■'/fpt Cornell University Library Z 733.N6N505 1905 Book of charters, wills, deeds and other 3 1924 009 846 027 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924009846027 %f)t jEeto iork ^uliltc ' ililjrat? 9istor. Heitojc anti Ciltien jFountjations BOOK OF CHARTERS WILLS, DEEDS AND OTHER OFFICIAL DOCUMENTS Cjje JletD fork ^^utjlic ilttjrar^ 9l0tor> 3Ceno;: antj Ciltien jFountiatiottS BOOK OF CHARTERS WILLS, DEEDS AND OTHER OFFICIAL DOCUMENTS PART FIRST COMPILED AND ARRANGED BY GEORGE LOCKHART RIVES, Secretary of the Board of Trustees. OCTOBER 14, 1895. PART SECOND COMPILED AND ARRANGED BY CHARLES ROWLAND RUSSELL, Secretary of the Board of Trustees. FEBRUARY I, 1905. New York Printed for the Trustees 1905. Part First of this book (pages i to 122) is a republication of a compilation, dated October 14, 1895, of important documents relating to the three corporations which, earlier in that year, had been consolidated into The New York Public Library, Astor, Lenox and Tilden Foundations, and to their consolidation. Part Second (pages 123 to 371) is a compilation of important documents, of date subsequent to October 14, 1895, relating to The New York Public Library, Astor, Lenox and Tilden Founda- tions, and to the various corporations which have been consoli- dated with it or have transferred their property to it, and to the Gift of Andrew Carnegie. This book has been prepared by direction of the Board of Trustees. New York, February i, 1905. ©able of to the said party of the third part their successors and assigns forever. !3lnir the said Jean Nottbeck one of the parties of the first part in consideration of the premises doth hereby consent to and unite in this conveyance and doth hereby remise and release to the parties of the third part, all right title and interest in and to the above described premises. In toitttCBS «)l)ereo{ the parties hereto of the first part have hereto set their hands and seals by their Attorney aforesaid and DEED BY CECILIA NOTTBECK. 23 the party of the second part as such executor has hereto set his hand and seal for the purpose above recited the day and year above mentioned. Cecilia Nottbeck, and (seal) Jean Nottbeck (seal) by Joshua Coit, Att'y. Daniel Lord, Ex'or. (seal) VI. DEED BY LOUISA KANE AND HUSBAND OF PREMISES ON THE EASTERLY SIDE OF LAFAYETTE PLACE. Dated, 7 August, 1855. Recorded, 18 September, 1855. Liber 686 of Conveyances, page 619. i;i)iB Sntrenturc made the seventh day of August, one thou- sand eight hundred and fifty-five, BettDCeit Louisa Kane and Delancey Kane her husband of Newport in the State of Rhode Island, parties of the first part William B. Astor, John Jacob Astor Junior, Daniel Lord, Washington Irving and James Gallatin surviving Executors of the last Will and Testament of John Jacob Astor late of the City of New York Deceased, and trustees of the said Louisa Kane, under the provisions of the said Will and Codicils thereto, parties of the second part Daniel Lord one of. the executors of the said John Jacob Astor of the third part and " The Trustees of the Astor Library " an Incorporation under the laws of the State of New York, parties of the fourth part roitltCBSetl), That mifneas the said John Jacob Astor, in and by his said last Will and Testa- ment and by certain Codicils thereto annexed, executed and published in due form of law to pass real estate and duly ad- mitted to probate by the Surrogate of the City and County of New York, did devise to the above named Louisa Kane, then Louisa Langdon, together with Eliza A. Langdon Cecilia Langdon, John Jacob Astor Langdon, Walter Langdon, and Woodbury Langdon and Eugene Langdon, children of his 24 DEED BY LOUISA KANE. 35 daughter Mrs. Dorothea Langdon or to such of them as should survive him, certain real estate including the premises hereinafter described So §at)e anb @Co ^olb to the said devisees in equal shares for their lives respectively with remainder over. And the said Testator in and by his said Will and Codicils further provided that any person who should take an estate for life under the said Will might, with the assent of one of his executors uniting in the Deed to manifest the same sell and convey the same in fee simple to the extent of one half in value of the lands devised to such life-tenant in order to raise money for the im- provement of the residue for which application of the money so to be raised such Executor should make provision before giving such assent and his uniting in the Deed should make the same an effectual conveyance to the parties accepting the same, who should thereby be freed from seeing to the application of the purchase money. i^nb tnljereas the said John Jacob Astor in and by the Sixth Codicil to his said Will, gave to the other Children of Mrs. Dorothea Langdon above named one half of the shares estate and interest in the lands which by the said Will and Codicils thereto, had been given as aforesaid to the said Louisa Lang- don including the land hereinafter described and did in and by the said Codicil give to his executors the parties hereto of the first part, the other half of the said lands, in trust, to receive the rents, issues and profits thereof, for the life of the said Louisa, and to apply the same for her use, clear of any control debts or rights of her husband thereto with remainder over, and did further in and by the said Codicil authorize his daughter the said Dorothea Langdon to appoint and give to the said Louisa any part not exceeding in value, one half of the real and personal estate by the said Codicil taken from said Louisa and given to others. 2lnb whereas in a certain suit pending in the Court of Appeals of the State of New York wherein the said Louisa Kane by Alexander W. Bradford her next friend was com- plainant and appellant and William B. Astor, John Jacob Astor, Junior, Washington Irving, James Gallatin, Daniel Lord, and James G. King (since deceased) executors of the last Will and Testament of the said John Jacob Astor Dorothea A. Langdon, Robert Boreel and Sarah his wife, Walter Langdon, Wood- 26 ASTOR LIBRARY. bury Langdon, Eugene Langdon, Jean Nottbeck and Cecilia his wife, Delancey Kane, and Walter Kane, Delancey Kane Jr. and Nicholson Kane, infant children of the said Louisa Kane, were defendants and respondents it was by the Judgment of the said Court of Appeals adjudged and determined that the powers of leasing and of sale and of other powers, clauses and limitations which by the said Will or any codicil thereto were applicable to the real or personal estate given to the said Louisa Kane or her issue by the said Will or Codicils prior to the said sixth Codicil are and continue applicable to the same notwithstanding the changes of interest operated by the said sixth Codicil, and the said power of appointment and the said instrument in execution thereof or by any of them, ^nb whereas the said John Jacob Astor Langdon, departed this life before the death of the said testator and the surviving devisees above named together with the said trustees of the said Louisa Kane have procured partition of the said premises among them- selves to be made pursuant to the provisions of the said Will and upon such partition the premises hereinafter described have been set apart to the parties hereto of the second part in trust for the said Louisa Kane, in severalty during her life pursuant to the provisions of the said Will and Codicil atlb whereas such of the lands so devised to the said Louisa Kane for life as have been sold for the improvement of the residue under and by virtue of the aforesaid power including the hereinafter described premises, do not exceed one half in value of the lands so devised to her. Nou) tijerefore tl)is Jnbcntttre roitnesscti) that the said parties of the first and second parts under and by virtue of the power in the said Will contained and above recited, and with the assent of the said party of the third part, executor as aforesaid mani- fested by his uniting herein for that purpose and for and in consideration of the sum of Four hundred and seventy- six dollars lawful money of the United States of America, paid to the parties of the second part the receipt whereof is hereby acknowledged, have bargained sold and conveyed, and do hereby bargain sell and convey to the said parties of the fourth part, their successors and assigns %\\ that cer- tain piece, parcel or lot of ground situate lying and being DEED BY LOUISA KANE. 27 in the Fifteenth Ward of the City of New York, bounded as follows beginning at a point on the Easterly side of LaFayette Place distant two hundred and forty feet and one inch Southerly from the Southeasterly corner of Astor Place and Lafayette Place on the Northerly line of the lot designated as number " lo" on a map of lands belonging to the children of Mrs. D. Langdon made by Gardiner A. Sage, City Surveyor April one thousand eight hundred and fifty four, and filed in the office of the Register of the City and County of New York, thence running Easterly along the said Northerly line of the said lot number " 10 " one hundred and twenty feet, thence Northerly and parallel with Lafayette Place one foot and three inches, thence Westerly and parallel with the said Northerly line of lot number " lo" one hundred and twenty feet to Lafayette Place; thence Southerly along Lafayette Place one foot and three inches to the place of beginning being a part of lot number "9" on the map afore- said; Together with all and singular the tenements and heredita- ments thereto belonging and the reversion and reversions rents issues and profits thereof To Have and To Hold to the said parties of the fourth part their successors and assigns forever, <3tnb the said Delancey Kane one of the parties of the first part in consideration of the premises and of one dollar received by him doth hereby consent to and unite in this conveyance and doth hereby remise and release to the said parties of the fourth part, all his right title and interest in and to the above described premises. 3n roitnCBS roljereof the parties hereto of the first and second parts have hereto set their hands and seals and the party of the third part as such executor has hereto set his hand and seal for the purpose above recited on the day and year above men- tioned. Louisa D Kane (seal) Delancey Kane (seal) Wm B Astor (seal) Washington Irving (seal) Jas Gallatin (seal) Daniel Lord (seal) J. J. Astor Jr (seal) Dan. Lord, Ex'or etc (seal) VII. DEED BY LOUISA KANE AND HUSBAND OF PREMISES ON THE EASTERLY SIDE OF LAFAYETTE PLACE. Dated, 7 August, 1855. Recorded 18 September, 1855. Liber 686 of Conveyances, page 615. ®l)ie Inbentltrc made the Seventh day of August one thousand eight hundred and fifty-five between Louisa Kane and Delancey Kane her husband of Newport in the State of Rhode Island parties of the first part Daniel Lord one of the Executors of John Jacob Astor late of the City of New York Deceased party of the second part and "The Trustees of the Astor Library" an incorporation under the law of the State of New York, parties of the third part. iUitnessetll That H)l}er£a6 the said John Jacob Astor in and by his last will and Testament, and by certain Codicils thereto annexed, executed and published in due form of law to pass real estate, and duly admitted to probate by the Surrogate of the City and County of New York, did devise to the above named Louisa Kane, then Louisa Langdon, together with Eliza A. Langdon Cecilia Langdon, John Jacob Astor Langdon Walter Langdon, Woodbury Langdon and Eugene Langdon, children of his daughter Mrs. Dorothea Langdon or to such of them as should survive him, certain real estate including the premises 28 DEED BY LOUISA KANE. 39 hereinafter described. So ^OBC attb ®0 i^olb to the said devi- sees in equal shares for their lives respectively with remainder over And the said Testator in and by his said Will and Codicils, further provided that any person who should take an estate for life under the said Will might, with the assent of one of his executors uniting in the Deed to manifest the same sell and con- vey in fee simple, to the extent of one half in value of the lands devised to such life tenant in order to raise money for the improvement of the residue for which application of the money so to be raised such Executor should make provision before giving such assent, and his uniting in the Deed should make the same an effectual conveyance to the parties accepting the same, who should thereby be freed from seeing to the application of the purchase money atxb whereas the said John Jacob Astor in and by the sixth Codicil to his said Will, gave to the other chil- dren of Mrs. Dorothea Langdon above named one half of the shares estates and interest in the lands which by the said Will and the Codicils thereto, had been given as aforesaid to the said Louisa Langdon including the land hereinafter described and did in and by the said Codicil give to his executors, the parties hereto of the first part, the other half of the said lands, in trust, to receive the rents, issues and profits thereof for the life of the said Louisa, and to apply the same for her use clear of any control, debts or rights of her husband thereto with remain- der over, and did further in and by the said Codicil authorize his daughter the said Dorothea Langdon to appoint and give to the said Louisa, any part not exceeding in value one half of the real and personal estate by the said Codicil taken from said Louisa and given to others. !^nb whereas the said Dorothea Langdon after the death of the said John Jacob Astor did by an instrument in writing under the power conferred on her by the said Codicil appoint and give to the said Louisa one half of the real estate which by the said Codicil was taken from said Louisa and given to others !^ni> whereas in a certain suit pending in the Court of Appeals of the State of New York wherein the said Louisa Kane by Alexander W. Bradford her next friend was complainant and appellant and William B. Astor, John Jacob Astor, Junior, Washington Irving James Gallatin Daniel Lord, and James G. King (since deceased) Executors of the last Will 30 ASTOR LIBRARY. and testament of the said John Jacob Astor, Dorothea A. Langdon Robert Boreel and Sarah his wife Matthew Wilks and Eliza his wife Walter Langdon, Woodbury Langdon Eugene Langdon, Jean Nottbeck and Cecilia his wife Delancey Kane Junior and Nicholson Kane infant children of the said Louisa Kane now defendants and respondents it was by the Judgment of the said Court of Appeals adjudged and deter- mined that the powers of leasing, and of sale, and of other powers clauses and limitations which by the said Will or any Codicil thereto were applicable to the real or personal estate given to the said Louisa Kane or her issues by the said Will and Codicil prior to the said Sixth Codicil, are and continue applicable to the same notwithstanding the changes of interest operated by the said sixth Codicil, and the said power of appointment and the said instrument in execution thereof, or by any of them. !^n& whereas the said John Jacob Astor Langdon departed this life before the death of the said testator and the surviving devisees above named together with the said trustees of the said Louisa Kane have procured partition of the said premises among themselves to be made pursuant to the provisions of the said Will, and upon such partition, the prem- ises hereinafter described have been set apart to the said Louisa Kane in severalty, and the said Louisa Kane is thereby and by virtue of the said Will and Codicils entitled to an estate as ten- ant for life in severalty therein, anb whereas such of the lands so devised to the said Louisa Kane for life as have been sold for the improvement of the residue under and by virtue of the aforesaid power, including the hereinafter described premises, do not exceed one half in value of the lands so devised to her aniJ whereas the said Louisa Kane has under and by virtue of the above recited power and with the assent of the said party of the second part, executor as aforesaid manifested by his unit- ing in this deed for that purpose bargained and agreed to sell and convey the premises hereinafter described to the party of the third part in order to raise money for the improve- ment of the residue of the lands so devised to her and the said party of the second part as such executor has before giving his consent thereto made provision for the application of the money so to be raised upon such sale for the improvement DEED BY LOUISA KANE. 31 of such residue of the lands so devised to her NoU) tl)erefore ll)is Jlt&entnrc toitnessetl), that the said Louisa Kane, party of the first part under and by virtue of the power in the said Will con- tained, and above recited and with the assent of the said party of the second part executor as aforesaid manifested by his uniting herein for that purpose and for and in consideration of the sum of Ten thousand dollars lawful money of the United States of America, the receipt whereof is hereby acknowledged, hath bargained, granted sold and conveyed and hereby doth bargain grant sell and convey to the said parties of the third part their successors and assigns '^W that certain piece parcel or lot of ground situate lying and being in the fifteenth Ward of the City of New York bounded as follows Beginning at a point on the Easterly side of Lafayette Place distant two hun- dred and sixty-six feet and four inches Southerly from the South- easterly corner of Astor Place and Lafayette Place on the North- erly line of the lot of ground designated as number " ii " on a map of lands belonging to the children of Mrs. D. Langdon, made by Gardiner A. Sage City Surveyor April one thousand eight hundred and fifty-four and filed in the Office of the Register of the City and County of New York thence running Easterly along the line of said lot number " ii " one hundred and twenty feet thence Northerly and parallel with Lafayette Place twenty- six feet and three inches to the Southerly line of lot number " 9 " on the said map, thence Westerly along the Southerly line of said lot number " 9 " one hundred and twenty feet to Lafayette place thence Southerly along Lafayette Place twenty-six feet and three inches to the place of beginning; being a part of lot number " 10 " on the map aforesaid 9[ogctt)et with all and singular the tenements hereditaments and appurtenances there- unto belonging and the reversion and reversions rents issues and profits thereof To have and to hold to the said parties of the third part their successors and assigns forever anil the said Delancey Kane one of the parties of the first part in considera- tion of the premises doth hereby consent to, and unite in this conveyance and doth hereby remise and release to the parties of the third part all right title and interest in and to the above de- scribed premises. 3n KiitncSB whereof the said parties of the first part have hereto set their hands and seals, and the party of 32 ASTOR LIBRARY. the second part, as such executor has hereto set his hand and seal for the purpose above recited the day and year above mentioned. Louisa D. Kane (seal) Delancey Kane (seal) Daniel Lord, Ex'or, etc. (seal) VIII. EXTRACT FROM THE REPORT OF THE TRUSTEES OF THE ASTOR LIBRARY TO THE LEGISLA- TURE OF THE STATE OF NEW YORK FOR THE YEAR 1857. Dated 27 January, 1858. In former communications to the Legislature, accompanied by the reports of the superintendent, the trustees deemed it their duty, to express their convictions, that not only the con- venience of the public, but the preservation and safety of the library absolutely demanded, that the books should not be lent out or taken from the library building, under any circumstances. Several years of practical experience in the management of the institution have fully confirmed them in this opinion. In a library of reference, intended for students, properly economical of time, and often coming from a distance for consultation, the necessity for every book required being always ready for exam- ination without delay, must be apparent. The trustees have therefore deemed it proper and necessary, to prevent any further agitation of the subject by entering on their records a stipula- tion expressing those views in such a form as to furnish a pledge, not only to the public, but to every friend of learning, who may hereafter feel disposed to aid the library by donations or endow- ments. 33 34 AS TOR LIBRARY. A reference to their minutes will show, that at their meeting on the 29th of July, 1857: " Mr. Aster stated, that the donations by him made, and some intended to be hereafter made, were on the understanding, that it was the settled and unchangeable basis of administering the library, that its contents should remain in the library rooms, for use by readers there, and should not be lent out or allowed to be taken from the rooms ; and he requested, that the views of the board be freely and fully expressed. " It was thereupon ' ' Resolved, That the settled and unchangeable plan of ad- ministering the library is the one above expressed and un- derstood by Mr. Astor; and that the donations in money, land and otherwise, received from Mr. Astor, and to be hereafter received from him, and from other friends of learning, are received and will be administered according to such plan, and not otherwise." IX. EXTRACTS FROM THE WILL AND CODICILS OF WILLIAM BACKHOUSE ASTOR. Will dated, 17 June, 1856. Codicil I. dated, 25 April, 1862. Codicil II. dated, 22 December, 1862. Codicil III. dated, 26 January, 1865. Codicil IV. dated, 30 January, 1865. Codicil V. dated, 28 December, 1866. Codicil VI. dated, i February, 1868. Codicil VII. dated, 19 December, 1868. Codicil VIII. dated, 28 May, 1869. Codicil IX. dated, 2 June, 1871. Admitted to Probate in New York, 29 November, 1875. Recorded Liber 237 of Wills, page 9. WILL. ®eittl). With the intent of furthering the purpose of my father in the establishment of a Public Library, which Library is now incorporated by the name of The Trustees of the Astor Library, I had determined to add to its endowment two hundred and fifty thousand dollars; and I have in pursuance of such purpose given to it lands adjacent to present site to the amount of thirty thousand four hundred and seventy-six dollars, and have also at several times heretofore advanced to it for the purchase of books, the improvement of the existing building and otherwise, considerable sums of money, and I contemplate further advances in the erection of an additional building, 35 36 ASTOR LIBRARY. (which I hope to complete in my life), and also in adding to the books forming the Library; Now I do further direct that it be ascertained by my executors what sums of money shall have been advanced by me towards the said Library, (of which entries in my books will give sufficient and authentic notice), without computing interest thereon, and if the amount of such advances including what may have been paid for the land and the new building shall fall short of two hundred and fifty thousand dol- lars, then I direct that the deficiency or balance short of that sum shall be made up to the said Library, first applying the same to complete the building and edifice now contemplated, if it shall not have been completed and paid for at my decease; and I give to the Trustees of the Astor Library such unpaid amount necessary to make up the full sum of two hundred and fifty thousand dollars to be applied to the purposes of that Insti- tution as expressed in the Codicils to my father's Will. CODICIL I. NintI). The balance of the legacy intended by me for The Astor Library in the Tenth Clause of my Will, I declare to be fifty-four thousand dollars ; which, or the balance which shall be unpaid at my decease I direct to be paid in three equal annual instalments commencing the first payment one year from my decease. CODICIL VIII. iTirst. I declare that the amount of balance now remaining unpaid of the bequests made to The Trustees of the Astor Library by the tenth Clause of my said original Will and referred toin the ninth clause of the said Codicil of April 25, 1862, is forty- nine thousand dollars, and in addition thereto I now give and bequeath to the Trustees of the Astor Library the further sum of two hundred thousand dollars payable in United States legal tender paper currency, or its equivalent, according to the direc- WILL OF WILLIAM B. ASTOR. 37 tions of the said Codicil of January 30, 1865,* in three equal successive annual instalments, the first of which shall be payable at the expiration of one year from my death. I will and direct that this sum of two hundred thousand dollars be invested, kept and held by the said The Trustees of the Astor Library as capital or a permanent fund, the income of which shall be applied from time to time to the purchase of books and the maintenance of the Library with liberty however to the said Trustees to expend such portion, not exceeding in all twenty- five thousand dollars of the said capital sum of two hundred thousand dollars, as they shall deem fit, in the purchase of books for the library from time to time. And I will and direct that the investments to be from time to time made by the said The Trustees of the Astor Library of the said capital sum of two hundred thousand dollars, shall be in securities of such character as are now required by law for the investment of their funds. * This fourth codicil referred to is a direction to the Executors and Trustees as to the value and valuation to be by them made of money and property con- templated in the Will "as affected by the currency or standard of value or medium of payment." X. DEED OF GIFT BY JOHN JACOB ASTOR, JUNIOR, OF LOTS ADJOINING THE ASTOR LIBRARY SITE. Dated, 5 December, 1879. Recorded, ii December, 1879. Liber 1529 of Conveyances, page i. ®l)i6 Jnbentnre made the fifth day of December in the year of our Lord, one thousand eight hundred and seventy-nine JB^ttDCen John Jacob Astor of the City of New York and Charlotte Augusta his wife of the first part, and The Trustees of the Astor Library, a corporation created and existing under and by vir- tue of the laws of the State of New York of the second part: toitncssetl), That the said parties of the first part, for and in consideration of the sum of one dollar, lawful money of the United States of America, to them in hand paid by the said party of the second part at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, remised, released, con- veyed and confirmed, and by these presents do grant, bargain, sell, alien, remise, release, convey and confirm, unto the said party of the second part, and to its successors and assigns, for- ever, !^U those three certain lots pieces or parcels of land situate in the City of New York, which taken together are bounded and described as follows: that is to say: Beginning at a point on the Easterly side of La Fayette Place distant one hundred and sixty-one feet and four inches Southerly from the Southerly side of Astor Place, and running thence 38 DEED B Y JOHN J A COB A S TO A', J UNIOR. 39 Easterly at right angles to La Fayette Place one hundred feet, thence Southerly and parallel with La Fayette Place fifty-two feet and six inches, thence Easterly at right angles to La Fayette Place twenty feet, thence Southerly and parallel with La Fayette Place twenty-five feet, thence Westerly at right angles to La Fayette Place one hundred and twenty feet to the Easterly side of La Fayette Place, and thence Northerly along the said East- erly side of La Fayette Place seventy-seven feet and six inches to the place of beginning, being the same premises which were conveyed to the said John J. Astor by deed bearing date on the twenty-second day of April, eighteen hundred and seventy nine made by Philip Kissam. SCogetljcr with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. ^nb also all the estate, right, title and interest, dower and right of dower, property, possession, claim and demand what- soever as well in law as in equity, of the said party of the first part, of, in or to the above described premises, and every part or parcel thereof, with the appurtenances. ^0 ^auc an& CIo %o\h all and singular the above mentioned and described premises, together with the appurtenances, unto the said party of the sec- ond part, its successors or assigns, forever. Sn ttjitness roljercof the parties aforesaid have hereunto set their hands and seals the day and year first above written. J. J. AsTOR (seal) C. A. AsTOR (seal) XI. DEED OF GIFT BY JOHN JACOB ASTOR, JUNIOR, OF No. 34 LAFAYETTE PLACE, NEW YORK CITY. Dated, io May, i888. Recorded in New York Register's Office, io May, i8 Liber 2131 of Conveyances, page 195. Sljis irnbenture, made the tenth day of May, in the year one thousand eight hundred and eighty-eight, JBctmeen John Jacob Astor of the City of New York, party of the first part, and The Trustees of the Astor Library, a corporation located in the same city, parties of the second part, tUitttesaetlji That the said party of the first part, for and in consideration of the sum of one dol- lar, lawful money of the United States of America, to him in hand paid by the said parties of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey and con- firm, unto the said parties of the second part, and to their suc- cessors and assigns, forever, ^^.U that certain lot, piece or parcel of land with the buildings thereon, situate, lying and being in the Fifteenth Ward of the City of New York, County and State of New York, known by the Street Number Thirty- Four (34), Lafayette Place, being more particularly bounded and described as follows, that is to say: Beginning at a point on the Easterly side of Lafayette Place, at the South- 40 DEED OF 34 LA FA YETTE PLACE. 41 westerly corner of the land now owned by the parties of the second part, such point of beginning being distant Three hundred and eighty-four feet two inches and three quarters of an inch or thereabouts Southwesterly from the corner formed by the Southerly side of Astor Place and the said East- erly side of Lafayette Place, and running thence Southwesterly along said Easterly line of Lafayette Place, Twenty-six feet four inches and one quarter of an inch to the exterior line of the north- erly wall of the house formerly the dwelling house occupied by William B. Astor, now deceased, standing upon the premises Known as Number Thirty- two (32) Lafayette Place, and now the property of the said party of the first part, thence Easterly along the outer line or side of the said northerly wall of said house, and of a frame addition to said house, so as not to include any part of said wall, or of said addition. Seventy-six feet eleven inches and one quarter of an inch to the Northeasterly corner of said frame addition, thence Northwardly on a jog along the outer end of the Brick wall of the yard of the premises Number Thirty-two (32) Lafayette Place to the Northwesterly corner of that yard wall, thence Eastwardly along the outer and Northerly line of said wall of the yard of said premises Number Thirty-two (32) Lafayette Place, Thirty-three feet and four and a quarter inches or thereabouts to the Westerly line of the stable standing on the rear portion of the premises hereby conveyed, thence South- wardly twelve inches or thereabouts along the West wall of said stable, to the Southwesterly corner of said stable, thence East- erly along the outer line of the Southerly wall of said stable to the Southerly corner of said stable, thence Eastwardly in a straight line in continuation of the said outer line of said South- erly wall of said stable, Nine feet and nine and a half inches or thereabouts to a point being the Northeasterly corner of the yard of the said premises Number Thirty-two (32) Lafayette Place, as the same are now in possession and being also the South-easterly corner of the rear yard of the premises hereby conveyed the said point being distant in a straight line One hun- dred and fifty-five feet, two inches and one half an inch East- wardly from said Easterly line of Lafayette Place, thence North- erly in a diagonal line along the rear line of the said rear yard of the premises hereby conveyed as now in possession Twenty-seven 42 A STOR LIBRAE Y. feet one inch and three-quarters of an inch to the Northeasterly corner of the said rear yard, the same being a point distant in a straight line One hundred and fifty feet seven inches East- wardly from said line of Lafayette Place and the said rear yard of the premises hereby conveyed, being an open space in the rear of the stable on said premises, about nine feet and a half of an inch in depth on its Southerly side, and about five feet one and a half inches in depth on its Northerly side, and from thence Westwardly along the Northerly line of the rear yard of the premises hereby conveyed, and thence along the Northerly side wall of the stable upon the premises hereby conveyed on the outer side of said wall until the said line meets the Southerly line of the premises now belonging to the said parties of the second part, and thence Westwardly along the said Southerly line of said premises now belonging to the parties of the second part, to the point or place of beginning, be the said several dimensions and distances respectively more or less. Sogetljer with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise apper- taining, and the reversion and reversions, remainder and re- mainders, rents, issues and profits thereof. !^nb also, all the estate, right, title, and interest, property, possession, claim or demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances, (Jo i^atJe anb ilo i|oIb all and singular the above mentioned and described premises, together with the appurtenances, unto the said parties of the second part, their successors and assigns, forever. J. J. AsTOR (seal) XII. EXTRACTS FROM THE WILL OF JOHN JACOB ASTOR, JUNIOR. Will dated, 6 January, 1888. Admitted to probate in New York, z6 February, i8go. Recorded Liber 429 of Wills, page 287. ®l)ir&. I give to the Corporation known as The Trustees of the Astor Library, from my personal estate the sum of four hun- dred thousand dollars to be paid at the expiration of two years from my death, and to be invested and kept invested by said corporation in any stocks or securities, or property of any other description whatsoever either real or personal, in the discretion of the Trustees of the said Corporation styled The Trustees of the said Astor Library. ^n& I will and direct that the net in- come of the said fund of four hundred thousand dollars, from time to time be applied to and be expended in the purchase of books to be added to the Library, and not to be used for the payment of or for the increase of salaries of officers or employees, nor for the purchase of furniture, or other current expenses, nor for any other purpose than the purchase of, or binding of books <3lni> I will and declare that the special declarations above con- tained in this third article in relation to the investment of said bequest as a permanent fund and the application of the income thereof as aforesaid are not to be so construed as to create any trust not legally permissible, nor so as to impair the legal owner- 48 44 AStOR LIBRARY. ship and control of the fund and its income and proceeds by the corporation, as fully as may be legally necessary to the validity of the bequest to it of the sum aforesaid. iTottrtl). I give and bequeath to the said Corporation known as The Trustees of the Astor Library the further sum of fifty thousand dollars ; and I request that this sum be, by said Cor- poration, invested and kept invested as a permanent fund and that the net income thereof be applied to paying the Trustees of said Corporation from time to time fees or allowances for attending the meetings of such Trustees, at the rate of ten dollars to each attending Trustee at each meeting, and that, if and as there may be an accumulation of such fund after making such payments so as to permit the raising of the rate of such regular fees or allowances, and the payment thereof out of the net in- come of such fund without trenching upon the capital, the rate of such regular fees or allowances may be raised from time to time by resolution of the Board of Directors to such extent as they in their discretion may deem fit, and as the net income of the fund without trenching upon the capital may suffice to pay. ^nir I will and declare that the special declarations above contained are not to be so construed as to create any trust not legally permissible, nor so as to impair the legal ownership and control of the fund and its income and proceeds by the corpo- ration as fully as is legally necessary to the validity of the bequest to it of the sum aforesaid. XIII. EXTRACTS FROM THE WILL AND CODICILS OF WILLIAM ASTOR. Will dated, 12 January, 1882. Codicil I. dated, 2 November, 1882. Codicil II. dated, 13 December, 1884. Codicil III. dated, 15 March, 1886. Codicil IV. dated, 6 June, 1888. Codicil V. dated, 27 June, 1890. Codicil VI. dated, 12 November, 1891. Admitted to Probate in New York, 26 July 1892. Recorded Liber 473 of Wills, page 207. ARTICLE NINTH. 3Um 3. I give to the Trustees of the Astor Library to be held as an endowment fund the sum of Fifty thousand Dollars, the income to be applied for the corporate uses of said Society. ARTICLE FIFTEENTH. It is my wrill and intention that neither my brother Henry Astor or his issue shall as heirs at law or next of kin receive any portion of my estate and any such portion to which he or they would in any contingency be entitled to I give to the Trustees of the Astor Library for the corporate purposes of the said Insti- tution. 