, 35, 26, 27 on block 184; 14, 15, 16, 17, 18, 19, 20, 21, 32, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34. 35. 36, 37. 38, 39 o" block 182, 47 on block 'jiS6 THE WIDOW HARDENBR(X^K TRACT. 92 ; I, 2, 3, 4, 5, 6, 7, 8, 9, 10, II, 12, 13, 14, 15, 16, 17, 18, 19, 20, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 27. To Elle*u Aiichmuty allotment three, colored blue, comprising lots 27, 28, 29,30 on block 271 ; 3,4, 19, 20, 29, 30 on block 272 ; 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 182 ; i, 2, 3, 4, 5, 6, 7, 8, 9, 10. II, 12, 47, 48 on block 94; 26, 27, 28, 29 on block 92 ; 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 38, 29 on block 26. Tu Frederick A. Schermerhorn allotment four, colored pink, comprising lots 25, 26, 31, 32 on block 271 ; i, 2, 17, iS, ^i, 32 on block 272 ; i, 2, 3, 4, 5, 6, 7, 8, 9, 10, II, 12, 13 on block 182 ; 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 on block 94 ; 22, 23, 24, 25 on block 92 ; i, 2, 5, 6, 7, 8, 9, 10, II, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 on block 30. Ellen Auchmuty to pay $244.34^ to Frederick A. Scher- merhorn. John Jones Schermerhorn to pay $1,633.21 to Wm. (". and Fred. A. Schermerhorn. I c/ej ^n //le #/^/^^ v^^^/^i??^^^/ WJ^ ^iac/. HE. LOUVRE FARM. The title to this tract was originally derived from three sources, as follows : The Northeasterly portion, consisting of about sixty acres, was conveyed by Patent from the State to John Bassett. The Southeasterly portion, consisting of about thirty acres, was conveyed by Patent from the State to Cor- nelius Mattysen. The rest of the tract, consisting of about thirty-three acres and a quarter, was conveyed by the City to John Jones. (See Map of the Patents, ante page 249, for the location and boundaries of these respective pieces.) Title to John Bassett Piece. PATENT. Sir Edmund Andros, J Dated 9th Oct., 1677. Governor, etc., \ Recorded in Secretary State's Office at AI- to John Bassett. ^ bany. 4 Patents, 127. " Whereas there is a certain piece of land upon this island Manhattans, ye which, by virtue of my warrant, hath beane layd out for John Bassett, ye said land being in breadth by ye water side eighty rodds, and ranging into ye woods one hun- dred and twenty rodds, being bounded to ye Northeast by ye land of George Elverson, to ye Northwest by ye Commons, and 288 THE LOUVRE FARM. to ye Southwest by ye land of Cornelius Mattison. Containing in all sixty acres, as by ye returne of ye survey may and doth appeare." Conveys said premises to the patentee, reserving " a quitt rent of one bushell of good winter wheat, to be paid at New York." John Bassett to William Green. Conveys same premises. William Green to William Hallett. Conveys same premises. William Hallett to George Hallett. DEED. Not recorded, bnt recit- ed in 65 Conveyances, 367. DEED. Not recorded, but recit- ed in 65 Conveyances, 367. DEED. Not Recorded, but recit- ed in 65 Conveyances, 367. Conveys same premises. Title to Cornelius Mattysen Piece. Sir Edmund Andros, Governor, etc., to Cornelius Mattysen. PATENT. Conveys that certain piece of land upon this Island Man GENERAL TITLE. 289 hattans lying and being to ye Northward of Turtle Bay, being bounded to ye Southwest by ye land of Jacobus Fabricius, and to ye Southeast by ye River, being in breadth by ye River eighty rods, and in length one hundred and twenty rods, being bounded to ye Northeast by ye land of John Bassett and to ye Northwest by ye Commons. Containing sixty acres. A DEED. Cornelius Mattysen j ., T~r, r Not recorded, but recit- ^^ > ed in Johannes Pieterson. \ 65 Conveyances, 367. Conveys the Northeasteidy thirty acres included in the tract in question. DEED. but recit- Johannes Pieterson i ^- ^ — — - f Not recorded, ^^ / ed in George Hallett. \ 65 Conveyances, 367. C ONVEYS same premises. Thus George Hallett became seised of ninety acres of the farm in question, being all of said farm not vested in the City. \ DEED. George Hallett a^/d j Frecilla, h'swt/c, I Dated 2d May, 1727. , / Not recorded, but recit- A T \ cd in Abraham Lameter. W .. ^ j 65 Conveyances, 307. Conveys said ninety acres. 290 THE LOUVRE FARM. DEED. Abraham Lameter and Catharina, /«.j- Te'Z/V', ( Dated nth Sept., 1742. I to David Provoost Not recorded, but recit- ed in 65 Conveyances, 367. Conveys all them two tracts, pieces or parcels of lands situ- ate, lying and being on the Island Manhattans, in the outward of the City aforesaid, containing ninety acres in all, sixty acres whereof was by patent from Edmund Andross, Esq., then Gov- ernor and Commander-in-chief of this Province, granted to John Bassett, his heirs and assigns, which patent bears date the ninth dav of October, Anno Domini 1677, which said John Bassett did convey the said sixty acres to William Green, and the said William Green did convey the same to William Hallett, and the said William Hallett did grant the said sixty acres to George Hallett, his heirs and assigns forever. And thirty acres, residue of the said ninety acres, was likewise granted by the said Edmund Andross, Esq., to Cornelius Mattysen, and con- veyed by the said Cornelius Mattysen to Johannes Pieterson, and conveyed by said Pieterson to the said George Hallett and to his heirs and assigns forever, which said sixty acres and said thirty acres was granted, sold and conveyed by the said George Hallett and Precilla, his wife, unto the said Abraham Lameter by an indenture bearing date the second day of May, Anno Domini 1727, reference being thereunto and all other the conveyances respectively above-mentioned had, may more fully and at large appear, and the said sixty acres contains in breadth along the water side eighty rod, and ranging into the woods one hundred and twenty rod, being bounded on the Northeast by the land late of Thomas Hook, deceased, and now of Johannes Devoer, to the Northwest by the Commons, to the Southwest by the said thirty acres, and Southeast by the River. And the said thirty acres contains in breadth by the water side GENERAL TITLE. 291 forty rod, and ranging into the woods one hundred and twenty rod, being bounded Southwest by the land now of John Bass, Northeast by the said sixty acres, Northwest by the Commons, and Southeast by tlie River, more or less. David Provoost / Dated 6th Dec, 1777. fo \ Not recorded, but recit- ed in 44 Conveyances, 23c. Sarah Bolton Loftus. I Nc S DEED. Conveys all that certain Mansion or Dwelling House, Lands and premises, called the Louvre Farm, situate, lying and being in the outward of the City of New York aforesaid. '• To have and to hold the said mansion or dwelling-house and farm and premises therein mentioned and described, and thereby granted, or meant, mentioned or intended so to be, with their and every of their appurtenances, from and immediately after the decease of the said David Provoost, unto and to and for the sole and only pro- per use and benefit and behoof of the said Sarah Boulton Loftus, during the term of her natural life, if she shall so long remain unmarried, the family of the said David Provoost having liberty to go to and from the Family Vault, as occasion may require, with full power and authority hereby given her, if she should survive the said David Provoost, to grant, convey and assign, either by Deed or Will, as she, the said Sarah Boulton Loftus, should think fit, all and singular the said mansion or dwelling house, lands and farm, called the Louvre, thereinbefore men- tioned and described, and all and every the Hereditaments and appurtenances, as well as the several articles and things what- soever to and about the same, unto such Grand Child or Grand Children of him, the said David Provoost, lawfully begotten, whether in line of his son John Provoost or that of his son William Provoost, in such proportion, share and pai't as the 292 THE LOUVRE TRACT. said Sarah Boulton Loftus should, by such deed or will, direct and appoint, and to be and remain by virtue thereof unto such Grand Child or Grand Children and his, her or their Heirs Male forever, as tenants in common and not as joint tenants." Last Will and Testament Dated ist Sept., 1781. of \ Proved 29th Oct., 1781, David Provoost. \ 34 Wills, 304. " I do hereby ratify and confirm the deed of gift which I have heretofore executed to the said Sarah Bolton Loftus, for the farm, buildings and improvements thereon, on which I now reside, situate on the East River, and commonly called the Louvre, and also all such other deeds and instruments in writing as I have heretofore executed to the said Sarah Bolton Loftus, which I hereby will shall have their full power and effect, ac- cording to their true intent and meaning." \ DEED. Sarah Bolton Loftus ) fQ I Dated 19th Mar., 1787. James Provoost, elelest son of\ Ack. 22d Mar, 1787. John Provoost, eldest son oA Rec. 4th June, 1787. David Provoost. \ 44 Conveyances, 230. / Considerat'n, 10 shillings Recites a request by the children of John and William Pro- voost, the sons of said David Provoost, that the said Sarah Bolton Loftus execute the power, trust and authority given her by said deeds and will, and that, in execution thereof, she con- vey the said premises to James Provoost, one of said grand- children, and to his heirs and assigns, to the end that he, the said James Provoost, being so seised, may convey and grant unto the rest of the said grandchildren of said David Provoost, each one equal and undivided eighth part of said premises, to GENERAL TITLE. 293 be held and enjoyed by them and their respective heirs and assigns as tenants in common, after the death of the said Sarah Bolton Loftus. Conveys same premises " in as full and ample manner as she, the said Sarah Bolton Loftus, hath power and authority to grant and convey the same." To have and to hold the same, from and immediately after the decease of the said Sarah Bol- ton Loftus, unto the said James Provoost, his heirs and assigns forever. James Provoost to John Provoost, of 2d part, David Provoost, of id part, J OH ANA BOWNE, of 4th part. Children ^/ JOHN PROVOOST, William Provoost, ^/ 5/// /«;-/, Ij^ec. 5th June, iVs? DEED. Dated 20th Mar., 1787. Ack. 22d Mar., 1787. Catharine Provoost, of 6th part, Johanna Kelly, zvife of Samuel Kelly, ofjthpart, Helena, wife of Peter Ys- brand Buurma, of ^th part, Children of WILLIAM PRO- VOOST. 44 Conveyances, 238. Considera'n 10 shillings. Conveys to each one full, equal and just undivided eighth part of same premises. DEED. Same to Same. Dated 21st Mar., 1787. Ack. 22d Mar., 1787. Rec. 6th June, 1787. 44 Conveyances, 253. Consideration, £10. 29i THE LOUVRE TRACT. Recites that " whereas it is the intention of the said parties to "these presents that the estate of the said David Provoost, deceased, shall be divided equally among all his Grand Chil- dren, and Doubts may arise as to the Construction or Efficacy af any Deeds already executed for that purpose by the said James Provoost, and in order to remove all doubts." Conveys to said parties (in their actual possession by virtue of a bargain and sale thereof made for one whole year, by indenture bearing date the day next before the date of these presents, and by force of the statute for transferring uses into possession) and to their heirs and assigns forever, all those seven equal undivided eighth parts, the whole into eight equal parts to be divided, of same premises by same description. Catharine Provoost married Samuel Armour. Helena Y. Buurma became a widow and married David Deas, as recited in next deed. James Provoost died, leaving two children, viz. : Catharine Johanna, who married Benjamin R. Seaman, and Ann R., who married George C. Thomas. \ John Bowne a«^ Johanna, /«> \ wife, of 1st part, John Pro- voost and Catharine, ]iis ' DEED. ivifc, of 2d part, Samuel Dated i8th Mar., 1796 ./ ^dpart, Samuel Armour' ^^^ ^^^^ ^^^^ ^g^^ Kelly .^6? Johanna, /./.«.//-., ^ j^^^^ ^^^ ^.^^^^^^ ^^^^^ and Catharine, his zvife, of ^^ Conveyances, 367 ^th part, DAVID Deas and^ Consideration,;^i,250to Helena, his wife, of ^thpart,' William T. Provoost and Mary, his wife, of 6th part, to John Jones. each of said six par- ties. GENERAL TITLE. 295 Conveys six full, equal and just undivided eighth parts of same tract, after the death of Sarah Bolton Loftus. Excepting and reserving unto and to the use of said parties of the first, second, third, fourth, fifth and sixth parts, their heirs and assigns forever, all their right and interest of, in and to the family vault built on the aforesaid premises by the said David Provoost, in which the remains of the said David Pro- voost are deposited, with free liberty of egress and regress to and from the said vault by such way or passage, leading from the same, as he, the said John Jones, shall direct and appoint. Mr. Holmes, in his map of this farm, locates this cemetery on the North side of 71st street, about 250 feet East of Avenue A. Sarah Bolton Loftus / DEED. to ) Recited in the following John Leary, Jr. \ deed. Conveys her life estate in same premises. DEED. John Leary, Jr., and j Dated 7th July, 1796. Elizabeth, /tis wife, ( Ack. 7th July, 1796. ^0 ( Rec. 14th Oct., 1803. John Jones. \ 65 Conveyances, 377. J Consideration, ;^4,200. Conveys said life estate of Sarah Bolton Loftus in same premises. DEED. David Provoost ^;/^ i Dated 14th May, 1802. Elizabeth, /its wife, ( Ack. 14th May, 1802. to Rec. 15th Oct., 1803. John Jones. \ ^5 Conveyances 379. Consideration, £1,250. 296 THE LOUVRE TRACT. Recites purchase by John Jones of the Louvre Farm on 7th July, 1796; that David Provoost, being then an infant, John Bow^ne, his guardian, agreed to sell said infant's interest in said farm for £1,250, and that said infant should ratify such sale on coming of age and execute a deed of said premises, and further recites that the said David Provoost had now reached full age. Ratifies said contract of sale and releases and conveys same premises by same description, with same reservation. Benjamin R. Seaman and Catharine Johannah, his wife, to John Jones. DEED. Dated 24th Oct, 1804 Ack. 24th Oct., 1804. Rec. 28th Mar., 1805. 69 Conveyances, 224. Consideration, $2,800. Conveys one full equal undivided sixteenth part of same premises by same description, with same reservation. George C. Thomas and Ann R., his wife,, to John Jones. DEED. Dated 29th April, 1806. Ack. 30th April, 1806. Rec. 30th Aug., 1809. 84 Conveyances, 56. Consideration, $3,100. Conveys one full equal undivided sixteenth part of same premises by same description, with same reservation. Previous to obtaining the above releases from the grand- children of David Provoost, the title had become vested in John Jones, by sale to him by virtue of an act of the legislature, as follows : GENERAL TITLE. '297 An act of the Legislature was passed April 25, 1785, vesting all the real estate of which the said David Provoost died seised, in George Remsen, Charles Crommelien and Aaron Burr and the survivor of them, in trust to sell and dispose of as they shall deem most conducive to the interest of the devisees of the said David Provoost. And the act further provided that, if they or either of them should neglect or refuse to assume the trust, the Chancellor, upon the application of any of the devisees, might appoint others in their place. Charles Crommelien and Aaron Burr neglected and refused to assume the trust, and the chancellor, on the petition of the devisees of David Provoost, on 2 1 St December, 1785, appointed Daniel Ludlow and Rem P. Remsen Trustees in ptace of those so refusing. \ DEED. George Remsen, Daniel Lud- j LOW and Rem P. Remson, / Dated 13th Mar., 1796. Trustees as aforesaid, \ Ack. 21st Mar., 1796. tQ ( Rec. 13th Oct., 1803. John Jones. \ ^5 Conveyances, 363. Considera'n 20 shillin gs. Recites above act and proceedings and conveys same prem- ises with same reservation. Thus John Jones became seised of the whole of said ninety acres, part of the farm in question. The rest of said farm was derived by deed from the City as follows : The Mayor, Aldermen and Com- monalty of the City of Neiv York\ to John Jones. DEED. Dated 27th Jan., 1800. Not recorded, but recit- ed in 482 Conveyances, 207. 298 THE LOUVRE TRACT. Conveys all that certain piece, lot or parcel of the Common Lands of the said party of the first part situace in the Seventh Ward of the City of New York, and described in the survey and map or chart of the said common lands filed in the office of the Clerk of the City. Bounded in front to the Northwest by the public road or highway commonly called the Post Road, as the same is lately laid out, and in the rear to the Southeast by the land of said party of second part, to the Northeast by other of the said common lands lying between the lands now or late of Dickson, Stockholm & Co. and the said Post Road, and on the Southwest by other of the said common lands now in the possession of and granted, or intended to be granted, to John Hardenbrook. Containing thirty-three acres and one- fourth part of an acre. Subject, however, to certain yearly rents. These rents were commuted and released by instrument dated i8th November, 1S46, and recorded in Liber 482 Con- veyances, 207, in consideration of $683.29. John Jones, being thus seised of the whole of said farm, died on 29th September, 1806, intestate, leaving him surviving Eleanor Jones, his widow, and 1. Sarah, wife of Peter Schermerhorn. 2. John Jones. 3. James I. Jones. 4. Frances M. Jones, who married Edmund H. Pendleton in January, 181 1. 5. Isaac Coiford Jones, 6. William Henry Jones. 7. Eleanor Margaret Jones, who died in January, 1814, in- testate, unmarried and without issue. GENERAL TITLE. 299 IN CHANCERY. Before Chancellor. Peter Schermerhorn, Jr., and Sarah, his tvife, vs. John Jones, James I. Jones, Ed- mund H. Peis^dleton and Frances Maria, his wife, Isaac ColfordI Jones cmd William Henry Jones' {an infant by John Jones, his guar- dian) and Eleanor Jones. 1S14 — -June 29. Bill for partition tiled. Julv 15. Order on petition of infant, appointing John Jones guardian ad litem of Wil- liam Henry Jones. Answer filed. July 15. Answer of John Jones, James I. Jones, Ed- mund H. Pendleton and Frances Maria Pendleton, his wife, and Eleanor Jones, filed. July 15. Answer of Isaac C. Jones. July 15. Order of reference on rights of parties, title, etc. July 15. Master's report filed. 1S16 — November i. Decree of partition entered, appointing Joshua Jones, Francis B. Winthrop and Isaac Jones Commissioners of Partition. 181 7 — July 8. Commissioners' report of partition filed. They divided the premises into six lots, allotting them as follows : Lot one to Sarah Schermerhorn, whose share was charged with the pay- ment of $2,123.59;^. 300 THE LOUVRE TRACT: GENERAL TITLE. 1817 — July 8, Lot two to James I.Jones, whose share was charged with the payment of $7i.09>^. Lot three to John Jones, whose share was charged with the payment of $6,222.65. Lot four to Isaac Colford Jones. Lot five to Frances M. Pendleton, Lot six to William H.Jones. Final decree of partition entered. iSiS — October 8. Decree enrolled. -A — — — ^ \ esjxsjijijos eiUiin . ^:'^k^s:z:^,^rj^ ^ "cl Ul CI i! " 1 1 !CjU 1 r 300 THE LOUVRE TRACT: GENERAL TITLE. NINTH E Of JAMES\ f 6 1 J ? 