45 Bocumente IRelating to ^be trustees of tbe Xenoy Xlbrari?. XIV. ACT OF INCORPORATION AS AMENDED. An Act to Incorporate The Trustees of the Lenox Library.* Passed, 20 January, 1870; Laws of 1870, Chapter 2. Amended, 19 March, 1892; Laws of 1892, Chapter 166. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Bettion i. James Lenox, William H. Aspinwall, Hamilton Fish, Robert Ray, Alexander Van Rensselaer, Daniel Hunting- ton, John Fisher Sheafe, James Donaldson, and Aaron B. Belknap, and their successors, are hereby created and declared to be a body corporate by the name and style of "The Trustees of the Lenox Library ", by which name they and their succes- sors may sue and be sued, plead and be impleaded, contract and be contracted with, and be known in all courts and places whatever ; and may also have a common seal, and alter the same at pleasure. Qection ii. The direction and management of the affairs of the said Corporation, and the control and disposal of its property and funds shall be vested in the said trustees and their successors. The number of such trustees shall be nine, iut the trustees may, by a two-thirds vote of those present at any * The Amended portions of the Act are here printed in ItaUc Type. 49 50 LENOX LIBRARY. regular meeting, increase the same to a number not exceeding twenty- four. The said Trustees are hereby empowered : 1. To receive from the said James Lenox, his collection of manuscripts, printed books, engravings, and maps, statuary, paintings, drawings, and other works of art; also, the sum of Three hundred thousand Dollars, to be used for the establish- ment of a public library in the City of New York, and such real estate as he may convey for a site for the same in the Nineteenth ward of the said city in the vicinity of Central Park; which site, with its appurtenances, the said Corporation is hereby em- powered to take and hold in fee simple for the purposes of the said library, and to be applied and used in connection with the same, and for no other purpose. 2. To expend a portion not exceeding two-thirds of such sum above referred to, in erecting upon the said site a building suit- able for a public library, and in the purchase of furniture and other things appertaining to a library for general use. 3. To invest the residue of said sum for maintaining and gradually increasing the said library ; and to defray the neces- sary expenses of taking care of the same, and of the accommo- dation of persons consulting the library ; and in case the income of the fund shall, at any time, exceed the amount which the said Trustees may find useful to expend for the purposes above named and particularized, then to expend such surplus in pro- curing public lectures to be delivered in connection with the library upon useful subjects of Science, History, Literature and the Fine Arts; or in promoting in any other mode the objects of the institution as above expressed ; or, if it become necessary, in increasing the capacity of the building. 4. To direct the expenditure of the funds, and the investment, safe-keeping and management thereof, and of the property and effects of the said corporation; also to make such ordinances and regulations, from time to time, as the trustees may think proper for the good order and convenience of those who may resort to the library, or use the same ; to make such By-Laws as may be necessary and convenient in conducting the business of the said corporation ; to appoint, direct, control, and at their pleasure remove a superintendent of the library and all librarians and other persons necessary to be employed about the same; A CT OF INCORPORA TION. 51 and in general, to have and use all powers and authority neces- sary for promoting the objects of the institution. 0ection iii. The library shall be accessible at all reasonable hours during the day, for general use, free of expense to per- sons resorting thereto, subject only to such control and regula- tions as the said trustees, from time to time, may exercise and establish for general convenience. Section it). All investments of the funds of the said corpora- tion shall be made in bonds secured by mortgage of productive real estate in the cities of New York and Brooklyn, or in the public debt of the United States, or of the State of New York, or of the cities of New York or Brooklyn, or portions thereof in any of these ways; except that, in the investment in said public debts, preference shall be given according to the order in which they are hereinabove named. Settiott t). The said corporation shall be subject to the visita- tion of the Supreme Court of this State for the purpose of pre- venting any mismanagement, waste or breach of trust. Section ci. At the first regular meeting held after the passage of this act * the trustees shall fix the time for an annual election of trustees. They shall also, by lot or otherwise, divide themselves into three equal classes ; the trustees who shall be in the first class shall serve until, their terms of office shall cease and determine at the first annual elec- tion appointed to be held thereafter; those in the second class shall serve for one year longer, and those in the third class for two years longer, when their terms of office shall also cease and determine. At each annual election one-third of the full number of trustees shall be elected to serve for three years. At the same time the trustees shall elect one of their number to preside over the Board, who shall hold office for one year. Any vacancy in the number of trustees occurring from any cause may be filled at any time by a vote of two-thirds of the remaining trustees. The trustees may appoint and at any time remove a secretary and any other officers whom their business may require. The acts of a majority of the trustees at any meeting duly notified according to the By-Laws shall be valid. The trustees shall not receive any compensation for their services except that if * The amendatory act, passed 19 March, 1892. 52 LENOX LIBRAR V. any one of their number shall at any time be superintendent he may receive compensation as such. Section uii. The said corporation may take and hold any additional donations, grants, devises or bequests, subject to all the provisions of the law relating to devises or bequests by last will and testament, which may be made in further support of the said library and its collections, or of the lectures on literary and scientific objects connected therewith. 0(Ctiott Dili. The property, real and personal, of the said corporation, shall be exempt from taxation in the same manner as that of the other incorporated public libraries of this state. And it shall be the duty of the said trustees to effect such insur- ance as can be obtained upon the said buildings and library, and other property against loss by fire, or otherwise, and pay the expense thereof out of the fund mentioned in the third subdivision of section second of this act. Section i%. The said trustees shall, in the month of January, in each year, make a report to the legislature for the year ending on the thirty-first day of December preceding, of the condition of the said library, of the funds and other property of the corpo- ration, of its receipts and expenditures during such year. Section X. This corporation shall possess the general powers and be subject to the provisions, restrictions and liabilities con- tained in the third title of the eighteenth chapter of the first part of the revised statutes. Sectiotl %\. This act shall take effect immediately. XV. DEED BY JAMES LENOX OF THE LENOX LIBRARY SITE. Dated, 17 March, 1870.* Recorded 10 August, 1870. Liber 1154 of Conveyances, page 230. ®l)is f nbenturc, made the seventeenth day of March, in the year of Our Lord One thousand eight hundred and seventy, bettoccn James Lenox, of the City of New York, Gentleman, of the first part, and The Trustees of the Lenox Library, of the second part. tatnessetl) : That the party of the first part for and in consid- eration of the sum of ten dollars, lawful money of the United States of America to him in hand paid by the said parties of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said parties of the second part, their successors for ever released and discharged from the same by these presents, ^atl) granted, bargained, sold, aliened, remised, released, conveyed and con- firmed, and by these presents iDotI] grant, bargain, sell, alien, remise, release, convey and confirm unto the said parties of the second part, and to their successors and assigns forever. ^11 those ten certain lots pieces or parcels of land, situate lying and being adjacent to each other on the Easterly side * This Conveyance was formally accepted by the Board of Trustees on April 17th, 1870. 53 54 LENOX LIBRAR Y. of the Fifth Avenue in the Nineteenth Ward of the City of New York, and taken together are bounded as follows : Bcsiltniltg on the Easterly side of the Fifth Avenue, at the corner formed by its intersection with the northerly side of Seventieth Street, and running thence Northwardly along the Easterly side of the Fifth Avenue Two hundred feet and ten inches to the Southerly side of Seventy-first Street. Thence Eastwardly along the Southerly side of Seventy-first Street One hundred and twenty-five feet; thence Southwardly parallel with the Fifth Avenue, Two hundred feet and ten inches, to the Northerly side of Seventieth Street, and thence Westwardly along the same one hundred and twenty-five feet to the place of beginning: fiTogetljer with all and singular the tenements hereditaments and appurtenances thereunto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remain- ders, rents issues and profits thereof, ^nb aleo all the estate, right, title, interest, property, possession, claim and demand whatsoever as well in law as in equity of the said party of the first part, of in and to the same, and every part and parcel thereof with the appurtenances. SCo l)ttt)e ttttb to l)oll», the above granted bargained, and de- scribed premises, with the appurtenances unto the said parties of the second part, their successors and assigns to their own proper use, benefit and behoof for ever. !3lnb the said James Lenox for himself his heirs executors and administrators, doth covenant, grant and agree to and with the said parties of the second part their successors and assigns that the said James Lenox at the time of the ensealing and delivery of these presents is lawfully seized in his own right of a good, absolute and indefeasible estate of inheritance in fee simple of and in all and singular the above granted, bargained, and de- scribed premises, with the appurtenances, and hath good right, full power, and lawful authority to grant, bargain, sell and con- vey the same in manner and form aforesaid. 2lnb that the said parties of the second part their successors and assigns shall and may at all times hereafter peaceably and quietly have, hold, use, occupy, possess and enjoy the above granted premises, and every part and parcel thereof with the appurtenances, without DEED OF THE LENOX LIBRARY SITE. 55 any let, suit, trouble, molestation, eviction or disturbance of the said party of the first part, his heirs or assigns, or of any other person or persons lawfully claiming or to claim the same. !^nb that the same now are free, clear, discharged, and unencumbered of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments, and encumbrances of what nature or kind soever, f^nb also that the said party of the first part and his heirs, and all and every other person or persons whatsoever lawfully or equitably deriving any estate, right, title or interest of in or to the hereinbefore granted premises, by, from, under, or in trust for him or them, shall and will at any time or times hereafter upon the reasonable request, and at the proper costs and charges in the law of the said parties of the second part, their successors, and assigns make, do and execute, or cause, or procure to be made done, and executed all and every such further and other lawful and reasonable acts, con- veyances, and assurances in the law, for the better and more effectually vesting and confirming the premises hereby intended to be granted, in and to the said parties of the second part, their successors and assigns forever, as by the said parties of the second part, their successors or assigns, or their counsel learned in the law shall be reasonably devised, advised or required, ^nb the said James Lenox for himself and his heirs, the above described and hereby granted and released premises, and every part and parcel thereof with the appurtenances unto the said parties of the second part, their successors and assigns against the said party of the first part, and his heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same shall and will roarrattt and by these presents for- ever ircfenb. !3lnb the said parties of the second part for themselves their successors and assigns do covenant, promise and agree to and with the said party of the first part his heirs and assigns that they will not at any time hereafter erect, make, establish, or carry on or suffer to be erected, made, established, or carried on, in any manner, on any part of the above described and hereby granted premises, any livery stable, railroad depot, slaughter-house, tallow-chandlery, steam engine, smith's shop, forge-furnace, brass foundry, nail, or other iron factory ; or any 56 LENOX LIBRAR Y. manufactury for the making of glass, glue varnish, vitriol, ink or turpentine, or for the tanning dressing preparing or keeping of skins, hides, or leather; or any theatre, opera-house, brewery, distillery; molasses, or sugar refinery, lager beer, or concert saloon ; or any manufactury trade or business whatever which may be in any wise noxious or offensive to the neighboring inhabitants. Jn witness n)l)erccrf, the said party of the first part to these presents hath hereunto set his hand and seal; and the said parties of the second part have caused their common seal to be hereunto affixed, the day and year first above written. James Lenox (seal) (corporate seal) By order of the Trustees of The Lenox Library, Aaron B. Belknap, Secretary. XVI. EXTRACT FROM THE WILL OF FELIX ASTOIN. Will dated, 24 March, 1883. Admitted to Probate in New York, 29 February, if Recorded Liber 326 of Wills, page 6. Qri)irb. I do give and bequeath to "The Trustees of the Lenox Library ", in the City of New York, all and singular my collection and library of printed books, engravings and maps not herein otherwise disposed of, and which are contained in said my house Number 5 West Ninth Street in the City of New York. 57 XVII. EXTRACT FROM THE WILL OF HENRIETTA A. LENOX. Will dated, 29 July, 1881. Codicil I. dated, 14 December, 1883. Codicil II. dated, 27 April, 1885. Codicil III. dated, 19 April, 1886. Admitted to Probate, in New York, 27 April, 1887. Recorded, Liber 379 of Wills, page 424. Sixth- I give and devise to the Lenox Library of the City of New York, all that certain piece or parcel of land, situate, lying and being in the City of New York, and bounded and described as follows, viz : Beginning at a point in the northerly line of Seventieth Street, distant one hundred and twenty-five feet easterly from the corner formed by the intersection of the easterly line of Fifth Avenue with the northerly line of Seventieth Street, run- ning thence easterly along the northerly line of Seventieth Street, two hundred and ninety-five feet to the westerly line of Madison Avenue, thence northerly along the westerly side of Madison Avenue, to the southerly line of Seventy-first Street, thence westerly along the southerly line of Seventy-first Street, two hundred and ninety-five feet, to the northerly boundary line of land now of said Lenox Library, and thence southerly along said boundary line and parallel with Fifth Avenue to the point or place of beginning, ilo l)ot)C Oltb So l)ol5 said property for ever for the uses and purposes of said Library. 58 WILL OF HENRIETTA A. LENOX. 59 But this devise is upon the express condition that no build- ings of any description except an addition to, or extension of the present library building shall at any time be erected, or per- mitted to be erected upon that portion of the above devised prop- erty lying westerly of a line parallel with Madison Avenue and one hundred feet westerly therefrom. I also give and bequeath to the Lenox Library, the sum of one hundred thousand dollars, to be applied to the purchase of books only. XVIII. EXTRACT FROM THE WILL OF JOSEPH W. DREXEL. Will dated, 15 June, 1877. Codicil dated, 2 June, 1887. Admitted to Probate in New York, 12 April, 1888. Recorded Liber 400 of Wills, page 407. iFirst. I give and bequeath to The Trustees of the Lenox Library, in the City of New York, all that portion of my library which consists of works relating to the science of Music, also all musical compositions and treatises or other works on musical subjects. This gift is made upon the express condition that the said Trustees of the Lenox Library shall sign and deliver to my executors hereinafter named, a written acceptance of the said portion of my library, and an agreement to keep the same sepa- rated from all other books or collections of books, and to pre- serve the same in separate shelves or cases to be labeled " Drexel Musical Library." * In case said Trustees of the Lenox Library shall not accept, or if accepting they shall not maintain the said portion of my library in the manner indicated, then I give and bequeath the same, on the same conditions, to the Astor Library, in the City of New York, and should the Astor Library refuse to accept the same, or, having accepted neglect or omit to maintain the same separately from other books, and in the manner hereinbefore specified, then I give and bequeath the said portion of my Library to the Mercantile Library Com- pany of the City of Philadelphia. * On June 7th, 1888, the Board of Trustees formally declared their acceptance of this legacy, on the conditions stated in Mr. Drexel's will. 60 XIX. EXTRACTS FROM THE WILL OF MARGARET WOLFE DUYCKINCK (Widow of Evert A. Duyckinck). Will dated, io June, 1885. Admitted to Probate in New York, g June, 1890. Recorded Liber 435 of Wills, page 285. Second. I give and bequeath to " The Trustees of the Lenox Library", a body corporate in said City of New York, and in- corporated by the Legislature of the State of New York on or about January 20th, 1870, all the printed books, manuscripts, volumes and loose engravings I own, the same being chiefly collected by my late husband. Evert A. Duyckinck, deceased, and bequeathed to me by him, and I also give and bequeath to the said " Trustees of the Lenox Library " the large portrait of my said husband, and that of his brother George L. Duyckinck, now hanging in my parlor. SeoentI). All the rest, residue and remainder of my estate, both real and personal of every nature, kind and description, and wherever situated, I give, devise and bequeath unto my Executors and the survivors and survivor and such of them as shall qualify and act for the time being. In Srnst, nevertheless, for the uses and purposes following that is to say: To invest and keep invested the personal property, or the proceeds thereof, in such securities as I shall leave the same invested, or upon Bond and Mortgage upon real estate worth double the amount loaned, or in stock of the State or City of New York, or in securities which in the opinion of my executors 61 62 LENOX LIBRAR Y. are equally safe, and in case of the sale of any of my real estate as hereinafter provided the proceeds thereof in the same man- ner: to let or lease said real estate or any part thereof during the lifetime of Mrs. Emma Black, for any term or terms not ex- ceeding two years, to sell and dispose of any or all of my real estate, at such time or times as they shall deem beneficial and advantageous to my estate, and to collect and receive the rents, issues, income, dividends and interest of said residuary real and personal estate, and to use and apply the same during the life- time of Emma L. Black (formerly Emma L. Panton as aforesaid) as follows: To pay, deduct and retain so much thereof as shall be re- quired to pay all taxes, assessments and croton water rents, and all amounts necessary for premiums of insurance and keeping my improved property in ordinary repair, and to pay thereout all other necessary expenses in the management of my estate, and to apply the net residue of the income of my said residuary real and personal estate, as follows: To pay Emma L. Black (formerly Emma L. Panton as afore- said) the sum of Two thousand Dollars ($2,000.) per annum in quarter yearly payments, commencing from the day of my death, during her natural life. And for the same period to pay to Mary C. Bowen, wife of Charles B. Bowen of Louisville Kentucky, for her sole and sep- arate use, the sum of Five hundred Dollars ($500), in quarter yearly payments commencing from the day of my death, and to pay to Margaret Tilden, widow of Joshua Tilden, the sum of Five hundred Dollars ($500.) in quarter yearly payments com- mencing from the time of my death; and also to pay to Ann O'Rourke (a domestic in my family for over thirty years) the sum of Three hundred Dollars ($300.) in quarter yearly payments, commencing from the time of my death ; and also to pay to Mary E. Newman, widow of Clement D. Newman, late of the City of Brooklyn, the sum of Five hundred Dollars ($500) for the benefit of the said Mrs. Mary E. Newman, and her family to be paid in quarter yearly payments commencing from the time of my death, and all the rest, residue and remainder of the said net income, which may arise by reason of the death of bene- ficiaries either before me or before the death of the said Emma WILL OF MARGARET WOLFE DUYCKINCK. 63 L. Black, or otherwise, my said Executors and Trustees shall pay to said Emma L. Black, during her life as aforesaid. (ffightl)- At the death of said Emma L. Black, I give, devise and bequeath all my residuary estate, both real and personal, (both that held in trust as hereinbefore directed by my executors and trustees, and any and all that I may in any way be entitled to) to " The Trustees of the Lenox Library " for the benefit and support of the Library and otherobjects for which said corpo- ration was established, upon condition that the said corporation shall promise and agree to and with my executors, to continue to pay to the beneficiaries named in the seventh provision of this my will, who shall be living at the time of the death of said Emma L. Black, the several sums or annuities I have therein directed my executors to pay them, and in the same manner for the time of their natural lives. NilUl). If for any reason the said Trustees of the Lenox Library should so prefer, or my executors and trustees should consider it advisable so to do, for the purpose of carrying out my wishes in respect to said beneficiaries living at the time of the death of said Emma L. Black, I expressly authorize and empower my said executors and trustees on the death of the said Emma L. Black, to appropriate and use so much of my said residuary estate, as may be necessary for the purchase of annu- ities of the amount indicated by the said seventh provision of this my Will for such beneficiaries as may then be living for the term of their natural lives, and in the event of such annuities being so purchased, I give and devise all my residuary estate of every kind and nature to " The Trustees of the Lenox Library " as stated in the Eighth provision of this my Will, free of the condition therein stated. @!enti]. The provisions of this my will for "The Trustees of the Lenox Library "' have been made by me as a memorial of my husband, Evert A. Duyckinck, and his brother George L. Duyckinck, and in accordance with my husband's intentions and instructions to me. I trust the spirit of him whose love for literature prompted the gift, will be remembered in its use, and aid its benefits. XX. EXTRACTS FROM THE WILL AND CODICILS OF MARY STUART (Widow of Robert L. Stuart). Will dated, i8 January, 1887. Codicil I. dated, 15 November, 1887. Codicil II. dated, 23 November, i88g. Codicil III. dated, 26 April, 1890. Admitted to Probate in New York, 5 April, 1892. Recorded Liber 469 of Wills, page ioi. WILL. SCtoentB-fotirtl). I give, devise and bequeath one equal one half part, of all the rest, residue and remainder of my estate, real and personal, to the following named corporations and in- stitutions: The American Bible Society. The Board of Foreign Missions of the Presbyterian Church, in the United States of America, incorporated by an Act of the Legislature of the State of New York. The Board of Home Missions of the Presbyterian Church in the United States of America, incorporated by an Act of the Legislature of the State of New York. The Presbyterian Hospital in the City of New York, situated on Madison Avenue, between 70th and 71st Streets, incorporated by the Legislature of the State of New York. The Lenox Library in the City of New York, situated on Fifth Avenue, between 70th and 71st Streets. The Theological Seminary of the Presbyterian Church, located at Princeton, New Jfersey. 64 WILL OF MARY STUART. 65 The Board of Church Erection Fund of the General Assembly, of the Presbyterian Chi^rch \x\ the United States of America, In- corporated by the Legislature of the State of New York. The one-half of such rest, residue and remainder of my estate, to be equally divided among and between the seven corporations and institutions mentioned in this twenty-fourth clause of my Will, share and share alike. SCtDcntB-Bi^etl). If any of the Corporations and institutions named in this will, shall be unable to take and hold the devise or bequest, of a proportional part of my said residuary estate, as herein provided, or any part thereof, then such legacy or the residue thereof, over and above the amount, which said corpora- tion or institution is permitted by law to take and hold, shall be paid over to, and be divided among the several other corpora- tions and institutions, to whom the rest, residue and remainder of my estate is given, by the Twenty-fourth and Twenty-fifth clauses of this my Will, and to and among such of them as can take and hold the same in the shares and proportions, and according to the amount of the respective and particular legacy or bequest given to such last named corporation or institution, and in augmentation of such legacy or bequest. And if for any cause either of the corporations or institutions named in this my Will, anterior to the Twenty-fourth Clause thereof, and to whom specific sums are bequeathed by me, cannot take said bequests, or said gifts should fail to take effect, then the amount of such bequests so failing shall fall into and form a part of my residuary estate, devised and bequeathed by the Twenty-fourth and Twenty-fifth Clauses of my Will. It being my intention to leave no portion of my estate undisposed of by this my will. CODICIL I. 0«coni». I give and bequeath to The Trustees of the Lenox Library, a corporation located in the City of New York, all and singular the books and manuscripts of every name and nature and upon all subjects now contained in my library, or which may be found in any part of my residence at the time of my decease. Also all works of art, paintings, pictures, etchings, engravings. 66 LENOX LIBRA Ji V. Statuary, bronzes, vases, tapestry, and all other articles of vertu of every name and nature, that may be found in my dwelling at the time of my decease. Also all the minerals, shells and other specimens and objects illustrative of natural history in any of its departments, in my dwelling house at the time of my death, and especially all the objects and things contained within the cases, or resting thereupon, arranged around the walls of the picture gallery in my house, together with the cases themselves. ©O ^OMC atlb Qto ^olb the same to the uses and purposes of the said Lenox Library absolutely and forever subject, nevertheless, to the conditions following. Ist. The said Trustees shall as soon as said books, paintings, pictures, minerals, shells and all other things mentioned in this second clause of this First Codicil to my Will, are delivered to them by my executors, proceed to catalogue, arrange and appro- priately place the same in a separate room or compartment of the Lenox Library Building and the collection so catalogued, arranged and set apart, shall be known as the "Robert L. Stuart Collection " They shall be catalogued separate and dis- tinct from other collections in said Library contained, or in a separate section of any general catalogue of the said Lenox Library, which may be published, and shall be designated in said general or special catalogue as " The Robert L. Stuart Col- lection, the gift of his widow Mrs. Mary Stuart ". Still. Should there be no separate room or compartment in said Lenox Library in which the said books, pictures, minerals and shells and other objects above mentioned can be placed so that they can be viewed by the public to advantage, then the condition of this bequest, is that the said Trustees shall proceed with all convenient speed, but not later than twelve months from the date of my death to erect a wing or extension to their pres- ent building, and which shall be a fire proof structure suitable in every way for the reception and proper exhibition of the said books and pictures and other objects and things above men- tioned. That the said wing or extension shall always be kept in good condition and repair so that the property may be properly preserved, and that the said books, paintings, and other objects and things, shall be maintained therein in the manner provided in the first subdivision of this clause. WILL OF MARY STUART. 67 3&. It is a further condition of this bequest that the said books, paintings, and other things above mentioned, shall be exhibited to the public free of charge ^L^aH reasjcmabjejimes, subject however, to such rules and restrictions asThe Trustees of the Lenox Library may see fit to prescribe for the protection and preservation of the property, and of the rare and valuable books and objects embraced within the things above given. 4tl). It is a condition to this gift and to its efficiency that the books, pictures, and other things above mentioned and hereby bequeathed, shall never be exhibited by the Trustees of the Lenox Library on the Lord's Day. 5tl). It is a further condition to this gift and to its efficiency that "The Trustees of the Lenox Library" shall within ninety days after my decease notify my executors in writing through their proper officers, and under the seal of the Corporation, that they accept this bequest and will comply with the conditions thereof above expressed.* 6tl). A failure of the said Trustees to comply with the condi- tions contained in the Fifth subdivision above, shall work a for- feiture of this bequest, and the said property shall thence and thereafter form a part of my residuary estate and be disposed of thereby. CODICIL III. To provide for the possible contingency of the Trustees of the Lenox Library not being able within ninety days after my decease, to notify my Executors in writing, through their proper officers, under the seal of the Corporation, that they accept the bequest contained in the second clause of the said First Codicil to my Will, and will comply with the conditions thereof, by the reason of the absence of any such officers from this country, or for any other reason, it is my will that such notice may be given at any time within ninety days after probate of my Will, with * On January 8th, 1892, the Board of Trustees formally accepted this gift with the conditions specified in Mrs. Stuart's will. 68 LENOX LIBRAR V. like effect in all respects as if given within ninety days after my decease ; and likewise in case any of my executors fail to qualify within three months after my decease, it is my Will that they may qualify within three months after probate of my will, with like effect in all respects as if within three months after my decease. Documents IRelatlno to Xlbc ZW^cn ^rust XXI. EXTRACTS FROM THE WILL OF SAMUEL J. TILDEN. Will dated, 23 April, 1884. Admitted to Probate in Westchester Co., 20 October, i886. Recorded Liber 103 of Wills, page 130. QTIjittg-fiftl). I request my said Executors and Trustees to obtain as speedily as possible from the Legislature an Act of incorporation of an institution to be known as the Tilden Trust, with capacity to establish and maintain a free library and reading room in the city of New York, and to promote such scientific and educational objects as my said Executors and Trustees may more particularly designate. Such corporation shall have not less than five trustees, with power to fill vacancies in their number; and in case said institution shall be incorporated in a form and manner satisfactory to my said Executors and Trustees during the lifetime of the survivor of the two lives in being, upon which the trust of my general estate herein created is limited, to wit: the lives of Ruby S. Tilden and Susie Whittlesey, I hereby authorise my said Executors and Trustees to organize the said corporation, designate the first trustees thereof, and to convey to or apply to the use of the same the rest, residue and remainder of all my real and personal estate not specifically disposed of by this instrument, or so much thereof as they may deem expedient, but subject nevertheless to the special trusts herein directed to be constituted for par- ticular persons, and to the obligations to make and keep good the said special trusts, provided that the said corporation shall be authorised by law to assume such obligation. But in case such institution shall not be so incorporated dur- 71 73 TILDEN TRUST. ing the lifetime of the survivor of the said Ruby S. Tilden and Susie Whittlesey, or if for any cause or reason my said Executors and Trustees shall deem it inexpedient to convey said rest, residue and remainder or any part thereof or to apply the same or any part thereof to the said institution, I authorise my said Execu- tors and Trustees to apply the rest, residue and remainder of my property, real and personal, after making good the said special trusts herein directed to be constituted, or such portions thereof as they may not deem it expedient to apply to its use, to such charitable, educational and scientific purposes as in the judg- ment of my said Executors and Trustees will render the said rest, residue and remainder of my property most widely and substan- tially beneficial to the interests of mankind. 9Cl)irtB-6i5Etl). I hereby authorise my said Executors and Trustees to reserve from any disposition made by this will, such of my books as they may deem expedient, and to dispose of the same in such manner as in their judgment would have been most agreeable to me ; and in such case any of my illustrated books or books of art should be given to or to the care of the institution described in this will, my said Executors and Trustees shall make suitable regulations to preserve the same from dam- age and to regulate access thereto. And such disposition shall be subject to such instructions as I may hereafter in writing give to my said Executors and Trustees. 8tl)irtB^0et)Bntl). In case at any time during the trust embrac- ing my general estate any interest in any special trust hereby directed to be constituted shall lapse or no disposition of such interest contained in this instrument shall be effectual to finally dispose of the same, such interest shall go to my said Executors and Trustees to be disposed of under the provisions of this will; or if the said general trust shall have ceased but a corporation designated as the Tilden Trust shall be in operation, such inter- est shall go to the said corporation. ©IlirtB^nintl). I hereby devise and bequeath to my said Executors and Trustees, and to their successors in the trust hereby created and to the survivors and survivor of them, all the rest and residue of all the property real and personal, of whatever name or nature, and wheresoever situated, of WILL OF SAMUEL J. TILDEN. 