9 10 II / LIQHTH Y SEVENTH TY-snjH i\ ^^ SUB-DIVISION NUMBER ONE OF THE LOUVRE FARM. Sub-division number one (No. i) was set apart to Sarah Schermerhorn, and is described in the said Commissioners' report in suit of Schermerhorn z*.?. Jones, as "situated, lying and being in the Ninth Ward of the City of New York, be- tween the after-mentioned Third Avenue, leading to Harlaem Bridge, and the East River. Bounded Southeasterly by the East River, Northwesterly by the Avenue distinguished on the City map, made by or under the direction of the Commissioners appointed by an act entitled. An act relative to improvements touching the laying out of streets and roads in the City of New York, and for other purposes, passed April 3, 1807, by Third Avenue, Southwesterly by land and premises now or lately in the possession of the Widow Hardenbrook. and Northeasterly by lot (No. 3) number two of the said premises, so by us divided as aforesaid, and more particularly Butted, Bounded and described as follows, that is to say : Beginning at the South- easterly corner of the said premises, so divided by us, on the East River, at the said land and premises now or lately in the 302 SUB-DIVISION NUMBER ONE possession of Widow Hardenbrook, and running thence along the' division line between the said land and premises now or lately in the possession of the Widow Hardenbrook and the said premises so by us divided, from the East River to the Third Avenue, the courses and distances as follows, to wit : running from the said place of beginning first North forty-eight degrees, West seven hundred and twenty-two feet ; then North forty-six degrees, West two hundred and twenty-four feet ; then North forty-five degrees, West four hundred and fifty-five feet ; then North forty-eight degrees, West four hundred and thirty feet, and then North fifty degrees and thirty minutes. West nine hundred and forty feet to the said Third Avenue, at the dis- tance of ninety-six feet from the Southwesterly side of the street distinguished on the City Map aforesaid h^ Sixty-eighth Street ; and thence running Northeasterly on and along the Southeast- erly side of Third Avenue three hundred and fifty-six feet and eight inches, crossing Sixty-eighth Street to the street distin- guished on the City Map aforesaid by Sixty-ninth Street ; then Southeasterly on and along the Southwesterly side of Sixty- ninth Street to and across the Avenue distinguished on the City Map aforesaid by Second Avenue seven hundred and ten feet to the Southeasterly corner made by the intersection of said Second Avenue and said Sixty-ninth Street : then Southwest- erly on and along the Southeasterly side of Second Avenue seventy-seven feet four inches ; then Southeasterly on a parallel line with Sixty-ninth Street and at the distance of seventy-seven feet and four inches Southwesterly therefrom to and across the avenue distinguished on the City Map aforesaid by First Avenue seven hundred and fifty feet (o a ponit or place on the Southeasterl}' side or line of the said First Avenue at the dis- tance of seventy-seven feet and four inches Southwesterly from the Southeasterly corner made by the intersection of the said First Avenue and Sixty-ninth Street ; then Southwesterly on and along the Southeasterly side or line of the said First Avenue OF THE LOUVRE FARM. 303 two himdied and thirty-eight feet and eight inches to a point or place on the said Southeasterly line or side of First Avenue fifty-five feet four inches Southwesterly from Sixty-eighth Street aforesaid : thence Southeasterly on a line parallel with Sixty- eighth Street and at the distance of fifty-five feet four inches from the Southwesterly side thereof seven hundred and seventy feet to and across the avenue distinguished on the City Map aforesaid by Avenu& A ; then Southwesterly on and along the Southeasterly line or side of Avenue A ninety-five feet four inches to a point or place on the said Southeasterly side or line of said Avenue A fifty feet Northeasterly from the street dis- tinguished on the City Map aforesaid by Sixty-seventh street ; thence Southeasterly on a line parallel with Sixty-seventh Street antl at the dista'nce of fifty feet from the Northeasterly side thereof to the East River ; and then along the said East River as it runs, crossing Sixty-seventh Street, and being three hundred and thirty-seven feet, measuring the same on a line at rig^ t angles with the said last-mentioned street, to the said Southeasterly corner of the said premises so divided, to the aforesaid place of beginning. Containing, inclusive of streets and avenues, twenty-one acres, three roods and two perches of land, according to the survey and map aforesaid made of the said premises under our direction as aforesaid." Sarah Schermerhorn diedon iSth April, 1S45, intestate, leav- ing her surviving her husband, Peter Schermerhorn. 1. John Jones Schermerhorn, 2. William C. Schermerhorn. 3. Edmund H. Schermerhorn, 4. Peter Augustus Schermerhorn, her only children and heirs-at-law. Peter Augustus Schermerhorn, one of said children, died on 6th May, 1845. 304 SUB-DIVISION NUMBER ONE Last Will and Testament ^T f Dated 27th Mar., 1845 Peter Augustus Schermer- [ P^'o^^^ 28th May, 1845 HORN. \ 9' Wills, 296 I Gives to his Executors and Trustees out of his personal estate an amount equal to the sum of $30,000 multiplied by the number of children (including posthumous children which may be living at the time of his decease), to be held in trust as therein provided, and then makes the following devise : '' All the rest, residue and remainder of the estate, both real and personal, which I shall be seised, or possessed of, or in any way entitled to at the time of my decease, I give, devise and bequeath unto my said beloved wife, Adeline, to have and to hold the same, as to the real estate, unto her heirs and assigns forever, and as to the personal estate, unto her executors, ad ministrators and assigns forever ; and in view of this bequest and devise I rely upon the parental affection of my said wife to maintain, support and educate my children in a manner suit- able to her means and their station at her own expense until they shall receive their shares of the amount above bequeathed unto my said trustees, or respectively attain lawful age. * * * The provisions hereby made for my said wife, being intended by me, and is to be accepted by her, in bar and lieu of all dower, right and other claims which she may have upon my estate, either real or personal." John Jones Schermerhorn, ] DEED. Edmund H. Schermerhorn, / ^ , 7~ William C. Schermerhorn f ^^^ ","t ?'" ^ ^-• W Adeline E. Schermer- ) ^^^- "^dSept, 1845. / Rec. 3d Oct., 1845. Y 463 Conveyances, 538. Peter Schermerhorn | Consideration, $5.00. HORN • to OF THE LOUVRE FARM. 305 Conveys the share, purport and portion of the said par- ties of the first part, and of each of them, of, in and to all and singular that certain farm, tract, piece or parcel of land, com- monly called and known as the Louvre Farm, situate, lying and being in the Twelfth Ward of the said City of New York and on the Easterly side of the Third Avenue, being part and parcel of the real estate whereof the said Sarah Schermerhorn, the mother of the said John Jones Schermerhorn, Edmund H. Schermerhorn, William C. Schermerhorn and Peter Augustus Schermerhorn died seised or entitled to, and which, upon her death, descended to them as her sole heirs-at-law, in ecjual por- tions or shares. Last Will and Testament i Dated nth May, 1849. 0/ ) Proved 8th July, 1852. Peter Schermerhorn. \ 104 Wills, 309. Testator appoints his three sons, John J. Schermerhorn, Ed- mund H. Schermerhorn and William C. Schermerhorn, and his friend, Edward Bancker, his executors ; and subsequently provides as follows : " Whereas my deceased son, Peter Augustus Schermerhorn, departed this life shortly after his mother, my late lamented wife, having, before the illness of my said wife and when him- self in failing health and without any prospect of surviving her, made and executed his last will and testament, whereby, after making a pecuniary provision for his three infant children, he bequeathed and devised to his wife, Adeline E., all the residue of his estate, both real and personal, whereof he might be seised or whereto he might be entitled at the time of his death, mean- ing and intending thereby, as I have no doubt, and as it was perfectly right and proper for him to do, to give back to his 306 SUB-DIVISION NUMBER ONE said wife the bulk of the large fortune which he received with her, but, in consequence of the sudden and unexpected death of his said mother a few days before him, his share in her real estate passed, under his said will, to his said wife, subject to my life estate therein, as tenant by the curtesy, which I have no doubt whatever, was contrary as well to his intention and wishes as to those of my said wife, could they have been ascer- tained or expressed in reference thereto, and inasmuch as my said daughter-in law has hitherto declined to make over to her said children the said share in my deceased wife's estate, I feel myself in duty bound not only to notice the fact above stated, but to frame the provisions of this my will in regard to my said grandchildren accordingly. Fifth. Should my said daughter- in-law, at any time during my life or within thirty days after probate shall have been granted on this my will, and a copy thereof duly delivered to her, grant and convey to my said grandchildren, or such of them as may be living, all and singu- lar her interest in my said wife's real estate, or should she have taken such measures as would fully assure to them, or the sur- vivors of them, her interest in the said estate on her death, or should she be then deceased and the said estate vested in her said children as her heirs-at-law or devisees, and should her said children, any or either of them, survive me, then and in that case I hereby order and direct all my personal estate, my just debts and funeral and testamentary charges being first paid thereof, to be divided into four equal parts, and so much of m}- real estate as is situate either in the City and County of New York or in the County of Kings, to be likewise divided into f«ur equal parts. ***** Eighth. Three of the said equal fourth parts of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to my said three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, one of the said equal fourth parts to each of them, for OF THE LOUVRE FARM. 307 and during his life, and I give to each one of my said three sons power, according to a full discretion hereby given to each of them, to dispose of his own share of the said last-mentioned real estate by will among his lawful issue and among his i-rothers and their lawful issue, including the said three children of my said deceased son, Peter Augustus, or among any of the said persons, in such shares and proportions and on such law- ful conditions and limitations as he may think fit. Should either of my said three sons die without exercising the power above given, I hereby give, devise and bequeath the share of the one, so dying, in the said last-mentioned real estate to his lawful issue, taking by representation, and to their heirs and assigns forever ; but should the one so dying leave no lawful issue him sui^viving, then I give his share in the said last-men- tioned real estate to his brothers and their lawful issue, taking by representation as to the issue of my said deceased son, Peter Augustus, and as to the issue of such of my other sons as may then be deceased. Ninth. The remaining equal fourth part of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to the three children of my said deceased son, Peter Augustus, that is to say, Ellen, Henry A. and Frederick Augus- tus, in equal portions or share and share alike, and to her, his and their heirs forever, during the lives of the said Henry A, and Frederick Augustus and the survivor of them, but upon the death of such survivor the said remaining fourth part of the said last-mentioned real estate is to vest in the lawful issue of the said Henry A. and Frederick Augustus and in the said Ellen, if then living, or if she be then deceased, in her issue. Should one or two of my said three grandchildren die at or before the determination of the life estate above created in respect to their share, without having lawful issue, the interest of the one or two, so dying, in the said last-mentioned real estate shall pass to the survivors or survivor of them and to her, his or their 308 SUB-DIVISION NUMBER ONE lawful issue. Should all of my said three erandchildren be deceased at the time of the termination of the life estates above created in respect to their share, leaving no lawful issue, or should the said Ellen, after the whole of the said remaining fourth part of the said last mentioned real estate may have vested in her, by reason of the decease of the said Henry A. and Frederick Augustus, leaving no lawful issue, die under the age of twenty-one years and leaving no issue, then the said remaining fourth part of the said last-mentioned real estate shall vest in my right heirs-at-law. Tenth. But should my said daughter-in-law, contrary to my wishes and earnest entreaties, refuse or decline or neglect to vest, or cause to be vested, in my said three grandchildren, or the survivors or survivor of them, the said estate derived by her under the will of her said hus- band from my deceased wife, in manner aforesaid, or should my said three grandchildren all die before me without leaving any issue, then and in either such case I hereby order and direct the whole of my estate, both real and personal, to be divided into three equal parts, one of which parts I hereby give and devise and bequeath unto each of my three said surviving sons, their respective executors, administrators, issue and heirs, under the same limitations and restrictions, with the same powers, in the same events, for the same estates and in the same manner in all respects as is above particularly expressed in regard to each of my said three surviving sons, in the event of my estate being divided into four equal parts. Eleventh, Whatever shares, whether the one-fourth or the one-third part, my said three surviving sons may respectively take in my estate, I hereby authorize and empower them respectively, and each of them, and the guardians for my said three grandchildren durmg their respective minorities, and my said three grandchildren them- selves, after their respective majorities, in case they shall take a shai^e in my estate under this my will, to lease their respective shares of my real estate, or any part or parts thereof, for any OF THE LOUVRE FARM. 309 term of years not exceeding seven, to commence in possession or within three months after the execution of the lease, except the lots of the Louvre and Belmont Farms, and the lots in the City of Brooklyn, which may be let for any term of years they may severally see fit, not exceeding twenty-one years. * * * Fourteenth. Believing it to be for the advantage of my children, I do most earnestly recommend that no actual division or par- tition be made of my real estate, but that they will agree that the same be managed as one entire estate, etc. ***** Lastly. In order to provide for the event of any lapsed or void legacy or devise, or any other contingency which may happen, whereby it may be adjudged that I shall have died intestate in regard to any part or parts of my property or estate, either real or personal, I hereby give, devise and bequeath all and singular the rest, residue and remainder of my property and estate, whatsoever and wheresoever, both real and personal, unto my before-named three sons and my said three grandchildren (the said grandchildren, or the survivors or survivor of them, taking together, if more than one, one share), share and share alike, in case my said grandchildren shall, according to the foregoing provisions of my will, take any share in my said property and estate. But in case they shall not take any share therein, then I hereby give, devise and bequeath the said rest, residue and remainder to my said three sons and the issue of such of them as may hereafter die before me, such issue taking the same share as the deceased parent would have taken, had he sur- vived me." By codicil dated 3d February, 1852, he provides, amongst other clauses, as follows : " First. Whereas I have, by my said will, given and devised to each of my three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, for their respective lives, a certain share or por- tion of my real estate, with remainiler to certain persons and 310 SUB-DIVISION NUMBER ONE in certain events in said will specified. And whereas I now deem it expedient to give to each of my said three sons in fee the portion of my said real estate which would vest in him for life under my said will ; now therefore, I hereby revoke, annul and disallow all and singular the provisions of my said will whereby any future estate is created in either of said three shares after the death of my said sons or either of them, or whereby any part of my real estate is devised to any persons or class of persons on the death of my said sons or either of them. And I hereby give and devise to each of my said three sons absolutely in fee all and every share or portion of my real estate by said will given or devised to him for life, subject neverthe- less to the power of sale by said will and by this codicil con- ferred on my executors as to certain parts thereof, but with no other restriction, limitation or qualification. And it is my meaning and intention that this modification of said devise shall equally take effect whether the share of my real estate taken by each of my said sons shall be the one-third or the one-fourth part thereof, or, in other words, whether the widow of my deceased son, Peter Augustus Schermerhorn, shall or shall not elect to comply with the condition on which I have by my said will devised a part of my property and estate to the children of my deceased son. Second. I authorize and empower my said Executors, in their discretion, and whenever they may think fit, to sell and convey those portions of my real estate in the City of New York which are known as the Louvre Farm and the Belmont Farm, or any part or parts of either, and my real estate in the City of Brooklyn or any part or parts thereof, the proceeds of any such sale to be deemed real estate and not per- sonal property, to be disposed of by my said executors accord- ingly-" Peter Schermerhorn died on 23d June, 3853, leaving him surviving three children — OF THE LOUVRE FARM. 311 I. John Jones Schermerhorn, 3. William C. Schermerhorn, 3. Edmund H. Schermerhorn, and three grandchildren, children of his deceased son, Peter Augustus Schermerhorn — 1. Ellen, afterwards wife of Richard T. Auch- muty, whom she married in February, 1867. 