73 which I may be seized or possessed, or to which I may be entitled at the time of my decease which may remain after instituting the several trusts for the benefit of specific persons; and after making provision for the specific bequests and objects as herein directed. %a ipatJC anb ®o i^olir the same unto my said executors and trustees and to their successors in the trust hereby created, and the survivors and survivor of them in trust, to possess, hold, manage and take care of the same during a period not exceeding two lives in being; that is to say, the lives of my niece Ruby S. Tilden and my grand niece Susie Whit- tlesey and until the decease of the survivor of the said two persons, and, after deducting all necessary and proper expenses, to apply the same and the proceeds thereof to the objects and purposes mentioned in this my will. XXII. MEMORIAL FOR A CHARTER. Memorial of the Executors and Trustees of the Estate OF THE late Samuel J. Tilden, to the Legislature of the State of New York petitioning for an Act of Incorpo- ration. Dated, 4 January, 1887. To the Legislature of the State of New York : ^our ittemorittlisto, Executors and Trustees of the estate of the late Samuel J. Tilden, respectfully represent that the said Samuel J. Tilden died at his residence at Graystone, in the city of Yonkers, in the County of Westchester and State of New York, on the fourth day of August, in the year 1886, leaving a last Will and Testament, of which a copy is hereunto annexed. Your Memorialists further respectfully represent that the aforesaid Will was admitted to probate by the Surrogate of Westchester County on the twentieth day of October, in the year one thousand eight hundred and eighty-six, and letters testamentary were issued to your Memorialists as the Executors and Trustees under said Will. That your Memorialists have accepted the trusts and assumed the duties imposed upon them under and in virtue of the said Will and Letters Testamentary. That by the thirty-fifth section of the aforesaid last Will and Testament it is made the duty of your Memorialists to solicit from the legislature, an act of incorporation of an institution to be known as the Tilden Trust, with capacity to establish and maintain a Free Library and Reading Room in the City of New York. That in and by the same clause of said Will the said testator 74 MEMORIAL FOR A CHARTER. 75 did further provide as follows : "'Such corporation shall have not less than five trustees, with power to fill vacancies in their number, and in case said institution shall be incorporated in a form and manner satisfactory to my said Executors and Trustees during the lifetime of the survivor of the two lives in being upon which the trust of my general estate herein created, is limited, to wit : the lives of Ruby S. Tilden and Susie Whittlesey, I hereby authorise my said Executors and Trustees to organize the said corporation, designate the first trustees thereof, and to convey to or apply to the use of the same the rest, residue and remainder of all my real and personal estate not specifically dis- posed of by this instrument, or so much thereof as they may deem expedient, but subject nevertheless to the special trust herein directed to be constituted for particular persons, and to the obligations to make and keep good the said special trusts, provided that the said corporation shall be authorised by law to assume such obligation.'" That from the nature and conditions of the assets, your Me- morialists are not yet prepared to state what sum will be real- ized from the rest, residue and remainder of the testator's estate not otherwise specifically disposed of by his will, but according to the present information of your Memorialists, they are under the impression that it is not likely to fall below the sum of four millions of dollars and may, under favorable circumstances, con- siderably exceed that sum. Your Memorialists further represent, that in pursuance of the manifest purpose and desire of the testator to consecrate all of his estate not otherwise specifically disposed of by his will, to the creation of such a Free Public Library in the City of New York as would best serve the interests of science and education, and place the best literature of the world within easy reach of every class and condition of people in our commercial metropo- lis, without money and without price, have determined and do hereby proclaim their determination to devote such portions of the estate of the said Samuel J. Tilden as, by the terms of his Will, they lawfully may to the establishment and maintenance of a Free Library and Reading Room in the City of New York, and making them, in as large a degree as possible, tributary to the interests of science and popular education. 76 TILDEN TRUST. For this purpose and in compliance with the specific instruc- tions of the said testator, as expressed in the thirty fifth section of his said last will and testament, your memorialists respect- fully ask from your honorable body an act of incorporation of an institution to be known and designated as the Tilden Trust, with such powers as will be required to give most complete efficacy to the comprehensive and beneficent designs of the aforesaid testator. And as the said bequests for the maintenance of a free library and reading room in the city of New York are made upon the express condition that the said Tilden Trust shall be incorporated in a manner and form satisfactory to your memorialists, it has seemed to be incumbent upon them to define the general fea- tures of such a charter. Your memorialists, therefore, do hereby respectfully submit the form and manner of an act which, if it shall receive the approval of your honorable body and become a law, will be satisfactory to your memorialists. New York, January 4th, 1887. John Bigelow, And. H. Green, Geo. W. Smith, Executors and Trustees. XXIII. ACT OF INCORPORATION. Passed 26 March, 1887. Laws of 1887, Chapter 85. An Act to incorporate the Tilden Trust, for the estab- Hshment and maintenance of a Free Library and Reading Room in the City of New York. tol)ercos, John Bigelow, Andrew H. Green and George W. Smith, the executors and trustees of the last will and testament of Samuel J. Tilden, deceased, have, in pursuance of provisions of said will and testament, made application to the Legislature for the enactment of the following act; and U)l]er£a0, The said executors and trustees deem it inexpedient to designate any purposes of the corporation herein and hereby created other than the establishment and maintenance of a Free Library and Reading Room in the city of New York, in accord- ance with the purpose and intention of said testator; The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The said John Bigelow, of Highland Falls, in Orange County, and Andrew H. Green and George W. Smith, of the city of New York, and such other persons as they may associate with themselves, and their successors are hereby created a body corporate and politic under the name and title of The Tilden Trust. 0«rtion 2. The said John Bigelow, Andrew H. Green and 77 78 TILDEN TRUST. George W. Smith, shall be permanent trustees of such corpora- tion in accordance with the intention of the said will in that be- half. Within ninety days from the passage of this act they shall designate and appoint, in writing, other trustees, so that the number of trustees shall not be less than five. Section 3. One-half of the other trustees so designated and appointed shall hold office for the term of one year, and the other half thereof for the term of two years. After such desig- nation and appointment shall have been made, every trustee appointed to fill any vacancy in the Board of Trustees shall hold office for the term of two years. Any vacancy which may at any time occur in said Board through death, resignation, inca- pacity, expiration of term or otherwise, shall be filled by the remaining trustees. 0£tlion 4. All the powers of the said corporation shall be vested in the trustees. They shall have the power to appoint a president and vice-president, secretary and treasurer, of whom the secretary and treasurer need not be members of said board. Such officers shall hold their offices upon such tenure, and shall receive such compensation as the by-laws may prescribe. Said trustees shall also have power to appoint such other officers and agents as the proper conduct of the affairs of said corporation shall require, removable at the pleasure of the board and to fix their compensation. Section 5. The said corporation shall have, in addition to the powers now conferred by law upon all corporations as such, the capacity and power to establish and maintain a free library and reading-room in the city of New York, and for these pur- poses it shall have power to demand, recover, accept and receive all such money and other property, real or personal, as is given to it by virtue of the will of Samuel J. Tilden, or shall be con- veyed or transferred to, or in any manner bestowed upon it by the aforesaid executors and trustees by virtue of the powers therein conferred upon them; and the said corporation shall have power to hold, manage, improve, dispose of and convey all property at any time received or acquired by it, in such manner as may be best calculated to carry out its objects and purposes. ACT OF INCORPORATION. 79 Section 6. The said corporation shall accept and receive all such money or other property as is given to it by the said will of Samuel J. Tilden, or shall be conveyed or transferred to, or in any manner bestowed upon it as aforesaid by the aforesaid executors and trustees, subject to the terms and conditions ex- pressed in and imposed by the said will of Samuel J. Tilden, in respect to the gift or gifts therein and thereby made or provided for, to a corporation to be formed and to be known as the Tilden Trust, and the said corporation shall have power to make and enter into any obligation or obligations to secure due compliance with such terms and conditions. Section 7. The said corporation shall possess the powers, and, except as may be otherwise provided by this act, be subject to the provisions, liabilities and restrictions contained in the third title of the eighteenth chapter of the first part of the Re- vised Statutes, but nothing herein contained shall affect the rights of any parties to any action now pending or of any heir at law of said Samuel J. Tilden, deceased. Section S. This act shall take effect immediately. XXIV. CONVEYANCE OF THE TILDEN ESTATE TO THE TILDEN TRUST. Dated, 29 April, 1887. Recorded in New York Register's Office, 30 April, 1887. Liber 2055 of Conveyances, page 212. Sri)is Jntrenturc, made the twenty-ninth day of April, in the year one thousand eight hundred and eighty-seven, between John Bigelow, Andrew H. Green and George W. Smith, the executors and trustees under the last will and testament of Samuel J. Tilden, deceased, parties of the first part, and the Tilden Trust, a body corporate and politic, created under the laws of the State of New York, party of the second part. toljereas, Samuel J. Tilden, of Graystone, in the city of Yon- kers. County of Westchester, in the State of New York, departed this life on the fourth day of August, in the year one thousand eight hundred and eighty-six, leaving his last will and testament in writing, dated on the twenty-third day of April, in the year one thousand eight hundred and eighty-four, wherein and whereby the said John Bigelow, Andrew H. Green and George W. Smith were nominated, constituted and appointed executors and trustees; and tDl)£r£aB, the said last will and testament was afterwards and on the twentieth day of October, 1886, duly admitted to probate by Owen T. Coffin, Esq., Surrogate of the County of West- chester, at a Surrogate's Court held at White Plains, in the said County, on that day, and letters testamentary were on the same day issued to the said John Bigelow, Andrew H. Green and 80 CONVEYANCE OF THE TILDEN ESTATE. 81 George W. Smith, and they each thereupon duly qualified and accepted the office of executor of said last will and testament, and took upon themselves the duties of said office, and also accepted the trusts created in and by the said will ; and tolj^reos, the said Samuel J. Tilden, after making in and by his said will provisions for the payment of his debts and divers legacies in the form of trusts and otherwise, for particular per- sons, and also certain provisions for the establishment and main- tenance of a library and free reading room in his native town of New Lebanon, in the State of New York, and for the establish- ment of another library and free reading room in the city of Yonkers, in the same State, did further in and by the thirty- fifth article of his said will make provisions for the establishment and maintenance of a free library and reading room in the city of New York, which said thirty-fifth article is in the following words, namely: " ®l)irtB-fiftl). — I request my said Executors and Trustees to obtain as speedily as possible from the Legislature an act of incorporation of an institution to be known as the Tilden Trust, with capacity to establish and maintain a free library and reading room in the city of New York, and to promote such scientific and educational objects as my said Executors and Trustees may more particularly designate. Such corporation shall have not less than five trustees, with power to fill vacancies in their number; and in case said institution shall be incorporated in a form and manner sat- isfactory to my said Executors and Trustees during the life- time of the survivor of the two lives in being upon which the trust of my general estate herein created, is limited, to wit: the lives of Ruby S. Tilden and Susie Whittlesey, I hereby authorise my said Executors and Trustees to organ- ize the said corporation, designate the first trustees thereof, and to convey to or apply to the use of the same the rest, residue and remainder of all my real and personal estate not specifically disposed of by this instrument, or so much thereof as they may deem expedient, but subject neverthe- less to the special trusts herein directed to be constituted for particular persons, and to the obligations to make and 82 TILDEN TRUST. keep good the said special trusts, provided that the said corporation shall be authorised by law to assume such obligation. But in case such institution shall not be so incorporated during the lifetime of the survivor of the said Ruby S. Tilden and Susie Whittlesey, or if for any cause or reason my said Executors and Trustees shall deem it inexpedient to convey said rest, residue and remainder or any part thereof or to apply the same or any part thereof to the said institution, I authorise my said Executors and Trustees to apply the rest, residue and remainder of my property, real and personal, after making good the said special trusts herein directed to be constituted, or such portions thereof as they may not deem it expedient to apply to its use, to such charitable, educational and scientific purposes as in the judgment of my said Executors and Trustees will render the said rest, residue and remainder of my property most widely and substantially beneficial to the interests of man- kind." ^nb, afterwards in pursuance of their duties and of the direc- tions contained in the said thirty-fifth article of said will said executors and trustees made application to the Legislature of the State of New York for an Act of Incorporation of an Institu- tion to be known as the Tilden Trust, and in and by the said ap- plication elected to designate no other objects or purpose for or of the corporate body so applied for than the establishment and maintenance of a Free Library and Reading Room in the city of New York and elected to confine their designation to the pur- poses and objects of said corporation so applied for the estab- lishment and maintenance of a Free Library and Reading Room in the city of New York, and the said Legislature after- wards, on the twenty-sixth day of March, 1887, in compliance with said application, passed an Act entitled an Act to Incor- porate the Tilden Trust for the establishment and maintenance of a Free Library and Reading Room in the city of New York, which said Act was thereafter duly approved; and tiJIjereas, the said executors and trustees have accepted the said Act and have, in pursuance of the terms thereof, desig- CONVE YANCE OF THE TILDEN EST A TE. 83 nated and appointed in writing two other trustees, namely, Alexander E. Orr and Stephen A. Walker, and the said corpora- tion has been duly organized and a President and Vice-Presi- dent, Secretary and Treasurer thereof duly appointed ; and tDljereae, the estate of the said Samuel J. Tilden is not as yet, and cannot be for some time to come, completely settled, and divers of the duties and functions of the executors thereof remain unperformed; but the said John Bigelow, Andrew H. Green and George W. Smith, executors and trustees, as afore- said, deem it to be their duty to vest in the said Tilden Trust without delay all the rest, residue and remainder of the real and personal estate of the said Samuel J. Tilden, which they are by the said thirty-fifth article of said will authorized to convey to or apply to the use of the said Tilden Trust, so, however, as to save and reserve to themselves all their powers, duties and func- tions conferred upon them by the said will, except any power or duty to otherwise dispose of the said rest, residue and remainder, or any part thereof ; "^oxa Sliercforc, 9[l)is Inbentnre tOitnessetl) that the said par- ties of the first part, in consideration of the premises and of the sum of one dollar to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred and set over, conveyed to and applied to the use of and by these presents, do hereby grant, bargain, sell, assign, transfer, set over, convey to and apply to the use of the said party of the second part, its suc- cessors and assigns, all the rest, residue and remainder of all the real and personal estate of the said Samuel J. Tilden, which in and by the said thirty-fifth article of said will they are author- ized to convey or apply to the use of the said Tilden Trust, STo iiaoe anil ®0 :i^oIi> the said rest, residue and remainder to the said party of the second part, its successors and assigns for- ever, subject, however, in the manner provided by the said thirty- fifth article of said will to the special trusts directed by the said will to be constituted for particular persons and to the obligations to make and keep good the said special trusts, and also subject to the express condition that in case any special trust directed to be constituted by the said will shall fail in whole or in part by de- 84 TILDEN TRUST. preciation of securities, that then and in such case, and in every such case, the said party of the second part shall, out of the said rest, residue and remainder, hereby conveyed, repay to the trustees for the time being of any such special trust, so much money as shall be suflScient in each case to make good the loss or deficiency arising out of such depreciation, the parties of the first part, however, saving and reserving to themselves all powers, duties, functions and rights appertaining to their oflBce as executors and trustees under the said will, which shall or may be necessary or proper in due course of the administration of the estate of the said decedent, and closing out of the same accord- ing to law, and the true intent of said will, but not reserving the right or power to make any other disposition of the said rest, residue and remainder hereby conveyed to the said Tilden Trust, or any part thereof, it being the intent and meaning of this in- denture to vest the right, title and interest in and to the said rest, residue and remainder so conveyed in the said Tilden Trust to the end that from time to time as soon as any part of said rest, residue and remainder shall be received by them, the said party of the first part, and be ready for actual delivery into the custody, possession and control of the said Tilden Trust, the same may be so delivered and the said Tilden Trust may de- mand and receive the same, and to the end also that in the meantime and until such delivery, or time for delivery, the said parties of the first part shall have and possess all the powers in respect to the receipt, collection, management, sale, transfer, conveyance and disposition of all the assets, real and personal, belonging to the estate of said Samuel J. Tilden which they now possess and enjoy as executors and trustees. And the party of the second part hereby acknowledges its ob- ligations to make good as aforesaid said special trusts and cov- enants, and agrees with the said parties of the first part to fulfill the same, and for the better security for the performance of such covenant the said party of the second part hereby covenants and agrees to and with the said parties of the first part to set apart and separately invest two and one-half per cent, of all amounts it shall at any time receive pursuant to this conveyance, in good marketable securities, and to keep the same so invested during the continuance of said special trusts, and until the same and all CONVEYANCE OF THE TILDEN ESTATE. 85 the same shall have terminated, but with liberty to apply parts of the sums so invested from time to time, as occasion and neces- sity may arise, to make good any loss or deficiency which may be caused by any depreciation as aforesaid, and also with liberty to apply the income arising from the funds so invested to the objects and purposes of said Tilden Trust. Jn XDlttl^SS tDl)ereof, the parties hereto have hereunto set their hands and seals the day and year first above written. John Bigelow, (seal) Andrew H. Green, (seal) Geo. W. Smith, (seal) Executors and Trustees. (corporate seal) The Tilden Trust, John Bigelow, President. Attest: A. E. Orr, Secretary. XXV. JUDGMENT DECLARING THE TILDEN TRUST VOID, MODIFIED AND AFFIRMED. Present- judgment of the special term, 27 May, 1890. Judgment of the General Term, modifying the former judgment, 19 November, i8go. Entered 2 January, 1891. Judgment Affirmed by the Court of Appeals, 27 October, i8gi. At a Special Term of the Supreme Court of the State of New York, held in and for the County of New York, at the County Court House, on the 27th day of May, 1890. -Hon. Miles Beach, Justice. SUPREME COURT. George H. Tilden, against Plaintiff, Andrew H. Green, John Bigelow and George W. Smith, as Executors and Trustees under the Last Will and Testament of Samuel J. Tilden, deceased ; Samuel J. Tilden, Jr. , Ruby S. Tilden, Susan G. Tilden, Lucy F. Tilden, Laura B. Hazard; and Laura B. Hazard and William A. Hazard, as Executors of the Last Will and Testament of Mary B. Pelton, deceased; Henrietta A. Swan, Caroline B. Whittlesey, Susan G. Tilden, Anne J. Gould, Adelaide E. Buchanan, Marie Celeste Stauffer, Henrietta Jones, John J. Cahill, Maria Sinnot, Georgen Johansen, Henry G. Gilbert, Edward Reilly, Catherine Burke, Rosa Clark, John Lynch, Eliza- beth Gettens, Denis O'Hare, and Daniel Herr, and the Tilden Trust, Defendants. The issues of fact and of law arising in this action having been tried before the said Justice, now present, and the said 86 JUDGMENT OF THE SUPREME COURT. 87 Justice having duly made and filed his findings of fact and con- clusions of law, whereby he finds and determines that the Plain- tiff is entitled to this judgment; now on motion of Vanderpoel, Green and Cuming, the attorneys for the Plaintiff, the Court orbcrs, obiubges atib decrees : iTirst. That the provisions in the will of the testator, Samuel J. Tilden, deceased, having in view the creation of a "general trust " of his entire residuary estate for charitable uses, are, and each of them is illegal and void. Seconb. That the devise and bequest in the will of the tes- tator, Samuel J. Tilden, to his executors and trustees, and to their successors in the trust thereby attempted to be created, and to the survivors and survivor of them, of all the rest, residue and remainder of all the property, real and personal, of which the said testator died, seized or possessed, vests no interest therein, or in any portion thereof, in any ascertained or ascer- tainable person, either natural or artificial, and is incapable of being carried into effect by a judicial decree, and is illegal and void. SCljirb. That the provisions of the thirty-fifth article of the will of the testator, Samuel J. Tilden, deceased, authorizing his executors and trustees, in their discretion, to convey, or to apply the rest, residue and remainder of all the testator's real and personal property, or so much thereof as they may deem expe- dient, or may not deem inexpedient, to the various uses and purposes therein mentioned, and in the manner therein sug- gested, are, and each of said provisions is, illegal and void ; and, that as to the property therein mentioned, and each and every part thereof, the same is undisposed of by the said provisions of the said will, and at the death of the said testator, the said prop- erty, and each and every part thereof descended to, and vested in due course of law, in the plaintiff herein, and in the other heirs at law and next of kin of the said Samuel J. Tilden, de- ceased. Jburtl). And it is further Declared, Adjudged and Decreed, that as to his entire residuary estate, the testator, Samuel J. Tilden, died intestate, and the whole thereof at his death de- 88 TILDEN TRUST, scended to and vested in the plaintiff and the other heirs at law and next of kin of the said Samuel J. Tilden deceased. iFiftl). And it is Further Adjudged, Declared and Decreed, that the objects and purposes to which the testator's residuary estate is authorized by his will to be applied are illegal and invalid, and the same remains undisposed of by his will, and is to be distributed to the plaintiff and the heirs at law and next of kin of the testator; and that the said executors and trustees proceed according to law to make distribution of the personal estate of the testator in their hands, and of the rents, issues and profits of the real estate received by them, which shall remain after satisfying the several legacies providing for the special trusts for the benefit of the particular individuals named therein; and paying the costs, charges and expenses of this action, which are hereby directed to be paid. SijEtl). And it is Further Ordered, Adjudged and Decreed, that the plaintiff, George H. Tilden, recover of the defendants, Andrew H. Green, John Bigelow and George W. Smith, as ex- ecutors and trustees under the last will and testament of Samuel J. Tilden deceased, his costs of this action, taxed at the sum of two hundred and sixteen ^^j^ dollars, together with an additional allowance of two thousand dollars hereby awarded to him, in all amounting to the sum of two thousand two hundred and sixteen ^^-^ dollars, and that the plaintiff have execution there- for. XXVI. THE COMPROMISE AGREEMENT. Dated, 29 May, i8gi. Recorded in New York, 7 February, 1894. Sec. 3, Liber 28, page 13; Blocks 875-876. Recorded in Westchester Co., ii October, 1894. Liber 1371 of Deeds, page 181. Recorded in Kings Co. 13 February, 189J, Liber i of Conveyances, page 198, Sect. 9. @[l)is Jtnbcttttirc made and entered into this twenty-ninth day of May one thousand eight hundred and ninety-one by and be- tween I^aura P. Hazard individually, and Laura P. Hazard and William A. Hazard, as Executors of the last will and testament of Mary B. Pelton, deceased, parties of the first part, John Bige- low, Andrew H. Green and George W. Smith, as Executors of and Trustees under the last will and testament of Samuel J. Tilden, Deceased, parties of the second part, and The Tilden Trust, a corporation organized and existing under and by virtue of the laws of the State of New York, party of third part. tol)£rettB : Samuel J. Tilden, late of Graystone, in the County of Westchester and State of New York, died on the fourth day of August 1886, leaving a last will and testament dated the 23d day of April 1884, which said last will and testament was duly admitted to probate as a will of both real and personal property by the Surrogate of Westchester County on the 20th day of October 1886; and tOljereas John Bigelow, Andrew H. Green and George W. Smith, the parties of the second part hereto, were appointed executors and trustees of said will and have duly qualified and entered upon the discharge of their duties as such executors and trustees ; and tol)er£OB said Samuel J. Tilden 89 90 TILDEN TRUST. left him surviving his sister, Mary B. Pelton, and his nephews and nieces George H. Tilden, Samuel J. Tilden Jr., Henrietta A. Swan, Caroline B. Whittlesey, Ruby S. Tilden, and Susan G. Tilden, his only heirs at law and next of kin ; and toljereoB the parties of the second part in pursuance of the provisions of said will duly applied to the Legislature of the State of New York for an act of incorporation of an Institution to be known as the Tilden Trust, and thereupon the said Legislature passed an act, entitled "An Act to incorporate the Tilden Trust, for the estab- lishment and maintenance of a free library and reading room in the City of New York", being Chapter 85 of the laws of 1887; and thereupon the party of the third part was duly incorporated and organized under and by virtue of said act; and tDljereas : The parties of the second part thereafter and in pursuance of the provisions of the Thirty-Fifth Article of the said will executed and delivered unto the said Tilden Trust a con- veyance of all the rest, residue and remainder of all the real and personal estate of the said Samuel J. Tilden, which in and by the said Thirty-Fifth Article of said will, they were authorized to convey to or apply to the use of the said Tilden Trust, as by the said conveyance dated the 29th day of April 1887, reference being thereunto had, will more fully and at large appear; and tOljereOB : Said conveyance was duly accepted by the said party of the third part ; and toliewas : The said Mary B. Pelton died on the twelfth day of March 1887 leaving the said Laura P. Hazard, one of the parties of the first part, her surviving her only heir and next of kin, and leaving a will which was duly admitted to probate by the Surrogate of the City and County of New York on the 6th day of April 1887 and by which will the parties of the first part, Laura P. Hazard and William A. Hazard were duly appointed Executors thereof, and the said parties of the first part have duly qualified as such executors and are now acting as such ; and toliereos : After the Death of said Samuel J. Tilden, the said George H. Tilden brought an action in the Supreme Court of the State of New York, in the City and County of New York, in which action the parties to these presents are now defend- THE COMPROMISE AGREEMENT. 91 ants, for the purpose of procuring a judgment declaring that the provisions of the thirty-third, thirty-fourth and thirty-fifth articles of said will of said Samuel J. Tilden, deceased are in- valid and void ; and judgment has been rendered in said action by the General Term of the First Department adjudging the provisions of the Thirty-fifth Article of said will for the estab- lishment of a free library and reading room in the City of New York to be illegal and void ; and tol)erca3 : An appeal has been taken from the said judgment by the parties of the second and third parts to the Court of Appeals, which appeal is still pending but has not yet been argued; and tnljereas it was further determined by said judg- ment or by the judgment affirmed thereby that the said Testator died intestate of all the property mentioned and attempted to be disposed of in and by the said Thirty-Fifth Article of his will, and that the same descended to his heirs and next of kin; and totjereae : The parties of the first part by their answer in said cause claimed to be entitled to one half of all the property real and personal of said Samuel J. Tilden, not validly dis- posed of in and by his said Will; and b3l)er£as : The parties hereto have agreed upon a settlement and adjustment of all controversies between them arising upon or concerning the said will of said Samuel J. Tilden, or involved in any wise in said action, to the end that the project of said testator for the establishment and maintenance of the free library and reading room mentioned in the Thirty-Fifth Article of said will may be carried out, and the parties of the first part desire that said project may be carried out in any event. NotD tl)er«fo«, %\\\% Jfnbenttirc toitneBsctl) : That the parties of the first part, in order to carry the said settlement into effect, and in consideration of the premises and of the sum of Nine hun- dred and seventy-five thousand dollars to them in hand paid at or before the ensealing and delivery of these presents by the said parties of the second part at the request of said Tilden Trust out of the funds in the hands of said parties of the second part which would under the terms of said will, as insisted upon by the parties of the second and third parts, be applicable to the purposes provided for in and by the Thirty-Third, Thirty-Fourth 92 TILDEN TRUST. and Thirty-Fifth Articles of said will, the receipt of which sum by the said parties of the first part is hereby acknowledged, have granted, bargained, sold, aliened, remised, released, conveyed and confirmed and by these presents do grant, bargain, sell, alien, remise, release, convey and confirm unto the said party of the third part, its successors, and assigns, all the estate right title and interest of the said parties of the first part and each of them in and to all the property and estate, real and personal, of whatsoever nature and wheresoever situated formerly belonging to the said Samuel J. Tilden, deceased, and all income and in- crease thereof, and all funds moneys, securities, real estate or other property of whatever name or nature to which the parties of the first part or either of them or their respective heirs, execu- tors, administrators or successors might or would be entitled in case the provisions, or any or either of them, of the said Thirty- Third, Thirty-Fourth and Thirty-Fifth Articles of said will were for any reason whatever held invalid ; S[0getl)er with all and singular the tenements hereditaments and appurtenances thereunto belonging or in any wise appertaining; and the re- version and reversions, remainder and remainders, rents, issues and profits thereof, So %a,Xit Oltb ®0 1|olb all and singular the above granted property and premises unto the said party of the third part, its successors and assigns forever. It being the intent of this conveyance to vest in the said Tilden Trust all the inter- est of the said parties of the first part and each of them in the estate of said testator and the increase thereof, excepting only the interest bequeathed and devised unto the said Laura P. Hazard or in trust for her benefit under and by virtue of the provisions of the Ninth Article of said will. ^n& the parties of the first part covenant and warrant to and with the parties of the second and third parts, that the said Mary B. Pelton was at the death of said Samuel J. Tilden en- titled to one half of all his residuary estate, except in so far as the same may have been validly disposed of by the Thirty-Third Thirty-Fourth and Thirty-Fifth Articles of his will, and that the said parties of the first part are now entitled to the same, and that the said Mary B. Pelton did not in her lifetime, and the said parties of the first part have not, nor hath either of them done or committed or suffered to be done or committed any act, THE COMPROMISE AGREEMENT. 93 matter or thing whatsoever whereby the same or any part thereof is or shall or may be impeached, charged or encumbered in title, charge or estate, or otherwise however. !^nb the parties of the first part do hereby further covenant, stipulate, consent and agree to and with the parties of the second and third parts that the said residuary estate of the said Samuel J. Tilden, deceased, and any estate, right, title or interest of the said parties of the first part or either of them therein or thereto, may and shall be used and applied by the said parties of the second part or the said party of the third part or either of them to and for any of the purposes mentioned in the Thirty- Third, Thirty-Fourth and Thirty-Fifth Articles of said will of Samuel J. Tilden, deceased, and for any of the purposes au- thorized by the present charter of the said Tilden Trust or by any amendment of said charter hereafter to be made. ^Tlb the parties of the first part, and each of them, do hereby release and forever discharge the said parties of the second and third parts and each of them, and their and each of their succes- sors, of and from all actions, causes of action, suits, controversies, claims, demands, debts, accountings and liabilities whatsoever which against the said parties of the second and third parts, or either of them, or their or either of their successors, they the said party of the first part, or either of them or their respective heirs Executors or Administrators, or successors, ever have had, now have or may hereafter have by reason of any matter, cause or thing whatsoever from the beginning of the world down to the date of these presents, excepting from this release only any claim which the said Laura P. Hazard may have under said will, to the benefit of the provisions of the Ninth Article thereof. ^nb the said parties of the first part for themselves and their respective heirs, executors, administrators and successors do further covenant and agree to and with the parties of the second and third parts and each of them and their respective successors and assigns, and all and every person or persons whomsoever, lawfully or equitably deriving any estate, right, title or interest of in or to the above granted property and premises from or under them or either of them, that the said parties of the first part their heirs, executors, administrators and successors shall and will at all times hereafter upon the reasonable request of 94 TILDEN TRUST. the said Tilden Trust, its successors or assigns, make do and execute, or cause to be made done and executed all and every such further and other lawful and reasonable acts, conveyances and assurances in the law for the better and more effectually vesting and confirming the premises and property hereby con- veyed and assigned or intended so to be, in and to the said Tilden Trust, its successors and assigns, forever, as by the said Tilden Trust, its successors or assigns, or its or their counsel, learned in the law shall be reasonably advised, devised or required. 5^n& the said party of the third part doth hereby covenant and agree to and with the parties of the second part that as to so much of the premises and property hereby conveyed as may be necessary to carry out the provisions of the Thirty-Third and Thirty-Fourth Articles of said will, such necessity to be deter- mined by the demand of said parties of the second part, but not in excess of the amounts by said Articles respectively de- voted to the purposes therein mentioned, the party of the third part receives the same from the parties of the first part for the account of the parties of the second part, and will pay and de- liver the same to them upon such demand, the intention of this provision being that the same shall be disposed of by the parties of the second part in carrying out the purposes of said testator specified in the said Thirty-Third and Thirty-Fourth Articles of his will. 3n toitmes tOljereof, the parties of the first and second parts have hereunto set their hands and seals and the party of the third part has caused these presents to be signed by its President and its Corporate Seal to be hereto affixed the day and year first above written. Laura Pelton Hazard (seal) William A. Hazard (seal) Executors of Mary B. Pelton John Bigelow (seal) And. H. Green (seal) Geo. W. Smith (seal) Executors and Trustees under the Will of Samuel J. Tilden, Dec'd. The Tilden Trust by John Bigelow (corporate seal.) President. XXVII. THE PARTITION AGREEMENT. Dated, 30 March, 1892. 9[|)is 935.03, which at the various times as received was added to the "Permanent Fund," and is now a part of the Principal Account of the Department of Circu- lation of The New York Public Library. 202 • WILL OF MARY A. ED SON. 208 incorporated religious, benevolent and charitable societies of the City of New York and in such amounts as shall be appointed by them with the approval of my friend the Rev. Dr. William R. Huntington, if living. If for any reason any legacy or legacies left by this my will either pecuniary or residuary shall lapse or fail, I give and bequeath the amount thereof absolutely to the persons named as my executors. In the use of the same I am satisfied that they will follow what they believe to be Aiy wishes. I impose upon them however no condition, leaving the same to them per- sonally and absolutely, and without any limitation or resti- tution. ^ ^ Sp !|C Sp •!* Codicil II. Article Fifth. The rest, residue and remainder of my estate not disposed of by my will or by any codicil, I give and bequeath to my executors, to be divided by them among such incorporated religious, benevolent and charitable societies of the City of New York and in such amounts as shall be fixed or appointed by them, with the approval of my friend the Rev. Dr. William R. Huntington, if living. LVI. DEED OF GIFT UNDER THE WILL OF MARY A. EDSON. Dated 23 June, 1890. ^novo all men bg tl)esc jiresentB, that we, John E. Parsons, John A. Bartow and Charles S. Fairchild, named as executors to the last Will and Testament of Mary A. Edson, deceased, bearing date the second day of May, 1890, do hereby appoint and give all the residuary estate which is by the said will or by any of the codicils thereto given and bequeathed to us as execu- tors thereof or individually, or over which we have any power of appointment or distribution, after the payment of all just and lawful expenses and charges, to and among the following reli- gious, benevolent and charitable societies in the City of New York, in the shares specified, namely : iFirst : To any corporation or society to which under the said will or any of the codicils thereto has been given any pecuniary legacy, which legacy shall for any reason whatsoever have lapsed or failed, we give and appoint the amount of such legacy as given by the said will or codicil thereto. Seconb : So much of the said residuary estate as may be left after the payment of any lapsed or failed legacies as above pro- vided, we do hereby appoint and give to the following named religious, benevolent and charitable societies of the City of New York, in the following proportions, to wit: To the Cathedral Church of St. John the Divine in the Dio- cese of New York, one-third of the said residue. To the House of Mercy, New York, one-fifteenth of the said residue. 204 DEED OF GIFT UNDER WILL OF MARY A. ED SON. 205 To the Charity Organization Society of the City of New York and the Association for Improving the Condition of the Poor in the City of New York, one-fifteenth of the said residue to be equally divided between them. To the Children's Aid Society of the City of New York, one- fifteenth of the said residue. To the Young Women's Christian Association of the City of New York, one-fifteenth of the said residue. To the Italian Mission of the Protestant Episcopal Church in the City of New York, one-fifteenth of the said residue. To the New York Free Circulating Library of the City of New York, one-fifteenth of the said residue. To St. Luke's Home for Indigent Christian Females, one-fif- teenth of the said residue. To the Sheltering Arms of the City of New York, one-fifteenth of the said residue.' To the Home for Incurables, at Fordham, in the City of New York, one-fifteenth of the said residue. To the Woman's Hospital, in the State of New York, one- fifteenth of said residue. ^nb if the gift or appointment of any share of the balance of said residuary estate to any of the incorporations above named shall, for any reason, fail or be held to be invalid, then we do appoint and give such share or shares to and among the other corporations, to and arriong whom the balance of the said resi- duary estate has been given and appointed, in equal shares; the object of this instrument being that all the residuary estate of the said Mary A. Edson, over which we have, under the terms of the said will, or any of the codicils thereto, the power of appointment or distribution, or which may have been devised or bequeathed to us under the said will or any of the codicils thereto absolutely, may by these presents be and become vested in the corporations or societies above named in the proportions above set forth, so that neither we nor any of our successors, as executors of said will, not either of us individually, nor our respective heirs, executors, administrators or assigns, may at any time claim or have any interest or right whatsoever in or to 306 NEW YORK FREE CIRCULATING LIBRARY. said residuary estate of said Mary A. Edson, or any portion thereof, either by way of appointment or otherwise. It being expressly understood, however, that nothing in this instrument contained shall affect the right of the said Charles S. Fairchild or John A. Bartow to accept and receive the specific legacies of the capital stock of the Edison Electric Light Com- pany and the Celluloid Manufacturing Company in said will given to them. ^nb I, the Rev. William R. Huntington, for the purpose of signifying my approval of the appointments above made, do hereby join in the execution of this instrument. 3n tnitncsa toljetcof, we have hereunto set our hands and seals this twenty-third day of June, in the year of our Lord one thousand eight hundred and ninety. Jno. E. Parsons, [l.s.] John A. Bartow, [l.s.] Charles S. Fairchild, [l.s.] Wm. R. Huntington, [l.s.] LVII. EXTRACTS FROM THE WILL OF EZEKIEL J. DONNELL.* Will Dated i6 October, iSgj. Admitted to Probate in New York 6 February, i8 Recorded Liber 546 of Wills, Page 45. Article Sixth. The remainder of my estate and any other portions of said estate embraced under the provisions of this will, which would otherwise lapse, I give, devise and bequeath, upon the death of both my wife and daughter, to the children of my daughter then surviving and to the issue of such of said children as may have died; in equal shares. Article Seventh. In case no children of my said daughter, nor the issue of such children, shall survive my wife and daughter, then I give and devise, upon the death of my said wife and daughter, all of the estate mentioned in the Sixth clause or article of this will, to The New York Free Circulating Library, a Corporation incor- porated under an Act of the Legislature of the State of New York, passed April i8th, 1884, to be applied to the promotion of the beneficent purposes of said corporation. I direct that the estate so devised to the said New York Free Circulating Library be applied by said corporation to the erection of a fire proof *Mr. Donnell died 24 January, 1896. Letters testamentary were issued 6 February, 1896, to the United States Trust Company of New York, the execu- tor and trustee named in the will. 307 308 NEW YORK FREE CIRCULATING LIBRARY. building suitable and proper for the purposes of a Library, and a fit Memorial of my children as hereinafter mentioned, which building shall be supplied with books for free circulation, and '/shall be called and designated the Donnell Free Circulating \Library and Reading Room. And I direct that there shall be maintained therein a reading room, ample and commodious, which shall be open every day in the week to the public, without charge, from noon until ten o'clock in the evening, and in which young people can spend their evenings profitably away from demoralizing influences. I further direct that there 'shall be placed therein a suitable tablet stating that the building itself and the library contained therein, are erected and maintained as a memorial to my children, Alfred, Theodore, Grace and Florence T. Donnell. And my said wife and daughter haying expressed to me a desire to devise and bequeath for the same purpose certain portions of their property, I request and author- ize the said The New York Free Circulating Library to respect' the instructions of my said wife and daughter as to the design and construction of the said building, the selection of books and the management of said Library so far as the same shall be not inconsistent with the main purposes hereinbefore expressed. LVIII. CORRESPONDENCE AND RESOLUTION RELATING TO THE GIFT OF JACOB H. SCHIFF, TO ESTABLISH A "BOOK FUND." 1. Letter of Mr. Schiff. J. Frederic Kernochan, Esq., Chairman. November 23, 1896. My Dear Sir. — At the last meeting of the Trustees, I already indicated that it is my desire to withdraw from the Board, and I now hereby tender my resignation. I trust it will be fully understood that my interest in the success of the New York Free Circulating Library will remain, even after my withdrawal from its management. I have seen the Society grow from very small proportions to one, as it is now, of considerable size, and I feel that if it is to have the further growth which it should enjoy, and if it is to furnish the benefits and facilities which the people of the city have a right to expect from it, constant energetic and active work must be done by the Trustees. My own duties have become so manifold, that I feel I cannot do justice to the position of trustee. I believe that some young blood should be infused into the management, so that the Society may profit, as it needs, by the enthusiasm and aggres- siveness which can best be brought into its management by the election of younger men. 209 210 NEW YORK FREE CIRCULATING LIBRARY. At the last meeting, at which I was present, a desire was expressed that I continue to act as Treasurer. If, under the by-laws, it is possible that I do this, without being a trustee, I shall be glad to retain the treasurership ; if not, I trust tlje Trustees will find it convenient to appoint my successor at an early day. I desire to turn over to the Treasurer $5,000 in 5^ South & North Alabama Gold Bonds (Louisville & Nashville R.R. Main Line), to form the nucleus for a " Book-Fund," the income of which alone shall be used from time to time for the acquisition of new books, and I hope the Trustees will make an endeavor that this Fund shall be added to by others from time to time. Very truly yours, Jacob H. Schiff. Extract from the Minutes of the Board of Trustees OF The New York Free Circulating Library. 8 December, 1896. Kcsobeb that the thanks of the Board of Trustees of The New York Free Circulating Library be tendered to Mr. Jacob H. Schiff for his generous gift of $5,000 for the nucleus of a Book Fund which the Board accepts and agrees to use under the condition imposed by him, viz.: "the income alone from time to time for the acquisition of new books" and also that the Board gladly takes this occasion to thank him for his many services to the Library and for the many proofs of interest in its work which he has shown in the past.* *At the time of the consolidation with The New York Public Library, Astor, Lenox and Tilden Foundations, 25 February, 1901, this fund was invested in $5,000 South and North Alabama Railroad Company 5-per-cent. Gold Bonds. LIX. EXTRACTS FROM THE WILL OF SUSAN W. PROUDFIT ESTABLISHING "THE PROUDFIT FUND." Will Dated 25 September, i8go. Admitted to Probate in New York, 20 January, 1892. Recorded Liber 465 of Wills, Page 224. 13. In case my said brother Alexander M. Proudfit shall predecease me or shall die after me but before attaining an absolute interest in the corpus of the whole or part of my estate so bequeathed to him as aforesaid, then as to so much thereof the bequest of which will lapse by his death before attaining such absolute interest I make the following alterna- tive bequests to take effect only in the event of such lapse : ****** (L.) I give and bequeath to the New York Free Circulating Library the sum of Fifteen thousand Dollars ($15,000). It is my desire that the same shall be invested and known as " The Proudfit Fund " and the income only thereof to be used for the purposes of said Library.* * There was received from this legacy $2,797.50, the estate not being sufficient to pay the legacy in full. By the will of Alexander M. Proudfit there was be- queathed to The New York Free Circulating Library the further sum of $10,000; and at the date of the consolidation with The New York Public Library, Astor, Lenox and Tilden Foundations, this sum had been received and added to the sum received from the above legacy — making a total of $12,797.50 held as the " Proudfit Fund." (See infra page 217.) 311 LX. DEED BY JOSEPHINE A. JOHNSON OF THE PREMISES NO. 206 WEST looTH STREET, THE BLOOMING- DALE BRANCH LIBRARY SITE.* Dated 9 February, 1898. Recorded in New York Register's Office, 9 February, 1898. Liber 52 of Conveyances, Page 3, Section 7, Block 1832. OTfjis 3nbentnrc made the Ninth day of February in the year Eighteen hundred and ninety eight. 3etiseen Josephine A. Johnson of Orange, New Jersey, party of the first part, and " The New York Free Circulating Library," party of the second part. vDitnessett), That the said party of the first part, in consider- ation of the sum of Twelve thousand nine hundred dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the said party of the second part, its successors and assigns forever. 2111 that certain lot, piece or parcel of land situate, lying and being in the Borough of Manhattan in the City of New York, County and State of New York, and bounded and described as follows, viz. : ©eginninj at a point on the southerly side of One hundredth *The erection of the library building was begun in April 1898; it was com- pleted and the building opened to the public on November i, 1898. 212 'DEED OF NO. 206 WEST ONE HUNDREDTH STREET. 213 (100) Street distant one hundred and eighty (180) feet and one and one-half (i J^) inches easterly from the south-easterly corner of the Drive or Boulevard and One hundredth (loo) Street run- ning thence southerly and parallel with the Boulevard fifty three (53) feet and eight (8) inches more or less to the southerly line of lands of the party of the first part, as described in the deed to Joseph I. West, dated February 18, 1886, and recorded in the office of the Register of the county of New York in liber 1930 of Conveyances at page 258, thence in a southeasterly direction and along said southerly line in a straight line forty one (41) feet and seven and one half (7/^) inches more or less to the centre line of the old Bloomingdale Road, at a point thereon fifty five (55) feet Southeasterly from the southerly side of One hundredth (100) Street, as measured along said centre line of said road, thence northeasterly along said centre line of said Road fifty five (55) feet to the southerly side of One hundredth (100) Street, and thence Westerly along the said southerly side of said One Hundredth (100) Street forty three (43) feet to the point or place of beginning. 2lIeo the right title and interest of the said party of the first part in and to so much of One hundredth (100) Street as lies adjacent to and opposite to the said lots above described to the centre of said Street. ®OgCtl)ei: with the appurtenances and all the estate and rights of the party of the first part in and to said premises. ®0 l)Ot)e anb to t)0lb the above granted premises unto the said party of the second part and to its successors and assigns forever. 2lnb the said Josephine A. Johnson the aforesaid party of the first part does covenant with the said party of the second part as follows : Jirst.— That she the party of the first part is seized of the said premises in fee simple and has good right to convey the same. Saonb.— That the party of the second part shall quietly enjoy the said premises. 214 NE W YORK FREE CIRCULA TING LIBRAR Y. Si)irlr. — That the said premises are free from incumbrances. ifonrtt). — That she the party of the first part will execute or procure any further necessary assurance of the title to said premises. iFiftl). — That she the party of the first part will forever warrant the title to said premises. In tDitneea tol)a;eof, the said party of the first part has hereunto set her hand and seal the day and year first above written, Josephine A. Johnson (l.s.). LXI, EXTRACTS FROM THE WILL OF CHARLES H. CONTOIT. Will Dated g June, i886. Codicil I. Dated 15 March, 1887. Codicil II. Dated 17 January, 1893. Admitted to Probate in New York, 15 April, 18 Recorded Liber 590 of Wills, Page 173. Will. Articlk Fifth. All the rest, residue and remainder of my estate real and per- sonal of every nature, kind and description whatsoever and wheresoever situate I give, devise and bequeath to my Execu- tors and the survivor of them In Trust to sell and dispose of the same and convert the same into money and to divide and pay over the said money and the whole of said residuary estate to and among the following religious and charitable institutions 215 216 NE W YORK FREE CIRCULA TING LIBRAR Y. equally share and share alike to be applied to the objects and uses of such institutions, viz. : ****** Nineteenth. The New York Free Circulating Library.* * Mr. Contoit died 5 December 1897. The New York Free Circulating Library under his will was entitled to receive one-nineteenth of his residuary estate. At the time of the consolidation with The New York Public Library, Astor, Lenox and Tilden Foundations, 25 February, 1901, the " Charles H. Contoit Fund " was invested in the following securities: $10,000 Baltimore & Ohio First Mortgage 4-per-cent Bonds. $10,000 Oregon Railroad & Navigation Company 4-per-cent Bonds. $10,000 Norfolk & Western 4-per-cent Bonds. $15,000 Oregon Sbort Line Consolidated 5-per-cent Bonds. $17, 000 Central Pacific First Mortgage 4-per-cent Bonds. $20,000 Manhattan Railway 4-per-cent Bonds. $10,000 Atchison, Topeka & Santa Fe 4-per-cent Bonds. $8,000 Denver & Rio Grande 4-per-cent Bonds. $5,000 St. Louis, Iron Mountain & Southern Railway 5-per-cent Bonds. $5,000 Western New York & Pennsylvania Railroad 5-per-cent Bonds. $4,000 Louisville & Nashville Railroad United 4-per-cent Bonds. $4,000 Nashville, Chattanooga & St. Louis Railroad 5-per-cent Bonds. $14,000 Denver & Rio Grande 4X-per-cent Bonds. Subsequently to the consolidation a further and final payment was made of $5,511.98. LXII. EXTRACTS FROM THE WILL OF ALEXANDER M. PROUDFIT.* Will Dated 7 February, 1899. Admitted to Probate in New York, 17 April, 1899. Recorded Liber 617 op Wills, page 38. Article Fourth. Whereas my dear sister Susan W. Proudfit by her will dated the 25th day of September, 1890, made certain gifts and bequests to take effect in case she survived me, or in case I did not reach the age provided in her will for the termination of the trusts arranged by her for me, and since by reason of the fact that she did not survive me her estate is not suflBcient to make good the gift and bequests in her will contained, and I desire out of my great affection for her to carry out to some extent her wishes upon the conditions hereinafter set forth. Now 9. I give and bequeath to the New York Free Circulat- ing Library the sum of Ten thousand dollars (fro, 000). It is my desire that the same shall be invested and known as the Proudfit Fund and the income only thereof be used for the pur- poses of said library. *Alexander M. Proudfit died 10 February, 1899. In 1900 the legacy of $10,000 was paid. This sum was added to the fund of $2,797.50 received from the legacy of Susan W. Proudfit (see supra page 211). At the time of the consolidation with The New York Public Library, Astor, Lenox and Tilden Foundations, 25 February, 1901, this fund was invested in the following securities: $5,000 Western New York & Pennsylvania Railroad First Mortgage 5-per-cent. Bonds. $5,000 Central Pacific First Mortgage 4-per-cent. Bonds. $1,000 Denver & Rio Grande 4-per-cent. Bonds. $1,000 Denver & Rio Grande 4^-per-cent. Bonds. 217 LXIII. EXTRACTS FROM THE WILL OF HENRY T. DORTIC* Will Dated 8 August, 1900. Admitted to Probate in New York, 12 March, 1901. Recorded Liber 657 of Wills, page 69. Article Fifth. I give and bequeath a separate and distinct sum of Ttiree thousand (3,000) dollars to each of the following Institutions;— ****** (9) The Free Circulating Library of the City of New York. * Mr. Dortic died 14 November, 1900. Subsequently to the consolidation with The New York Public Library, Astor, Lenox and Tilden Foundations, the sum of $2,850 was received on account of this legacy and added to the Principal Account of the Department of Circulation of The New York Public Library. 318 LXIV. AGREEMENT OF CONSOLIDATION.* An Agreement to consolidate The New York Public Library, Astor, Lenox and Tilden Foundations, and The New York Free Circulating Library, into The New York Public Library, Astor, Lenox and Tilden Foundations. Dated ii January, 1901. Filed and Recorded in the offices of the Clerk of the City and County of New York and of the Secretary of State of New York, 23 February, 1901. ^^grecment, made this eleventh day of January in the year One thousand nine hundred and one, by and between the respective Boards of Trustees of the corporations known as "The New York Public Library, Astor, Lenox and Tilden Foundations," and "The New York Free Circulating Library. " tDI)ar6O0, The New York Public Library, Astor, Lenox and * At the time when this agreement was entered into, the Board of Trustees of The New York Free Circulating Library was composed of the following members : Frederic W. Stevens, Miss Amy Townsend, Mrs. J. Frederic Kernochan, Fred- rick W. Whitridge, Charles Scribner, Mrs. Herbert Parsons, J. Frederic Kerno- chan, Mrs. Charles F. Woerishoffer, Henry E. Howland, Jacob H. Schiff, Francis C. Huntington, Miss C. H. Patterson, Andrew Carnegie, Mrs. Francis C. Barlow, Mrs. Richard James Cross, William W. Appleton, Miss Florence Donnell, and James Loeb. At this date eleven library branches were conducted by the trustees of The New York Free Circulating Library. Five of these were conducted in library buildings at 49 Bond Street, 135 Second Avenue, 251 West 13th Street, 226 West 42d Street, and 206 West looth Street. Six branches were conducted in rented quarters at 22 East Broadway, 130 West 23d Street, 215 West 34th Street, 261 West 69th Street, 1523 Second Avenue, and 218 East 125th Street. In addition a department of travelling libraries, with numerous stations, was con. ducted. 319 330 NE W YORK FREE CIRCULA TING LIBRAR Y. Tilden Foundations, is a corporation organized under the Laws of the State of New York, by the consolidation of the three corporations l^nown as " The Trustees of the Astor Library," "The Trustees of the Lenox Library," and "The Tilden Trust," by agreement of consolidation duly executed by the trustees of the said three corporations, dated the 23d day of May, 1895, and by proceedings duly had for such consolidation, which said corporation has no members or stockholders other than its Trustees; and fiDl)er«a0, The New York Free Circulating Library is a cor- poration incorporated under Chapter 166 of the Laws of 1884 of the State of New York, which said corporation is not a stock company and has no stockholders, but has members other than its Trustees; and tDl)£r£OS, the said above-named corporations, being organized as library companies for the purpose of carrying on libraries in the City and County of New York, are desirous of consolidating with each other into a single corporation pursuant to the pro- visions of Chapter 541 of the Laws of 1892, being an act of the Legislature of the State of New York entitled "An Act to per- mit the consolidation of Library Companies in the City of New York, approved May 13, 1892, and the amendments thereto, and particularly as the same is amended by Chapter 209 of the Laws of 1895, being an Act of the Legislature of the State of New York entitled "An Act to amend Chapter 541 of the Laws of 1892 entitled an act to permit the consolidation of Library Companies in the City of New York":* Now, therefore, this agreement of consolidation witnesseth, as follows: i^irat. — The said several corporations shall be consolidated, and hereby are consolidated, into a single corporation. Scconb. — The terms and conditions of said consolidation are as follows: (i) The new corporation shall establish and maintain a free public library and reading room in the City of New York, with such branches for circulation and other purposes as may be * See supra, page 113. AGREEMENT OF CONSOLIDATION. 231 deemed advisable, and shall continue and promote the several objects and purposes set forth in the respective Acts of Incor- poration of " The Trustees of the Astor Library," " The Trus- tees of the Lenox Library," and " The Tilden Trust," as pro- vided in said agreement of consolidation dated May 23d, 1895, hereinbefore referred to; and of "The New York Free Circulat- ing Library." (2) All property, real or personal, now owned or possessed by The New York Free Circulating Library, and all property, real or personal, which shall hereafter come into the possession of the consolidated corporation hereby formed by virtue of any gift, bequest or devise to The New York Free Circulating Library as such, and the proceeds of any such property in case the same or any part thereof is sold or otherwise disposed of, and all profits increase or income of any such property shall (including both capital and income) be exclusively used for and applied to the free circulation of books, the maintenance of branch libraries and reading rooms, and the particular purposes set forth in the act of incorporation of The New York Free Circulating Library. (3) The corporation hereby created shall have no stock- holders, and no members other than its Trustees. (4) Nothing in this agreement contained shall be construed to prevent the corporation hereby created from selling or other- wise disposing of any property, real or personal, of which it may at any time be possessed. ®l)ir&. The mode of carrying this agreement into effect is as follows : Immediately upon the execution of this agreement, accom- panied by sworn copies of the proceedings of the meeting of the members of The New York Free Circulating Library, ratify- ing this agreement, duplicates or counterparts of this agree- ment and of the said proceedings of ratification shall be filed in the office of the Clerk of the County of New York and in the office of the Secretary of State. Thereafter, the first meeting of the Trustees of the new corporation shall be called by John L. Cadwalader, George L. Rives and Lewis Cass Ledyard, or 333 NEW YORK FREE CIRCULATING LIBRARY. any two of them, by giving a notice in person or by mail, ad- dressed to each Trustee at his place of residence, of the time and place of such meeting. The said Trustees, or a majority of them, being assembled, shall organize by the election of a President, one or more Vice-Presidents, a Treasurer and a Secre- tary, and of such other officers, if any, as shall be deemed necessary or proper; and the said Trustees, on behalf of the new corporation, shall thereupon receive, take over and enter into possession, custody and management of the existing libraries and of the said several corporations, parties hereto, and of all property, real or personal, owned by them, or either of them, of any description whatever. The several treasurers, superintendents, librarians or other persons having charge of any of the funds, books, works of art or other property, real or personal, of either of the said corporations, parties hereto, shall, on demand, deliver all property in their respective custody to the persons appointed by the Trustees of the new corporation to receive the same. The Board of Trustees of the said existing corporations, parties hereto, shall take such action as may be necessary for the purpose of transferring to the new corporation the title to all real estate, securities, and all other property of whatever kind or nature standing in their several names or owned by them respectively, and for that purpose, and for the purpose of ad- justing and closing the affairs of said corporations respectively, and the accounts of the respective officers thereof, the Boards of Trustees of the said corporations, parties hereto, may meet, notwithstanding the merger of said corporations in the new corporation hereby created, and carry out the purposes of this agreement. The Trustees of the said new corporation shall, as soon as may be, adopt suitable by-laws, which, among other things, shall (subject to the provisions of this agreement), provide for the manner of selection of new Trustees after the expiration of the first year, their respective terms of office and the manner of filling vacancies in the Board; shall fix and define the duties of the Trustees, the appointment of committees and the powers and duties thereof; the number, grade, duties, terms of office AGREEMENT OF CONSOLIDATION. 328 and compensation of the several persons employed by the new corporation ; and shall provide proper regulations for the invest- ment, safe keeping, management and expenditure of the funds of the corporation; and the said by-laws shall, moreover, pro- vide for the general custody, care, conduct and management of the affairs and property of said new corporation, and a method by which the said by-laws may be altered, amended or repealed. The said new corporation shall, by its by-laws or otherwise, make appropriate provisions with reference to the limitations, conditions or restrictions under which any of the funds or prop- erty of the said several corporations are now held or are to be used or enjoyed by the said several corporations, or any of them, in order that the same may be fully kept and observed. ifonrtl). The name of the new corporation is " The New York Public Library, Astor, Lenox and Tilden Foundations." iFiftl). The number of Trustees of the new corporation shall be twenty-one. SijEtl), The names of the Trustees who shall manage the con- cerns of the new corporation for the first year and until others shall be elected in their places are: Samuel P. Avery, Alexander Maitland, John Bigelow, Thomas M. Markoe, William Allen Butler, Stephen H. Olin, John L. Cadwalader, Alexander E. Orr, Andrew H. Green, Henry C. Potter, Daniel Huntington, George L. Rives, H. Van Rensselaer Kennedy, Philip Schuyler, John S. Kennedy, George W. Smith, Edward King, Frederick Sturges, Lewis Cass Ledyard, Charles Howland Russell, Bird S. Coler, Comptroller of the City of New York, ex officio. 3l1 raitneee roljcrcof, the several Boards of Trustees of the parties hereto, respectively, have caused the respective corporate seals of the said corporations to be affixed hereto in triplicate, and these presents to be attested by their respective presidents 234 NEW YORK FREE CIRCULATING LIBRARY. and secretaries thereunto duly authorized the day and year first above written.* The New York Public Library, AsTOR, Lenox and Tilden Foundations: (corporate seal.) By John Bigelow, Attest : President. G. L. Rives, Secretary. The New York Free Circulating Library, (corporate seal.) By J. Frederic Kernochan, Attest: President. Francis C. Huntington, Secretary. * The New York Free Circulating Library having members other than its trustees, the foregoing agreement of consolidation was ratified by a vote of more than two-thirds of the members of the corporation, present and voting in person or by proxy at a meeting of the members of the corporation duly called and held, as required by Chapter 541 of the Laws of i8g2 as amended. A sworn copy of the proceedings of such meeting, made by the Secretary of The New York Free Circulating Library, is attached to the agreement and is filed and recorded with it. act permlttina Convei^ance ant) transfer of tbe property of Xlbrari? Corporatione in tbe Cxt^ of mew ^ov\{ to Hbe IRew ^ovU public Xibrar^, Hetor, Xenoy anb Itil^en 3founbations. LXV. An Act to permit library corporations in the city of New York to convey their property to the New York public library, Astor, Lenox and Tilden foundations. Passed 6 March igoi. Laws of igoi, Chapter 57. The People of the State of New York, represented in Senate and Assembly, do enact as follows : 0ection i. Any corporation now or hereafter organized under the laws of the state of New York and maintaining or carrying on a library in the city of New York is hereby authorized and empowered to grant, convey, assign and transfer all real and per- sonal property of which it may be seized or possessed to the New York public library, Astor, Lenox and Tilden foundations, upon such terms, conditions or limitations as may be agreed upon between the two institutions. Section ii. If the library corporation so conveying its prop- erty shall have members other than its directors or trustees, no conveyance shall be made under authority of this act, unless the same is assented to by at least two-thirds of the members. Such assent may be evidenced by an instrument in writing, signed by the members and acknowledged as a conveyance of real estate. It may also be evidenced by a vote of such mem- bers voting in person or by proxy at a meeting of the members of such corporation to be called on a notice of at least thirty days, specifying the time, place and object of such meeting, 32? 328 ACT OF MARCH 6, igoi. mailed post-paid to each member whose place of residence is known to the secretary, and published at least once in each week for four successive weeks in a newspaper published in the city of New York. A sworn statement by the secretary as to the members of such corporation, or as to the proceedings of any such meeting shall be evidence of all the facts set forth in such statement, and of the holding and of the action of any such meeting. Section iii. The regents of the university of the state of New York upon being satisfied that any such library corporation has conveyed all its property to the said New York public library, Astor, Lenox and Tilden foundations, under the authority of this act may accept a surrender of the charter of the library corporation so conveying its property, and forever discharge its directors or trustees from their trusts in the premises. Section it). The said New York public library, Astor, Lenox and Tilden foundations shall have power to hold and enjoy the property so conveyed to it, and shall have power to dispose of the same. Any devise or bequest contained in any last will and testament made to any corporation conveying its property under authority of this act, whether made before or after such convey- ance, shall not fail by reason of such conveyance, but the same shall enure to the benefit of the said New York public library, Astor, Lenox and Tilden foundations. Settion ». Notwithstanding such conveyance and transfer, all and singular the obligations of such corporation so convey- ing or transferring its said property shall remain in full force, and the said New York public library, Astor, Lenox and Tilden foundations shall be liable upon all contracts made by said cor- poration to the extent of the value of the property received from any such corporation. Section Oi. This act shall take effect immediately. 2)ocument0 IRclatino to tbe (Bift of anbrew CarncQie. LXVI. CORRESPONDENCE RELATING TO THE GIFT OF ANDREW CARNEGIE. 