2. Henry A. Schermerhorn, 3. Frederick A. Schermerhorn. Henry A. Schermerhorn, one of the children of Peter Augus- tus Schermerhorn, died on 9th June, 1869, unmarried, intestate and without issue. Adeline E. Schermerhorn to DEED. Dated i6th July, 1852. Ellen Schermerhorn, Henry( ^''^^^^ i6th July, 1852. A. Schermerhorn «//^Fred-[ ^^^- ^^^ J"^>'' ^^5^ erick Augustus Schermer-V ^°^ Conveyances, 62 l horn. Consideration, $1.00. Recites will of Peter Augustus Schermerhorn, and the will of his father, Peter Schermerhorn, and that she, the said Adeline E. Schermerhorn, has elected to dispose of the share of the said Peter Augustus Schermerhorn in the real estate of his mother, vested in her by his will, in such manner as to comply with the provisions of the said will of Peter Schermer- horn. Conveys all and singular the share, part and portion which the said Peter Augustus Schermerhorn had and inherited, or was in any way entitled to at the time of his death, in the real estate whereof his mother, the said Sarah Schermerhorn, died seised, or was in any way entitled to at the time of her death, S12 SUB-DIVISION NUMBER ONE and which passed and were devised liy him, the said Peter Augustus Schermerhorn, under and by virtue of his last will and testament to the said party of the first part. Attached to this deed and recorded immediately thereaftei is an admission, by the testamentary guardians of the infant children of said Peter Augustus Schermerhorn, of due delivery of said deed to them on i6th July, 1852. SUPREME COURT. City and County of New York. William C. Schermerhorn and Ann E. H., his ivife, against Edmund H. Schermerhorn, G. T. Strong and E. G. Drake, Jr., John Jones Schermerhorn,/ Plaintiffs Attorneys. Frederick A. Schermer- horn andR-lCUKKD T. AUCH- MUTY and Ellen, his zvife. 1869 — June 18. Complaint in partition filed. July 14. Order of reference to James S. Merriam on title. Consent of Chas. E. Strong, attorney for all defendants, attached to this order. 1870 — February 4. Referee's report on title filed. February 4. Decree of partition entered. James Cruik- shank, Andrian H. Muller and James F. Chamberlain appointed Commissioners of partition. Consent of Charles E. Strong annexed. 1S71 — November 4. Commissioners' report of partition filed. November 4. Final judgment of partition entered, on similar consent. OF THE LOUVRE FARM. 313 Commissioners caused a map to be made of the property to be partitioned, which included also the Widow Hardenbrook tract. This map is bound in a book, and filed in the Regis- ter's office in case number 726. They set apart To William C. Schermerhorn allotments numbered one and two, and the color red, comprising lots 37, 38, 39, 40 on block 271 ; 9, 10, 11, 12, 37, 38, 39, 40, 45, 46, 47, 48 on block 272 ; 19, 20, 21, 22, 23, 24 on block 270; I, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 1S3 ; 28>^, 29, 30 on block 181 ; 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,33,34, 35,36 on block 93 ; 28;^ on block 90; 22, 23, 24, 25, 26, 27, 28, 29 on block 91 ; 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 33' 34' 35' 36, 37' 3^' 39' 4°' 4^' 42, 43' 44' 45' 46, 47, 48, 49, 50, 51, 52 on block 28. To Edmund H. Schermerhorn allotments seven and eight, col- ored green, comprising lots 41, 42, 43, 41 on block 271 ; 21, 22, 23, 24, 25, 26, 27, 28, 5, 6, 7, S, 41, 42, 43, 44 on block 272 ; 25, 26, 27, 28, 29, 30 on block 270; 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34' 35' 36' 37' 38' 39 »" block 1S3 ; 1,2, 3, 4, 5, 6, 7, S, 9, 10, II, 12, 37, 38, 39, 40, 41, 42, 43' 44' 45' 46, 47' 48 «" block 93 ; i, 2, 3, 4, 5, 6, 7. 8, 9, 10, II, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 29. lo John Jones Schermerhorn allotments numbers five and six, colored yellow, comprising lots 45, 46, 47, 314 SUB-DIVISION NUMBER ONE 48' 33» 34^ 35' 36, 19' ?0' 21, 22, 23, 24 on block 271 ; 13, 14, 15, 16, 33, 34, 35, 36 on block 272 ; 52, 1 , 2, 3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, iS, 19, 20, 21, 22, 23, 24, 25, 26, 27 on block 1S4; 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34' 35' 36' 37' 3S' 39 o" block 1S2, 47 on block 92 ; I, 2, 3, 4, 5, 6, 7, 8, 9, 10, II, 12, 13, 14, 15, 16, 17, iS, 19, 20, 32, 33, 34, 35, 36, 37, 38, 39' 40' 41 ' 42' 43' 44' 45' 4^, 47' 4^' 49' 5°' 5^' 52 on block 27. To Ellen Auchmuty allotment three, colored blue, comprising lots 27, 28, 29,30 on block 271 ; 3,4, 19, 20, 29, 30 on block 272 ; 40, 41, 42, 43, 44, 45, 46, 47, 48' 49' 50' 5i» 52 on block 182 ; i, 2, 3, 4, 5, 6, 7, 8, 9, 10, II, 12, 47, 48 on block 94; 26, 27, 28, 29 on block 92 ; 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 on block 26. To Frederick A. Schermerhorn allotment four, colored pink, comprising lots 25, 26, 31, 32 on block 271 ; i, 2, 17, 18, :',i, 32 on block 272 ; i, 2, 3, 4, 5, 6, 7, 8, 9, 1O3 II, 12, 13 on block 1S2 ; 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 on block 94 ; 22, 23, 24, 25 on block 92 ; i, 2, 5, 6, 7, 8, 9, 10, II, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 34 on block 30. Ellen Auchmuty to pay ^2^.^^yz to Frederick A. Scher- merhorn. John Jones Schermerhorn to pay $1,633.21 to Wni. C. and Fred. A. Schermerhorn. j7' -&0^ MAP SUBDIVISION NUMBER. S OF THE LOUS/RE FARM ^JMfo..^ James Henr-y Jomes. 68"" tfhococnc .^At, pa/vceli oeJ cujanJr lb /f-u. cii/fe/it^-t hoALLu f^ ztu. suaJ of iJbnes \'s. onei Af /A- wom^ryii^^LfneAj ei CRcinJiJXan. 67- S TR- E tT. J'ames Htn-ry 'Jones cenl-r,' e^niL of 6locJc «;5 CoydclLu ^cJit Jo. Trustee of Qleanor C. Trior r a (poo StR-ECT » ^ CorSeZia. Sohermer /ic-rn 770. Jonci :) > i'<)f > Jct-rncs Henry Jones ^ Street. 316 SUB-DIVISION NUMBER TWO as follows, to wit : Running from the suid place of beginning Southeasterly on and along the Southwesterly side of Sixty- ninth Street to and across the saitl before-mentioned Second Avenue seven hundred and ten feet to the Southeasterly corner made b}' the intersection of said Second Avenue and Sixty- ninth Street ; then Southwesterly on and along the Southeast- erly side or line of Second Avenue seventy-seven I'eet and four inches ; then Southeasterly on a line parallel with Sixty-ninth Street and at the distance of seventy-seven feet and four inches Southwesterly therefrom to and across t'.ie said before-men- tioned First Avenue seven himdred and tiity feet to a point or place on the Southeasterly side or line of said First Avenue at the distance of seventy-seven feet and four inches Southwesterly from the Southeasterly corner made by the intersection of the said First Avenue and Sixty-ninth Street ; then Southwesterly on and along the Southeasterly side of First Avenue two hun- dred and thirty-eight feet and eight inches to a point or place on the said Southeasterly side or line of the said last-mentioned avenue at the distance of fifty-five feet and four inches South- westerly from Sixty-eighth Street aforesaid ; thence Southeast- erly on a line parallel with Sixty-eighth Street and at the dis- tance of fifty-five feet four inches Southwesterly therefrom to and across the before-mentioned Avenue A seven hundred and seventy feet to a point or place on the Southeasterly side of the said Avenue A fifty-five feet and four inches Southwesterly from Sixty-eighth Street ; then Southwesterly on and along the said Southeasterly side or line of the said last-mentioned Avenue A ninety-five feet four inches to a point or place on the said Southeasterly side or line of said lasl-mentioned avenue fifty feet Northeasterly from the before-mentioned Sixty-seventh Street; and then Southeasterly on a line parallel with Sixty- seventh Street and at the distance of fifty feet from the North- easterly side thereof to the East River to the Northeasterly corner at the said River of the said before-described lot (No. i) OF THE LOUVRE FARM. 317 number one, being at the distance Nortlieasterly from the Northeasterly side of Sixty-seventh Street of fifty feet on a line at right angles witli the said street ; and thence running along the river as it runs Northeasterly to the middle or centre of the block or space of ground lying between Sixty-eighth Street and Sixty-ninth Street, the distance on the said river measuring the same on a line at right angles with the said streets being three hundred and eleveit feet ; thence Northwesterly on and along a line parallel with and cqui-distant from each of the said two last-mentioned streets from the said River to the aforesaid Avenue A ; then Northeasterly on and along the Southeasterly side of Avenue A one hundred and thirty feet and four inches to the middle or centre of Sixty-ninth Street ; then Northwest- erly on a line to be drawn through the middle of Sixty-ninth Street parallel with and equi-distant from each side thereof seven hundred and seventy feet to the Southeasterly side or line of First Avenue aforesaid at the intersection of the said last- mentioned street and avenue ; then Northeasterly along the Southeasterly side of the said First Avenue two hundred and thirty feet and eight inches to the Southeasterly corner made by the intersection of the said avenue and Seventieth Street ; then Northwesterly across the said avenue to the Southwesterly cor- ner of the said First Avenue and Seventieth Street and along the Southwesterly side of Seventieth Street seven hundred and fifty feet to the Southeasterly corner made by the intersection of Seventieth Street and the before-mentioned Second Avenue ; then Northeasterly across Seventieth Street sixty feet to the Northeasterly corner of the said last-mentioned street and avenue ; then Northwesterly across the said last-mentioned avenue to the Northwesterly corner of the said last-mentioned street and avenue and along the Northeasterly side of the said last-mentioned street, to wit. Seventieth Street aforesaid, seven hundred and ten feet to the Northeasterly corner of the said street and the before-mentioned Third Avenue ; and thence 318 SUB-DIVISION NUMBER TWO Southwesterly on and along the Southeasterly side or line of the said Third Avenue crossing Seventieth and Sixty-ninth streets three hundred and twenty feet and eight inches to the Southeasterly corner of Sixty-ninth Street and the said Third Avenue, the aforesaid place of beginning. Containing, inclus- ive of streets and avenues, twenty acres, three roods and thirty- six perches of land, according to the survey and map aforesaid made of the said premises under our direction as aforesaid." Last Will and Testamejit i Dated 13th Dec, 1855. 0/ ) Proved 30th Nov, 1858. James I. Jones. \ 122 Wills, 429 The Testator appoints his wife, Elizabeth Jones, sole guar- dian of his children, and her, together with John Q. Jones and Lewis C. Jones, his executrix and executors. After certain legacies and devises, not affecting the tract in question, the testator provides as follows : " Fifth. I do hereby order and direct my said Executrix and Executors to pay to my wife, Elizabeth Jones, annually, during the term of her natural life, the sum of Twelve Thousand Dollars ($12,000) for her use, the same to be paid to her in quarterly payments, one-fourth part thereof, on or about the tenth day of May, August, Novem- ber and February, in each and every year, and to be received by her in lieu of dower or other portion of my real and per- sonal estate. Sixth. I do hereby give, devise and bequeath all and singular the rest, residue and remainder of my estate, both real and personal, of every nature and kind, to my chil- dren, Eleanor Colford Jones, James Henry Jones, and Cor- delia Schermerhorn Jones, and to such other children as I may leave, if I should leave more than the three above named, and to the lawful issue of such as may, at the time OF THE LOUVRE FARM. 319 of my decease, have died leaving children, to be equally divided among them, share and share alike, but so that the issue of any child so dying shall take no more than the share their parent would have taken if he or she had lived. And it is my w^ill that the several shares here devised to my daughters respectively should be held by them for their sole and separate use, and not subject to the debts of their husbands, if they should marry. Seventh. It is my further will, and I do hereby authorize my said Executrix and Executors, during the minor- ity of my children or until my property shall be divided (upon my eldest child attaining the age of twenty-one years, or sooner, if deeiTied expedient by my Executrix and Executors), to invest my personal estate and to call in and re-invest and improve the same, at their, her or his discretion, and to collect the interest and dividends thereon ; and further to rent, lease and collect the rents and profits of, or to sell either at public or private sale, invest the proceeds of such sale, and to grant, convey, dispose of, manage and improve all and singular my said real estate, or any part or parts thereof, at their, her or his dis- cretion, except my said house. No. 5 Washington Place. * * * It being understood that no sale of any part of my real estate shall be valid without the signature of my said wife as Execu- trix, if she should be living at the time of such sale." Letters testamentary were granted to Elizabeth Jones on 7th January, 1S59, and on ist April, 1859 (see Liber 16 Letters Testamentary, pages 346 and 348). Letters were also granted to Lewis C.Jones on rst Decem- ber, 1859 (s'^^ Liber 17 Letters Testamentary, page 127). Letters were also granted to John Q. Jones on 4th Septem- ber, 1S74 (see Liber 35 Letters Testamentary, page 96). 320 SUB-DIVISION NUMBER TWO MARRIAGE SET- Eleanor C. Jones, J TLEMENT. Augustus Newbold'morkis, ( Dated loth Dec, 1862. of>d/^artA Ack. loth Dec, 1862. Elizabeth Jones, \ ^^^- ^^th Dec, 1862. of yi part. \ 8^4 Conveyances, 316. Consideration,- $1.00. Recitks un intended marriage between parties of the first and second parts, and that party of the first part is entitled to certain real and personal property under the vvill of her father. Conveys all and singular the real estate, lands, tenements and hereditaments unto, which she is or may be entitled under the said Will of her father, or by descent from him or any of his children, or by means of any surplus rents or income thereof, or from any other source or in any other way whatever. Habendum upon the trusts, nevertheless, therein- after declared of and concerning the real and personal estate aforesaid, which were principally as follows : " And the said party of the third part, her heirs and assigns, successors in the trust, is expressly authorized to manage the said lands, to let, demise, improve, build upon or sell the same or any pan or parts thereof, on such terms, in such manner and at such times and from time to time as she shall think dis- creet, and for the benefit of the trust property and of all persons interested therein, .but no such sale shall be made without the consent in writing of the party of the first part. * * * * And with power to said party of the third j^art to unite in any partition of the said land and real estate, by act of parties or by process of law, as she shall think proper, and with the consent in writing of the party of the first part, to exchange with any other person or persons any piece or parcel of her said land for any other piece or parcel of land, to fix and adjust, with her like consent, any boundary line between her land and the land OF THE LOUVRE FARM. 321 of any other person or persons, and to payor receive money (as the case may be) for difterence in value on any such par- tition, exchange or fixing and adjustment of boundary. * * » * And also with power to mortgage the said now-granteil prop- erty, or such property as shall be specifically set oft' for the share of said party of the first part in any partition, or as shall be acquired by any such exchange, adjustment of boundary or purchase as aforesaid, to secure reimbursement of any sums needful for improvement or erecting buildings, paying assess- ments, taxes, repairing, rebuilding i)r improving any part of said property. ****** " And it is hereby expressly declared that the conveyance and grant of real and personal estate aVjove contained and ex- pressed are upon the trusts hereinafter declared of and concern- ing the same, that is to say : First. From and after the solemn- ization of the said contemplated marriage, during the joint lives of the parties of the first and second parts, to apply the net rents, issues and profits and income of all the said trust prop- erty to the use of the paity of the first part, and her receipts therefor or for any part or parts thereof shall be full discharges to the party of the third part, notwithstanding her coverture. Second. On the death of the party of the second part, if the party of the first part shall survive him, to transfer, convey and account for all and singular the property then held in trust to her the party of the first part, her heirs, executors, administra- tors and assigns forever, and the trusts hereby created shall thereupon cease. Third. But if the said party of the first part shall die, leaving the said party of the second part surviving her, then the said party of the third part shall either invest and set apart and hold, if already invested, the sum of sixty thous- and dollars, parcel of said trust property, and shall apply the net income or interest to be tierived therefrom in each year, to the use of said party of the second part during his life, and on his death shall pay over, transfer and convey said sum of sixty 322 SUB-DIVISION NUMBER TWO thousand dollars, or so much thereof as shall then remain, to such person or persons, and in such shares and proportions, as said party of the first part shall, by her last Will and Testa- ment (which she is hereby authorized to make and execute), direct and appoint. But if the said party of the first part shall die, without leaving any such last Will and Testament or in- strument in nature thereof making such direction and appoint- ment, and leaving issue, then and in such case said party of the third part shall convey, assign, transfer, pay over and de- liver all the said sum of sixty thousand dollars, or so much thereof as shall then remain, in equal shares to such issue, so that each child of said party of the first part, if more than one surviving her, shall receive one equal share thereof, and one similar share shall be given to the issue collectively of every child of said party of the first part who, if any, may have died leaving issue them surviving. And if the party of the first part shall leave no such last Will and Testament, or instrument in nature thereof making such appointment, and if no issue of the party of the first part shall be living at the death of said party of the second part, then