1. Letter of Mr. Carnegie. New York, 12th March, 1901. Dr. J. S. Billings, ^Director, New York Public Library. Dear Mr. Billings: Our conferences upon the needs of Greater New York for Branch Libraries to reach the masses of the people in every dis- trict have convinced me of the wisdom of your plans. Sixty-five branches strike one at first as a large order, but as other cities have found one necessary for every sixty or seventy thousand of population the number is not excessive. You estimate the average cost of these libraries at, say, $80,000 each, being $5,200,000 for all. If New York will furnish sites for these Branches for the special benefit of the masses of the people, as it has done for the Central Library, and also agree in satisfactory form to provide for their maintenance as built, I should esteem it a rare privilege to be permitted to furnish the money as needed for the buildings, say $5,200,000. Sixty-five libraries at one stroke probably breaks the record, but this is the day of big operations and New York is soon to be the big- gest of cities. Very truly yours, Andrew Carnegie. 231 233 GIFT OF ANDRE W CARNEGIE. a. Letter to the Mayor transmitting the offer of Andrew Carnegie. the trustees of the new YORK PUBLIC LIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS. OFFICE OF THE SECRETARY 32 NASSAU STREET. New York, 15th March, 1901. Hon. Robert A. Van Wyck, Mayor, &c., &c. Dear Sir: By direction of the Board of Trustees of The New York Public Library, Astor, Lenox and Tilden Foundations, I have the honor to hand you herewith a copy of a letter which we received, through our Director Dr. John S. Billings, from Mr. Andrew Carnegie, on the 13th inst. , the day of his sailing for Europe. You will observe that Mr. Carnegie offers to bear the expense of building a large number of branch libraries, at an estimated total cost of five million, two hundred thousand dollars, pro- vided the City will furnish the necessary land, and provided satisfactory arrangements can be made for the maintenance of these branches. There are no other conditions. I am instructed to say that if the City authorities look with favor upon the general plan, our Board of Trustees will hold itself in readiness to co-operate, in every way possible, in fur- thering the beneficent purposes which are the object of Mr. Carnegie's munificent offer. It is understood that Mr. Carnegie's offer is intended to apply to the entire City. The methods and agencies of administering branches in Boroughs other than Manhattan and The Bronx, may well be left to be settled hereafter. I am further instructed to say that, in communicating Mr. CORRESPONDENCE. 238 Carnegie's proposal to our Board, Dr. Billings accompaniea it with the following statement: "In the conferences referred to by Mr. Carnegie, the suggestions which I have made have related mainly to a free public library system for the Boroughs of Manhattan and the Bronx. " I have stated that such a system should include the great central reference library on 42d Street and sth Ave- nue, about 40 branch libraries for circulation, small distrib- uting centres in those public school buildings which are adapted to such purpose, and a large traveling library sys- tem operated from the central building. Each of the branch libraries should contain reading rooms for from 50 to 100 adults, and for from 75 to 125 children, and in these reading rooms should be about 500 volumes of encyclopae- dias, dictionaries, atlases and large and important reference books. There should be ample telephone and delivery arrangements between the branches and the central library. To establish this system would require at least five years. The average cost of the branch libraries I estimated at from $75,000 to $125,000 including sites and equipment. The cost of maintaining the system when completed, I estimated at $500,000 per year. The circulation of books for home use alone in these Boroughs should amount to more than 5,000,000 of volumes per year, and there should be at least 500,000 volumes in the circulation department, with addi- tions of new books and to replace worn-out books of at least 40,000 per year. " With regard to the other Boroughs of Greater New York, I have made no special plans or estimates, but have said that about 25 libraries would be required for them. "The following are some of the data which I have fur- nished Mr. Carnegie. The population figures are those of the last census. "Boston, with 560,892 people, has 15 branch libraries and reading rooms and 14 delivery stations, and appro- priates $288,641 for library purposes, being at the rate of over 50 cents per head of population, and of about 2 5/10 234 GIFT OF ANDREW CARNEGIE. one-hundredths of one per cent, on the assessed value of property. "Chicago has 1,698,575 people, 6 branch libraries and 60 delivery stations, besides stations in the public schools, and appropriates $263,397 for library purposes, being at the rate of 15 5/10 cents per head of population, and seven one-hundredths of one per cent, of the assessed value of property. " Buffalo has 352,387 people, and appropriates $145,238 for library purposes, being at the rate of 41 cents per head of population, and five one-hundredths of one per cent, on the assessed value of property. " New York City (Borough of Manhattan and the Bronx), has 2,050,600 population, and appropriates $183,935 ^o'' library purposes, being at the rate of 8 9/10 cents per head of population, and 6/10 one-hundredths of one per cent, on the assessed value of property. " Greater New York has 3,437,202 population, and appro- priates $299,663 for library purposes, being at the rate of 8 4/10 cents per head of population, and 8/10 one-hun- dredths of one per cent, on the assessed value of property. "The contract made by the City of Buffalo with the Buffalo Public Library under the provisions of Chapter 16 of the Laws of 1897 of the State of New York, is worth careful examination in connection with the question of how best to provide for maintenance of a free public library system for New York City." I am Very respectfully yours, G. L. Rives, Secretary. LXVII. An Act to authorize and empower the city of New- York to establish and maintain a free pubHc Hbrary system. Passed April 26, 1901. Laws of 1901, Chapter 580. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section i. An offer having been made by Andrew Carnegie, esquire, of the city of New York, to furnish the money which may be needed for the erection of buildings for free branch libraries for circulation in the city of New York, estimated to cost the sum of five million two hundred thousand dollars pro- vided that the said city will furnish the necessary sites for said branch library buildings, and also agree in satisfactory form to provide for the maintenance of said buildings when built, the board of estimate and apportionment of the city of New York is hereby authorized and empowered in its discretion to acquire title to sites for free branch public libraries for circulation, when approved by the person or corporation with whom a con- tract is made for the erection of a building thereon as provided in the next section of this act. Such sites so selected and located shall be and are hereby set apart for the purposes of the buildings to be erected thereon and for use as free branch public libraries for circulation with reading rooms and other necessary accommodations. The said board of estimate and apportion- ment shall have power in its discretion, to acquire the said sites or any of them, by gift or by purchase and to agree upon the 235 236 GIFT OF ANDREW CARNEGIE. purchase price of the lands or interests therein from time to time so selected and located and the said board of estimate and apportionment shall also have power in its discretion, to acquire title to the said sites or any of them by condemnation proceed- ings in the manner provided by chapter twenty-one of the Greater New York charter. And the said board of estimate and apportionment of the city of New York shall have power in its discretion by a resolution passed by the unanimous vote of the members of said board, and also approved by the unanimous vote of the board of commissioners of the sinking fund of the city of New York, and by the person or corporation with whom a contract is made for the erection of a building thereon as pro- vided in the next section of this act, to authorize the use for the purposes of the erection and maintenance of said free branch public libraries of any real estate belonging to the city of New York and which is not required for other public purposes, and upon the passage of the said resolution by the said board of estimate and apportionment, when approved as aforesaid, the said real estate therein described shall be and is hereby set apart for the purposes of the erection and maintenance of the said buildings of said free branch public libraries. Section ii. The board of estimate and apportionment of the city of New York is hereby authorized in its discretion to make and enter into contracts with the said Andrew Carnegie or with any person or persons designated by him or with his personal rep- resentatives, or with any corporation or corporations approved by him or them having lawful authority to construct and main- tain free libraries which contracts may provide for the erection and equipment, without cost to the city of New York of library buildings upon the sites so acquired, or upon other sites now possessed or which may be possessed by such corporation or by the city of New York. Every such contract with the said cor- poration shall provide for the use and occupation of the build- ings thereafter erected, in compliance with the terms of such contract by the corporation by which such contract is made, and for the establishment and maintenance in each of them of a free branch public circulating library and reading room and every such contract may provide that such use and occupation shall ACT OF APRIL 26, iqot. 337 continue so long as the said corporation witii which it is made shall maintain such free branch public libraries and reading rooms upon the said sites respectively. 0«cticm iii. The said board of estimate and apportionment is further authorized and empowered in its discretion, and in such manner as may seem to it advisable to provide in such contracts for the maintenance of a public library system in the city of New York, including therein the maintenance of any, or all of the free public libraries now existing in said city which have heretofore been maintained in whole or in part by the public funds of the said city, and also for the maintenance of the branch libraries to be erected as hereinbefore provided, and of travelling libraries within said city. The amounts required for such maintenance shall constitute a city charge to be provided for in the annual budget and tax levy of said city. The contracts to be made under the authority conferred by this act may provide for the maintenance of the libraries on such sites as rapidly as the same are obtained, and library buildings are constructed thereon pursuant to the provisions of this act, and for the maintenance of such other branches or reading rooms or circulating or trav- elling libraries as are herein above referred to. Section it). For the purpose of carrying out the provisions of this act and for paying the expenses of the acquisition of the sites and conducting the proceedings for the condemnation thereof, it shall be the duty of the comptroller of the city of New York on being thereunto authorized by the said board of estimate and apportionment, to issue and sell the corporate stock of the city of New York in such amounts as may be necessary, and at such a rate of interest as may be fixed by said comptroller. No consent or approval of the municipal assembly nor of any board other than the said board of estimate and apportionment shall be necessary to authorize the comptroller to issue such stock for the purposes of this act. geriion U. This act shall take effect immediately. LXVIII. AGREEMENTS WITH THE CITY OF NEW YORK RE- LATING TO THE GIFT OF ANDREW CARNEGIE AND THE ACQUISITION OF SITES FOR FREE BRANCH LIBRARIES. 1. 9[|)is *^gr£ement, made and concluded this Seventeenth day of July, in the year one thousand nine hundred and one, by and between The City of New York, by the Board of Estimate and Apportionment of said City, party of the first part, and The New York Public Library, Astor, Lenox and Tilden Foundations, party of the second part, Witnesseth : toljereas, Andrew Carnegie, of the City of New York, has heretofore offered to furnish the funds necessary for the erection of buildings for 65 free branch libraries for circulation in the City of New York, estimated in all to cost the sum of five million two hundred thousand dollars ($5,200,000), being an average cost of $80,000 each, provided the City of New York would furnish the necessary sites for such buildings and agree in satisfactory form to provide for the maintenance of said branches when completed, and tDI)Crea0, by an Act of the Legislature of the State of New York, approved April 26, 1901, entitled "An Act to authorize " and empower the city of New York to establish and maintain " a free public library system," being Chapter 580 of the Laws of 1901,* the Board of Estimate and Apportionment of the City of New York is authorized in its discretion to acquire title by * See supra, page 235. 238 AGREEMENTS WITH THE CITY OF NEW YORK. 339 gift, condemnation or purchase to sites for free branch public libraries for circulation, with the approval of the person or cor- poration with whom the contract is made, for the erection of buildings thereon ; and whereby such Board is further em- powered upon the terms and conditions imposed in said act to authorize the use of any real estate belonging to the City of New York which is not required for other public purposes, for the maintenance and erection of said free public branches; and by which act the said Board of Estimate and Apportionment is further authorized in its discretion to make and enter into contracts with said Andrew Carnegie, or with any person or persons designated by him or with his personal repre- sentative, or with any corporation or corporations approved by him or them having lawful authority to construct and maintain free libraries, for the erection and equipment without cost to the City of New York of library buildings upon such sites so to be acquired, or upon sites now possessed or which may hereafter be possessed by any corporation with which such contract is made, or by the City of New York, and which Board of Estimate and Apportionment is further authorized to provide in such contracts for the maintenance of a public library system in the City of New York, including therein the maintenance of any or all of the free public libraries now existing in said city which have heretofore been maintained in whole or in part by the public funds of said city, as well as for the maintenance of said branch libraries so to be erected as hereinbefore provided, and of travelling libraries, which amounts required for maintenance shall constitute a city charge to be provided for in the annual budget and tax levy of said City of New York, and which con- tracts may provide for the maintenance of the libraries to be constructed on such sites as rapidly as the same may be obtained and library buildings are erected thereon ; and ti)l)ereos, it is not at the present time deemed expedient by the parties hereto to avail of so much of said act of the Legisla- ture as relates to the incorporation in this agreement of provi- sions for the support of free public libraries now existing in said City which have heretofore been maintained in whole or in part by the public funds of said City, but rather to leave that subject 340 GIFT OF ANDREW CARNEGIE. to be disposed of as the same may from time to time arise here- after; and ti)t)er£as, the said The New York Public Library, Astor, Lenox and Tilden Foundations has been approved by said Andrew Carnegie, as provided in said act, and duly designated by him as his agent for the purpose of this agreement, and has lawful authority to construct and maintain free libraries in the City of New York ; and tDljercas, it is desired by the said party of the first part to avail of the offer of said Andrew Carnegie upon the terms pro- vided in said act of the Legislature hereinabove referred to, and upon the terms and in the manner herein set forth. NotD, tljereforE, it is agrceb between the said parties hereto as follows, viz : iFirSt : The party of the first part shall proceed to acquire title by gift, purchase or by condemnation, as provided in said Act hereinbefore referred to, to such sites as shall be necessary in the Boroughs of Manhattan, The Bronx and Richmond, for the purpose of the erection and maintenance thereon of free branch public libraries, on the approval in each case of the said The New York Public Library, Astor, Lenox and Tilden Founda- tions, which sites so to be selected and approved shall not, un- less by mutual consent, exceed in number forty-two in the said Boroughs of Manhattan, The Bronx and Richmond, the propor- tion of said Sixty-five Libraries allotted to said Boroughs; and the said Board of Estimate and Apportionment of the City of New York, by resolution adopted by the unanimous vote of said Board and approved by the unanimous vote of the Commission- ers of the Sinking Fund of the City of New York, and on the approval in each case of The New York Public Library, Astor, Lenox and Tilden Foundations, may authorize the use of any real estate belonging to said City of New York, which is not re- quired for other public purposes for the purpose of such erection and maintenance; and further provided that any site now pos- sessed or hereafter acquired by the said The New York Public Library, Astor, Lenox and Tilden Foundations, may, with the approval of the said Board of Estimate and Apportionment, be AGREEMENTS WITH THE CITY OF NEW YORK. 341 used as a site for the erection and maintenance of such branch public libraries as aforesaid. 0econb : The New York Public Library, Astor, Lenox and Tilden Foundations, shall, upon the acquisition of title to any site so approved as aforesaid, or upon the passage of resolutions as aforesaid by the unanimous vote of the members of the Board of Estimate and Apportionment and of the said Commissioners of the Sinking Fund, authorizing the use of any real estate of the City of New York, not required for other public purposes, or upon the approval of the Board of Estimate and Apportion- ment of any site now possessed or which may hereafter be pos- sessed or acquired by the party of the second part, proceed with the erection and equipment of library buildings thereon, without cost to the City of New York, and shall complete the same with funds so to be contributed by Andrew Carnegie as aforesaid ; provided, however, that the said The New York Public Library, Astor, Lenox and Tilden Foundations, shall not be required to, nor shall it, without the consent of the said Board of Estimate and Apportionment, commence the erection and equipment of a larger number than ten library buildings upon sites furnished by the City of New York in the Boroughs of Manhattan, The Bronx and Richmond, in any single calendar year under the provisions hereof, and not to exceed forty-two branch library buildings in all in the Boroughs of Manhattan, The Bronx and Richmond. Such sites and each of them and the buildings thereon when com- pleted shall be devoted to the maintenance of free branch public circulating libraries and reading-rooms, and the same and each of the same are hereby set apart for use as free branch public libraries for circulation ; and the said party of the first part does hereby grant, demise and let unto the said The New York Public Library, Astor, Lenox and Tilden Foundations and its succes- sors, on the erection of such buildings in each case, the land or real estate so acquired for sites, and the said land or real estate, the use of which shall have been authorized by the said Board of Estimate and Apportionment and the Commissioners of the Sinking Fund of the City of New York, which is not required for any other public purpose, with all improvements upon the same or any of the same, together with the appurtenances ; to have 342 GIFT OF ANDREW CARNEGIE. AND TO HOLD the Same in each case unto the said party of the sec- ond part and its successors so long as the said party of the second part and its successors shall continue to maintain upon the same respectively free branch public libraries and reading-rooms, and so long as the said party of the second part and its successors shall keep, perform and observe the covenants and conditions herein contained on its part to be kept, performed and observed. ®l)ir& : The party of the second part agrees forthwith upon the acquisition of any site by the City of New York when ap- proved as hereinbefore provided, or when the use of any real estate belonging to the City of New York which is not required for any other public purposes, shall have been duly granted as afore- said, when approved by the party of the second part, or upon the approval of any site now possessed or to be hereafter possessed by the party of the second part by the Board of Estimate and Apportionment of the City of New York as a site for a free public library for circulation within the meaning of the above- mentioned act, to proceed to erect upon the same respectively branch libraries for circulation, and to equip the same, the ex- pense thereof to be paid from funds to be furnished by Andrew Carnegie, and without cost to the City of New York ; and the party of the second part further agrees to complete the same as soon as possible, and thereafter to conduct and carry on in the same respectively, with funds to be provided by the party of the first part as hereinafter provided, free public libraries for circu- lation with reading rooms, and to devote the same to the use of the public. ifoMttll : The party of the first part further agrees adequately to provide for the maintenance of the free public branch libra- ries to be erected pursuant to this agreement, and of travelling libraries, in said city, and to that end to provide in each year in the annual budget and tax levy of said city a sum not less than ten per centum of the amount expended by said Andrew Car- negie under the provisions of said Act, which sum shall be expended for the maintenance of the branch libraries to be here- after constructed pursuant to this contract, which maintenance shall be provided for said libraries to be hereafter constructed as rapidly as the same are obtained ; and in case a library build- AGREEMENTS WITH THE CITY OF NEW YORK. 248 ingis under construction, maintenance may be provided therefor, to commence when constructed ; and provided, further, that the obligation hereby assumed by the party of the first part to pro- vide for such maintenance a sum not less than ten per centum of the amount so expended by said Andrew Carnegie, shall not be taken to limit the right of said Board of Estimate and Appor- tionment to appropriate for such maintenance any larger sum if, in its discretion, additional appropriations should be required. ififtl) : The party of the second part further agrees that such amounts so to be appropriated in each year for the maintenance of a free public library system in the Boroughs of Manhattan, The Bronx and Richmond shall be applied solely to the mainte- nance of the several branch public libraries for circulation con- structed therein pursuant to the terms of this agreement. Sixtl) : It is further agreed that the said several branch libraries which may be constructed pursuant to the provisions of said act, and each of thein, shall be accessible at all reasonable hours and times, free of expense, to the persons resorting thereto, subject only to such reasonable control and regulation as the party of the second part, its successors or successor, from time to time may exercise and establish for general convenience ; pro- vided, further, that the lending, delivery and one or more reading rooms in each of said library buildings shall be open and acces- sible to the public upon every day of the week except Sunday, but including all legal holidays, from at least nine o'clock a.m. to at least nine o'clock p.m., under such rules and regulations as the said party of the second part shall prescribe from time to time, and on Sundays such parts of any of such libraries may be opened in such manner and during such hours as may be from time to time agreed upon between the said Board of Estimate and Appor- tionment and said The New York Public Library, Astor, Lenox and Tilden foundations. Sieocntl) : The books contained in said several libraries which shall be purchased with funds provided by said Andrew Carnegie or by funds hereafter provided by the City of New York shall be and remain the property of the City of New York and shall be marked plainly as such,Wnd the authorities of the City of New 344 GIFT OF ANDREW CARNEGIE. York shall have at all times access to every part of said library buildings and libraries and each of them, for general police visitation and supervision, and also for the purpose of the per- formance of the duties devolving upon them by the laws of the State of New York now or hereafter to be enacted, and the police powers exercised by the said City of New York shall extend in, through and over the said buildings and each of them. The party of the second part, however, shall appoint, direct, control and remove all persons employed within the said buildings respectively and in the care of the same. All fines to be exacted from any person or persons shall be retained by the party of the second part, applied to the business of circulation and duly accounted for in its accounts. All balances of annual appropriations made by the party of the first part and not duly expended by the party of the second part for the maintenance of such libraries during the calendar years for which such appropriations shall have been made, shall be accounted for and paid by the said party of the second part to the Comptroller of the City of New York, to be deposited to the credit of the general fund for the reduction of taxation, within sixty days after the expiration of each of such calendar years. SigtitI) : The City shall annually, in addition to the provision for maintenance heretofore provided for, provide funds for the repair of the several buildings located upon sites owned by or furnished by the City. The City, in addition, shall at all times furnish a supply of water, and, with the limitations already defined, the party of the second part shall exercise direction and management over the affairs of the several library buildings, and the books, collections, and appurtenances. Nintl) : It is further agreed that this agreement may be wholly cancelled or annulled, or from time to time altered or modified, as to any one or more of the library buildings hereafter to be constructed or owned or for which maintenance is provided under the provisions of this agreement, as may be agreed upon in writing between the parties hereto or their successors, any- thing herein to the contrary notwithstanding. Sentl) : That the said party of the second part shall on or AGREEMENTS WITH THE CITY OF NEW YORK. 345 before the first day of May in every year during the continuance of this agreement submit to the party of the first part, its suc- cessor or successors, a detailed report of the transactions of the party of the second part, to and including the 31st day of December of the year preceding. 3n tDitncBB juljcrcof, the party of the first part has caused this agreement to be executed by the Board of Estimate and Appor- tionment pursuant to a resolution adopted at a meeting held on the seventeenth day of July, 1901, and the party of the second part has caused this agreement to be executed by its President, and its official seal to be hereto affixed pursuant to resolutions of the Trustees of The New York Public Library, Astor, Lenox and Tilden Foundations, and adopted at a meeting held on the 29th day of May, 1901. RoBT. A. Van Wyck, Mayor. Bird S. Coler, Comptroller . John Whalen, Corporation Counsel. Randolph Guggenheimer, President of the Council. Thos. L. Feitner, President of the Department of Taxes and Assessments. The New York Public Library, Astor, Lenox and Tilden Foundations: By John Bigelow, President. (corporate seal.) Attest : G. L. Rives, Secretary. This contract seems to me in every respect admirable, and is heartily approved. Andrew Carnegie. Skibo Castle, June 24th, 1901. 246 GIFT OF ANDREW CARNEGIE. Ws\\^ i^grcement, made and concluded the 26th day of March, in the year one thousand nine hundred and two, by and between The City of New York, by the Board of Estimate and Appor- tionment of said City, party of the first part, and The New York Public Library, Astor, Lenox and Tilden Foundations, party of the second part, Witnesseth: tX)l)ere(lS, an agreement* was heretofore made and concluded between the parties hereto, bearing date of July seventeenth, in the year one thousand nine hundred and one, in relation to the offer of Andrew Carnegie to furnish the funds necessary for the erection of buildings for sixty-five free branch libraries for cir- culation in the City of New York, estimated in all to cost the sum of five million two hundred thousand dollars ($5,200,000), being an average cost of $80,000 each, provided the City of New York would furnish the necessary sites for such buildings and agree to provide for the maintenance of such branches when completed, and which said agreement was made by and between the said parties hereto in pursuance of the provisions of an Act of the Legislature of the State of New York, approved April 26, 1901, entitled "An Act to authorize and empower the city of New York to establish and maintain a free public library system," being chapter sSoof the Laws of 1901,** and by which said agree- ment it was agreed between the said parties hereto, among other things, by the First Article of the said agreement, that the party of the first part hereto shall proceed to acquire title by gift, pur- chase, or by condemnation, as provided in said Act, to such sites as shall be necessary in the Boroughs of Manhattan, The Bronx, and Richmond, for the purpose of the erection and maintenance thereon of free branch public libraries, on the approval in each case of the said The New York Public Library, Astor, Lenox and Tilden Foundations, which sites so to be selected and approved shall not, unless by mutual consent, exceed in number forty-two in the said Boroughs of Manhattan, The Bronx and * See supra, page 238. ** See supra, page 235. AGREEMENTS WITH THE CITY OF NEW YORK. 247 Richmond, the proportion of said sixty-five libraries allotted to said Boroughs; and tol)e«aa, the parties hereto believe that, in view of the sparsely settled condition of certain parts of the said Boroughs of Manhat- tan, The Bronx and Richmond, it would be of great benefit to the public that some of the free branch libraries to be erected in those Boroughs should be small buildings costing consider- ably less than |8o,ooo each for their erection and equipment, and that the number of sites which may be selected and approved as aforesaid for free branch libraries in the said Boroughs should therefore be increased from forty-two to fifty, it being under- stood, however, that in such event the aggregate sum to be fur- nished by the said Andrew Carnegie for the erection and equip- ment of the said fifty free branch libraries in the said Boroughs shall not exceed the sum contemplated in and by the said agree- ment of July seventeenth, 1901, to be expended for the erection and equipment of free branch libraries upon forty- two sites; and Wtiereas, the parties hereto, for the purposes aforesaid, have agreed by mutual consent that the number of sites which may be selected and approved for free branch libraries in the said Boroughs of Manhattan, The Bronx and Richmond may be increased in number from forty-two to not exceeding fifty as aforesaid, and the said increase has been approved by the said Andrew Carnegie; NoiD, tl)erefore, it i0 tnntnallB consentetr onb agrccir by and between the said parties hereto as follows, namely: That the said Contract of July 17th, 1901, is hereby amended so as to permit the selection of not to exceed fifty sites in the Boroughs of Manhattan, The Bronx and Richmond, instead of forty-two as therein recited, provided that the aggregate cost of the erection and equipment of free branch libraries upon all of the said fifty sites in the said Boroughs of Manhattan, The Bronx and Richmond shall not exceed the sum contemplated in and by the said agreement of July 17th, 1901, to be expended for the erection and equipment of free branch libraries upon forty-two sites. Jn roitnesa roljcreof, the party of the first part has caused this agreement to be executed by the Board of Estimate and Appor- 248 GIFT OF ANDREW CARNEGIE. tionment pursuant to a resolution adopted at a meeting held on the 25th day of March, 1902, and the party of the second part has caused this agreement to be executed by its President and its official seal to be hereto affixed pursuant to a resolution of the Trustees of The New York Public Library, Astor, Lenox and Tilden Foundations, adopted at a meeting held on the 12th day of March, 1902. Seth Low, Mayor. Edward M. Grout, Comptroller. C. V. FORNES, President of the Board of Aldermen. Jacob A. Cantor, President of the Borough of Manhattan. J. Edw. Swanstrom, President of the Borough of Brooklyn. Louis F. Haffen, President of the Borough of The Bronx. Jos. Cassidy, President of the Borough of Queens. George Cromwell, President of the Borough of Richmond. The New York Public Library, AsTOR, Lenox and Tilden Foundations: By John Bigelow, President. (corporate seal.) Attest: Charles Rowland Russell, Secretary. Approved. Andrew Carnegie, New York, March 12, 1902. LXIX. AGREEMENT WITH THE ARCHITECTS RELATING TO THE ERECTION OF FREE BRANCH LIBRARY BUILDINGS. !a.rtidcs of mv^. LXXI CHARTER OF ST. AGNES FREE LIBRARY.* Dated 5 June, 1894. Recorded in the Office of the Regents of the Uni- versity OF the State of New York, 5 June, 1894. University of the State of New York. Charter of St. Agnes Free Library. wifereaB, a petition for incorporation as an institution of the University has been duly received, and Ujljercaa, official inspection shows that suitable provision has been made for buildings, furniture, equipment and for proper maintenance, and that all other prescribed requirements have been fully met. ®l)ercfore, being satisfied that public interests will be pro- moted by such incorporation, the Regents by virtue of the authority conferred on them by law hereby incorporate Win- field Poillon, William B. Harrison, Thomas Watson Ball, Isaac B. Newcombe, Edward A. Bradley and their successors in office, under the corporate name of St. Agnes Free Library, with all powers, privileges and duties, and subject to all limitations and restrictions prescribed for such corporations by law or by the ordinances of the University of the State of New York. The first trustees of said corporation shall be the above named incor- * St. Agnes Free Library was incorporated under the provisions of ' ' The Uni- versity Law," being Chapter 378 of the Laws of 1892. 359 260 ST. AGNES FREE LIBRARY. porators, and their successors shall be elected by the corporation one each year to serve five years. This corporation shall be located in the city of New York. 3n toitneos tDI)ereof the Regents grant this charter No. 804, under the seal of the University, at the capitol in Albany June 5, 1894. (seal of the university.) Anson Judd Upson, Chancellor. Melvil Dewey, Secretary. LXXII. DEED OF TRANSFER TO THE NEW YORK PUBLIC LIBRARY.* Dated i August, 1901. KnotD all men bg tljesc presents, that tol)erea6 St. Agnes' Library is a corporation organized under the laws of the State of New York, maintaining and carrying on a library in the City of New York having no members other than its directors or trustees; and tiH)eXeaB by Chapter 57 of the Laws of 1901 of the State of New York, entitled "An Act to permit library corporations in the City of New York to convey their property to The New York Public Library, Astor, Lenox and Tilden Foundations,"** any corporation organized under the laws of the State of New York and maintaining and carrying on a library in the City of New York was authorized and empowered to grant, convey, assign and transfer all real and personal property of which it * The Regents of the University of the State of New York approved of the trans- fer, and accepted the surrender of the Charter of St. Agnes Free Library on 19 December, 1901. At the time of the transfer the trustees of St. Agnes Free Library were : Robert Appleton, William M. K. Olcott, F. H. Hitchcock, W. W. Appleton, and Bird S. Coler. The library was located at that time in rented quarters at No. 2279 Broadway, near 82nd Street. ** See supra, page 227. 261 263 ST. AGNES FREE LIBRARY. might be seized or possessed to The New York Public Lib- rary, Astor, Lenox and Tilden Foundations ; — and toljcreas the said St. Agnes' Library is desirous of conveying all its property to the said The New York Public Library, Astor, Lenox and Tilden Foundations^ — NotD, ttjcrefore, knoro gc That the said St. Agnes' Library in consideration of the premises and of one dollar to it in hand paid receipt whereof is hereby acknowledged, by virtue of the power and authority conferred upon it by the said Act of the Legislature of the State of New York, and of all other power and authority by it possessed, does hereby grant, con- vey, assign and transfer all real and personal property of which it is or may be seized or possessed to the said The New York Public Library, Astor, Lenox and Tilden Foundations, So t)ttt)e Otlb to Ijolb the same to the said The New York Public Library, Astor, Lenox and Tilden Foundations, its successors and assigns forever. Jfn toitnCBS ttJIjereof the said St. Agnes' Library has caused its seal to be hereunto affixed, and these presents to be attested by its proper officers this first day of August in the year one thousand nine hundred and one. Robert Appleton, (seal.) President St. Agnes Library. Frederick H. Hitchcock, (seal.) Secretary. documents IRelatine to Masbinaton Ibei^bts 3free Xibrari?. LXXIII. ARTICLES OF ASSOCIATION.