the said party of the third part shall pay over, transfer and convey said sum of sixty thousand dol- lars, or so much thereof as shall then remain, in equal shares to James Henry Jones, the brother of said party of the first part, and to Cordelia Schermerhorn Jones, the sister of the said party of the first part ; or if but one of them shall then be living, then said party of the third part shall pa}'^ over, transfer and convey said sum of sixty thousand dollars, or so much thereof as may then remain, to the one so living, unless the other shall have died leaving issue living at the death of said party of the second part, in which case such issue shall take such share and portion of said sum of sixty thousand dollars as the parent or parents of such issue would take if living. Fourth. As to all the rest, residue and remainder of the said trust estate, the said party of the third part shall, on the death OF THE LOUVRE FARM. 323 of the party of the first part, convey, assign, transfer, pay over and deliver the same and all parts thereof M^hich shall then remain, to such person or persons and in such shares and pro- portions as said party of the first part shall, by her last Will and Testament, or by any instrument in the nature of a last Will and Testament (which she is hereby authorized to make and execute), direct and appoint. But if the said party of the first part shall die without leaving any such last Will and Testament, or instrument in the nature of such last Will and Testament, making such direction and appointment, and leav- ing issue, then and in such case said party of the third part shall convey, assign, transfer, pay over and deliver all the said rest, residue and remainder to such issue, so that each child of the said party of the first part, if more than one, surviving her shall receive one equal share thereof, and one similar share shall be given to the issue collectively of every child of said party of the first part who, if any, may have died leaving issue them surviving. But if the said party of the first part shall die without leaving any such last Will and Testament, or instrument in nature of a last Will and Testament, making such direction and appointment, and leaving no issue her sur- viving, then and in such case said party of the third part shall convey, assign, transfer, pay over and deliver all the said rest, residue and remainder in equal shares to the said James Henry Jones and Cordelia Schermerhorn Jones, or if but one of them shall then be living, then said party of the third part shall pay over, transfer and convey said rest, residue and remainder, or so much thereof as may then remain, to the one so living, un- less the other shall have died leaving issue living at the death of said party of the first part, in which case such issue shall take per stirpes^ and not per capita^ such share of said residu- ary estate as the parent of such issue would take, if living." It is stated in the complaint in the following suit that Eliza- beth Jones had elected to accept the provisions of the will in 324 SUB-DIVISION NUMBER TWO lieu of dower, that both James Henry Jones and Cordelia Schermerhorn Jones were then unmarried, and that Eleanor C. Morris had then no issue living. SUPREME COURT. City and County of New York. Elizabeth Jones, Trustee in and under a certain marriage settlemefit, or Deed of Trust, made and executed by attd between ELEANOR COLFORD Jones, of the \st part, Augustus Newbold Morris, of the 2d part, and the said Elizabeth Jones, of the id part. Plaintiffs, against James Henry Jones, Cordelia Schermerhorn Jones, Eleanor Colford Morris atid Augustus Newbold Morris, her husband. Defendants. Silliman and True, Plain- tiffs' A ttorneys. 186'; — May 29. Complaint in partition filed. June 28. Eleanor C. Morris and A. Newbold Morris appear by Nathaniel P. Rogers. June 28. Answer of said Morris and wife, admitting facts stated in complaint. June 8. Petition of James Henry Jones, an infant of 20 years, asking that Nathaniel P. Rogers be appointed his guardian ad litem. June 29. Order entered accordingly. Bond of $5,000 directed. OF THE LOUVRE FARM. 325 1865 — June 5. Petition of Cordelia Schermerhorn Jones, an infant of fifteen years, asking that Nathaniel P. Rogers be appointed her guardian ad litem. June 28. Order entered accordingly. Bond of $5,0(X> directed. June 29. Said infants put in usual general answer. July 12. Order of reference to William C. Wetmore, on title, etc. 1866 — January 16. Referee's report on title filed. January 13. Judgment of partition entered. William Mitchell, William H. Raynor and James Cruikshank appointed Commissioners to make partition. July 31. Commissioners' report on title filed, dividing said sub-division number two as shown in diagram at head of this abstract. July 31. Final judgment in partition filed. The decree in the above action was recorded in New York Register's office in Liber 976 Conveyances, page 626. V/^^ {^n me l^cayi^4e t^^ai^m. —d^ifZ-c/rrim-ff (=^. < T-^^5\Te. SEVENTY SFCON ■ 1 ^''% IT 293 2y 9 ; •1. . • i - 3C2 ^c3 1 1 '^ ■! •! - Jc7 2^ 30! 5/ ^^.cJ. -S 5 < K ,. • ^1 ^ -J ^■ .0^ 311 3li 2r rill 1 32: a. c 32i 3Zt 311 JiS - no c ^3/ 5 3« i «C2 c; ■ ^ i? A a. c ^ 5 3 h- % > i 3% •W c 5 3« J. ,1,fC M 1<^ /*7 ^ i^ ,'! ^1 2S ?^^ % .i>' • % 7.^L ( 3 //a^ L CO 74m.' ^<77^, //J^ci 23T i i£53£6 SEVEA/T. NU. MWdcUi cC-ziccL- 6cUi J. ■ cm J^rvunv - N'Z. ' MiLciie^ C. y2^iy A/°3. SUB-DIVISION NUMBER THREE OF THE LOUVRE FARM. Sub-division number three was set apart to John Jones in the suit of Schermerhorn vs. Jones, above set forth, and is de- scribed in the Commissioners' report therein as " situated, lying and being in the said Ninth Ward of the City of New York, between the Third Avenue and the East River aforesaid. Bounded Southeasterly by the East River, Northwesterly by Third Avenue aforesaid, Southwesterly by the said before- described lot (No. 2) number two of the said premises, and Northeasterly by lot (No. 4) number four of the said premises so divided by us, the said Commissioners, as aforesaid, and more particularly butted, bounded and described as follows, that is to say : Beginning at the Northeasterly corner made by the intersection of Seventieth Street and the Third Avenue, being the Northwesterly corner of the before-described lot (No. 2) number two of the said premises, whereof the afore- said division was so made by us as aforesaid ; and running thence along the said lot (No. 2) number two from the said Third Avenue to the East River, as follows, to wit : running from the said place of beginning Southeasterly on and along the Northeasterly side of Seventieth Street to and across the before-mentioned Second Avenue seven hundred and ten feet SEVENTH SECOND VI mi vi\}itii9^c'yii')VUi\il. »o\)tiM\ 1 ^ J, :'-t— j-A/T/ Ti. eo MAP Of PROPERTY BftOWCING TO n a .6i.iMu 1 S/XTY-EIC,HTH S T REST 1 ,1'28 SUB-DIVISION NUMBER THREE to the Northeasterly corner made by the intersection of the said last-mentioned street and avenue ; then Southwesterly across the said last-mentioned Seventieth Street sixty feet to the South- easterly corner of the said last-mentioned street and avenue ; then Southeasterly on and along the Southwesterly side of Seventieth Street to and across the before-mentioned First Avenue seven hundred and fifty feet to the Southeasterly corner of the said First Avenue and Seventieth Street ; then South- westerly on and along the Southeasterly side or line of the said First Avenue two hundred and thirty feet and eight inches to the middle or centre of Sixty-ninth Street ; then Southeasterly through the middle of Sixty-ninth Street on a line parallel with and equi-distant from each side thereof seven hundred and seventy feet to the Southeasterly side or line of the before- mentioned Avenue A ; then Southwesterly on and along the Southeasterly side or line of the said Avenue A one hundred and thirty feet and four inches to the middle or centre of the block or space of ground lying between Sixty ninth Street and Sixty-eighth Street ; then Southeasterly from the said Avenue A to the East River through the middle of the said last-men- tioned block or space of ground on a line parallel with and equi-distant from each of the said last-mentioned streets to the Northeasterly corner at the said East River of the aforesaid lot (No. 2) number two of the said premises, whereof the said division was so made by us as aforesaid ; and thence running on and along the said river, crossing Sixty-ninth Street to a point or place Southwesterly of Seventieth Street and at the distance of fifty-one feet therefrom and at the distance of three hundred and ten feet from the Northeasterly line of the afore- said lot (No. 2) number two of the said premises so divided at the said East River, measuring the said distance on a line at right angles with the said last-mentioned street ; and then run- ning from the said river Northwesterly on a line parallel with and at the distance of fifty-one feet Southwesterly from Seven- OF THE T.OUVRE FARM. 329 tieth Street to the said before-mentioned Avenue A ; then Northeasterly on and along the Southeasterly side of Avenue A one hundred and sixty-six feet four inches across Seventieth Street aforesaid to a point on the said Southeasterly side of the said Avenue A fifty-five feet four inches Northeasterly from said Seventieth Street ; then Northw^esterly on a line crossing Avenue A and running parallel w^ith and at the distance of fifty-five feet four inches Northeasterly from Seventieth Street aforesaid seven hundred and seventy feet to the said before- mentioned First Avenue ; then Northeasterly on and along the Southeasterly side of said First Avenue two hundred and five feet and four inches, crossing the street distinguished on the City Map aforesaid by Seventy-first Street to the Northeasterly corner made by the intersection of the said last-mentioned street and avenue ; then Northwesterly crossing the said last- mentioned avenue one hundred feet to the Northwesterly corner made by the intersection of the said last-mentioned street and avenue ; then Northwesterly on and along the Northeasterly side of Seventy-first Street six hundred and fifty feet to the Northeasterly corner made by the intersection of said Seventy- first Street and Second Avenue ; then Northeasterly on and along the Southeasterly side of Second Avenue one hundred and two feet and two inches to a point at the middle of the block or space of ground lying between Seventy-first Street and the street distinguished on the City Map aforesaid by Seventy-second Street; then Northwesterly on a line crossing Second Avenue and running through the middle or centre of the said last-mentioned block or space of ground parallel with and equi-distant from each of the said last-mentioned streets seven hundred and ten feet to the before-mentioned Third Avenue ; and thence Southwesterly on and along the South- easterly side or line of said Third Avenue crossing Seventy- first Street three hundred and sixty-two feet and ten inches to the Northeasterly corner of Seventieth Street and the said 330 SUB-DIVISION NUMBER THREE Third Avenue, the aforesaid place of beginning-. Containing, inchisive of streets and avenues, twenty-one acres, two roods and thirteen perches and one-half of a perch of land, according to the survey and map aforesaid made of the said premises under our direction as aforesaid." DEED OF TRUST. John Jones J Dated 3d Aug., 1822. to [ Ack. 6th Aug., 1822. Isaac Carow and f Rec. 6th Aug., 1822. James I. Jones. \ 161 Conveyances, 249. / Consideration, $1.00. Recites certain debts of party of first part. Conveys all and singular the dwelling-house and land situ- ated and lying in the Ninth Ward of the City of New York, between the Third Avenue and the East River, being part of the farm and estate sometimes called the Louvre, whereof John Jones, deceased, the father of the said John Jones, party to these presents of the first part, died seised, and whereon he resided at the time of his death, and which parf of the said farm and estate, now belonging to the said John Jones, was, in a partition and division lately made thereof between him, the said John Jones, and the other part owners thereof, set apart, allotted and assigned to him, the said John Jones, as by the proceedings and decree for the said partition, reference being had thereto, may appear, subject to the dower of the before-named Eleanor Jones, the widow of the said John Jones, deceased, thereof, and all the right, share and shares and inter- est of the said John Jones of and in all and singular, the said farm or tract of land, the same containing, or is estimated to contain one hundred and thirty acres of land, and of and in every part thereof, as heir-at-law of his said late father, John OF THE LOUVRE FARM. 331 Jones, deceased, and of his deceased sister, Eleanor Margaret Jones, and brother, William Henry Jones, or otherwise how- soever. In trust to receive rents and profits, to make partition of lands held in common with others, and to sell and dispose of, and join in the sale and disposition of all said premises, and out of the proceeds to pay the debts therein specified, and to dispose of the surplus as the said John Jones may direct and appoint. ~~ \ DEED. Isaac Carow and J James I. Jones, f ^^^^^ '^t Mar., 1823. Trustees, etc., ) ^^k. 5th April, 1823. fQ ( Rec. 10th April, 1823. Eleanor Jones. \ ^^^ Conveyances, 23. / Consideration, §6,100. Conveys the part of Louvre farm allotted to John Jones by substantially the same»general description as in previous deed, and in addition more specifically describing the same as fol- lows : " The said parcel of land and premises hereby described being distinguished in the said partition and on a map made of the said farm under the direction of the Commissioners by whom the same was divided, and by them referred to in their report of the said partition by lot (No. 3) number three, and being bounded Southeasterly by the East River aforesaid, Northwesterly by the Third Avenue aforesaid. South- westerly by the part or allotment of the said farm, in the said partition on the said map thereof, distinguished by lot (No. 2) number two of the said premises and allotted to the aforesaid James I. Jones, and Northeasterly by the part or allotment of the said farm and premises, in the said partition and on the said map thereof, distinguished by lot (No. 4) num- ber four of the said premises and allotted to Isaac C. Jones. 332 SUB-DIVISION NUMBER THREE i and containing, inclusive of streets and avenues,, twenty-one acres, two roods and thirteen perches and one-half a perch of land, be the same more or less." Last Will and Testament Dated 15th July, 1823. of \ Proved 30th Nov., 1824. Eleanor Jones. V 59 Wills, 126. " Item, I give and bequeath to the said Isaac C. Jones and Isaac Carow, and to their heirs and assigns forever, all the lands and premises now owned by me lying in the Ninth Ward of the City of New York near Hamilton Square, being part of the above-mentioned Louvre Farm, and known and distin- guished on a map thereof as (No. 3) number three, with the buildings and improvements thereon, upon the several trusts and to and for the several uses, intents and purposes herein- after mentioned, expressed and declared as to and concerning the same, that is to say: Upon trust that the said Isaac C. Jones and Isaac Carow, or the survivor of them, or the heirs of such survivor, the trustees or trustee in this behalf for the time being, do and shall sell and convey the same, or any part thereof, in fee simple whenever the said last-mentioned trustees, or trustee for the time being, shall deem it expedient so to do, and that, at their, his or her discretion, to sell the whole, together or in parcels, * * * « And my mind and will is that the proceeds of such sale or sales, whenever the same shall be made, shall be paid to, and be held and disposed of by, the said Isaac C. Jones and Isaac Carow and the survivor of them, and the executors and administrators of such survivor, upon the same trusts as are hereinafter expressed and declared as to the rest, residue and remainder of my personal estate which is hereinafter devised to the said Isaac C. Jones and Isaac Carow upon trust as hereinafter mentioned. And my OF THE LOUVRE FARM. 333 mind and will is, and I do hereby declare, that the above devise of said lot (No. 3) number three of the Louvre Farm is made to the said Isaac C. Jones and Isaac Carow upon this further trust, that they, the said Isaac C Jones and Isaac Carow, and the survivor of them, and the heirs of such survivor, do and shall permit and sufler my said son, John Jones, to occupy, use, possess and enjoy the same, or such part or parts thereof as may from time to time remain unsold, without his paying any rent or other compensation therefor, as long as they, the said said last-mentioned trustees or trustee for the time being, shall see fit." The following, amongst others, are the trusts declared concern- ing the residue of her personal estate upon which the said trus- tees were directed to hold the proceeds of the sale of said real estate : '' And upon this further trust, that the said trustees or trustee for the time being do and shall, forthwith on the decease of my said son, John Jones, pay over, assign and deliver all the above- mentioned rest, residue and remainder of my estate, etc., unto all and every the child or children of my said son John, law- fully to be begotten, equally to be divided between them, share and share alike, if there shall be more than one ; and if there be one such child, the whole to be paid over, assigned and delivered to such one child. And upon this further trust, that the said trustees or trustee for the time being do and shall, forthwith after the decease of my said son, John Jones, in case he shall leave no lawful issue him surviving, pay over, assign and deliver all the above-mentioned rest, residue and remainder of my estate, etc., which shall not have been paid to my said son, John Jones, in his lifetime, unto my sons, James I. Jones and Isaac C Jones, and my daughters, Sarah Schermerhorn and Frances M. Pendleton, equally to be divided between them, share and share alike. And if either of them, the said James I.Jones, Isaac C.Jones, Sarah Schermerhorn and Frances M. 334: SUB-DIVISION NUMBER THREE Pendleton shall have then died, leaving issue, such issue shall respectively take such part of the rest, residue and remainder of my estate, etc., and in the same manner as his or their said deceased parent would have taken, if such parent had survived the said John Jones. Provided always, and my mind and will further is, that if either the said Isaac C. Jones or Isaac Carow, or any future trustee or trustees to be appointed in the place or stead of either of them, as hereinafter is mentioned, shall depart this life, or be desirous to be discharged from the execution of the trusts hereby reposed in him, or shall become incapable of acting in the execution thereof during the lifetime of my said son John, then and in any such case and when and so often as the same shall happen, it shall and may be lawful to and for my children who shall then be living, or the major part of them, by any instrument in writing under their hands and seals, to nominate and appoint any other person or persons to be trustee or trnstees in the place or stead of the trustee or trustees so dying, or desiring to be discharged from, or becoming incapa- ble of acting in the execution of the said trusts." Isaac C. Jones, one of said trustees, died on loth May, 183 1, and the children of said Eleanor Jones, by instrument dated 23d November, 1831, recorded in Liber 278 Conveyances, 615, nominated Peter Schermerhorn in his place. For the purpose of vesting said trust estate in Carow and Schermerhorn, Carow conveyed to John Jones Schermerhorn, who conveyed to them, as follows : DEED. Dated 22d Dec, 1831. Isaac Carow / Ack. 23d Dec., 1831. to > Rec. 23d Dec, 1831. John Jones Schermerhorn. \ 278 Conveyances, 257. Consideration, $1.00. Recites will of Eleanor Jones, death of Isaac C. Jones, and the appointment of Peter Schermerhorn in his place. OF THE LOUVRE FARM. 535 Conveys all and singular the above-mentioned lands and premises, situated, lying and being in the present Twelfth and late Ninth Ward of the City of New York, near Hamilton Square, being part and parcel of the farm commonly called the Louvre Farm, and being known and distinguished on a map thereof as lot (No. 3) number three, with the buildings and improvements thereon. Habendum in trust to convey the same to Isaac Carow and Peter Schermerhorn, to be held by them on the trusts specified in the will of Eleanor Jones. John Jones Schermerhorn to Isaac Carow ^//^ Peter Scher- merhorn, Trustees, etc.. DEED. Dated 22d Dec, 1831. Ack. 23d Dec, 1 83 1. Rec 23d Dec, 1831. 