* Dated 6 May, 1868. Ule whose names are hereunto subscribed do hereby signify our consent and desire to associate ourselves together for the purpose of procuring and erecting a public Library at Wash- ington Heights in the City of New York and do hereby subscribe the sums set opposite our respective names to the Trustees who shall be elected to take charge of the monies belonging to the Corporation to be elected in pursuance hereof and for the pur- pose of incorporating ourselves. We do hereby determine to assemble on the second Tuesday of this current month of May at 8 o'clock in the evening at the residence of William H. Smith, Esq., in 152nd Street between 10th and nth Avenues and elect, nominate and appoint nine of our number as Trustees *" Washington Heights Free Library " was incorporated as "The Washing- ton Heights Library," under the provisions of the Act of April i, 17961 entitled "An Act to incorporate such persons as may ofSciate [so in Act; evidently should be "associate "] for the purpose of procuring and erecting public libraries in this State " (Chapter 43 of the Laws of 1796). The library was registered with the Regents of the University of the State of New York, on 12th June, i8g6, pursuant to the provisions of the University Law (Laws of 1892, Chapter 378). 265 266 WASHINGTON HEIGHTS FREE LIBRARY. to take charge of the monies belonging to the said Corporation and to transact all affairs relative to the same. tOitness our hands this sixth day of May in the year of Our Lord One Thousand Eight hundred and sixty-eight. RuFus D. Case. E. S. Whitman. David L. Baker. John M. Ramsey. Richard Vose. Wm. S. Meade. Frederick C. Withers. GiLEAD B. Nash. William B. Harison. Thomas Faye. J. J. Stillings. William H. Smith. A. B. Mills. E. Spencer West. J. Howard Smith. Jas. O. West. L. DuHAiN, Jr. James Monteith. Jacob R. Telfair. Abram B. Knapp. B. Bensel. l. a. rodenstein. Geo. F. Jackson. Chas. $25 John MacMullen. $25 25 J. B. Archer. 25 25 Sheppard Knapp. 25 25 Charles W. Elliott. 25 25 Whitney Frank. 25 25 Theo. H. Smith. 5 25 H. C. LOCKWOOD. 25 25 M. A. Wheelock. 25 25 J. RoMAiNE Brown 25 25 John L. Tonnell£. 25 25 B. W. Van Voorhis. 25 25 N. A. Lespinasse. 25 25 John O. Bronson. 25 25 Hy. G. Martin. 25 25 Joel Marble. 10 25 Wm. F. Hocking. 25 25 Molyneux Bell. 25 25 Alex. N. Lewis. 25 25 Wm. H. Waterbury. 25 25 Wm. Frothingham. 25 25 Philip S. Monro. 25 25 Ingersoll Lockwood. 25 25 John Watson. 5 A. Stoddard. $5 LXXIV. CERTIFICATE OF INCORPORATION. Dated 12 May, i868. Recorded in the Office of the Clerk of the County of New York, 3 June, 1868. State of New York, \ City and County of New York, j I, RuFus D. Case of the City of New York the subscriber hereof do hereby certify that the following named persons resi- dents at and in the vicinity of Washington Heights in said City, viz. : Rufus D. Case, David L. Baker, Richard Vose, Frederick C. Withers, William B. Harison, J. S. Stillings, A. B. Mills, J. Howard Smith, L. Duhain, Jr., Jacob R. Telfair, B. Bensel, Geo. F. Jackson, . J. B. Archer, Charles W. Elliott, Theo. Howard Smith, M. A. Wheelock, John L. Tonnelle, N. A. Lespinasse, Hy. G. Martin, Wm. F. Hocking, Alex. N. Lewis, Wm. Frothingham, IngersoU Lockwood, E. S. Whitman, John M. Ramsey, Wm. S. Meade, Gilead B. Nash, Thomas Faye, William H. Smith, James O. West, James Monteith, Abram B. Knapp, L. A. Rodenstein, John MacMuUen, Sheppard Knapp, Whitney Frank, H. L. Lockwood, J. Romaine Brown, B. W. Van Voorhis, John O. Bronson, Joel Marble, Molyneux Bell, Wm. H. Waterbury, Philip G. Monro, E. Spencer West, did by articles of Association bearing date the sixth day of May instant subscribe the sum of One thousand and ninety dollars in the aggregate and signify their desire to associate themselves together for the purpose of procuring and erecting a Public 267 368 WASHINGTON HEIGHTS FREE LIBRARY, Library at Washington Heights aforesaid and did unanimously agree also to meet the second Tuesday of the said month of May at 8 o'clock P.M., at the residence of William H. Smith, Esq., in 152nd Street between Tenth and Eleventh Avenues in said City, to elect, nominate and appoint nine of their members as Trustees to take charge of the monies belonging to the corporation, to be so erected, and to transact all affairs relative to the same. !3lnb I do further certify that here at this time being the sec- ond Tuesday of May aforesaid, at the place aforesaid so previously agreed on and appointed upwards of two thirds of the said sub- scribers being assembled, they the said subscribers so assembled did proceed and elect from among themselves by ballot the sub- scriber hereof Chairman to preside at the election of Trustees, receive the votes of the subscribers, and be the officer to return the names of those, who, by plurality of voices should be elected to serve as Trustees of such Corporation. 531ti& I do further certify that thereupon the said subscribers so assembled as aforesaid did by plurality of voices elect, nominate and appoint the following named persons to serve as Trustees for the said Corporation, viz. : John MacMuUen, Rufus D. Case, Thomas Faye, Sheppard Knapp, John L. Tonnelle, David L. Baker, William H. Smith, William B. Harison, James Monteith. ^nl> I do further certify that the said subscribers did also at the time and place aforesaid unanimously determine that the style name or title by which the said Corporation should be dis- tinguished and known should be "The Washington Heights Library." 3n tnitncss tnljereof, I have hereunto set my hand and seal this second Tuesday of May in the year of Our Lord One thousand eight hundred and sixty-eight. Rufus D. Case, (seal.) LXXV. EXTRACTS FROM THE WILL OF J. HOOD WRIGHT.* Will dated 25 May 1892. Codicil dated 22 November 1893. Admitted to Probate in New York, i April 1895. Recorded Liber 521 of Wills, page 450. Will. Article Eleventh. Section 2. But, if I shall die leaving no issue by my said wife, then in lieu of the provision in the foregoing Section i of this article Eleventh, my said residuary estate (which only is the subject of this Article) shall by my executors be divided into three separate parts as nearly equal as may be in their judgment, which three parts I do hereby separately devise and bequeath as follows: ****** S. My executors and trustees shall hold the remaining one-third part of my residuary estate in trust to receive the rents, issues and profits thereof during the life of my said sister [Elizabeth J. Wright], and to pay the same to her or in case of her incapacity to apply the same for her personal and exclusive use, and after her death either after, before or with me, to pay or apply such income and principal as follows, (no legatee to have any right during my sister's life, to question or interfere with the investment of the principal or the use of the income of this one-third part) : * * * * , * * * Mr. Wright died 12 November, 1894, without issue. Letters testamentary were granted to Mary R. Wright, Charles H. Coster and John Marlcle, executors and trustees named in the will, 369 370 WASHINGTON HEIGHTS FREE LIBRARY. (g) I direct my executors and trustees to pay and deliver to the Washington Heights Library, in the City of New York, upon the condition that it shall be maintained at all times as a free circulating library, the sum of One hundred thousand dol- lars. Not exceeding one-quarter of such sum (either alone or in connection with other moneys) may be used as a building fund — that is to say, in the purchase of land and the erection of a building or buildings thereon — the remaining three-quarters to be kept invested and the income thereof only to be used for the purposes of such Library. LXXVI. ORDER OF THE SUPREME COURT CHANGING THE NAME OF "THE WASHINGTON HEIGHTS LIBRARY" TO "WASHINGTON HEIGHTS FREE LIBRARY." Dated 24 August, 1896. At a Special Term of the Supreme Court, held in Part I, in the County Court House, in the City of New York, on the 24th day of August, 1896. Present — Hon. Roger A. Pryor, Justice. In the Matter of the Petition of The Washington Heights Library to tiave its name changed to Washington Heights Free Library. Upon reading and filing the petition of The Washington Heights Library, and notice of the presentation of said petition and proof of publication thereof and the certificate of the Sec- retary of State annexed to said petition, and the Court having directed that said application be heard in this part of the Court, and the Court being satisfied that the said petition is true and has been duly authorized, that there is no reasonable objection to the proposed name, that the notice required by law has been given : Now on motion of Wilson and Wallis, attorneys for the peti- tioner, no one appearing in opposition thereto, it is CfDrber«5 that the petitioner be and it is hereby authorized to 271 373 WASHINGTON HEIGHTS FREE LIBRARY. assume the name Washington Heights Free Library on the first day of October, in the year eighteen hundred and ninety and six; and that this order be entered and the papers on which it was granted be filed within ten days hereafter in the office of the Clerk of the City and County of New York, and that a cer- tified copy of this order shall, within ten days after the entry thereof, be filed in the office of the Secretary of State, and that a copy of this order be published within ten days after the entry thereof in the New York Law Journal once in each week for four successive weeks. Enter. R. A. P., /. S. C. LXXVII. DEED BY CHARLES H. SHAW, INDIVIDUALLY AND AS EXECUTOR OF THE WILL OF JOSEPH S. SHAW, DECEASED, OF PREMISES NO. 924 ST. NICHOLAS AVENUE, BEING THE NORTHERLY PORTION OF THE SITE OF THE WASHINGTON HEIGHTS BRANCH LIBRARY BUILDING. Dated, 15 May 1899. Recorded in New York Register's Office, i June 1899. Liber 13 of Conveyances, page 185. Block 2107, Section 8. 9[l)i3 Indenture, made the Fifteenth day of May, in the year eighteen hundred and ninety-nine, JBetUjectt Charles H. Shaw of the City of New York individually and as executor under the last will and testament of Joseph S. Shaw, deceased, party of the first part, and Washington Heights Free Library, a cor- poration duly organized and existing under the laws of the State of New York, party of the second part : toitnesoetl), that the said party of the first part, in consideration of the sum of Five thousand Dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the said party of the second part, its successors and assigns forever, !31U that lot or parcel of land in the Borough of Man- hattan, City of New York, bounded and described as follows: JBcgittning at a point on the Easterly side of the Avenue St. Nicholas two hundred and thirty eight feet four and one-half inches northerly from the northeasterly corner of the Avenue St. Nicholas and One hundred and Fifty-fifth Street which 373 374 WASHINGTON HEIGHTS FREE LIBRARY. point adjoins the property now or late of William F. Buckley, and running thence northerly along the Avenue St. Nicholas ten feet; thence easterly parallel with said One Hundred and Fifty-fifth Street ninety-one feet eleven inches more or less to the westerly side of the Croton Aqueduct; thence southerly along said westerly side of the Croton Aqueduct nine feet seven and five-eighths inches more or less to the said land- of William F. Buckley and thence westerly along said land eighty eight feet three and one quarter inches more or less to the point or place of beginning. ®Oigelt]er with the appurtenances and all the estate and rights of the party of the first part in and to said premises. 9[o l)Ot)e onft to l)0l6 the above granted premises unto the said party of the second part, its successors and assigns forever. ^nb the said party of the first part does covenant with the said party of the second part as follows : First. — That the party of the first part is seized of the said premises in fee simple and has good right to convey the same. Second. — That the party of the second part shall quietly enjoy the said premises. Third. — That the said premises are free from incumbrances. Fourth. — That the party of the first part will execute or pro- cure any further necessary assurance of the title to said premises. Fifth. — That the party of the first part will forever warrant the title to said premises. %\\ tDitness tOhetCof, the said party of the first part has here- unto set his hand and seal the day and year first above written. Chas. H. Shaw, individually and as Executor under the Will of Joseph S. Shaw, deceased. (seal.) LXXVIII. DEED BY JENNIE M. TOMPKINS OF PREMISES NO. 922 ST. NICHOLAS AVENUE, BEING THE SOUTHERLY PORTION OF THE SITE OF THE WASHINGTON HEIGHTS BRANCH LIBRARY BUILDING.* Dated 26 May, i8gg. Recorded in New York Register's Office, 2 June, 1899. Liber 13 of Conveyances, page 186. Block 2107, Section 8. ®l)is Inbunture, made the 26th day of May, in the year eighteen hundred and ninety-nine, between Jennie M. Tomp- kins, of New York, party of the first part, and the Washing- ton Heights Free Library, a corporation organized under the laws of New York, party of the second part: ttJitnessetl), That the said party of the first part, in consideration of Ten Dollars and other valuable considerations, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the said party of the second part, its suc- cessors assigns forever, all that certain lot, piece or parcel of ground, situate, lying and being in the Twelfth Ward of the City of New York, Borough of Manhattan and described on the Tax Books of said City as Lot Number Twelve (12) of Block 2107. JSeginnitig at a point on the Easterly side of the St. Nicholas Avenue, distant two hundred and seven (207) feet three (3) inches Northerly from the corner formed by the intersection of the Easterly side of St. Nicholas avenue with the Northerly side * The erection of the library building on this site was begun in August, 1899. It was completed and the library opened to the public 14 May, 1900. 275 376 WASHINGTON HEIGHTS FREE LIBRAR Y. of West One hundred and fifty-fifth Street, and running thence Easterly and parallel with the line of West issth Street eighty feet (80 ft) six and one quarter inches (6^) inches to the Westerly line or side of the Croton Aqueduct, thence Northerly along the said line of the Croton Aqueduct, thirty (30) feet to land now or late of Charles H. Shaw, and thence westerly along said land now or late of Charles H. Shaw and parallel with the line of West One Hundred and fifty-fifth Street eighty-eight (88) feet three and one quarter (3^) inches to the Easterly line or side of St. Nicholas Avenue, and thence southerly along the Easterly side of St. Nicholas Avenue thirty one (31) feet one and one half (i^ in.) inches to the point or place of beginning. Being the same premises conveyed to the party of the first part by William F. Buckley. Said premises being subject to the payment of a mortgage for $6,000. made to William F. Buckley dated May 26th, 1899. S[ogetl)er with the appurtenances, and all the estate and rights of the party of the first part, in and to said premises. 8[o l)p;t)j ttltft to l)olb the above granted premises unto the said party of the second part, its successors and assigns forever. !3ln5 the said Jennie M. Tompkins doth covenant with said party of the second part as follows: First. — That said party of the first part is seized of the said premises in fee simple, and has good right to convey the same. Second. — That the party of the second part shall quietly enjoy the said premises. Third. — That the said premises are free from incumbrances, except as aforesaid. Fourth.— That the party of the first part will execute or pro- cure any further necessary assurance of the title to said premises. Fifth. — That the said party of the first part will forever warrant the title to said premises. 3n tDitness tl(l)er£0f, the said party of the first part has here- unto set her hand and seal the day and year first above written. Jennie M. Tompkins (seal.) LXXIX. DEED OF TRANSFER TO THE NEW YORK PUBLIC LIBRARY.* Dated 9 October, 1901. Recorded in New York Register's Office, 2 December, 1901. Liber 16 of Conveyances, page 345. Block 2107, Section 8. SCljia Jnbcnturc made this ninth day of October, 1901, by and between the corporations known as The Washington Heights Free Library and The New York Public Library, AsTOR, Lenox and Tilden Foundations ; toljereas The New York Public Library, Astor Lenox and Tilden Foundations is a corporation organized under the laws of the State of New York, which said corporation has no members or stockholders other than its trustees; and w\)ertas The Washington Heights Free Library is a corpora- tion existing under the Membership Corporation Law, and is not a stock company, and has no stockholders, but has members other than its trustees; and u)l)£reas it was incorporated for the purpose of procuring and erecting a public library at Washington Heights; and *The Regents of the University of the State of New York approved of the transfer on 10 June, 1902, and accepted the surrender of the charter of ' ' Washington Heights Free Library " on 26 April, 1904. The Trustees of Washington Heights Free Library at the time of the transfer were: W. T. Alexaader, Andrew Carnegie, G. B. Curtiss, Macomb George Foster, Resolved Gardner, E. P. Griffin, G. B. Grinnell, Charles H. Holland, W. Travers Jerome, Newell Martin, J. C. Reiff, J. L. Tonnelle, E. B. Treat, A. H. Welling- ton, John Whalen, E. S. Whitman. The library was contained in the library building, at Nos. 922-924 St. Nicholas Avenue. 277 378 WASHINGTON HEIGHTS FREE LIBRARY. tt)l)ere06 "Washington Heights," as used in this agreement is understood by the parties hereto to embrace the land on Man- hattan Island between i3Sth Street and i7Sth Street lying west of the line of Edgecombe Avenue; and tDt)ereas in pursuance of the intentions of its founders the last named corporation has for many years maintained a library on Manhattan Island north of isoth Street, said library having been for a long time at the corner of Amsterdam Avenue and 156th Street, and being now between St. Nicholas Avenue and Edgecombe Avenue and north of issth Street; and tDl)Creae The Washington Heights Free Library is desirous of transferring all its property to the said Public Library pur- suant to the provisions of Chapter 57 of the Laws of 1901;* Now, aijereforc, tl)i6 Jfnbcnturc toitneasctl) as follows : The Washington Heights Free Library hereby grants, con- veys, assigns and transfers all real and personal property of which it is or hereafter shall be seized or possessed to The New York Public Library, Astor, Lenox and Tilden Foundations, which is hereinafter also called the grantee, on the following terms, conditions and limitations : (i) The grantee shall maintain in the region now known as Washington Heights, in the Borough of Manhattan, in the City of New York, a free public library and reading room and also such other branches for circulation and for other purposes as it may deem advisable and shall carry on and promote the general purposes and objects declared in the charter of The Washington Heights Free Library ; (2) All property, real and personal, now owned or possessed by The Washington Heights Free Library, and all property, real or personal, which shall hereafter come into possession of the grantee by virtue of any gift, bequest or devise to The Washing- ton Heights Free Library, and the proceeds of any such property, in case the same or any part thereof is sold or otherwise disposed of, and all profits, increase or income of any such property shall (including both capital and income) be exclusively used for and applied to the free circulation of books and the maintenance of * See supra, page 227. DEED OF TRANSFER. 279 the existing library, and of sucia other branch libraries and reading rooms as the grantee may deem advisable in the said region known as Washington Heights in the Borough of Man- hattan in the City of New York, and in the neighborhood of that region. Nothing in this agreement contained shall be construed to prevent the grantee from selHng or otherwise disposing of any property, real or personal, of which it may at any time be pos- sessed. Jn toitness tDljereof the parties hereto have caused the re- spective corporate seals of the said corporations to be afifixed hereto, and these presents to be attested by their respective presidents and secretaries thereunto duly authorized the day and year first above written.* The Washington Heights Free Library, (corporate seal.) By- Attest: Edmund S. Whitman, Geo. B. Curtiss, President. Secretary. The New York Public Library, Astor, Lenox and Tilden Foundations: (corporate seal.) By- Attest: John Bigelow, G. L. Rives, President. Secretary. * The Washington Heights Free Library having members other than its trus- tees, the foregoing conveyance and transfer was assented to by a vote of more than two-thirds of the members of the corporation voting in person or by proxy at a meeting of the members of the corporation duly called and held, as required by Chapter 57 of the Laws of 1901, on November 26th, 1901. A sworn statement by the Secretary of The Washington Heights Free Library as to the members of such corporation and as to the proceedings of such meeting is recorded in the Office of the Register of the County of New York with the Deed. BocumentB IRelatlns to mew ^ovU 3frec Circulatina ILlbrari^ for tbc BUnb. LXXX. CERTIFICATE OF INCORPORATION.* Dated 23 May, 1895. Approved by the Supreme Court, 27 May, 1895. Filed in County Clerk's Office, New York County, 3 June, 1895. Filed in Office of the Secretary of State, Albany, New York, 3 June, 1895. State of New York, ) City and County of New York, j ^*" CtJe, the undersigned, desiring to form a corporation pursu- ant to Chapter 267, of the Laws of 1875, of the State of New York, all being of full age and two-thirds being citizens of the United States, and a majority citizens of the State of New York, do hereby certify: iTirst: That the name of the proposed corporation is the " New York Free Circulating Library for the Blind." Seconb : The objects for which it is formed are : 1. To purchase books, pamphlets or matter printed in raised or embossed characters for the use of the blind. 2. To print in such raised or embossed characters such books, pamphlets or other matter as the trustees of this corporation may think best, and to sell or otherwise dispose of such copies * The Library was registered with the Regents of the University of the State of New York, under the provisions of the University Law (Laws of 1892, Chapter 378; on February loth, 1897. 383 284 N. Y. FREE CIRCULA TING LIBRAR V FOR THE BLIND. of the books, pamphlets or other matters so printed as may not be necessary for the purposes of the library hereinafter re- ferred to. 3. To stock and maintain a library of books, pamphlets or other matter, printed in embossed or other characters adapted to the use of the blind, said library to be for the free use of all worthy blind persons. \. To receive for the use of the said library donations of books, pamphlets or other matter adapted to the use of the blind, and to dispose of by sale or otherwise any books in said library which for any reason may have become undesirable as library books. 5. To raise or receive contributions of money to be applied to the purposes of the corporation above enumerated. 8Cl)ir& : The location of the principal office of this corporation shall be situated in the city and county of New York. JFonrlt) : The number of trustees of this corporation shall be five, and the names of the trustees for the first year are as fol- lows: Richard R. Ferry, 504 Manhattan Avenue, New York City. Wm. B. Wait, 412 Ninth Avenue, New York City. Clara A. Williams, 121 West 86th Street, New York City. Clark B. Ferry, 40 Wall Street, New York City. Chas. W. Weston, 65 Convent Avenue, New York City. Dated May 23d, 1895. Richard R. Ferry, Phoebe J. B. Wait, Clark B. Ferry, H. C. Weston, Clara A. Williams, Edward J. Hancy, Wm. B. Wait, Jeannie C. Weston, Stephen Babcock, Henry W. Williams, Eliza J. Hancy, Florence A. Weston, Charles W. Weston, Hannah A. Babcock, Theo. L. Ferry. LXXXI. DEED OF TRANSFER TO THE NEW YORK PUBLIC LIBRARY.* Dated 21 February, 1903. Knoro all iHcn bg tljese |)rescntB, tX)l)£reas, New York Free Circulating Library for the Blind is a corporation organized under the laws of the State of New York, maintaining and carrying on a library in the City of New York, and tOljereos, by Chapter 57 of the Laws of 1901 of the State of New York, entitled "An Act to permit library corporations in the City of New York to convey their property to the New York Public Library, Astor, Lenox and Tilden Foundations,"** any corporation organized under the laws of the State of New York and maintaining and carrying on a library in the City of New York was authorized and empowered to grant, convey, assign and transfer all real and personal property of which it might * The Regents of the University of the State of New York approved of the transfer on 6 April, 1903, and subsequently accepted the surrender of the charter of the New York Free Circulating Library for the Blind. The Trustees of the New York Free Circulating Library for the Blind at the time of the transfer were ; Richard Randall Ferry, Clark B. Ferry, Clara A. Williams, William B. Wait, Charles W. Weston. By courtesy of the Vestry of Trinity Church the Library occupied a room in St. Agnes Chapel, No. I2i West 91st Street, where it was opened to the public on November g, 1896. ** See supra, page 227, 285 286 AT. Y. FREE CIRCULATING LIBRARY FOR THE BLIND. be seized or possessed to The New York Public Library, Aster, Lenox and Tilden Foundations; and il)l)jr£a5, the said New York Free Circulating Library for the Blind is desirous of conveying all its property to the said The New York Public Library, Astor, Lenox and Tilden Founda- tions; NotD tljerefore Knoui gc. That the said New York Free Cir- culating Library for the Blind, in consideration of the premises and of One Dollar ($i.oo) to it in hand paid, receipt whereof is hereby acknowledged, by virtue of the power and authority con- ferred upon it by the said Act of the Legislature of the State of New York, and of all other power and authority by it possessed, does hereby grant, convey, assign and transfer all real and personal property of which it is or may be seized or possessed to the said The New York Public Library, Astor, Lenox and Tilden Foundations, to have and to hold the same to the said The New York Public Library, Astor, Lenox and Tilden Foundations, its successors and assigns forever. Jfn tOitness tol)ercof the said New York Free Circulating Library for the Blind has caused its seal to be hereunto affixed, and these presents to be attested by its proper officers this Twenty first day of February in the year One thousand nine hundred and three.* New York Free Circulating Library for the Blind, (corporate seal.) Richard Randall Ferry, President. Clara A. Williams, Secretary. * The New York Free Circulating Library for the Blind having members other than its trustees, the transfer of its property to the New York Public Library was assented to by a vote of more than two-thirds of the members of the corporation voting in person or by proxy at a meeting of the members of the corporation duly called and held as required by Chapter 57 of the Laws of igoi, on February 10, 1903. Documents IRelatlna to HQullar ifree %\\)vnt^ Society?. LXXXII. CERTIFICATE OF INCORPORATION. Dated 3 December, 1886. Approved by the Supreme Court 6 December, 1886. Filed in County Clerk's Office, New York County, 6 December, 1886. Filed in Office of the Secretary of State, Albany, New York, io December, 1886. toe, the undersigned, Samuel Greenbaum, Daniel P. Hays, Isaac S. Isaacs, Louis B. Schram and Adolph L. Sanger, being citizens of the United States, and also citizens of the State of New York, desiring to associate ourselves together for the purpose of founding, continuing and perpetuating a library in accordance with the provisions of an act of the legis- lature of the State of New York entitled " An Act for the In- corporation of library societies" passed May 15th, 1875,* do hereby make this certificate and state pursuant to the said act as follows : ist. The name or title by which such society shall be known in law, is the " Aguilar Free Library Society." 2nd. The business and object of such Society shall be to found, continue and perpetuate a free public library. 3rd. The number of directors to manage such society shall be fifteen. * Laws of 1875, Chapter 343. 389 390 AGUILAR FREE LIBRARY SOCIETY. 4th. The names of the directors of such society for the first year of its existence are as follows : Mark Ash, Isaac S. Isaacs, Morris W. Benjamin, Manuel A. Kursheedt, Jacob H. Fleisch, Henry M. Leipziger, William A. Gans, M. Warley Platzek, Samuel Greenbaum, V. Henry Rothschild, Daniel P. Hays, Adolph L. Sanger, Nathan Herrmann, Louis B. Schram, De Witt J. Seligman. 5th. Such library shall be located in the City of New York. Samuel Greenbaum Dan'l p. Hays Isaac S. Isaacs Louis B. Schram Adolph L. Sanger. Dated New York, December 3rd, 1886.* * In 1886 the Legislature enacted a law to encourage the growth of free public libraries and free circulating libraries in the cities of the State (Laws of 1886, Chap. 666). This act provided that any such incorporated library associ- ation owning real estate of the value of at least $20,000, and having at least 10,000 volumes, and maintaining a free public library or a free circulating library, and circulating in a year at least 75,000 volumes, might receive City aid. The Young Men's Hebrew Association and the Hebrew Free School Associ- ation, both in the City of New York, possessed libraries which together aggregated upwards of 10,000 volumes. These institutions were unable adequately to main- tain their libraries. They therefore transferred their libraries to the Aguilar Free Library Society. In order to secure the required sum of $20,000 for the purchase of real estate, Mr. Jacob H. Schiff gave $10,000 on condition that the further sum of $10,000 should be raised, which was done by individual contributors, and the premises No. 206 East Broadway were purchased at a price of $27,500. A branch library was conducted in the building at No. 206 East Broadway, and another at No. 721 Lexington Avenue. A small branch also was conducted in the building occupied by the Hebrew Free School Association at No. 624 Fifth Street. In 1889, in pursuance of a written agreement made between the Aguilar Free Library Society, the Hebrew Free School Association and the Young Men's Hebrew Association, a corporation known as the "Educational Alliance " was formed. The object contemplated by the agreement was the erection of a build- ing to be occupied by these societies and by kindred organizations designed for the moral and intellectual improvement of residents of the East Side of the City CERTIFICATE OF INCORPORATION. 291 of New York; and the objects of the "Educational Alliance," as stated in its certificate of incorporation, were the promotion of free education by the erection and maintenance of buildings in the City of New York, containing library, reading and class rooms and lecture and music halls, and by co-operation with other societies in the city. In 1900, the Aguilar Free Library Society purchased premises at No. 197 East Broadway, situated at the southeast corner of East Broadway and Jefferson Street, which it leased to the " Educational Alliance;" and the building known as the " Hebrew Institute " was erected upon these and adjoining premises. The branch library at No. 206 East Broadway was removed to the new building of the " Hebrew Institute " on its completion in'October, 1891; and the premises No. 206 East Broadway were sold in 1894. Shortly before the transfer to the New York Public Library, the Aguilar Free Library Society conveyed its interest in the premises occupied by the '• Hebrew Institute " Building at No. 197 East Broad- way to the " Educational Alliance," by deed dated December 29th, 1902. In June 1895, the Society severed its connection with the Hebrew Free School Association, and the branch library which was conducted at No. 624 Fifth Street was removed to rented quarters at No. 616 Fifth Street, where it remained until March, 1900, when it was removed to rented quarters at No. 106 Avenue C. The uptown branch remained at No. 721 Lexington Avenue until May, i8g6, when it was removed to rented quarters at No. 113 East 59th Street. In May, i8g6, a branch library was established in Harlem in rented quarters; and to meets its needs in that part of the City the Society erected its own build- ing at No. 174 East noth Street, which was opened to the public in June, 1899. At the date of the transfer to The New York Public Library, Astor, Lenox and Tilden Foundations, libraries were conducted by the Aguilar Free Library Society in the building at No. 174 East iioth Street; in the building known as the " Hebrew Institute" at No. 197 East Broadway; and in rented quarters at Nos. 111-113 East 59th Street and at No. 106 Avenue C. Travelling libraries also were conducted, with numerous stations. The various libraries were registered with the Regents of the University of the State of New York, under the provisions of the University Law (Laws of 1892, Chap. 378), on November 21, 1895, January 4, 1896, May 21, 1896, and October 6, 1896. LXXXIII. CORRESPONDENCE RELATING TO THE GIFT BY FREDERICK SPIEGELBERG OF THE NINA GOLDSMITH SPIEGELBERG MEMORIAL ALCOVE FOR BIOGRAPHICAL WORKS.* I. Letter from Mr. Spiegelberg. 21 Broad Street, New York, April 4th, 1892. Dear Sir: I beg to inform you that it is my intention to establish and maintain in the Aguilar Free Library an alcove in memory of my wife. My wife was during her life ardently attached to the cause of propagating education and of the dissemination of the means thereof. Your society, with which she was affiliated at the time of her premature death, seems to me above all the one in which her memory ought to be perpetuated. I intend, if acceptable to your society, to give the sum of Two thousand Dollars for that purpose; one thousand Dollars to be used for the immediate establishment of the alcove and the purchase of books, and one Thousand Dollars to be.kept in trust, the interest to be applied to the maintaining of the alcove and the purchase of new books. I desire that the alcove shall be devoted to biographical works, embracing the lives of men and women who have distinguished themselves by their work, their deeds or the example they set to others. The memorial tablet shall contain the inscription : " In Memory of Nina Goldsmith Spiegelberg " — nothing else. * The alcove was opened to the public May 18, 1893, at the Hebrew Insti- tute building, 197 East Broadway. The fund at the time of the transfer to The New York Public Library, Astor, Lenox and Tilden Foundations, consisted of one- $1,000 Bond of the New York & West Shore R.R. Co. 292 GIFT OF FREDERICK SPIEGELBERG. 393 I shall consider it a privilege if I were allowed to assist the Library Committee in the selection of the books to be pur- chased for the alcove. Kindly let me know whether you deem a formal acceptance on the part of the Board of Directors necessary or whether you have the power to accept the gift. I shall be much indebted to you and our colleagues in the Board if this gift receives as little publicity as possible. Yours very respectfully, F. Spiegelberg. Samuel Greenbaum, Esq., President Aguilar Free Library Society, New York City. a. Extract from the Minutes of the Board of Directors of the Aguilar Free Library Society. Dated 17 April, 1892. Uesoloeb, That the donation be accepted, that the Library Committee be instructed to co-operate with Mr. Spiegelberg in the selection of the books and preparation of the alcove, and that the Secretary extend to Mr. Spiegelberg the thanks of the Society. Kesotoeb, That Mr. Spiegelberg's letter be spread upon the minutes of the meeting, and that the trust indicated therein be accepted by the Society. Ue0Olt)eb, That the sum of One thousand Dollars, which, under the terms of the donation, is to be kept in trust, be in- vested by the Treasurer in some safe bond and kept as a sepa- rate fund to be known as the Spiegelberg Alcove Fund, and that investment be reported to the Board of Directors. Eeaoloeb, That the sum of One thousand dollars, which under the terms of the donation is to be used for the immediate estab- lishment of the Alcove and the purchase of books, be kept in a separate account until exhausted. LXXXIV. EXTRACTS FROM THE WILL OF BERNHARD MAINZER.