278 Conveyances, 570. Consideration, $1.00. Conveys same premises by same description. Habendum in trust as dii'ected in the will of Eleanor Jones. In March, 1845, Isaac Carow presented a petition to the Chancellor to be discharged from said trust. James I. Jones was appointed trustee in his place by order of the Vice-Chan- cellor, entered on 14th May, 1845. Isaac Carow to James I. Jones and Peter Schermerhorn. DEED. Dated 24th May, 1845. Ack. 24th May, 1845. Rec 23d June, 1845. 464 Conveyances, 108. Consideration, $1.00. Conveys same premises by same description. In trust as directed in the will of Eleanor Jones. 336 SUB-DIVISION NUMBER THREE John Jones, the cestui que trust for life under the above trust, died on 27th April, 1846, without issue. Previous to his death, his brother, Isaac C. Jones, had died on loth May, 1831, leaving a widow, Rebecca Jones, and 1. Lewis C. Jones. 2. Helen Jones, who intermarried with Woodbury Langdon in November, 1847. 3. Alice Jones, his only children. Helen Jones, 1 ANTE-NIPTUAL of 1st part, I SETTLEMENT. Woodbury Langdon, / of 2d part, Dated6th Nov., 1847. fQ \ Not recorded, but recit- James L Jones, ( ^^ i" ^iber 706, Con- George Jones and \ veyances 424. George A. Jones, of "i^d part. Recites the intended marriage of parties of first and second parts, her ownership of an undivided interest in said farm and other property, and the agreement of said Langdon and Helen Jones to assign the property in trust. Conveys said property in trust to lease the same for one or more year's, not exceeding, however, twenty years in the whole from the commencement of the term, which shall always com mence in possession within three months from the date and execution of the leases, to collect the rents, issues and profits thereof, apply the same to the payment of taxes, assessments, insurances, I'epairs, etc., and to pay over the residue to the party of the second part for and during the rest, residue and OF THE LOUVRE FARM. 337 remainder of his natural life, whether he survive the said party of the first part, or she hirn, and whether there be issue of the said marriage or not. The parties of the third part were authorized to make amicable partition of the said trust prem- ises, and to execute deeds and releases, in which the said parties of the first and second parts should unite, and also from time to time to sell and convey the said trust premises, or any part or parts thereof, or the share of the said party of the first part therein, provided they, the said parties of the first and second parts, should unite in the deeds thereof, and in their execution, acknowledgment and delivery. And it was thereby expressly agreed, between all the parties to the said indenture, that the several trusts therein created, and the estate thereby conveyed, should cease and terminate at the death of the said party thereto of the second part, and that should the said party of the first part thereto survive the said party of the second part, the said trust property and estate should immediately revert to and revest in her, in the same manner as the same existed before the execution of the said indenture. Sarah Schermerhorn diedon iSth April, 1S45, intestate, leav- ing her surviving her husband, Peter Schermerhorn, and 1. John Jones Schermerhorn, 2. William C. Schermerhorn, 3. Edmund H. Schermerhorn, 4. Peter Augustus Schermerhorn, her only children and heirs-at-law. Peter Augustus Schermerhorn, one of said children, died on 6th May, 1845, leaving him surviving Adeline E. Schermer- horn, his widow, and 1. Ellen Schermerhorn, 2. Henry A. Schermerhorn, 3. Frederick A. Schermerhorn, his only children and heirs-at-law. 338 SUB-DIVISION NUMBER THREE It was held, in the partition suit of Schermerhorn t^jt. Jones, hereinafter set forth, that, according to the terms of the will of Eleanor Jones, upon the death of John Jones without issue the remainder in fee vested in James I, Jones, Frances M. Pendle- ton, the children of Isaac C. Jones, and the children of Sarah Schermerhorn, and that notwithstanding the death of Peter A. Schermehorn before John Jones, the cestui que trust for life, the said Peter A. Schermerhorn had taken such an estate in said premises under the provisions of said will as would pass by the following devise in his own will to his wife, Adeline E. Schermerhorn : Dated 27th Mar., 1845. Last Will and Testament of Peter Augustus Schermer- / P^o^^d 28th May, 1845. HORN. \ 91 Wills, 296. Gives to his Executors and Trustees out of his personal estate an amount equal to the sum of $30,000 multiplied by the number of children (including posthumous children which may be living at the time of his decease), to be held in trust as therein provided, and then makes the following devise : " All the rest, residue and remainder of the estate, both real and personal, which I shall be seised, or possessed of, or in any way entitled to at the time of my decease, I give, devise and bequeath unto my said beloved wife, Adeline, to have and to hold the same, as to the real estate, unto her heirs and assigns forever, and as to the personal estate, unto her executors, ad ministrators and assigns forever ; and in view of this bequest and devise I rely upon the parental affection of my said wife to maintain, support and educate my children in a manner suit- OF THE LOUVRE FARM. 339 able to her means and their station at her own expense until they shall receive their shares of the amount above bequeathed imto my said trustees, or respectively attain lawful age. * * * The provisions hereby mad.e for my said wife, being intended by me, and is to be accepted by her, in bar and lieu of all dower, right and other claims which she may have upon my estate, either real or personal." John Jones Schermerhorn, Edmund H. Schermerhorn, William C. Schermerhorn and Adeline E. Schermer-^ HORN to DEED. Dated 22d Sept., 1845. Ack. 23d Sept., 1845. Rec. 3d Oct., 1845. 463 Conveyances, 538. Consideration, $5.00. Peter Schermerhorn. Conveys the share, purport and portion of the said par- ties of the first part, and of each of them, of, in and to all and singular that certain farm, tract, piece or parcel of land, com- monly called and known as the Louvre Farm, situate, lying and being in the Twelfth Ward of the said City of New York and on the Easterly side of the Third Avenue, being part and parcel of the real estate whereof the said Sarah Schermerhorn, the mother of the said John Jones Schermerhorn, Edmund H. Schermerhorn, William C. Schermerhorn and Peter Augustus Schermerhorn died seised or entitled to, and which, upon her death, descended to them as her sole heirs-at-law, in equal por- tions or shares. 340 SUB-DIVISION NUMBER THREE Last Will and Testament \ Dated nth May, 1849.; of ' Proved 8th July, 1852, Peter Schermerhokn. \ 104 Wills, 309. Testator appohits his three sons, John J. Schermerhorn, Ed- mund H. Schermerhorn and William C. Schermerhorn, and his friend, Edward Bancker, his executors ; and subsequently provides as follows : " Whereas my deceased son, Peter Augustus Schermerhorn, departed this life shortly after his mother, my late lamented wife, having, before the illness of my said wife and when him- self in failing health and without any prospect of surviving her, made and executed his last will and testament, whereby, after making a pecuniary provision for his three infant children, he bequeathed and devised to his wife, Adeline E., all the residue of his estate, both real and personal, whereof he might be seised or whereto he might be entitled at the time of his death, mean- ing and intending thereby, as I have no doubt, and as it was perfectly right and proper for him to do, to give back to his said wife the bulk of the large fortune which he received with her, but, in consequence of the sudden and unexpected death of his said mother a few days before him, his share in her real estate passed, under his said will, to his said wife, subject to my life estate therein, as tenant by the curtesy, which I have no doubt whatever, was contrary as well to his intention and wishes as to those of my said wife, could they have been ascer- tained or expressed in reference thereto, and inasmuch as my said daughter-in-law has hitherto declined to make over to her said children the said share in my deceased wife's estate, I feel myself in duty bound not only to notice the fact above stated, but to frame the provisions of this my will in regard to my said OF THE LOUVRE FARM. 341 grandchildren accordingly. Fitth. Should my said daughter- in-law, at any time during my life or within thirty days after probate shall have been granted on this my will, and a copy thereof duly delivered to her, grant and convey to my said grandchildren, or such of them as may be living, all and singu- lar her interest in my said wife's real estate, or should she have taken such measures as would fully assure to them, or the sur- vivors of them, her interest in the said estate on her death, or should she be then deceased and the said estate vested in her said children as her heirs-at-law or devisees, and should her said children, any or either of them, survive me, then and in that case I hereby order and direct all my personal estate, my just debts and funeral and testamentary charges being first paid thereof, to be divided into four equal parts, and so much of my real estate as is situate either in the City and County of New York or in the County of Kings, to be likewise divided into four equal parts. ***** Eighth. Three of the said equal fourth parts of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to my said three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, one of the said equal fourth parts to each of them, for and during his life, and I give to each one of my said three sons power, according to a full discretion hereby given to each of them, to dispose of his own share of the said last-mentioned real estate by will among his lawful issue and among his brothers and their lawful issue, including the said three children of my said deceased son, Peter Augustus, or among any of the said persons, in such shares and proportions and on such law- ful conditions and limitations as he may think fit. Should either of my said three sons die without exercising the power above given, I hereby give, devise and bequeath the share of the one, so dying, in the said last-mentioned real estate to his lawful issue, taking by representation, and to their heirs and 342 SUB-DIVISION NUMBER THREE assigns forever ; but should the one so dying leave no lawful issue him surviving, then I give his share in the said last-men- tioned real estate to his brothers and their lawful issue, taking by representation as to the issue of my said deceased son, Peter Augustus, and as to the issue of such of my other sons as may then be deceased. Ninth. The remaining equal fourth part of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to the three children of my said deceased son, Peter Augustus, that is to say, Ellen, Henry A. and Frederick Augus- tus, in equal portions or share and share alike, and to her, his and their heirs forever, during the lives of the said Henry A. and Frederick Augustus and the survivor of them, but upon the death of such survivor the said remaining fourth part of the said last-mentioned real estate is to vest in the lawful issue of the said Henry A. and Frederick Augustus and in the said Ellen, if then living, or if she be then deceased, in her issue. Should one or two of my said three grandchildren die at or before the determination of the life estate above created in respect to their share, without having lawful issue, the interest of the one or two, so dying, in the said last-mentioned real estate shall pass to the survivors or survivor of them and to her, his or their lawful issue. Should all of my said three grandchildren be deceased at the time of the termination of the life estates above created in respect to their share, leaving no lawful issue, or should the said Ellen, after the whole of the said remaining fourth part of the said last-mentioned real estate may have vested in her, by reason of the decease of the said Henry A. and Frederick Augustus, leaving no lawful issue, die under the age of twenty-one years and leaving no issue, then the said remaining fourth part of the said last-mentioned real estate shall vest in my right heirs-at-law. Tenth. But should my said daughter-in-law, contrary to my wishes and earnest entreaties, refuse or decline or neglect to vest, or cause to be vested, in my OF THE LOUVRE FARM. 343 said three grandchildren, or the survivors or sui-vivor of them, the said estate derived by her under the will of her said hus- band from my deceased wife, in manner aforesaid, or should my said three grandchildren all die before me without leaving any issue, then and in either such case I hereby order and direct the whole of my estate, both real and personal, to be divided into three equal parts, one of which parts I hereby give and devise and bequeath unto each of my three said surviving sons, their respective executors, administrators, issue and heirs, under the same limitations and restrictions, with the same powers, in the same events, for the same estates and in the same manner in all respects as is above particularly expressed in regard to each of my said three surviving sons, in the event of my estate being divided into four equal parts. Eleventh. Whatever shares, whether the one-fourth or the one-third part, my said three surviving sons may respectively take in my estate, I hereby authorize and empower them respectively, and each of them, and the guardians for my said three' grandchildren during their respective minorities, and my said three grandchildren them- selves, after their respective majorities, in case they shall take a share in my estate under this my will, to lease their respective shares of my real estate, or any part or parts thereof, for any term of years not exceeding seven, to commence in possession or within three months after the execution of the lease, except the lots of the Louvre and Belmont Farms, and the lots in the City of Brooklyn, which may be let for any term of years they may severally see fit, not exceeding twenty-one years. * * * Fourteenth. Beli.'ving it to be for the advantage of my children, I do most earnestly recommend that no actual division or par- tition be made of my real estate, but that they will agree that the same be managed as one entire estate, etc. ***** Lastly. In order to provide for the event of any lapsed or void legacy or devise, or any other contingency which may happen, whereby it may be adjudged that I shall have died intestate in 344 SUB-DIVISION NUMBER THREE regard to any part or parts of my property or estate, either real or personal, I hereby give, devise and bequeath all and singular the rest, residue and remainder of my property and estate, whatsoever and wheresoever, both real and personal, unto my before-named three sons and my said three grandchildren (the said grandchildren, or the survivors or survivor of them, taking together, if more than one, one share), share and share alike, in case my said grandchildren shall, according to the foregoing provisions of my will, take any shai'e in my said property and estate. But in case they shall not take any share therein, then I hereby give, devise and bequeath the said rest, residue and remainder to my siid three sons and the issue of such of them as may hereafter die belore me, such issue taking the same share as the deceased parent would have taken, had he sur- vived me." By codicil dated 3d February, 1852, he provides, amongst other clauses, as follows : ""First. Whereas I have, by my said will, given and devised to each of my three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, for their respective lives, a certain share or por- tion of my real estate, with remainder to certain persons and in certain events in said will specified. And whereas I now deem it expedient to give to each of my said three sons in fee the portion of my said real estate which would vest in him for life under my said will ; now therefore, I hereby revoke, annul and disallow all and singular the provisions of my said will whereby any future estate is created in either of said three shares after the death of my said sons or either of them, or whereby any part of my real estate is devised to any persons or class of pei-sons on the death of my said sons or either of them. And I hereby give and devise to each of my said three sons absolutely in fee all and every share or portion of my real estate by said will given or devised to him for life, subject neverthe- OF THE LOUVRE FARM. 345 less to the power of sale by said will and by this codicil con- ferred on my executors as to certain parts thereof, but with no other restriction, limitation or qualification. And it is my meaning and intention that this modification of said devise shall equally take effect whether the share of my real estate taken by each of my said sons shall be the one-third or the one-fourth part thereof, or, in other words, whether the widow of my deceased son, Peter Augustus Schermerhorn, shall or shall not elect to comply with the condition on which I have by my said will devised a part of my property and estate to the children of my deceased son. Second. I authorize and empower my said Executors, in their discretion, and whenever they may think fit, to sell and convey those portions of my real estate in the City of New York which are known as the Louvre Farm and the Belmont Farm, or any part or parts of either, and my real estate in the City of Brooklyn or any part or parts thereof, the proceeds of any such sale to be deemed real estate and not per- sonal property, to be disposed of by my said executors accord- ingly." Peter Schermerhorn died on 23d June, 1S53, leaving him surviving three children — 1. John Jones Schermerhorn, 2. William C. Schermerhorn, 3. Edmund H. Schermerhorn, and three grandchildren, children of his deceased son, Peter Augustus Schermerhorn — I. Ellen, afterwards wife of Richard T. Auch- muty, whom she married in February, 1867. 