* Will dated 17 March 1892. Codicil I. dated 17 March, 1892, Codicil II. dated 9 January, 1893, Codicil III. dated 26 March, 1895. Admitted to probate in New York, 21 November, 1895- Recorded Liber 535 of Wills, page 57. Will. Article Third. I give the sum of One hundred thousand (100,000) Reichs- marks, German Currency, free of inheritance tax, to my brother Doctor Joseph Mainzer, and request my executors to purchase in New York a draft for that amount and send the same to him. I desire something shall be done for charity, and I give and bequeath to my executrix and executors a sum of money equal to four per cent, of the net amount of my estate as the same shall be valued by my executors, after the payment to my brother of the above legacy of One hundred thousand Reichs- marks. The said sum is given to my executors absolutely and they * Mr. Mainzer died 21 November 1895. On 18 February 1897, the sum of $1,000. was received by the Aguilar Free Library Society from the executors. On January 19, 1898, the Directors, after consulting with the executors, divided this sum into four parts; "each to be devoted to the purchase of reference books for one of the branch libraries; every book to have a label inserted stating that it was a part of this bequest. " 294 WILL OF BERNARD MAINZER. 395 shall not be required to account for the same, but the amount so given to them shall be charged by them as a part of my tes- tamentary expenses. I request my executors to give such sum equal to four per cent, upon the value of my estate, as estimated by my executors, less said legacy to my brother, in such amounts as they think proper, to such deserving charitable institutions in the City of New York, and to such relatives of mine or of my wife, in the City of New York, or elsewhere, as may require assistance, as they shall agree upon and select, and I request them to submit a list of the institutions and the persons, with the amount pro- posed to be paid to each institution and person, to my brother- in-law Charles L. Hallgarten, of Frankfort-on-the-Main, Ger- many, for his approval, in case he be living at the time the selection of such charitable institutions and persons is made. LXXXV. EXTRACT FROM THE WILL OF THEODORE G. WEIL.* Will dated 24 December 1896. Admitted to probate in New York, 27 January, 1902. Recorded Liber 675 of Wills, page 259. Article Third. I give and bequeath To the Aguilar Free Library for an alcove the sum of One thousand dollars. * Mr. Weil died 10 January, 1902. The sum of $950 was received from this legacy. At the date of transfer to The New York Public Library, Astor, Lenox, and Tilden Foundations, a portion of this fund was invested in one $50° bond of the Denver, Rio Grande R.R. Co. On December 14, 1902, the Directors of the Aguilar Free Library Society established in its iioth Street branch library an alcove in memory of Theodore G. Weil, to be devoted to American History. 296 LXXXVI. DEED BY LOUIS LESE AND WIFE OF THE PREMISES NO. 174 EAST iioTH STREET.* Dated 12 May, 1898. Recorded in New York Register's Office, 13 May, 1898. Liber 42 of Conveyances, Page 373, Section 6, Block 1637. ®l)iB Inircntnrc made the Twelfth day of May, in the year Eighteen hundred and ninety-eight, between Louis Lese, of the City of New York, and Sarah, his wife, parties of the first part, and the Aguilar Free Library Society, party of the second part, tX)itneSSetl), That the said parties of the first part, in consid- eration of Nine Thousand Five Hundred Dollars, lawful money of the United States, Paid by the party of the second part, do hereby grant and release, unto the said party of the second part, its successors and assigns forever, ^11 That certain lot, situated in the Twelfth Ward of the City of New York, known and designated by the Number 78, on a map of property in the City of New York, belonging to the Estate of Thomas Leggett, deceased, dated November 1851, surveyed by J. J. Serrel, C. S., and filed in the office of the Register of the City and County of New York, as Number 575, to wit. JBeginning at a point on the Southerly side of One Hundred and tenth Street, distant ninety-five feet Westerly from the Westerly side of Third Avenue, thence running Southerly * The library building was constructed and opened to the public on 19 June, 1899. 297 298 AGUILAR FREE LIBRARY SOCIETY. parallel with Third Avenue, one hundred feet and eleven inches, to the middle line of the block, thence Westerly, along the middle line of the block, parallel with One hundred and tenth Street, twenty-five feet, to the Easterly boundary line of Lot Number 77 on said map, Thence Northerly along said last mentioned line, one hundred feet and eleven inches, to One hundred and tenth Street, and thence Easterly, along One hundred and tenth Street, twenty-five feet, to the point of beginning, be the said several dimensions more or less, Seiltg the same premises conveyed to Louis Lese, one of the parties of the first part, by Samuel Thorn, as Trustee under the Last Will and Testament of Mary S. Pearsall, de- ceased, by deed dated February i, 1898, and recorded March 8, 1898, in the office of the Register of the City and County of New York, in Block Series (Conveyances), Section 6, Liber 41, page 403, and indexed under Block Number 1637, on the Land Map of the City of New York. %a^ti\\tx with the appurtenances, and all the estate and rights of the parties of the first part, in and to said premises, ®0 l)at)£ ttnb to Ijolb the above-granted premises, unto the said party of the second part, its successors and assigns forever, Subject to a Mortgage, now a lien on said premises, to secure the sum of Six Thousand Dollars and interest.* ^nii the said Louis Lese, one of the parties of the first part, does covenant with the said party of the second part as follows: iTirst. That Louis Lese, one of the parties of the first part, is seized of the said premises, in fee simple, and has good right to convey the same subject as aforesaid. Setonb. That the party of the second part shall quietly enjoy the said premises. ®t)irb. That the said premises are free from incum- brances, except as aforesaid. * This and subsequent mortgages were paid off before the consolidation. DEED OF NO. 174 EAST iioTH STREET, 299 iTonrtl). That Louis Lese, one of the parties of the first part, will execute or procure any further necessary assur- ance of the title to said premises. iFiftI). That Louis Lese, one of the parties of the first part, will forever Warrant the title to said premises. 3n toitneBS tt)l)er£Of, the said parties of the first part, have hereunto set their hands and seals the day and year first above written. Louis Lese (l. s.) Sarah Lese (l. s.) LXXXVII, DEED OF TRANSFER TO THE NEW YORK PUBLIC LIBRARY.* Dated 24 February, 1903. 9Ct)is Jnbentnrc, made the Twenty-fourth day of February, 1903, by and between the corporation known as the " Aguilar Free Library Society," hereinafter called the grantor, and " The New York Public Library, Astor, Lenox, and Til- den Foundations, " hereinafter called the grantee. toljEreas, the grantor and grantee are corporations organized under the laws of the State of New York, having no members or stockholders other than their respective directors or trustees; and it3l)ereos, the grantor is desirous of transferring all its prop- erty to the said grantee, pursuant to the provisions of Chapter 57 of the Laws of 1901.** Nom, tl)erefore, tljis Inbentjire toitnessetl) as follotDs ; The grantor hereby grants, conveys, assigns and transfers all * The Regents of the University of the State of New York approved of the transfer on 21 May, 1903, and accepted the surrender of the charter of the "Agui- lar Free Library Society" on 26 April, 1904. The trustees of the Aguilar Free Library Society at the time of the transfer were: Samuel Greenbaum, Mrs. Eugene S. Benjamin, David Leventritt, Harold Nathan, Henry M. Leipziger, Samson Lachman, Mark Ash, Adolph Openhym, Samuel A. Tuska, Frederick Spiegelberg, Morris W. Benjamin, Levi N. Hershfield, Mrs. Cyrus L. Sulzberger, Lee Kohns. ** See supra, page 227. 300 DEED OF TRANSFER. 801 the real and personal property of which it is or hereafter shall be seized or possessed to the grantee, on the following terms, conditions and limitations: (i) The grantee shall hold the One thousand dollar (|i,ooo) bond of the New York and West Shore Railroad Company, comprising part of the property transferred, in trust, as the Nina Goldsmith Spiegelberg Memorial Fund, and devote the income perpetually to the purchase of biographical works. (2) The grantee shall hold the Five hundred dollar ($500) bond of the Denver & Rio Grande Railroad Co., comprising part of the property transferred, in trust, as the Theodore G. Weil Memorial Fund, and devote the income perpetually to the purchase of historical works.* Jtt tnitness toljereof, the parties hereto have caused the re- spective corporate seals of the said corporations to be affixed hereto, and these presents to be attested by their respective presidents and secretaries thereunto duly authorized, the day and year first above written. Aguilar Free Library Society, (corporate seal.) By Samuel Greenbaum, Attest : President. Samuel A. Tuska, Secretary. The New York Public Library, AsTOR, Lenox and Tilden Foundations, (corporate seal.) By John Bigelow, Attest : President. Charles Rowland Russell, Secretary. * On I March 1903 the Directors of the Aguilar Free Library Society adopted the following resolution : Resolved, That the New York Public Library be notified that by inadvertence the above agreement had incorrectly stated that the Weil alcove was to be devoted to historical works instead of to American history, with the request that the cor- rection be made. LXXXVIII. DEED OF TRANSFER OF NO. 174 EAST iioth STREET TO THE NEW YORK PUBLIC LIBRARY. Dated 24 February, 1903. Recorded New York Register's Office, ii March, 1903. Liber 74 of Conveyances, Page 201, Section 6, Block 1637. Sljia Snhetltaxe., made the Twenty-fourth day of February, in the year One thousand nine hundred and three, between the Aguilar Free Library Society, party of the first part, and The New York Public Library, Astor, Lenox and Tilden Foundations, party of the Second part: iDitneBSetl), That the said party of the first part, in consideration of the sum of One Dollar, lawful money of the United States, and other valuable considerations, paid by the party of the second part, does hereby grant, bargain, sell and release unto the said party of the second part, its successors and assigns forever, 5^U that certain lot, situated in the Twelfth Ward of the Borough of Manhattan, in the City of New York, with the building and 302 DEED OF TRANSFER OF NO. 174 EAST iioTH STREET. 303 improvements thereon erected, known and designated by the number 78 on a map of property in the City of New York belonging to the estate of Thomas Leggett, deceased, dated November, 1851, surveyed by J. J. Serrell, C. S., and filed in the office of the Register of the City and County of New York, as number 575, to wit: iBcginnittg at a point on the Southerly side of One hundred and tenth Street, distant ninety-five feet westerly from the westerly side of Third Avenue ; thence run- ning Southerly parallel with Third Avenue, one hundred feet and eleven inches to the middle line of the block; thence west- erly, along the middle line of the block parallel with One hun- dred and Tenth Street, twenty-five feet to the easterly boundary line of lot number 77 on said map; thence northerly, along said last mentioned line, one hundred feet and eleven inches to One hundred and tenth Street; and thence easterly, along one hun- dred and tenth Street, twenty-five feet to the point of begin- ning, be the said several dimensions more or less; being the same premises conveyed to the party of the first part by Louis Lese, by deed bearing date the Twelfth day of May, 1898, and recorded in the office of the Register of the County of New York, on the 13th day of May, 1898, in Section 6, Liber 42 of conveyances, page 373, and indexed under block number 1637 on the Land Map of the City of New York. QCtjis deed being given to more fully carry out the agreement of transfer and consolidation between the parties hereto, dated February 24th, 1903, as by reference thereto will more fully and at large appear. @[ogett)ei; with the appurtenances and all the estate and rights of the said party of the first part, in and to the said premises. 8C0 IjaBC onb to Ijolib' the above granted premises unto the said party of the second part, its successors and assigns for- ever. 304 AGUILAR FREE LIBRARY SOCIETY. Jfn raitness lOtjereof the said party of the first part has caused its corporate seal to be hereunto affixed and these presents to be attested by its president and secretary thereunto duly author- ized the day and year first above written.* Aguilar Free Library Society, (corporate seal.) by Samuel Greenbaum, Attest : President. Samuel A. Tuska, Secretary. *The Aguilar Free Library Society, having no members other than its trustees, the foregoing instruments were authorized to be executed, by its Board of Directors, at meetings held on December 15th, 1902, and March 1st, 1903. Documents IRelatlng to tbe Ibarlem Xibrari?. LXXXIX. ACT OF INCORPORATION OF THE HARLEM LIBRARY.* Passed 29 March, 1871. Laws of 1871, Chapter *i 7. An Act to incorporate the Harlem Library. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SecHon 1. The Harlem Library Association and the trustees of the Harlem School may unite in one corporation under the name and style of the Harlem Library. 2. On filing with the Secretary of State a certified copy of a * In 1820, the Legislature of the State of New York passed an Act (Laws of 1820, Chapter 115) entitled " An Act relative to the Common Lands of the freeholders and inhabitants of Harlem." By this Act trustees were appointed to sell the said common lands, and were authorized out of the net proceeds thereof to pay the sum of $3,000 to the trustees of the Harlem Library, for the benefit of the said library; the sum of $4,000 to the trustees of such school as might be established in the village of Harlem; and certain other sums to schools and churches. Prior to this time a number of residents of the village of Harlem had formed a voluntary association for the establishment and support of a library in that vil- lage; but this association had never been incorporated. In order that it might become " legally entitled to receive the appropriation made by the Legislature from the proceeds of the Harlem Commons " (See minutes of the Harlem Library Association), it was incorporated in 1825, by the name of the Harlem Library Association, under the provisions of an Act of the Legislature entitled ' ' An Act to incorporate such persons as may officiate [So in Act; evidently should be "associate"] for the purpose of procuring and erecting public libraries in this State " (Laws of 1796, Chapter 43). The money which was thus received from the sale of the common lands was 307 308 HA RLEM LIBRA R Y. resolution adopted by a majority of the trustees of each of the said corporations, they shall thereupon become incorporated under the name of the Harlem Library. 3. All the shareholders in the Harlem Library Association and the members of the Trustees of the Harlem School, who have heretofore subscribed and paid the sum required by statute, shall each be entitled to one share in the place of such as they now own in either of the said corporations. 4. All the property, real and personal, of the said corpora- tions, shall vest in and belong to the corporation hereby created, and such corporation shall be liable for all the debts of either of the said corporations. 5. The said corporation hereby created shall have and possess all the powers granted by the act entitled, "An act to incorpo- rate such persons as may associate for the purpose of procuring and erecting public libraries in this State, passed April first, seventeen hundred and ninety-six, and the several acts amenda- tory thereof and supplemental thereto." applied in part to the purchase of books and in part to the erection of a build- ing. In 1826, the Harlem Library Association purchased from the ministers, elders and deacons of the Reformed Low Dutch Church at Harlem a plot of ground situated on the west side of Third Avenue, between 121st and 122nd Streets, being about 25 feet in width by about 50 feet in depth, and upon this plot of land a library building, 22 by 28 feet, with a brick front, was erected and opened as a library in March, 1827. Subsequently, by two deeds, dated November 6, 1828, and December 12, 1855, respectively, the Harlem Library Association purchased from the Reformed Low Dutch Church additional land, situated at the rear of the above-mentioned plot, increasing their entire holding to a full city lot of a little more than 25 by 100 feet. The library was maintained in the building first erected until 1873, when the building was removed and a new library building, covering 25 by 80 feet, was erected upon the land acquired by the above-mentioned three deeds, and was opened to the public on June 8, 1874. The premises were then known as No. 2238 Third Avenue, and were sold by the Harlem Library in 1892. A corporation known as " The Trustees of Harlaem School" was created by act of the Legislature passed April 2, 1827 (Laws of 1827, chapter 149). It was organized in order to receive the four thousand dollars which, by the Act of 1820, above referred to, was authorized to be paid to the trustees of such school as might be established in the village of Harlem. The corporation acquired land, ACT OF INCORPORATION. 309 6. The shares of the said library shall be transferrable, and the trustees may make the same subject to an annual payment for the support of the library. 7- The trustees shall, by their by-laws, designate the time of the annual election of trustees, and shall give notice of such election annually, as prescribed in the said act, and shall fix the number of trustees, not exceeding nine, nor less than five, who shall be residents of Harlem. S. The trustees of the Harlem School and of the Harlem Library Association shall be the first trustees of the Harlem Library incorporated by this act and shall hold their offices until the first election of trustees, as provided in the last section. 9. The corporation hereby created may purchase and hold land for the erection of a suitable building for a library and lecture-room, in addition to the property now owned by the corporation herein mentioned, provided that the annual income thereof shall not exceed the sum of forty thousand dollars. 10. This act shall take effect immediately. erected a building and maintained a school until the establishment of a common school system for the Twelfth Ward rendered the maintenance of the Harlem School unnecessary. The building was leased to the trustees of the common schools until May, 1872, when it was sold. In August, 1872, the corporation known as ' ' The Trustees of Harlaem School " and the " Harlem Library Associa- tion " united in a new corporation known as the ' ' Harlem Library, " in pursuance of the provisions of the above act of the Legislature. Certified copies of the reso- lutions required by section 2 of the act were duly filed with the Secretary of State by The Trustees of the Harlem School on June 12, 1872, and by the Harlem Library Association on August 12, 1872. The Trustees of the Harlem School at this time were: Edgar Ketchum, William H. Colwell, William G. Wood, Isaac Lockwood, Jonathan Hanson, Joseph O. Brown and Charles H. Randell. There were 24 members. The property con- sisted of $26,200 in mortgages and cash. The Trustees of the Harlem Library Association at this time were D. P. Ingraham, George L. Ingraham, Robert Belloni, Henry Patterson and Nathaniel Jarvis. The Trustees of the Harlem Library, on 20 July, 1897, " Resolved, that on and after September i, 1897, the Harlem Library be a Free Library." The Library was thereupon registered with the Regents of the University of the State of New York, on 5 November, 1897, under the provisions of the University Law (Laws of 1892, Chapter 378). xc. EXTRACTS FROM THE WILL OF JOHN S. KENYON.* Dated 28 February, 1879. Admitted to Probate in New York, 10 February, 1882. Recorded Liber 291 of Wills, page 29. Article Sixth. I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal to my executors hereinafter named in trust to sell and dispose of all my real estate within ten years after my decease either at public or private sale and on such terms and in such manner as my said Trustees shall deem and determine to be for the best interests of my estate. To sell and convert into cash all my personal property of every name nature and kind whatsoever not hereinbefore dis- posed of except such portions thereof as may be already invested on bond and mortgage on real estate or in good stock and bond securities and which my said Executors may deem to be safely invested and to invest all moneys accruing from the sale of my real and personal property on bond and mortgage on real estate or in securities of the United States. * Mr. Kenyon died on 23 January, 1882. Letters testamentary were granted to Erastus F. Brown and Francis A. Kenyon, the executors and trustees named in the will, both of whom have since died. The trustee of the estate at this time is Joseph Williams. Prior to the transfer, in 1903, to The New York Public Library, Astor, Lenox and Tilden Foundations, the sum of $8,300. was received from the executors and trustees; and since the transfer the additional sum of $800. was received on May 4, 1904. Proceedings are pending to purchase annuities for the annuitants under the will, and to effect a final distribution of the estate. 310 WILL OF JOHN S. KEN YON. 811 [Here follow directions for the setting apart of various sums of money, to provide for the payment of certain annuities, the sum set apart in each case to become part of the residuary estate upon the death of the annuitant and then to be disposed of as hereinafter directed.] And to pay over all the remaining net interest and income of. my estate in semi-annual payments on the first day of January and July, until the Principal of my estate shall be distributed by my executors as hereinafter provided, to my residuary devisees and legatees hereinafter named in equal por- tions, share and share alike. And upon the further trust to distribute and pay over within ten years after my decease in equal portions all the rest residue and remainder of my estate and of the securities forming a part of my residuary estate not hereinbefore disposed of or directed to be set apart for the benefit of the annuitants, hereinbefore named, and also the proceeds arising from the sale of my real estate and all income and interest arising from or growing out of my estate not hereinbefore disposed of, to the fifteen societies or associations hereinafter named, my residuary devisees and legatees, to whom I give and bequeath the same, share and share alike, viz : To the Harlem Library on Third Avenue between one hun- dred and twenty first and one hundred and twenty second streets in the City of New York. ******** It being my will that whenever any part or portion of the money hereinbefore directed to be invested for the annuitants hereinbefore named shall become part of my residuary estate as hereinbefore provided that then and in such case said moneys shall be divided equally between said societies or associations to whom I give and bequeath the same. XCI. EXTRACTS FROM THE WILL OF WILLIAM G. WOOD.* Will dated 20 March, 1876. Admitted to Probate in New York, 31 May, 1890, Recorded Liber 433 of Wills, page 295. At the death of the last of my brothers and sisters and wife I direct my executors or trustees to pay over to the children of my brother John Wood, each ten thousand dollars, also to the children of my sister Elizabeth C. Kenyon, each Ten thousand dollars; also to the children of my brother James Wood, each Ten thousand dollars, also to the children of Maggie A. Belcher, each Ten thousand dollars. Also that they pay over to the trustees of the Harlem Library, the interest arising from the sum of Five thousand dollars annu- ally, said sum to be expended for books for said Library. To my brother James Wood my Library for his use while he lives and after his death to be merged into the Harlem Library. * Mr. Wood died on 6 May, 1890. The executors named in the will were Daniel P. Ingraham, James Wood, and Samuel B. Kenyon. A friendly action was brought for the construction of this will, and by a decree dated October 26, 1891, the direction for the payment of interest on $5,000 to the trustees of the Harlem Library was declared void ; but the gift of the library to James Wood for his life and to the Harlem Library upon his death was held to be valid. Mr. James Wood is still living and in possession of the library given to him for his life. 312 XCII. AGREEMENT BETWEEN JOSEPH THOMPSON AND THE HARLEM CLUB RELATIVE TO CERTAIN RESTRICTIONS ON THE PREMISES NO. 32 WEST 123RD STREET. Dated 18 April, 1891. Recorded in -New York Register's Office, 22 April, 1891. Liber i of Conveyances, Page 448, Section 6, Block 1721. iEHemoran&uni of Slgrcement, made this i8th day of April 1891 Betroecn Joseph Thompson of the City, County and State of New York, party of the first part, and The Harlem Club of New York City, a corporation duly organized and incorporated under the laws of the State of New York, April 27, 1886, party of the second part: ttJljercos in a certain deed from Joseph Thompson to R. Clarence Dorsett, dated June 18, 1888, and recorded June 29, 1888, in the Office of the Register of the City and County of New York, in Liber 2142 of Conveyances at page 350, convey- ing premises situate at the Southeast corner of One Hundred and Twenty-third Street and Lenox Ayenue in said City, Said premises being seventy four (74) feet in width on said. Street by ninety (90) feet ten (10) inches in depth on said Avenue, there are contained among other things, the following restrictions and conditions in the words following, to wit: ^tlb the said party of the second part hereto further cove- nants and agrees for himself his heirs and assigns, that the said party of the second part hereto shall not, nor shall his 313 314 HARLEM LIBRAE Y. heirs, legal representatives or assigns suffer or permit or cause to be erected on any portion of the easterly seventeen (17) feet of the premises hereinbefore described, that is on any part of said premises distant fifty seven (57) feet or more easterly of the easterly side of said Lenox Avenue, any building or erection of any kind soever except a private dwelling for one family only, and not any fiat or tenement house, and the north or front wall of which private dwelling and any part of said wall shall not extend further north or nearer to the line of One hundred and twenty third Street than the two private dwellings now owned by the party of the first part hereto, which are now adjoining to and immediately east of the premises hereinbefore described. 3n ta^t Ijoroeoer said last mentioned private dwellings or either of them shall at any time be altered into or there shall be erected on the lot on which they stand or any portion thereof, a flat or tenement house or anything except a private dwelling for one family only, or the line of frontage shall be altered, in either of these contingencies this covenant and restrictions shall cease and determine. Slje said party of the second part shall not erect nor shall he nor his heirs, legal representatives or assigns, suffer or permit or cause to be erected at any time hereafter any buildings within forty feet of the front of said plot hereby conveyed, except of brick or stone with roofs of slate or metal, nor shall they erect or suffer or permit or cause to be erected upon any portion of the said plot any slaughterhouse, smith shop, forge, furnace, brass foundry, nail or other iron factory, or any manufactory of gun powder, glue, vitriol, varnish, ink or turpentine, or for the tanning, dressing or preparing skins, hides or leather, or any brewery, distillery or any other noxious or dangerous trade or business. ^nl) the said covenants and restrictions shall be covenants and restrictions running with the land, and shall operate against and bind the premises above described, whether in the ownership and possession of the party of the second part, or his heirs, legal representatives or assigns. £iaUl covenants and restrictions, however, are to be for the AGREEMENT RELATIVE TO NO. 33 WEST 123RD ST. 315 benefit only of the two houses and lot immediately adjoining on the east, the premises hereinbefore described, and the owners thereof may terminate and remove them at any time and without regard to owners of other property in the neighborhood ; !^nb tDl)creos the said R. Clarence Dorsett by two deeds each bearing date June 29, 1888, and recorded in said Register's [office] on July 3rd, 1888, in Liber 2147 of Conveyances at page 241, and on January 2nd, 1890, in Liber 2281 of Conveyances, at page 45 respectively, conveyed to the said The Harlem Club of - New York City, the premises conveyed to the said R. Clarence Dorsett by the said Joseph Thompson by deed hereinbefore referred to, subject to all the covenants and restrictions con- tained in said deed; !^nb rol)erettS the said The Harlem Club of New York City is desirous of having the restrictions hereinbefore referred to modified for the purpose of effecting a sale to The Harlem Library of the premises described in the deed hereinbefore referred to as recorded in Liber 2281 of Conveyances at page 45 in said Register's Office; !^nb roljereas the said Thompson, being still the owner of the two houses and lot immediately adjoining on the east the prem- ises last hereinbefore referred to, has agreed to modify said restrictions ; Nora tt)cwfore tljis Agreement tOitttessetl), that the said Joseph Thompson in consideration of the sum of One dollar and other good considerations him thereunto moving doth hereby modify and alter the aforesaid covenants and restrictions affecting the said premises so that the same shall be as follows: The said The Harlem Club of New York City, in considera- tion of the foregoing, covenanting and agreeing to the same as follows ; 53lnb the said The Harlem Club of New York City, party of the second part hereto, further covenants and agrees for itself, its successors and assigns, that the said party of the second part hereto shall not nor shall its successors, or assigns, suffer or permit or cause to be erected on any portion of the 316 HARLEM LIBRAR Y. easterly eleven and one half feet of the premises hereinbefore described, that is on any portion of said premises distant sixty two (62) feet six inches or more easterly of the easterly side of Lenox Avenue, any _building, or erection of any kind soever, the front wall of which shall extend further north or nearer to the line of One Hundred and twenty third Street than the line of frontage, as long as the same shall remain unchanged, of the two private dwellings now owned by the party of the first part hereto, which are now adjoining to and immediately east of the premises last described, nor within five years from the date hereof shall any building be erected thereon excepting a building to be used for the purposes of The Harlem Library and bachelor apartments, the rear wall of which building above the first story shall extend to a line drawn parallel to the South- erly line of One Hundred and twenty-third Street at a distance southerly therefrom of not less than seventy feet ten inches nor more than seventy one feet, and in which building in case steam heat is used the flue shall not be located at the easterly side thereof, and the boiler shall not be placed within five feet of the westerly wall of the building adjoining on the east the said premises; and between said premises and the premises now occupied by the said The Harlem Club of New York City, said last mentioned premises being more fully described in the deed hereinbefore referred to as Recorded in said Register's Office in Liber 2147 of Conveyances at page 241, there shall bene communication, connection or access, as long as the private dwelling houses now owned by said Joseph Thompson and here- inbefore referred to shall continue to be occupied by either the said Joseph Thompson or any of his children. The said party of the second part shall not erect nor shall it, nor its successors or assigns suffer or permit or cause to be erected at any time hereafter any building within forty (40) feet of the front of the said plot except of brick or stone with roofs of slate or metal, nor shall they erect or suffer or permit or cause to be erected upon any portion of the said plot any slaughter-house, smith shop, forge, furnace, brass foundry, nail or other iron factory, or any manufactory of gun powder, glue, vitriol, varnish, ink or turpentine, or for the tanning, dressing. AGREEMENT RELATIVE TO NO. 32 WEST isjRD ST. 317 or preparing skins, hides, or leather or any brewery, distillery or any other noxious or dangerous trade or business ; ^Jlnb the said covenants and restrictions shall be covenants and restrictions running with the land, and shall operate against and bind the premises above described, whether in the owner- ship and possession of the party of the second part, or its suc- cessors, legal representatives or assigns; said covenants and restrictions, however, are to be for the benefit only of the two houses and lot immediately adjoining on the east the premises hereinbefore described, and the owners thereof may terminate and remove them at any time, and without regard to owners of other property in the neighborhood. 3n tDXtuess n)t)ereof the parties hereto have hereunto set their hands and seals the day and year first above written. Joseph Thompson, (l.s.) The Harlem Club of New York City (corporate seal) R. Clarence Dorsett, President. Attest : Edwin F. Raynor, Secretary of The Harlem Club of New York City. XCIII. DEED BY THE HARLEM CLUB OF THE PREMISES NO. 32 WEST 123RD STREET.* Dated 21 May, i8gi. Recorded in New York Register's Office, 4 June, 1891. Liber 4 of Conveyances, Page 210, Section 6, Block 1721. 9i;i)is Jnbentnre made the 21st day of May, 1891, jBetroeen The Harlem Club of New York City, a Corporation duly organized and incorporated under the Laws of the State of New York, April 27th, 1866, party of the first part, and the Harlem Library, a corporation also duly organized and incorporated under the laws of the said State of New York, party of the second part, in manner following: toitnCBeetl), that the said party of the first part, in considera- tion of Fifteen Thousand Dollars, lawful money of the United States, paid by the party of the second part, doth hereby grant and release unto the said party of the second part, its successors and assigns forever: ^U that certain lot, piece or parcel of land situate, lying and being in tlpe City of New York, County and State of New York, and being bounded and described as follows: JBeginning at a point in the Southerly line of 123rd Street, distant along said line Forty (40) feet Easterly from the point formed by the intersection of the Easterly line of Lenox Avenue * The new library building was erected on this property and opened to the public 15 August, 1892. 318 DEED OF NO. 32 WEST i23RD STREET. 319 with the said Southerly line of 123rd Street, and running thence Southerly and parallel to said Easterly line of Lenox Avenue and part of the distance through a party wall slightly encroach- ing on said lot Ninety (90) feet four (4) inches; thence Easterly, and parallel to said Southerly line of 123rd Street Thirty four (34) feet ; thence Northerly, and parallel to said Easterly line of Lenox Avenue and part of the distance through a wall slightly encroaching on said Lot ninety (90) feet four (4) inches to said Southerly line of 123rd Street; thence Westerly, and along said Southerly line of 123rd Street Thirty four (34) feet to the point the place of beginning, be said several distances or dimensions more or less ; ffiogetljer with the right to use as a party wall, without damage however to the building of which it now forms part, and for the purpose only of inserting the ends of the floor and roof timbers used in the construction of the building to be erected as herein- after provided for on the premises hereinafter described, the Easterly half of the wall belonging to the party of the first part hereto and immediately adjoining on the west the said above described premises, with the privilege also to said party of the second part hereto to extend said wall across the gap therein the necessary height for the first story of the building to be erected by said party of the second part hereto as hereinafter provided ; Snbiect however to the covenants and restrictions contained in a certain Deed from R. Clarence Dorsett to the party of the first part hereto dated June 29th 1888 and recorded January 2nd 1890 in the Office of the Register of the City and County of New York in Liber 2281 of Conveyances at page 45, as modified by a certain Agreement between Joseph Thompson and the party of the first part hereto, dated April i8th 1891, and recorded in said Register's Office in Block Series Liber i, section 6 of Conveyances, page 448, April 22d 1891 ; Sonctljer with the appurtenances and all the estate and rights of the party of the first part in and to said premises; a;© Ijaoc onit to Ijolb, the above granted premises unto the said party of the second part, its successors, and assigns forever; 320 HARLEM LIBRAR Y. Bubject however to a certain Indenture of Mortgage made by the said party of the first part hereto to the Executors, etc. of George W. Jewett, deceased, to secure Ten Thousand ($10,000) [dollars] and interest, dated April 3rd, 1890, and recorded in the Office of Register of the City and County of New York, in Liber 2545 of Mortgages at page 179, April 3rd, 1890, on which there remains unpaid the sum of Ten Thousand Dollars (f 10.000) and interest at the rate of Four and one half per cent per annum, from April 3rd 1891, and which said Mortgage said party of the second part hereto hereby assumes and agrees to pay, the amount thereof forming part of and having been deducted from the con- sideration hereinbefore expressed ; ^n& the said party of the first part doth covenant with the said party of the second part as follows ; 3i;t)0t the party of the first part is seized of the said prem- ises in fee simple and hath good right to convey the same; Seconb, That the party of the second part shall quietly enjoy the said premises; 8[t)irb, That the premises are free from encumbrances except as aforesaid ; iToortl), That the party of the first part will execute any necessary assurance of the title to said premises; iTiftl), That the party of the first part will forever warrant the title to said premises ; ^nb the said party of the second part further covenants and agrees with the said party of the first part that within six months from the date of the delivery of this Deed it will commence the erection on said premises of a building suitable for the purpose of the Harlem Library and bachelor apartments, and thereafter complete the same without unreasonable delay. Such limitation as to building and use thereof shall be of binding force and effect upon the said the Harlem Library or its assigns for such period only as the restriction and limitation specified in the agreement hereinbefore referred to between the said The Harlem Club of New York City and Joseph Thompson shall be of binding force and effect upon the said The Harlem Club of New York City, DEED OF ISrO 32 WEST 123RD STREET. 