3. Henry A. Schermerhorn, 3. Frederick A. Schermerhorn. Henry A. Schermerhorn, one of the children of Peter Angus- 346 SUB-DIVISION NUMBER THREE tus Schermerhorn, died on 9th June, 1869, unmarried, intestate and without issue. \ DEED. Adeline E. Schermerhorn J / Dated i6th July, 1852. EllenSchermerhorn,Henry( Proved i6th July, 1852. A r^ j-c ^^ f Rec. 22d July, 1852. A. Schermerhorn «;/^ Fred- ^ „ „ -^ ^ ^, ERICK AUGUSTUS SCHERMErA f°« Conveyances. 62,. 1 Consideration, Si.cx). horn. Recites will of Peter Augustus Schermerhorn, and the will of his father, Peter Schermerhorn, and that she, the said Adeline E. Schermerhorn, has elected to dispose of the share of the said Peter Augustus Schermerhorn in the real estate of his mother, vested in her by his will, in such manner as to comply with the provisions of the said will of Peter Schermer- horn. Conveys all and singular the share, part and portion which the said Peter Augustus Schermerhorn had and inherited, or was in any way entitled to at the time of his death, in the real estate whereof his mother, the said Sarah Schermerhorn, died seised, or was in any way entitled to at the time of her death, and which passed and were devised by him, the said Peter Augustus Schermerhorn, under and by virtue of his last will and testament to the said party of the first part. Attached to this deed and recorded immediately thereafter is an admission, by the testamentary guardians of the infant children of said Peter Augustus Schermerhorn, of due delivery of said deed to them on i6th July, 1853. OF THE LOUVRE FARM. SUPREME COURT. 347 Edmund H. Schermerhorn against James I. Jones and Elizabeth Jones, his wife, Edmund H. Pendleton aiid Frances Maria Pendleton, his wife, Rebecca Jones, Woodbury Langdon and HELEN Lang- don, Jiis zvife, Lewis C. Jones and Catharine Jones, his wife, Alice Jones, John Jones Schermerhorn, Wil- liam C. Schermerhorn and Anne E. H. Schermerhorn, his vnfe, ELLEN SCHERMER- HORN, Henry A. Schermer- horn, Frederick A. Scher- merhorn, James L Jones, George Jones, George A. Jones and Lewis C. Jones, Trustees for said Helen Lang- don and James L Jones, sole surviving trustee for said Frances M. Pendleton. Benj. D. Silliman, Plaintiffs' Attorjtey. 1854 — November 39. Complaint in partition filed. October 12. Order that Dayton Hobart be appointed guardian of Ellen Schermerhorn, Hen- ry A. Schermerhorn and Frederick A. Schermerhorn, on petition of said El- len, an infant over 14 years, and of Adeline E. Schermerhorn, the mother 34S SUB-DIVISION NUMBER THREE of the other two, who were infants under fourteen years. December 6. Amended complaint filed. December 7. Answer of said infants filed. December 7. Answer of John Jones Schermerhorn, William C. Schermerhorn and Ann E. H., his wife, filed, Dayton Hobart, Esq., being their attorney. December 7. Answer of James I. Jones and Elizabeth, his wife, Edmund H. Pendleton and Frances M., his wife, Rebecca Jones, Woodbury Langdon and Helen, his wife, Lewis C. Jones and Catharine, his wife, Alice Jones, James I. Jones, George Jones, George A. Jones and Lewis C. Jones, Trustees for said Helen Langdon, and James I. Jones, sole trustee, etc., filed, Benjamin K. True being their attorney. December 9. Order of reference to William C. Wet- more, on title, etc., entered upon con- sent. December 30. Master's report on title filed. December 30. Decree of partition entered. George B. Smith, Andrian H. Muller and James Cruikshank were appointed Commis- sioners of Partition. 1S55 — February 6. Order to file bond of guardian nunc pro time as of 1 2th October, 1S54. June 23. Commissioners' report of partition filed. June 23. Final decree of partition entered. The Commissioners caused a map to be made of both said sub-divisions number three and six, which is filed in Register's or THE LOUVRE FARM. 349 office in Case 203. The lots comprising sub-division number three were allotted by them as follows : To Edmund H. Schermerhorn, lots numbered 293, 301, 302, 337' 347' 34S, 384' 377. 37^, 454' 446,447' 529' 533' 534' 535' ^"^ colored red on said map. To William C, Schermerhorn, lots numbered 291, 297, 296, 340' 345' 346, 3S5' 374' 375' 37^, 455' 44^' 449' 53O' 538? 539' ^ii'l colored light brown on said map. To John Jones Schermerhorn, lots numbered 290, 300, 298, 1^^, 33S, 343' 344' 3^3' 3S1, 3S2, 456, 450, 451, 531, 536, 537, nnd colored dark brown on said map. To Ellen Schermerhorn, Frederick A. Schermerhorn and Hen- ry A, Schermerhorn, lots numbered 289, 293, 294' 295' 339' 342, 34^ 3S6, 379. 380,453,452, 532, 540, 541, and colored purple on said map. To Lewis C. Jones, lots numbered 314, 317, 31S, 319, 361, 36S, 369, 370, 474, 475, 476, 413, 414, 552, 553, 54S, 549' 55"^' ^'^^^ colored yellow on said map. To Alice Jones, lots numbered 313, 320, 321, 322, 363, 363, 37I' 372' 373' 477' 47^' 47i' 472' 473, 419, 420, 421, 422, 423, 545, 546, 547, 554, and colored blue on said map. To the Trustees of Helen Langdon, lots numbered 315, 316, 323. 324, 364, 365, 366, 367, 479, 480, 468, 469, 470, 415, 416, 417, 418, 551, 542, 543, 544, and colored grey on said map. To James I. Jones, lots numbered 349, 350, 351, 352, 353, 354, 355' 356, 357' 358' 359' 3^0, 325, 326. 327, 32S, 329' 330'33i' 332, 333' 334' 335' 33^, 481, 482, 483,484,485, 486, 487, 488, 489, 490, 491, s e^ 517,518,519, 520, 521, 532, 523, 524, 525, 526, 527, 52S, 3S7, 38S, 3S9, 390, 391, 392, 393, 394, 350 SUB-DIVISION NUMBER THREE OF THE LOUVRE FARM. 395^ 396, 397. 39S, 399^ 424. 4^5. 426, 427. 428, 429,430,431,432, and colored green on said map. To Frances M. Pendleton, lots numbered 492, 493, 494, 495, 496, 497, 49S, 499, 500, 501, 502, 503, 504, 505, 506,507,508, 509,510, 511, 512, 513, 514,515, 303^304'305' 3°^, 307. 3oS, 309, 310, 311, 312, 400, 401, 402, 403, 404, 405, 406, 407, 40S, 409, 410,411,412, 457,458,459, 460, 461, 462,463, 464, 465, 466, 467, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, and colored orange on said map, and subject to mortgage recorded in Liber 3S6 Mortgages, 636, which was discharged of record on 13th March, 1856. €^/e^ (^n me licu^ie ^'a4m . —d/ti/'-f/fviAto'r, oy^iet ^/e4 ^^ /^ ^'m^ie ^W4m. ~(^J.c/r,^t,ion Miee, MAP OF LOT M° 4- OFT He LOilKJRE FARM ^tuw»tfia 1 r.fi' SUB-DIVISION NUMBER FOUR OF THE LOUVRE FARM. Sub-division number four was set apart to Isaac Colfbrd Jones, in the suit of Schermerhorn z;^. Jones above set forth, and is described in the Commissioners' report therein as " situ- ated, lying and being in the said Ninth Ward of the City of New York, between Third Avenue and the East River afore- said. Bounded Southeasterly by the East River, Northwesterly by Third Avenue aforesaid, Southwesterly by the said before- described lot (No. 3) number three of the said premises, and Northeasterly by lot (No. 5) number five of the said premises so divided by us, the said Commissioners, as aforesaid, and more particularly butted, bounded and described as follows, that is to say : Beginning at a point on the Southeasterly side of Third Avenue aforesaid at the middle of the block or space of ground lying between Seventy-first and Seventy-second streets aforesaid, being the Northwesterly corner of the before- described lot (No. 3) number three of the said premises whereof the aforesaid division was so made by us as aforesaid, and run- 352 SUB-DIVISION NUMBER FOUR ning" thence along the said lot (No. 3) number three from said Third Avenue to the East River as follows, to wit: running from the said place of beginning Southeasterly through the middle or centre of the said block or space of ground lying between Seventy-first and Seventy-second streets aforesaid, on a line parallel with and equi-distant from each of the said streets, to and across the before-mentioned Second Avenue seven hundred and ten feet to a point on the Southeasterly side of said Second iVvenue ; then Southwesterly on and along the Southeasterly side or line of Second Avenue one hundred and two feet two inches to the Northeasterly corner made by the intersection of the said last-mentioned avenue and Seventy-first street ; then Southeasterly on and along the Northeasterly side of Seventy-first Street to and across the before-mentioned First Avenue seven hundred and fifty feet to the Northeasterly corner of the said First Avenue and Seventy-first Street ; then South- westerly across Seventy-first Street and along the Southeasterly side or line of First Avenue two hundred and five feet and four inches to a point distant fifty-five feet and four inches North- easterly from the Northeasterly corner of First Avenue and Seventieth Street ; then Southeasterly from First Avenue on a line parallel with Seventieth Street and at the distance of fifty- five feet and four inches Northeasterly therefrom to and across the said before-mentioned Avenue A seven hundred and seventy feet to a point on the Southeasterly side of Avenue A at the distance of fifty-five feet and four inches Northeasterly from Seventieth Street ; then Southwesterly on and along the South- easterly side of Aveni.e A and crossing Seventieth Street one hundred and sixty-six feet and four inches to a point on the said Southeasterly side of the last-mentioned avenue at the dis- tance of fifty-one feet Southwesterly from Seventieth Street aforesaid ; thence Southeasterly from Avenue A to the East River on a line parallel with Seventieth Street and at the dis- tance Southwesterly of fifty-one feet from the Southwesterly OF THE LOUVRE FARM. 353 side thereof to the Northeasterly corner at the said East River of the said before-described lot (No. 3) number three, the said cor- ner being at the distance of fifty-one feet Southwesterly from the Northwesterly side of Sixty-seventh Street, measuring the said distance on a line at right angles with the said street, and thence running along the River as it runs Northeasterly, crossing Seventieth Street and Seventh-first Street to the point or place where the Northeasterly side or line of the said last-mentioned street strikes the said East River, the distance from the said Northeasterly line of the aforesaid lot (No. 3) number three of the said premises, so divided to the said Northeasterly side or line of Seventy-first street on the whole width of the said hereby-described lot (No. 4) number four at the said East River, being three hundred and seventy-one feet and eight inches, measuring the said distance on a line at right angles with the said last-mentioned street, and then running from the said River Northwesterly on and along the said Northeasterly side or line of Seventy-first street to the Northeasterly corner made by the intersection of the said street and Avenue A ; then Noitheasterly on and along the Southeasterly side of Avenue A one hundred thirty-nine feet three inches and three-quarters of an inch to a point on the said Southeasterly side or line of Avenue A sixty-five feet Southwesterly from the before-men- tioned Seventy-second Street ; then Northwesterly on a line crossing Avenue A, and running parallel with and at the dis- tance of sixty-five feet Southwesterly from Seventy-second Street aforesaid seven hundred and seventy feet to the before-men- tioned First Avenue, then Northeasterly on and along the Southeasterly side of said First Avenue two hundred and thirty- seven feet and four inches, crossing Seventy-second Street aforesaid to a point on the said Southeasterly side of said First Avenue seventy-two feet and four inches Northeasterly from said Seventy-second Street; then Northwesterly on a line crossino- the said last mentioned avenue, and continuing and 354 SUB-DIVISION NUMBER FOUR running parallel with and at the distance of seventy-two feet and four inches Northeasterly from Seventy-second Street seven hundred and fifty-feet to the before-mentioned Second Avenue ; then Northeasterly on and along the Southeasterly side of said Second Avenue sixty-seven feet and eight inches to a point on the said Southeasterly side of the said last-mentioned avenue sixty-four feet three inches and three-quarters of an inch South- westerly from the street distinguished on the City Map afore- said by Seventy-third Street ; then Northwesterly on a line crossing said Second Avenue and continuing and running parallel with and at the distance of sixty-four feet three inches and three-quarters of an inch Southwesterly from Seventj-third street seven hundred and ten feet to the before-mentioned Third Avenue, and then Southwesterly on and along the Southeasterly side or line of said Third avenue, crossing Seventy-second Street three hundred and forty-two feet and ten inches to a point at the middle of the block, or space of ground, lying between Seventy-first and Seventy-second Streets aforesaid, the afore- said place of beginning, containing, inclusive of streets and avenues, twenty-three acres and twenty perches and one-half of a perch of land, according to the survey and map aforesaid, made of the said premises under our direction as aforesaid. Isaac C.Jones died on loth May, 1831, intestate, leaving him surviving Rebecca Jones his widow, and 1. Helen Jones, 2. Lewis C. Jones, 3. Alice Jones, His only children and heirs-at-law. Helen Jones, above named, married Woodbury Langdon in November, 1S47. OF THE LOUVRE FARM. 356 ANTE-NUPTIAL SETTLEMENT. Helen Jones, of \st part, Woodbury Langdon, of 2d part, James L Jones, George Jones and George A. Jones, and Lewis C. Jones, \ ^'=5'='""'^' ^'"' of id part, Dated 6th Nov., 1847. Not recorded, but recit- ed in Liber 706 Con- Recites the intended marriage of parties of first and second parts, her ownership of an undivided interest in farm in ques- tion, and other property, and the agreement of said Langdon and Helen Jones to assign the property in trust. Conveys said property in trust to lease the same for one or more years, not exceeding, however, twenty years in the whole from the commencement of the term, which shall always com- mence in possession within three months from the date and execution of the leases ; to collect the rents, issues and profits thereof, apply the same to the payment of taxes, assessments, insurances, repairs, etc., and to pay over the residue to the party of the second part, for and during the rest, residue and remainder of liis natural lite, wliether he survive the said party of the first part, or she, him, and whether there be issue of the said marriage or not. The parties of the third part are author- ized to make amicable partition of the said trust premises, and to execute deeds and releases in which the said parties of the first and second parts should unite, and also from time to time to sell and convey the said trust, premises, or any j^art or parts thereof, or the share of the said party of the first part therein, pro- vided they, the said parties of the first and second parts, should unite in the deeds thereof, and in their execution, acknowl- edgement and delivery. And it was thereby expressly agreed 356 SUB-DIVISION NUMBER FOUR between all the parties to the said indenture, that the several trusts therein created and the estate thereby conveyed, should cease and terminate at the death of the said party thereto of the second part, and that should the said party of the first part thereto survive the said party of the second part, the said trust, property and estate should immediately revert to and revest in her in the same manner as the same existed before the execu- tion of the said indenture. James I.Jones, George Jones, George A. Jones and Lewis C. Jones, trustees of Helen Langdon, Lewis C. Jones i and Catherine, his zvife\ of 1st part, Woodbury Lang- don and Helen, his wife, ofj 2d part, and Rebecca Jones, of "^^d part, to Alice Jones, of ^th part. DEED OF PARTI- TION. Dated 2ist Feb., 1856. Ack. 2 1 St Feb. and loth and nth April, 1856. Rec. 14th May., 1856. 706 Conveyances, 414. Consideration, $39,753. Conveys two-thirds of lots numbered on map 578 (a copy of which is given at the head of this abstract), by the numbers 36, 37' 3S, 39' 40' 4I' 42, 43' 44' 45' 4*5, 20, 21, 23, 33, 24, 25, 26, 27,28,77,78,79,80,81,82, 83,84,109, no, III, 112, 113, 114, 115, 116, 117, 118, 119, 120, 16S, 169, 170, 171, 172, 173, 174' ^1S^ 176' hS' 149' 15O' 15I' 152, 153' ^54' ^5S^ 156, 237, 238, 239, 240, 241, 242, 243, 204, 205, 206, 207, 208, 209, 210, and also all the water rights, or rights to land under the waters of the East River lying in front of the lands and premises lastly above described, and the said portion of Avenue B. OF TH-E LOUVRE FARM. 357 James I. Jones, George Jonfs, George A. Jones and Lewis C. JON)i:s, trustees of HEr,i:\ Langdon, of 1st part, audi Alice Jones, WoodburvI Langdon and Helen Lang- don, his luifc, of 2d pari, Re-| BECCA ]0^¥.S, of 2,dpart, to Lewis Colford Jones, of \t]i part . DEED OF PARTI- TION. Dated 2ist Feb., 1856. Ack. 2 1 St Feb. and on loth and nth April, 1856. Rec. 14th May, 1856. 706 Conveyances, 417. Consideration, $39,753. Conveys two-thirds of lots, numbered on said map 578, by the numbers, 4, 5, 6, 12, 13, 14, 15, 16, 17, iS, 19, 29, 30, 31, 32, 33. 34. 35. 53. 54' $1^ 56, 57^ 58. 59' 60, 61, 62, 63, 64, 65, 66, e-j, 129, 130, 131, 132, 133, 134, 135, 136, 137, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 228, 229, 230, 231, 232, 233, 234, 235, 236, 252, 253, 254, 255, 256, 257, 258, and also all the water rights, and rights to land under the waters of the East River lying in front of the land and premises lastly above described, and the said portion of Avenue B. James I. Jones, George Jones, George A. Jones, Lewis C. Jones, trustees of HELEN Langdon, Lewis Colford Jones and Catherine, Jus wife, Alice Jones, of ist part, Woodbury I angdon ajtd Helen, his ivife, of 2d part to Rebecca Jones, of ^d part. DEED. Dated 21st Feb., 1856. Ack. 2 1st Feb., 1856. and loth April, 1856. Rec. 14th May, 1856. 706 Conveyances, 421. Consideration, $26,638. Conveys lots numbered on said map 578, by the ni 358 SUB-DIVISION NUMBER FOUR OF THE LOUVRE FARM. berS, 47, 48, 49, 50, 51, 52, 103, 104, 105, 106, 107, i( 121, 122, 123, 124, 125, 126, 127, 128, 138, 139, 140, 141, 143, 144, 145, 146, 147, 185, 186, 187, 1S8, 189, 190. 191, l( 244, 245, 246, 247, 248, 249, 250, 251. Lewis Colford Jones and Catherine, Jiis wife, Alice ]Qi^Y.'~>, parties of the 1st pai't, and Rebecca Jones, of the 2d\ part, to James I. Jones, George Jones, DEED OF PARTI-] TION. Dated 2 1st Feb., 1856. Ack. 2 1 St Feb., 1856, and on loth April, 1856. . . , X , Rec. 14th May, 1856. George A. Jones and Lewis I ^^ Conveyances, 424. C. Jones, trustees of Helen Consideration, $39,753. Langdon, ^/ 3^/^ri5. ' ^^^/^^ Conveys two-thirds of lots, numbered on said map 578, by the numbers, i, 2, 3, 7, 8, 9, 10, 11, 85, 86, 87, 88, 89. 90, 91, 92, 93^ 94' 95' 96, 97' 9S, 99' ^oo, lor, 102, 68, 69, 70, 71, 72, 73' 74' 75' 76' 177' ^78' i79' iSo, i8r, 1S2, 1S3, 1S4. 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227. '€/{'4 f'^ /m ^ca'?-'^^ ^'a4'^i. — d/u/'-c/fWAWfi (^ct. ^--^ e:.. + 74-"" SU&DIVISIQN NUMB El '7^ 7Ti G>./s i"30 73 '° 81/ Cd%s. 593 UBDIVIS'CN NUM&t 7S 7} i SUB-DIVISION NUMBER FIVE OF THE LOUVRE FARM. Sub-division number five was set apart to Frances Maria Pen- dleton in the suit of Schermerhorn z-^y. Jones above set forth, and is described in the Commissioner's report therein as "Situated, lying and being in the said Ninth Ward of the City of New York, between Third Avenue and the East River aforesaid. Bounded Soutlieasterly by the East River, Northwesterly by Third Avenue aforesaid, Southwesterly by the said before- described lot (No. 4) number four of the said premises, and Northeasterly by lot (No. 6) number six of the said premises so divided by us the said Commissioners as aforesaid and more particularly Butted, bounded and described as follows, that is to say : Beginning at a point on the Southeasterly side of Third Avenue aforesaid, at the distance of sixty-four feet, three inches and three-quarters of an inch Southwesterly from Seventy-third Street aforesaid, being the Northwesterly corner of the before- described lot (No. 4) number four of the said premises whereof the aforesaid division was so made by us as aforesaid, and run- ning thence along the said lot (No. 4) number four from said _J 74.TH Srneer I SUt D/V/SION NUMBER. FIVE Shauri/nq Cht OUfflxemJ: pa/Lcclt camyeAJid -^ r>60 SUB-DTVTSION NUMBER FIVE Third Avenue to the East River as follows, to-wit : Running from the said place of beginning Southeasterly on a line parallel vv^ith and at the distance of sixty four feet three inches and three- quarters of an inch Southwesterly from Seventy-third Street to and across the before-mentioned Second Avenue seven hundred and ten feet to a point on the Southeasterly side of said Second Avenue ; then Southwesterly on and along the Southeasterly side or line of Second Avenue sixty-seven feet and eight inches to a point distant seventy-two feet and four inches Northeasterly from the Northeasterly corner of Second Avenue and Seventy- second Street ; then from Second Avenue aforesaid Southeasterly on a line parallel with Seventy-second Street, and at the distance of seventy-two feet and four inches Northeasterly therefrom to and across the before-mentioned First Avenue seven hundred and fifty feet to a point on the Southeasterly side or line of said First Avenue at tlie distance of seventy-two feet and four inches Northeasterly from the Northeasterly corner of First Avenue and Seventy-second Street ; then Southwesterly on and along the Southeasterly side or line of First Avenue two hundred and thirty-seven feet and four inches, crossing Seventy-second Street aforesaid to a point on the said Southeasterly side or line of the said last-mentioned Avenue at a distance of sixty-five feet South- westerly from Seventy-second street aforesaid ; then Southeast- erly on a line parallel with Seventy-second Street and at the distance of sixty-five feet Southwesterly therefrom to and across the before-mentioned Avenue A seven hundred and seventy feet to a point on the Southeasterly side of the said last-mentioned avenue sixty-five feet Southwesterly from Seventy-second street ; then Southwesterly on and along the said Southeasterly side or line of the said last-mentioned Avenue A one hundred and thirty-nine feet three inches and three-quarters of an inch to the Northeasterly corner of the said last-mentioned avenue and Seventy-first street ; then Southeasterly on and along the North- easterly side of Seventy-first Street to the East River to the OF THE LOUVRE FARM. 361 Northeasterly corner at the said river of the said before-described lot (No. 4) number four of the said premises, whereof the said division was so made by us as aforesaid ; and thence running on and along the said River, crossing Seventy-second Street to a point or place Northeasterly of Seventy-second Street and at the distance of sixty-four feet and four inches therefrom, and at the distance of three hundred and sixty-eight feet seven inches and three-quarters of an inch from the Northeasterly side or line of Seventy-first Street, being the Northeasterly line at the said River of the aforesaid lot (No. 4) number four of the said pre- mises so divided, measuring the said two last-mentioned dis- tances respectively on a line at right angles with the said last- mentioned streets, and then running from the said River North- westerly on a line parallel with and at the distance of sixty-four feet and four inches Northeasterly from Seventy-second Street to the said before-mentioned Avenue A ; then Northeasterly on and along the Southeasterly side of Avenue A one hundred and thirty-nine feet eleven inches and three-quarters of an inch to the Southeasterly corner made by the intersection of Avenue A and Seventy-third Street ; then Northwesterly across the said last-mentioned avenue one hundred feet to the Southwesterly corner made by the intersection of the said last-mentioned street and avenue ; then Northwesterly on and along the Southwest- erly side of Seventy-third Street six hundred and seventy feet to the Southeasterly corner made by the intersection of Seventy- third Street and Frst Avenue ; then Northeasterly across Sev- enty-third Street and along the Southeasterly side of First Avenue two hundred and eighteen feet to a point on the said Southeasterly side of the said last-mentioned avenue, distant forty-six feet three inches and three-quarters of an inch South- westerly from the street distinguished on the city map aforesaid by Seventy-fourth street; then Northwesterly on a line running parallel with Seventy-fourth Street and at the distance of forty- six feet three inches and three-quarters of an inch Southwesterly 362 SUB-DIVISION NUMBER FIVE therefrom across the said last-mentioned avenue, and through the block or space of ground lying between Seventy-third and Seventy-fourth Streets seven hundreed and fifty-feet to Second Avenue ; then Northeasterly on and along the Southeasterly side of Second Avenue forty-six feet three inches and three- quarters of an inch to the Southeasterly corner made by the intersection of the said last-mentioned avenue and Seventy- fourth Street ; then Northw^esterly across Second Avenue one hundred feet to the Northwesterly corner made by the said intersection of the said last-mentioned street and avenue ; then Northwesterly on and along the Southwesterly side of Seventy- fourth Street six hundred and ten feet to the Southeasterly cor- ner of the said last-mentioned sti'eet and Third Avenue ; and thence Southwesterly on and along the Southeasterly side or line of the said Third Avenue, crossing Seventy-third Street three hundred and twenty-eight feet seven inches and one-half of an inch to a point on the Southeasterly side of said Third Avenue distant sixty-four feet three inches and three-quarters of an inch Southwesterly from Seventy-third Street aforesaid, the aforesaid place of beginning. Containing, inclusive of streets and avenues, twenty-two acres and three roods of land, according to the survey and map aforesaid made of the said premises under our direction as aforesaid." On Sth January, 1811, previous to the above-mentioned par- tition, and before his marriage with Frances Maria Jones, Ed- mund H. Pendleton agreed, by an indenture made between him and John Jones, Edward R. Jones, and James I. Jones, Ti'us- tees for Frances Maria Jones, to settle upon her and her heirs one full, equal, imdivided half part of her one-seventh interest in the estate of her father, John Jones, and to convey the same unto them in trust for her sole and separate use during the mar- riage and their joint lives. Upon the death of Eleanor Mar- garet Jones, Edmund H. Pendleton agreed to settle upon his OF THE LOUVRE FARM. P.Go wife on the like trusts one-half of the one-sixth share in the estate of her father, John Jones, of which the said Eleanor Margaret Jones died seised. These agreements are nbt re- corded, but arc fully recited in a deed recorded in Liber 190, Conveyances page 357. \ DEED OF TRUST. Edmund H. Pkndletox and j Franxes Maria, /n's wi/r, I Dated 14th Mar., 18 16. fo \ Not recorded, but recit- JoHN Jones, Edward R. Jones. I cd in Liber 190, Con- ^^wZ James L Jones. \ veyances, page 357. Conveys one full, equal, undivided half of the one full, equal, undivided sixth part of all that certain messuage or dwell- ing-house and farm or tract of land and premises situate, lying and being in the Ninth Ward of the City of New York, between the highway or Post Road and the East River, commonly called the Louvre. In trust for sole and separate use of Frances ^L Pendleton during her marriage with Edmund H. Pendleton, and during their joint lives, free from his debts, etc. ; but to permit them or him to receive the rents thereof to and for the use of Frances M. Pendleton and Edmund IL Pendleton, unless the said Frances M, Pendleton otherwise direct, then to her, or her appointee. If she survive him, then in trust for the said Frances M. Pendleton, her heirs and assigns forever ; if she die first, then in trust for Edmund H. Pendleton during his life, and on his death to the lawful issue of Frances M. Pendleton, and their heirs as tenants in common, the lawful issue of a deceased child taking its parents share. And in default of issue to the hcirs-at-law of the said Frances M. Pendleton, with full power 364 suB-nivisioN number five to her to direct, limit and appoint by will unto and amongst her lawful issue, and if none among such persons as she may thin!; proper, and also with full power to Frances M. Pendleton and husband to sell with consent of trustees. After the partition of the said Louvre Farm into six sub- divisions the undivided half of Sub-division Number Five, which was set apart to Mrs. Pendleton in severalty, was held by her trustees under the above trusts. The other moiety was con- veyed as follows : DEED. Edmund H. Pendleton and ) ^^^ted 27th Feb, 1836. Frances Marl\, his ivtfe, [ ^ck. 29th Feb., 1836. f^ > Rec. 1st Mar., 1836. Augustus Fleming. \ 347 Conveyances, 615. ) Consideration, $10.; Conveys the moiety or undivided half part of all that certain other piece and parcel of land, parcel of the said farm, called the Louvre, situated, lying and being (formerly in the Nintli Ward), in the Twelfth Ward of the City of New York, and known and distinguished on a partition of the said firm among the owners thereof as Lot Num- ber Five. Bounded Southeasterly by the East River, North- westerly by the Third Avenue, Northeasterly by the said last-described piece of land Number Six, and Southwesterly by the lot of land also parcel of the said farm called the Louvre, Number Four, which said lot Number Four belongs to the heirs of Isaac C.Jones, deceased, the said lot of land Number Five, containing twenty-two acres and three roods of land, be the same more or less, with the appurtenances. OF THE LOUVRE FARM. 365 DEED. Dated 29th Feb., 1836. Augustus Fleming / Ack. ist Mar., 1836. to > Rec. 1st Mar., 1836. Edmund H. Pendleton. \ 347 Conveyances, 618. Consideration, $10. Conveys same interest in same premises. In the Matter of The petition of Edmund H. Pendle-| TON and Frances Marl\, Ids zvife, for the appointment of nczv Trustees in ( the place of the late sole surviving trustee < CES Maria Pendleton. of neiv Trustees in f James I. Jones, I • of the said Fran- 1 ETON. 1 1S59 — February 5. Petition verified. Sets up death of. John Jones on 27th April, 1846, of Edward R.Jones on loth January, 1S39, and of James I.Jones on 3d September, 185S, and that there is no issue of the mar- riage of Edmund H. Pendleton and wife. February 5. Woodbury Langdon and wife, by Joshua Coit, their attorney, John Jones Scher- merhorn, William C. Schermerhorn, Edmund H. Schermerhorn, Lewis C. Jones and wife, Alice Jones and Ellen Schermerhorn, by George A. Jones, their attorney, appear and admit due service of a copy of the peti- tion and notice of motion. 366 SUB-DIVISION NUMBER FIVE OF THE LOUVRE! FARM. 1859 — February 5. The guardian ad litem of Henry C. Scher- merhorn, Frederick A. Schernaerhorn, Eleanor C. Jones, James I. Jones and Cordelia Jones admits due service of said papers. February 7. Order entered, appointing Thomas W. Ludlow, Alexander Hamilton, Jr., and Nathaniel P. Rogers such trustees. This order is recorded in Liber 779 Conveyances, page 83. Last Will and Testament of Edmund H. Pendleton. Dated 28th May, 1856. Proved in Dutchess Co., but recorded in New York Register Office Liber 851 Convs., 600. I in j & " I give, devise and bequeath all my estate, both real and personal, of every kind and description whatever, without any exception, to my beloved wife, Frances M. Pendleton, to have and to hold the same to her and her heirs." The will contains certain provisions contingent on his surviv- ing his wife. The map ante page 359 shovv's the different parcels of this sub-division conveyed from time to time by Mrs. Pendleton, her husband and trustees. yfc^C^ en //it^ }^m'l'4e r^^aim. —(^a^-c/tm'6imr d/'t'i^ C^C4 (^n Me }^C€/€'46 t^'€l4m. —(Mlf/t^viAcon (M've. :.L ^-^% ** i loHels 5 M ■«' I 1(3 //« ((J' lib IIZ r\ A."^ ^>\V^^!iU G TO >-^^>5'ii^^ MD SUB-DIVISION NUMBER SIX OF THE LOUVRE FARM. Lot Number Six was set apart to William H.Jones, in the suit of Schermerhorn vs. Jones above set forth, and is described in the commissioner's report therein as " Situated, lying and being in the said Ninth Ward of the City of New York, between Third Avenue and East River aforesaid. Bounded Southeast- erly by the East River, Northwesterly by Third Avenue, South- westerly by the said before described lot (No. 5) number five of the said pixmises, and Northeasterly by land and premises now or lately in the possession of Richard Riker, and more particularly butted, bounded and described as follows, that is to say : Beginning at the Southeasterly corner made by the inter- section of Third Avenue and Seventy-fourth Street aforesaid, being the Northwesterly corner of the before-described lot (No. 5) number five of the said premises, whereof the aforesaid division was so made by us as aforesaid, and running thence along the said lot (No. 5) number five from Third Avenue to the East River, as follows, to-wit r running from the said place of beginning Southeasterly on and along the Southwesterly side of Seventy-fourth Street to and across the said before-mentioned Second Avenue seven hundred and ten feet to the Southeasterly Oi^ecut ??'203. ^-i/Jr'eo. 6ffice^ C3 C ^fi^ ^•^ Co^/crrvt Ji^r^e^ SEVeNTY-SECONO n 368 saB-DivisioN number six corner of said Second Avenue and Seventy-fourth Street ; then Southwesterly on and along the Southeasterly side or line of Second Avenue forty-six feet three inches and three-quarters of an inch : then Southeasterly on a line parallel with Seventy- fourth Street, and at the distance of forty-six feet three inches and three-quarters of an inch Southwesterly therefrom to and across the said before-mentioned First Avenue seven hundred and fifty feet to a point on the Southeasterly side or line of said First Avenue at the distance of forty-six feet three inches and three-quarters of an inch Southwesterly from Seventy-fourth Street aforesaid ; then Southwesterly on and along the South- easterly side of First Avenue two hundred and eighteen feet to the Southeasterly corner of the said last-mentioned avenue and Seventy-third Street ; then Southeasterly on and along the Southwesterly side of Seventy-third Street to and across the said before-mentioned Avenue A seven hundred and seventy feet to the Southeasterly corner of the said last-mentioned avenue and street ; then Southwesterly on and along the Southeasterly side of the said Avenue A one hundred and thirty-nine feet eleven inches and three-quarters of an inch to a point on the said Southeasterly side of the said last-mentioned avenue sixty-four feet and four inches Northeasterly from the before-mentioned Seventy-second Street, and then Southeasterly on a line parallel with Seventy-second Street and at the distance of sixty-four feet and four inches therefrom to the East River to the Northeast- erly corner at the said River of the said before-described lot (No. 5) number five being at the distance. Northeasterly from the Northeasterly side of Seventy-second Street, of sixty-four feet and four inches on a line at right angles with the said sti^et, and them:e running along the River as it runs Northeasterly to the Southeastei^ly corner of the said premises, now, or lately, in the possession of the aforesaid Richard Riker, being the North- easterly corner of the said premises, whereof the division afore- said was so made by us as aforesaid, the width of the said OF THE LOUVRE FARM. 3fi9 hereby-described lot (No. 6) number six on the said East River, measuring the same on a line at right ^.ngles with Seventy-third Street aforesaid, being three hundred and thirty-six feet, and then running from the said East River to Third Avenue afore- said along the division line between the said land and premises of the said Richard Rikei" and the said premises, so by us Rec. 1st Mar., 1836. Edmund H. Pendleton. \ 347 Conveyances, 618. Consideration, $10. Convex s same interest in same premises. Title to the One-Fourth vested in Peter Scher- merhorn, Junior. DEED. Peter Schermerhorn, Jun., J Dated 30th June, 1823. and Sarah, /lis zui/^, f Ack. 8th July 1823. to / Rec. 23d Sept., 1823. James I. Jones. \ ^7^ Conveyances, 145. __^ J Consideration, .$10. Conveys the one equal undivided fourth part of said lot num- ber six. OF THE LOUVRE FARM, 37( DEED. James I. Jones J Dated ist July, 1828. to ( Ack. loth July, 1823. Sarah Schermerhorn, tcZ/V off ^^c. 23d Sept., 1823. Peter Schermerhorn, Jr. \ 171 Conveyances, 150. / Consideration, $10. Conveys same interest in same premises. Sarah Schermerhorn died on zSth April, 1845, intestate, leav- ing her surviving her husband, Peter Schermerhorn, and r. John Jones Schermerhorn, 2. William C. Schermerhorn, 3. Edmund H. Schermerhorn, 4. Peter Augustus Schermerhorn, her only children and heirs-at-law. The said Peter Augustus Schermerhorn died on 6th May, ^845- Last Will and Testament of Peter Augustus Schermer- horn. Dated 27th Mar., 1845. Proved 28th May, 1845. 91 Wills, 296. Gives to his Executors and Trustees out of his personal estate an amount equal to the sum of $30,000 multiplied by the number of children (including posthumous children which may be living at the time of liis decease), to be held in trust as therein provided, and then makes the following devise : " AH the rest, residue and remainder of the estate, both real and personal, which I shall be seised, or possessed of, or in any way entitled to at the time of my decease, I give, devise and bequeath unto my said beloved wife, Adeline, to have and to hold the same, as to the real estate, unto her heirs and assigns 378 SUB-DIVISION NUMBER SIX forever, and as to the personal estate, unto her executors, ad- ministrators and assigns forever ; and in view of this bequest and devise I rely upon the pai'ental aflection of my said wife to maintain, support and educate my children i^n a manner suit- able to her means and their station at her own expense until they shall receive their shares of the amount above bequeathed unto my said trustees, or respectively attain lawful age. * * * The provisions hereby made for my said wife, being intended by me, and is to be accepted by her, in bar and lieu of all dower, right and other claims which she may have upon my estate, either real or personal." \ John Jones Schermerhorn, ) DEED. Edmund H. Schermerhorn, William C. ScHERMERHORNf Dated 22d Sept., 1845. Ack. 23d Sept., 1845. Rec. 3d Oct., 1845. 463 Conveyances, 538. to I Consideration, $5.00. and Adeline E. Schermer HORN Peter Schermerhorn. Conveys the share, purport and portion of the said par- ties of the first part, and of each of them, of, in and to all and singular that certain farm, tract, piece or parcel of land, com- monly called and known as the Louvre Farm, situate, lying and being in the Twelfth Ward of the said City of New York and on the Easterly side of the Third Avenue, being part and parcel of the real estate whereof the said Sarah Schermerhorn, the mother of the said John Jones Schermerhorn, Edmund H. Schermerhorn. Wilham C. Schermerhorn and Peter Augustus Schermerhorn died seised or entitled to, and which, upon her death, descended to them as her sole heirs-at-law, in equal por- tions or shares. OF THE LOUVRE FARM. 379 Last Will and Testament Dated nth May, li of ^. Proved 8th July, 1852. Peter Schermerhorn. \ 104 Wills, 309. Testator appoints his three sons, John J. Schermerhorn, Ed- mund H. Schermerhorn and William C. Schermerhorn, and his friend, Edward Bancker, his executors ; and subsequently provides as follows : *" Whereas my deceased son, Peter Augustus Schermerhorn, departed this life shortly after his mother, my late lamented wife, having, before the illness of my said wife and when him- self in failing health and without any prospect of surviving her, made and executed his last will and testament, whereby, after making a pecuniary provision for his three infant children, he bequeathed and devised to his wife, Adeline E., all the residue of his estate, both real and personal, whereof he might be seised or whereto he might be entitled at the time of his death, mean- ing and intending thereby, as I have no doubt, and as it was perfectly right and proper for him to do, to give back to his said wife the bulk of the large fortune which he received with her, but, in consequence of the sudden and unexpected death of his said mother a few days before him, his share in her real estate passed, under his said will, to his said wife, subject to my life estate therein, as tenant by the curtesy, which I have no doubt whatever, was contrary as well to his intention and wishes as to those of my said wife, could they have been ascer- tained or expressed in reference thereto, and inasmuch as my said daughter-in-law has hitherto declined to make over to her said children the said share in my deceased wife's estate, I feel myself in duty bound not only to notice the fact above stated, but to frame the provisions of this my will in regard to my said 380 SUB-DIVISION NUMBER SIX grandchildren accordingly. Fifth. Should my said daughter- in-law, at any time during my life or within thirty days after probate shall have been granted on this my will, and a copy thereof duly delivered to her, grant and convey to my said grandchildren, or such of them as may be living, all and singu- lar her interest in my said wife's real estate, or should she have taken such measures as would fully assure to them, or the sur- vivors of them, her interest in the said estate on her death, or should she be then deceased and the said estate vested in her said children as her heirs-at-law or devisees, and should her said children, any or either of them, survive me, then and in that case I hei-eby order and direct all my personal estate, my just debts and funeral and testamentary charges being first paid thereof, to be divided into four equal parts, and so much of my real estate as is situate either in the City and County of New York or in the County of Kings, to be likewise divided into four equal parts. ***** Eighth. Three of the said equal fourth parts of my real estate, situate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to my said three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, one of the said equal fourth parts to each of them, for and during his life, and I give to each one of my said three sons power, according to a full discretion hereby given to each of them, to dispose of his own share of the said last-mentioned real estate by will among his lawful issue and among his brothers and their lawful issue, including the said three children of my said deceased son, Peter Augustus, or among any of the said persons, in such shares and proportions and on such law- ful conditions and limitations as he may think fit. Should either of my said three sons die without exercisi4ig the power above given, I hereby give, devise and bequeath the share of the one, so dying, in the said last-mentioned real estate to his lawful issue, taking by representation, and to their heirs and OF THE LOUVRE FARM. 381 assigns forever ; but should the one so dying leave no lawful issue him surviving, then I give his share in the said last-men- tioned real estate to his brothers and their law^ful issue, taking by representation as to the issue of my said deceased son, Peter Augustus, and as to the issue of such of my other sons as may then be deceased. Ninth. The remaining equal fourth part of my real estate, sitiiate either in the City and County of New York or in the County of Kings, I hereby give, devise and bequeath to the three children of my said deceased son, Peter Augustus, that is to say, Ellen, Henry A. and Frederick Augus- tus, in equal portions or share and share alike, and to her, his and their heirs forever, during the lives of the said Henry A. and Frederick Augustus and the survivor of them, but upon the death of such Survivor the said remaining fourth part of the said last-mentioned real estate is to vest in the lawful issue of the said Henry A. and Frederick Augustus and in the said Ellen, if then living, or if she be then deceased, in her issue. Should one or two of my said three grandchildren die at or before the determination of the life estate above created in respect to their share, without having lawful issue, the interest of the one or two, so dying, in the said last-mentioned real estate shall pass to the survivors or survivor of them and to her, his or their lawful issue. Should all of my said three grandchildren be deceased at the time of the termination of the life estates above created in respect to their share, leaving no lawful issue, or should the said Ellen, after the whole of the said remaining fourth part of the said last-mentioned real estate may have vested in her, by reason of the decease of the said Henry A. and Frederick Augustus, leaving no lawful issue, die under the age of twenty-one years and leaving no issue, then the said remaining fourth part of the said last-mentioned real estate shall vest in my right heirs-at-law. Tenth. But should my said daughter-in-law, contrary to my wishes and earnest entreaties, refuse or decline or neglect to vest, or cause to be vested, in my 382 SUB-DIVISION NUMBER SIX said three grandchildren, or the survivors or survivor of them, the said estate derived by her under the will of her said hus- band from my deceased wife, in manner aforesaid, or should my said three grandchildren all die before me without leaving any issue, then and in either such case I hereby order and direct the whole of my estate, both real and personal, to be divided into three equal parts, one of which parts I hereby give and devise and bequeath unto each of my three said surviving sons, their respective executors, administrators, issue and heirs, under the same limitations and restrictions, with the same powers, in the same events, for the same estates and in the same manner in all respects as is above particularly expressed in regard to each of my said three surviving sons, in the event of my estate being divided into four equal parts. Eleventh. Whatever shares, whether the one-fourth or the one-third part, my said three surviving sons may respectively take in my estate, I hereby authorize and empower them respectively, and each of them, and the guardians for my said three grandchildren during their respective minorities, and my said three grandchildren them- selves, after their respective majorities, in case they shall take a share in my estate under this my will, to lease their respective shares of my real estate, or any part or parts thereof, for any term of \'ears not exceeding seven, to commence in possession or within three months after the execution of the lease, except the lots of the Louvre and Belmont Farms, and the lots in the City of Brooklyn, which may be let for any term of years they may severally see fit, not exceeding twenty-one years. * * * Fourteenth. Beli.'ving it to be for the advantage of my children, I do most earnestly recommend that no actual division or par- tition be made of my real estate, but that they will agree that the same be managed as one entire estate, etc. ***** Lastly. In order to provide for the event of any lapsed or void legacy or devise, or any other contingency which may happen, whereby it may be adjudged that I shall have died intestate in OF THE LOUVRE FARM. 383 regard to any part or parts of my property or estate, either real or personal, I hereby give, devise and bequeath all and singular the vest, residue and remainder of my property and estate, whatsoever and wheresoever, both real and personal, unto my before-named three sons and my said three grandchildren (the said grandchildren, or the survivors or survivor of them, taking together, if more, than one, one share), share and share alike, in case my said grandchildren shall, according to the foregoing provisions of my will, take any share in my said property and estate. But in case they shall not take any share therein, then I hereby give, devise and bequeath the said rest, residue and remainder to my s-iid three sons and the issue of such of them as may hereafter 6. 35 2, 14,^16, 57 2, 14, t6, 83 2, Mi^i6, 97 2, 14, 16, lOQ 119, 121 119, 14' 119, 121 119, 141 T19, 179 119, 189 119, 179 119^189 119, 227 249.271 119, 227 249 249, 271 249, 301 249.3'5 249. 327 249 J 35 » 249, 3 -'7 249. .'ii 249,^339 =49. 367 INDEX. BETWEEN FIRST AND SECOND AVENUES. etween what Streets. NAME OF TRACT. 43th 4yth to 42d. to 43d. to 45th. to 4eth. to 47th- to 48th. to 49th. to 50th. 51st ;2d 55tH to 51st to 52d-. to 53d. to ssth. to 56th. 56th to 57th. 57th S^^th 5-3th 60th 6ist 62 d 6,;th (,^h 6'.th 67th to 58th. to 59th. to 60th- to 6ist. to 62d. 10 64th. to 65th. to 67th. to 68th. 63th to 69th. 69th 70th 7. St 72d 73d 74th to 70th. to 71st . to 72d.. to 73d.. to 74th. to 75th. Turtle Bay, Subd. No. i. Subd. No. 2. " Subd. No. I. Subd. No. 2. Subd. No. 3. " Subd. No. 4. " Subd. No. 3- Subd. No. 5- Subd. No. &'. James Beekman. Catherine Livingston. George Youle Brevoort and Odell . George Youle. Brevoort and Odell. Thomas Buchanan.. Brev. ort and Odell . Thomas C. Pearsall . Thomas A. Emmet. Thomas C. Pearsall . Thom.-is A. Emmet. Thomas C. Pe.irsalL Philip Brasher Adam Tredwell Philip Brasher. Adam Tredwell A. and W. Beekman. Peter Sawyer Widow Hardenbrook- Louvre, Subd. No. i.. " Subd. No. 2.. Subd. No. 3. Subd. No. 4. Subd. No. 5-. Subd. No. 6^. To Whom Abstract is Continued: Pages of Pages of Abstract. Maps. Gertrude Cutting 35 to 46 57 to 66 35 to 46 57 to 70 71 to 81 83 to 96 Allen and Morton... D. \V. Kissam J. N. Cushman, Master U. W. Kissam Woolley and Loder. W. B. Lawrence " and Jr W. B. Lawrence James W. Beekman . D. Hobart, Referee ^. Cowdrey, Master Brevoort and Odell - S. Cowdrey, Master. Brevoort and OdelL.. Goelet z'S. Buchanan . Brevoort and OdelL. . T. A. Emmet, Master. Thos. A. Emmet T. A. Emmet, Master. Thos. A. Emmet T. A. Emmet, Master. Philip Brasher Adam Tredwell Philip Brasher. Adam Tredwell James Beekman Beekman 7's. Van Cortlandt Fitch and Crumble . Peter Schermerhorn Jones vs. Jc Schermerhorn ?■.?. Jcnes. Isaac C. Tones Frances M. Pendleton. . Schermerhorn vs. Jones. 71 to 81 97 to 108 97 to 102 109 to 114 109 to 117 109 to 114 119 to 139 151 to 162 173 to 178 151 to 162 173 to 178 163 to 172 173 to 178 179 to 18S 199 to 208 179 to 188 199 to 2C8 179 to 188 189 to 193 ■S09 to 226 189 to 198 209 to 226 227 to 249 249 to 270 271 to 286 301 to 314 315 to 325 327 to 350 351 to 358 359 10 366 367 to 390 2, M.^^iD, 34 2, 14,16,34, 57 2, 14, i6, 34 2, 14. 16, 57 2, 14, 16, 71 2, 14, 16, 83 2, I4;^l6, 71 2, 14, 16, 97 2, 14, i6, log 119, i5i 119, 173 i'9, '73 i'9, '79 119,^19; 119, 179 119, igg 119, 179 119, 189 119. 205 119 189 249 249, 271 249, 301 249,^ 3 '5 249- 327 249.^^351 249,^359 249 ^ 367 INDEX. BETWEEN SECOND AND THIRD AVENUES. Between what Streets. NAME OF TRACT. To Whom Abstract is Continued. Pages of Abstract. Pages of Maps. 41st to 45th Mar Tur tin Smith Thos. E.Davis 3 to 10, 47 to 56 47 to 56 ; 71 to 81 47 to 56 97 to io3 109 to 117 173 to 178 109 to 117 119 to 138 173 to 178 119 to 138 141 to ISO 173 to 178 199 to 208 209 to 225 227 to 247 249 to 270 271 to 2S6 3ca to 314 3'5 to 325 327 to 350 351 to 358 359 to 366 367 to 390 2, 3- 34 2, 14, i6, 34 2, I4;^l6, 7« tie Bav. Subd. No. i_ . 44th to 45th 45th to 46th 46th to 47th 47th to 48th Subd. No. 3... Subd. No. i'/.'. ;; Subd. No. s... ;; Subd.^No.e!".! Brevoort and Odell '.'.'. Turtle Bav. Subd .No. 6... D. W. Kissam Thos E. Davis Isaac. M. WooUey W.B.Lawrence 1, 14, 16, 34 2, 14, 16, 97 2, 14. /6. loj 48th to 49th 415th to 50th Brevoort and Odell W. B. Lawrence t'9, 173 a, 14, 16, loj 119, 121 "9;/73 119, 121 Jam Bre Jair Cat Bre The Ada w. Pet es Beekman James \V. Beekman Brevoort and Odell James W. Beekman'.'.'.'.'.'.'.'. D. Hobart, Referee...."!!! Brevcort and Odell 50th to 51st voon ana Odell 51st to S2d 52d to 56th 56th to 57th lierine Livin.^ston voort and Odell 119, 141 "9.^>73 1 19, 199 57lh to sgth 59th to 6oth li m Tredwell Adam Tredwell 119,^209 62d to 63d 63d to 64th 64th to «3th 11 • • anl A. Beekman Beekman z-^. Van Cortlandt Fitch and Crumble Peter Schermerhorn 119.227 tt 249 65th to 66t>. 66th to 67th 67th to 68th 68th to 69th 69th to 70th 7qth to 71st 71st to 72d Lou low Hardenbrook vre, Subd. No. 1 Subd. No. 2.""'.';; 1 Subd. No. 3 Subd. No. 4"!"'!". 1 Subd. No. 5.'!;".;!; Subd. No. 6 '."'.'.'.'. 249,271 249,30' 249, 315 249,327 249;35I Schermerhorn z'j. Jones 72d to 73d 73d to 74th 74th to 75th Frances M. Pendleton Schermerhorn vs. Jones 249^359 249, 367 PORTIONS WEST OF THIRD AVENUE. Between what Streets. NAME OF TRACT. To Whom Abstract is Continued. Pages of Abstract. Pages of -Maps. 42d to 45th 4Sth to S4th 56th to S7th S7th to 60th 60th to 62d 62d to 63d...... 63d to 65th..... Martin Smith 3 to 14 173 to 178 199 to 208 209 to 225 227 to 247 2, 3 Brevoort and Odel! Brevoort and Odell Thos. A. Emmet II9;^t;3 119, 199 AAr,m Tf-*>HwRll Palmer and Elliott 1 19, 223 W. and A. Beekman Beekman vs. Van Cortlandt It9,_227 ALPHABETICAL INDEX, BY NAME, OF TRACTS. Name of Tract. Abftract. Beekman, Abraham and William.. 227 to 247 " James, Subd. i 119 to 133 " " " 2 119 to 138 " 3---- 119 to 133.139 Brasher, Philip 1S9 to 198 Brevoort and Odell 173 to 178 Buchanan, Thomas 163 to 172 Emmet, Thomas Addis 199 to 208 Hardenbrook, Ann 271 to 286 Livingston, Catharine 141 to 150 Louvre, General Title 287 to 300 " Subd. I 301 to 314 " 2 315 to 32s " 3 327 to 350 " 4 - 351 to 358 Name ol Tract. Louvre, Subd. 5 " 6 Pearsall, Thomas C Sawyer, Peter Smith, Martin ...3 to Tredwell, Adam Turtle Bay, General Title Subd. I Youle, George Pages of Abstract. 359 to 366 367 to 390 179 to 188 249 to 270 14,47 '056 209 to 226 IS to 34 35 to 56 57 to 70 S3 to 96 97 to 108 109 to 117 151 to 162 APPENDIX. Table of Chains Reduced to Feet. Chains. Feet. Chains. 1 Feet. 4^2 Chains. 13 Feet. Chains. 1 Feet. Chains. Feet. J 66 858 19 1,254 .s 1,650 2 132 8 528 14 924 20 1,320 26 1,716 3 198 9 594 990 21 1,386 27 1,782 4 264 • ^° 16 1,056 22 1,452 28 1,848 5 330 726 17 1,122 1 23 1,518 29 1,914 6 3.. 12 792 18 1,188 1 '' M=.|j 30 x,98o Table of Links Reduced to Feet and Decimals of a Foot. Links. Feet. 1 Links. Feet. Links. Feet. Links. ~r;„. 1 Links. Feet. I .66 9 5-94 17 11.22 45 29.7 85 56.. 2 ^■n 10 6.6 .8 11.88 50 33- 90 59-4 3 1.98 II 7.26 19 12.54 55 36.3 95 62.7 f 2.64 12 7.92 13.2 60 39-6 100 66. 5 .3-3^ 13 8.58 25 16.S 65 42.9 6 3.96 14 9.24 30 19.8 70 46.-. 7 4.62 t5 9.9 35 23.1 75 8 S.28 16 10.56 40 26.4 80 52.8 .... The following Table of the annual Westerly variation of the magnetic needle at New York City is taken from an article by Charles A. Schott, United States Coast Survey, published in the American Journal of Science for i860. Table of Magnetic Variations Expressed in Degrees and Decimals of a Degree. Year. Degrees. Year. Degrees. Year. Degrees. 5-2 4-7 4.4 4.2 1 Year. Degrees. Year. Degrees. 1680 1690 1700 1710 8.8 1720 1730 1740 1750 7.6 1760 1790 1800 1810 1820 t830 4.2 4-3 4-7 5.16 1840 6.37 7.01 Schott's formula by which the above Table was computed is as follows : D = + 6.47 — 2.32 Cosine (1.6 n + 55). D indicates the west declina- tion and w the number of years (and fractions of a year) from 1830 Positive for years alter, and negative for years before 1830. For further information and data of actual observations see Silliman's Journal of Science, etc., for the years 1838, 1840, 1842, i860 and 1866. United States Coast Survey Reports for 1855 and subsequent years, and Gillespie's Surveying, page 205. 9/ LIBRARY OF CONGRESS III III III 111 III I !l if 014 222 850 6 OJ