331 namely for a period not exceeding five years from the date of said deed. The height of the first story of said building including coping wall shall not exceed the height of the sill of the second story large window in the Westerly wall of the wellhole of the Club House adjoining on the Westthe premises hereinbefore described, and said building to the extent of said first story can be ex- tended to the rear of said lot above said first story. Said build- ing shall not extend South further than to the opening in the Club House wall, and the light, air and view now obtained from said opening shall never in any wise be obstructed further than is hereinbefore provided for. The covenants and restrictions aforesaid shall be covenants and restrictions running with the land and shall operate against and bind the premises above described whether in the owner- ship of the said party of the second part or its successors, legal representatives or assigns, In ttJUness to)l)crcof, the said parties hereto have caused these presents to be signed by their respective Presidents and attested by their respective Secretaries and their respective Corporate Seals affixed thereto the day and year first above written. The Harlem Club of New York City, (corporate seal.) R. Clarence Dorsett, President. Attest : Edwin F. Raynor, Secretary of The Harlem Club, New York City. Harlem Library, Erastus F. Brown, (corporate seal.) President. Edgar K. Bourne, Secretary of the Harlem Library. XCIV. DEED OF TRANSFER TO THE NEW YORK PUBLIC LIBRARY.* Dated 19 November, 1903. KnotD ail iHlen bp tljese presents, that toljcreos the Har- lem Library is a corporation organized under the laws of the State of New York, maintaining and carrying on a library in the City of New York; and toljereas, by Chapter 57 of the Laws of 1901 of the State of New York, entitled "An Act to Permit Library Corporations in the City of New York to convey their property to The New York Public Library, Astor, Lenox and Tilden Foundations,"** any corporation organized under the laws of the State of New York and maintaining and carrying on a library in the City of New York was authorized and empowered to grant, convey, assign and transfer all real and personal property of which it * The Regents of the University of the State of New York approved of the transfer on January 6th, 1904, and accepted the surrender of the Charter of the Harlem Library on April 26th, 1904. The Trustees of the Harlem Library at the time of the transfer were: D. Phoenix Ingraham, George Landon, Charles W. Dayton, Ronald K. Brown, John Bottomley, William R. Beal, Edgar Ketchum, Charles N. Morgan, Thomas Crawford. The library was conducted in the library building No. 32 West 123rd Street. ** See supra, page 227. 322 DEED OF TRANSFER. 323 might be seized or possessed to The New York Public Library, Astor, Lenox and Tilden Foundations; and U3l)ereo0, the said the Harlem Library is desirous of convey- ing all of its property, both real and personal, to the said The New York Public Library, Astor, Lenox and Tilden Founda- tions; Now tl)Crcfote Know f C, that the said the Harlem Library, in consideration of the sura of one dollar ($i.oo) in hand paid, the receipt whereof is hereby acknowledged, and of other valu- able considerations, by virtue of the power and authority con- ferred upon it by the said Act of the Legislature of the State of New York and of all other power and authority by it possessed, does hereby grant, convey, assign and transfer all real and per- sonal property of which it is or may be seized or possessed, to the said The New York Public Library, Astor, Lenox and Tilden Foundations, to have and to hold the same to the said The New York Public Library, Astor, Lenox and Tilden Founda- tions, its successors or assigns forever, on the following terms, conditions and limitations, viz: ^U property, real and personal, now owned or possessed by the Harlem Library, and the proceeds of any such property in case the same or any part thereof be sold or otherwise disposed of, shall be used for and applied to the free circulation of books and the maintenance of a free public library and reading room in the general locality in which the library building now owned by the Harlem Library is situated ; and the name of the " Harlem Library " shall be perpetuated by a tablet to be placed on the building occupied by said library, bearing an inscription somewhat in the manner following: "New York Public Library, Harlem Library Branch. Harlem Library Foundation, incorporated 1825." Nothing in this agreement contained shall be construed to prevent The New York Public Library, Astor, Lenox and Tilden Foundations, its successors or assigns, from selling or otherwise disposing of any property, real or personal, of which it may at any time be possessed. 324 HARLEM LIBRAE V. 3n toitncSB ruljereof, the parties hereto have caused their respective corporate seals of the said corporations to be affixed hereto, and these presents to be attested by their respective officers thereto duly authorized, this 19th day of November, 1903.* Harlem Library by D. Phoenix Ingraham, (corporate seal.) President. George E. Morgan, Secretary. The New York Public Library, Astor, Lenox and Tilden Foundations, John Bigelow, (corporate seal.) President. C. H. Russell, Secretary. * The Harlem Library having members other than its trustees, the transfer of its property to The New York Public Library was assented to by a vote of two thirds of the members of the corporation voting in person or by proxy at a meeting of the members of the corporation duly called and held, as required by Chapter 57 of the Laws of 1901, on October 6, 1903. A sworn statement by the Secretary of the Harlem Library as to the members of such corporation and as to the proceedings of such meeting is recorded in the Office of the Register of the County of New York. xcv. DEED OF TRANSFER OF NO. 32 WEST 123RD STREET TO THE NEW YORK PUBLIC LIBRARY. Dated 14 December, 1903. Recorded in New York Register's Office, 18 December, 1903. Liber 82 of Conveyances, Page 136, Section 6, Block 1721. Sljis Inbcntnre, made the 14th day of December, in the year one thousand nine hundred and three, between the Harlem Library, party of the first part, and The New York Public Library, Astor, Lenox and Tilden Foundations, party of the second part: toljereaa. The New York Public Library, Astor, Lenox and Tilden Foundations, is a corporation created by and existing under the laws of the State of New York, which said corporation has no members other than its trustees; and iBljereas, the Harlem Library is a corporation created by and existing under the laws of the State of New York, and has members other than its trustees ; and Wijereas, the said the Harlem Library was incorporated for the purpose of creating and perpetuating a public library at Harlem, in the Borough of Manhattan, City of New York; and Wt)ereas, in pursuance of the intention of its founders, the said the Harlem Library has for many years maintained a library at Harlem, in the said Borough of Manhattan, City of New York, and is desirous of transferring all its property to the said The New York Public Library, Astor, Lenox and Tilden 335 326 HA RLEM LIBRA R Y. Foundations, pursuant to the provisions of Chapter 57 of the Laws of 1 90 1*; NotD, tl)ereforc, tl)is Snbcntore aiitnessctl): That in considera- tion of the premises and of the sum of One dollar to it paid by the party of the second part, the receipt whereof is hereby acknowledged, the said the Harlem Library, the party of the first part, has granted, bargained, sold, assigned, transferred and set over, and by these presents does hereby grant, bar- gain, sell, assign, transfer and set over to The New York Public Library, Astor, Lenox and Tilden Foundations, party of the second party, all the real property of the said the Harlem Library, together with all interest in or rights to any real property in the County of New York and elsewhere, wher- ever the same may be situated, including the property now owned and occupied by the Harlem Library, which is more specifically described as follows : ^11 that certain lot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, in the City of New York, County and State of New York, and being bounded and de- scribed as follows. IBejgiltniug at a point in the southerly line of 123d Street distant along said line forty (40) feet easterly from the point formed by the intersection of the easterly line of Lenox Ave- nue with the said southerly line of 123d Street, and running thence southerly and parallel to said easterly line of Lenox Avenue and part of the distance through a party wall slightly encroaching on said lot ninety (90) feet four (4) inches; thence easterly and parallel to said southerly line of 123d Street thirty-four (34) feet; thence northerly and parallel to said easterly line of Lenox Avenue and part of the distance through a wall slightly encroaching on said lot ninety (90) feet four (4) inches to said southerly line of 123d Street; thence westerly and along said southerly line of 123d Street thirty-four (34) feet to the point or place of beginning. Be said several distances or dimensions more or less. Sogctljer with the appurtenances and all the estate and rights of the said party of the first part, in and to the said premises. * See supra, page 227. DEED OF TRANSFER OF NO. 32 WEST isjRD STREET, 337 ®0 \\aoe onb to l)oib the said real estate above specifically described, and also all other real estate, as aforesaid, in and to which said the Harlem Library has any right, title or interest, to the party of the second part, its successors and assigns forever; subject, however, to all covenants and restric- tions affecting any of said real estate in so far as there may be any now in force and affecting any of said premises, the said premises above specifically described being conveyed subject to a mortgage now thereon, made to secure the sum of ten thousand dollars ($10,000), and also to certain leases and taxes, and to any and all other incumbrances which may be thereon. Said premises to be held and maintained by the party of the second part, or its successors, as a public library forever, or until such time as the party of the second part shall deem it advisable to remove the library to some more suitable location in Harlem, in which case, this covenant shall be void, and the premises to which the library shall be moved, shall be still identified by a suitable tablet as the " Harlem Library Foun- dation, incorporated 1825." In VOxXntm tnlicreof, the party of the first part has caused its corporate seal to be hereto affixed, and this instrument to be executed by its president the day and year first above written. Harlem Library by D. Phcenix Ingraham, (corporate seal,) President. Geo. E. Morgan, Secretary. Documents IRelating to ^ottenviUe Xlbrari? Hseociation. XCVI. PROVISIONAL CHARTER FROM THE UNIVERSITY OF THE STATE OF NEW YORK.* Dated 26 June, 1899. Recorded in the office of the Regents OF the University of the State of New York, Albany, 26 June, 1899. University of the State of New York. Provisional Charter of tottenville library association. tiJljercaa, a petition for incorporation as an institution of the University has been duly received, and Wljereas, official inspection shows that partial provision has been made for buildings, furniture, equipment and for proper maintenance, and that all other prescribed requirements will be fully met, S[l)erefor£, being satisfied that public interests will be pro- moted by such incorporation, the Regents, by virtue of the authority conferred on them by law, hereby incorporate pro- visionally Cynthia M. Little, Mary L. Mason, Gilbert S. Barnes, Judson C. Hendrickson, Frank Joline, and their associates and successors in office under the corporate name of Tottenville Library Association, with all powers, privileges and duties, and subject to all limitations and restrictions prescribed for such * The Association was organized as the result of a public meeting held 6 February, 1899. Tottenville Library Association was incorporated under the provisions of "The University Law," being Chapter 378 of the Laws of 1892, as amended by Chapter 859 of the Laws of 1895. 331 333 TOTTEMVILLE LIBRARY ASSOCIATION. corporations by law or by the ordinances of the University of the State of New York. The first trustees of said corporation shall be the above named incorporators. The number of trus- tees shall be five, and their successors shall be elected by the corporation, one each year to serve five years. This corporation shall be located at Tottenville, Richmond County, New York. If within five years satisfactory evidence is submitted that all requirements of law or University ordinances as then in force are fully met, the Regents will make this charter absolute, but otherwise after June 26, 1904, on notice from the Regents to this effect, it shall terminate and become void and sjiall be surrendered to the Regents. Jfn roitneBS tDl)Cr£Of the Regents grant this charter No. 1276, under seal of the University, at the capitol in Albany, June 26, 1899. (seal of the university.) Melvil Dewey, Anson Judd Upson, Secretary. Chancellor. XCVII. DEED OF TRANSFER TO THE NEW YORK PUBLIC LIBRARY.* Dated 31 December, 1903. Knotn ail men b2 tijcse presents tl)at: w\)exeaB the Tottenville Library Association is a corpora- tion organized under the laws of the State of New York, main- taining and carrying on a library in the City of New York, having members other than its directors or trustees; and tDl)ereas by Chapter 57 of the Laws of 1901 of the State of New York, entitled "An Act to permit library corporations in the City of New York to convey their property to The New York Public Library, Astor, Lenox and Tilden Foundations,"** any corporation organized under the laws of the State of New York and maintaining and carrying on a library in the City of New York was authorized and empowered to grant, convey, assign and transfer all real and personal property of which it * The Regents of the University of the State of New York approved of the transfer on 10 February, 1904, and accepted the surrender of the Charter of the Tottenville Library Association on 26 April, 1904. The Trustees of the Tottenville Library Association at the time of transfer were: Frank Joline, Charles A. Marshall, Charles T. Meyers, G. S. Barnes and John B. Rowlands. The library was conducted in rented quarters at No. 137 Johnson Avenue, Tottenville, Staten Island. A branch also was conducted at the S. S. White Dental Co. buildings at Prince's Bay, Staten Island. The Library was removed to the new building, erected under the Andrew Carnegie Gift, on Amboy Road in Tottenville, and was opened to the public on 28 Nov- ember, 1904. The greater part of the land for this building was given to the City of New York for the purpose by Mr. William Ziegler. ** See supra, page 227. 333 334 TOTTENVILLE LIBRARY ASSOCIATION. might be seized or possessed to The New York Public Library, Astor, Lenox and Tilden Foundations; and tol)ereaB the said Tottenville Library Association is desirous of conveying all its property of whatever kind to the said The New York Public Library, Astor, Lenox and Tilden Foundations; NotD, tljcrefore, knoro ge that the said Tottenville Library Association, in consideration of the premises and of one dollar to it in hand paid, receipt whereof is hereby acknowledged, by virtue of the power and authority conferred upon it by the said Act of the Legislature of the State of New York, and of all other power and authority by it possessed, does hereby grant, convey, assign and transfer all real and personal property of whatever kind of which it is or may be seized or possessed to the said The New York Public Library, Astor, Lenox and Tilden Foundations, to have and to hold the same to the said The New York Public Library, Astor, Lenox and Tilden Foundations, its successors and assigns forever. jjn U)itnes6 n)l)er«of the said Tottenville Library Associa- tion has caused its seal to be hereunto affixed and these pres- ents to be attested by its proper officers, this thirty-first day of December in the year One thousand nine hundred and three.* Frank Joline, (corporate seal.) President. Charles T. Meyers, Secretary. * The Tottenville Library Association having members other than its trustees, the transfer of its property to the New York Public Library was assented to by a vote of more than two-thirds of the members of the corporation voting in person or by proxy at a meeting of the members of the corporation, duly called and held as required by Chapter 57 of the Laws of igoi, on 14 August, 1902, and ratified at a members' meeting held 14 July, 1903. Documents IRelatlng to tbe Xibrari? of tbe 'mniverelti? Settlement Society of mew l^orF?. XCVIII. CERTIFICATE OF INCORPORATION OF THE UNIVERSITY SETTLEMENT SOCIETY OF NEW YORK. Dated i March, 1892. Approved by the Supreme Court, 4 March, 1892. Filed in the office of the Secretary of State, Albany, New York, 7 March, 1892. Filed in the office of the County Clerk, New York County, 4 March, 1892. Certificate of Incorporation of the University Settle- ment Society of New York. The undersigned persons, all of whom are of full age and citizens of the United States, and a majority of whom are also citizens of the State of New York, who desire to form them- selves into a society for social, mutual benefit, philanthropic and benevolent purposes, pursuant to and in conformity with an act entitled "An act for the incorporation of societies or clubs for certain lawful purposes," being chapter two hundred and sixty-seven of the Laws of eighteen hundred and seventy- five, and with the several laws amendatory thereof or supplemen- tary thereto, hereby certify as follows: ifitst: Such Society shall be known in law by the name and title of the University Settlement Society of New York. Qecoritt : The particular business and objects of this Society shall be: To bring men and women of education into closer relations with the laboring classes in this city for their mutual benefit, and to establish and maintain in the tenement-house districts places of residence for college men and others desirous 337 338 UNIVERSITY SE TTLEMENT SOCIE T V LIBRAR Y. of aiding in the work ; with rooms where the people of the neighborhood may rheet for social and educational purposes. @I^i)irb : The number of Directors to manage such Society shall be eighteen, and the names of such directors for the first year of the existence of the said Society are: Frank L. Babott, Samuel H. Ordway, R. R. Bowker, John B. Pine, Abram C. Bernheim, Henry D. Sedgwick, Jr., Alanson T. Enos, James R. Sheffield, Joseph B. Gilder, Fanny Garrison Villard, Frank J. Goodnow, Evart Jansen Wendell, Seth Low, Henry Holt, P. J. Mosenthal, Edmond Kelly, and William S. Opdycke, Howard Mansfield. iFonrtt) : The principal office and place of business of such Society shall be in the City, County and State of New York. 3fn tnitness toljcreof, we have hereunto severally subscribed our names in the City of New York, this first day of March, in the year one thousand eight hundred and ninety-two. John B. Pine. Frank J. Goodnow. Alanson T. Enos. Philip J. Mosenthal. Fanny G. Villard. Henry D. Sedgwick, Jr. Henry Holt. James R. Sheffield. XCIX. DEED OF TRANSFER OF THE LIBRARY PROPERTY OF THE UNIVERSITY SETTLEMENT SOCIETY TO THE NEW YORK PUBLIC LIBRARY.* Dated 31 December, 1903. Knott) all men bg tl)csc presents tl)at: uJljcreas the University Settlement Society is a corpora- tion organized under the laws of the State of New York, having as one of its purposes the maintaining and carrying on of a library in the City of New York ; and toljercos The New York Public Library, Astor, Lenox AND TiLDEN FOUNDATIONS, is about to Construct a library build- ing adjoining the building now occupied by the University Set- tlement Society, which building is to be constructed under the gift of Andrew Carnegie, and is to be part of the system of libra- ries belonging to and maintained by the City of New York under the terms of a contract dated July 17, 1901 ; and tol)erea0 the said University Settlement Society is desirous of conveying its library property to the said The New York Public Library, Astor, Lenox and Tilden Foundations, Notn, tljereforc, know ge that the said University Settlement Society, in consideration of the premises and of one dollar to it * The library at the time of transfer was contained in the building of the University Settlement Society at No. 184 Eldridge Street. A building is now in course of erection, under the Andrew Carnegie Gift, at Nos. 61-63 Rivington Street, for this library. The University Settlement Society library was registered with the Regents of the University of the State of New York on 20 October, 1896. The Regents approved of the transfer on i November, 1904. 839 340 UNIVERSITY SETTLEMENT SOCIETY LIBRARY. in hand paid, receipt whereof is hereby acknowledged, does hereby grant, convey, assign and transfer its library of printed books, pamphlets and manuscripts contained in the Settlement Building to the said The New York Public Library, Astor, Lenox and Tilden Foundations, to have and to hold the same to the said The New York Public Library, Astor, Lenox and Tilden Foundations, its successors and assigns forever, on con- dition, nevertheless, that the said The New York Public Li- brary, Astor, Lenox and Tilden Foundations shall continue to maintain a library in the building of the Settlement until the opening of the library building to be constructed under the gift of Andrew Carnegie in the vicinity of the Settlement Building. 3n tuitness n)l)ereofthe said University Settlement Society has caused its seal to be hereunto affixed and these presents to be attested by its proper officers this thirty-first day of December in the year One thousand nine hundred and three. Stephen H. Olin, President. (corporate seal) Seymour L. Cromwell, Secretary. Documents IRelatlng to tbe Mebstcr jfrce Uibrar^ of Zl)c East Slbe Ibouse. c. CERTIFICATE OF INCORPORATION OF THE EAST SIDE HOUSE.* Dated 5 June, 1891. Approved by the Supreme Court, 8 June, 1891. Filed in the office of the Secretary of State, Albany, New York, 9 June, 1891. Filed in the office of the County Clerk, New York County, 8 June, 1891. ©Ills i0 to ccrtifg That we, the undersigned, all of full age and citizens of the United States, desire and propose to form ourselves into a society or club for social, benevolent, gymnas- tic, athletic and literary purposes, under the act of the Legis- lature of the State of New York, entitled "An Act for the incorporation of societies or clubs for certain lawful purposes," passed May 12th, 1875, and of the several acts amendatory thereof and supplementary thereto, and we do hereby make, sign and acknowledge this certificate in writing and further state : I. The name or title under which the said proposed society or club shall be known in law is The East Side House. * The East Side House was organized by the Church Club of the City of New York, on 20 April, 1890, and was incorporated under Chapter 267 of the Laws of 1875. On 31 March, 1893, Mr. Charles B. Webster offered to the trustees the sum of $10,000 for the erection of a library building on the land of The East Side House adjoining its Settlement Building. This offer was accepted, and the building subsequently erected was opened to the public on 15 January, 1894. On September i, 1893, Mr. Edward Clarence Spofford presented to the trustees 4,000 volumes for the new library. 343 344 WEBSTER FREE LIBRAR Y. II. The particular business or object of such society or club is to furnish to members thereof and to others facilities for social intercourse, for literary, gymnastic and athletic exercises and amusements, to maintain a library and reading-room, and to promote benevolence among its own members and others. III. The number of managers who shall manage the same is seven, and a majority of the same shall at all times be members of the Protestant Episcopal Church in the United States of America. IV. The names of the managers for the first year of its existence are Everett P. Wheeler, J. Van Vechten Olcott, John Brooks Leavitt, Richard H. Derby, John Sabine Smith, Edward R. Satterlee and Joseph H. Sterling. V. The principal office of such society or club shall be in the City and County of New York. jjn roitneos n)l)ereof, we, the undersigned, have hereunto set our hands and seals, the fifth day of June, 1891. Everett P. Wheeler, (Seal) Edward R. Satterlee, (Seal) John Brooks Leavitt, (Seal) Richard H. Derby, (Seal) John S. Smith, (Seal) J. Van Vechten Olcott, (Seal) Joseph H. Sterling, (Seal) CI. DEED OF TRANSFER OF THE WEBSTER FREE LIBRARY TO THE NEW YORK PUBLIC LIBRARY.* Dated 31 December, 1903. Knou) oU men bg tl)csc prcseitta tl)at: U)l)ereas The East Side House settlement is a corporation organized under the laws of the State of New York, having as one of its purposes the maintaining and carrying on of a library in the City of New York; and Ujf)crca0, The New York Public Library, Astor, Lenox AND TiLDEN FOUNDATIONS, is about to Construct a library build- ing in the vicinity of the building now occupied by The East Side House settlement, which building is to be constructed under the gift of Andrew Carnegie, and is to be part of the system of libraries belonging to and maintained by the City of New York under the terms of a contract dated July 17, 1901 ; and V3l)exea3 the said East Side House settlement is desirous of conveying its library property to the said The New York Public Library, Astor, Lenox and Tilden Foundations. Now, tljcrefore, know gc that the said East Side House settle- * At the time of the transfer the Hbrary was conducted in the Webster Library building, belonging to The East Side House, at 76th Street and the East River. A new building is being erected for this library at Nos. 1465-1467 Avenue A, under the Andrew Carnegie Gift. The Webster Free Library was registered with the Regents of the University of the State of New York, on 4 September, 1894. The Regents approved of the transfer on January 6, 1904. 345 346 WEBSTER FREE LIBRARY. ment, in consideration of the premises and of one dollar to it in hand paid, receipt whereof is hereby acknowledged, does hereby grant, convey, assign and transfer its library of printed books, pamphlets and manuscripts contained in the Settlement Building known as the Webster Library building to the said The New York Public Library, Astor, Lenox and Tilden Foundations, to have and to hold the same to the said The New York Public Library, Astor, Lenox and Tilden Foundations, its successors and assigns forever, on condition nevertheless that the said The New York Public Library, Astor, Lenox and Tilden Foun- dations shall continue to maintain a library in the building of the Settlement until the opening of the library building to be constructed under the gift of Andrew Carnegie in the vicinity of the Settlement Building, subject to such reservation of books of reference suitable to the settlement reading room as may be agreed upon between the parties hereto. 3n roitness roliereof the said East Side House Settlement has caused its seal to be hereunto affixed and these presents to be attested by its proper officers this thirty-first day of December in the year One thousand nine hundred and three. The East Side House by Everett P. Wheeler (corporate seal.) President. William H. Kelly Secretary. Documents IRelatina to tbe Catbebral jfree Clrculatina Xibrar^. CII. CHARTER FROM THE UNIVERSITY OF THE STATE OF NEW YORK.* Dated 15 October, 1896. Recorded in the Office of the Regents of the Uni- versity OF THE State of New York, Albany, 15 October, 1896. University of the State of New York. Charter of Cathedral Free Circulating Library. tol)ercO0 a petition for incorporation as an institution of the University has been duly received, and baifexeas official inspection shows that suitable provision has been made for buildings, furniture, equipment and for proper maintenance, and that all other prescribed requirements have been fully met; ^i]txei0Vei being satisfied that public interests will be pro- moted by such incorporation, the Regents, by virtue of the * A circulating library for parishioners of the Cathedral parish was organized in St. Patrick's Cathedral in November, 1887, and was opened in the Cathedral School hall, No. iii East 50th Street, on 3 January, 1888. By the courtesy of the Trustees of St. Patrick's Cathedral, the library was removed, in February, 1892, to the building No. 123 East 50th Street, which was the property of the Cathedral corporation; and in 1893 the library was thrown open to the public as a free circulating library. At the time of consolidation with the New Vork Public Library five branches were conducted, as hereinafter enumerated. (See footnote at page 351.) In 1896 the Cathedral Free Circulating Library was incorporated under the provisions of the University Law, being Chapter 378 of the Laws of 1892, as amended by Chapter 859 of the Laws of 1895. 349 350 CA THEDRAL FREE CIRCULA TING LIBRAR Y. authority conferred on them by law, hereby incorporate Joseph J. O'DoNOHUE, John D. Crimmins, Thomas O'Donohue, John Hayes, Henry McAleenan, Patrick E. Lynch, James L. McLaughlin and their successors in office under the corporate name of Cathedral Free Circulating Library with all powers, privileges and duties, and subject to all limita- tions and restrictions prescribed for such corporations by law or by the ordinances of the University of the State of New York. The first trustees of said corporation shall be the above named incorporators. The number of trustees shall be seven and they shall have power to choose their own successors. This corporation shall be located in the city, county and state of New York. In toitncss tiJljercof the Regents grant this charter No. 1043 under seal of the University, at the capitol in Albany, October IS, 1896. Anson Judd Upson [seal of the university] Chancellor Melvil Dewey Secretary cm. DEED OF TRANSFER TO THE NEW YORK PUBLIC LIBRARY.* Dated 31 December, 1904. \incm all men be tl)ege presente tl)at tDI)creas, the Cathedral Free Circulating Library is a corporation organized under the Laws of the State of New- York, maintaining and carrying on a library in the City of New York, and iDI)e«OS, by Chapter 57 of the Laws of 1901 of the State of New York, entitled "An Act to permit Library Corporations in the City of New York to convey their property to The New Public Library, Astor, Lenox and Tilden Foundations,** any corporation organized under the Laws of the State of New York and maintaining and carrying on a library in the City of New York was authorized and empowered to grant, convey, assign * The Regents of the University of the State of New York approved of the transfer on 16 January, 1905. The Trustees of the Cathedral Free Circulating Library, at the time of the transfer, were: John Hayes, Joseph H. McMahon, Joseph F. Mooney, Malick A. Cunnion, M. J. Considine, Henry McAIeenan, Edward J. McGuire, Thomas F. Woodlock, Thomas J. O'Donohue and John D. Crimmins. The Library had five branches, conducted in rented quarters, at No. 536 Amsterdam Avenue, No. 123 East 50th Street, No. 463 West 51st Street, No. 501 West 40th Street, and No. 230 East 22d Street; and conducted several small stations and travelling libraries. ** See supra, page 227. 351 352 CATHEDRAL FREE CIRCULATING LIBRARY. and transfer all real and personal property of which it might be seized or possessed to The New York Public Library, Astor, Lenox and Tilden Foundations; and the said the Cathedral Free Circulating Library is desirous of conveying all its prop- erty to the said The New York Public Library, Astor, Lenox and Tilden Foundations, NotD, tl)ereforc, knotn ge, that the said the Cathedral Free Circulating Library, in consideration of the premises and of one dollar to it in hand paid, the receipt whereof is hereby acknowledged, by virtue of the power and authority conferred upon it by the said Act of the Legislature of the State of New York, and of all other power and authority by it possessed, does hereby grant, convey, assign and transfer all real and personal property of which it is or may be seized or possessed to the said The New York Public Library, Astor, Lenox and Tilden Foundations, So tjaue onb to Ijoli* the same to the said The New York Public Library, Astor, Lenox and Tilden Foundations, and its successors and assigns, forever, 3n toitness tOljereof, the said the Cathedral Free Circu- lating Library has caused this instrument to be executed by its proper oflScers and its seal attached hereto and attested, this thirty-first day of December, in the year One thousand nine hundred and four. Cathedral Free Circulating Library, by John Hayes, [corporate seal] President. Attest: Joseph H. McMahon, Secretary. niMscellaneous documents IRcIatlng to ^be mew l^orft public Xibrari?, Hstor, Xenoi anb ^ilben ifounbations. CIV. AGREEMENT FOR THE DEPOSIT OF BIBLES BY THE AMERICAN BIBLE SOCIETY. Dated 14 October, 1896. ®l)is J^grcenwnt, made the Fourteenth day of October, eight- een hundred and ninety-six, between The American Bible Society, a corporation organized under the Laws of the State of New York, party of the first part, and The New York Pub- lic Library, Astor, Lenox and Tilden Foundations, a cor- poration organized under the Laws of the State of New York, party of the second part. iUitnessetl) as follows : iTirst : In order to secure the safe-keeping of its Bibles and books relating to the Bible and at the same time to make them accessible to the public under the most favorable conditions. The American Bible Society offers to deposit with The New York Public Library, Astor, Lenox and Tilden Foundations, its collection of books and Bible manuscripts, reserving such as may be needed for reference in its regular work. 0econlr: The New York Public Library, Astor, Lenox and Tilden Foundations, accepts the deposit and undertakes to make the collection available for the use of the public under such restrictions as are or may be observed in the Lenox Department of the Public Library; taking the same precautions against damage or loss, especially by fire or robbery, as in the case of its own property. Sljirii: The transfer of the books and manuscripts above mentioned is to be made at the expense of The American Bible Society and at the convenience of the respective librarians. 355 356 MISCELLANEOUS DOCUMENTS. iFonttI) : A duly accredited representative _ of The American Bible Society shall have personal access to the above-mentioned collection at any reasonable hours. ififtl) : The right is reserved by The American Bible Society to withdraw temporarily any volumes which it may desire. SyrtI) : Either party to this agreement may cause it to be ter- minated by giving notice to that effect twelve months in advance; but, in case such notice shall be given by The Amer- ican Bible Society within twenty-five years from the present time, a reasonable amount shall be paid to The New York Pub- lic Library, Astor, Lenox and Tilden Foundations, for the ex- pense which it may have incurred in making a catalogue of the books. 3fn tDitncss toljereof, the parties hereto have caused their cor- porate seals to be hereunto affixed and these presents to be attested by their duly authorized officials on the day and year first above written. The American Bible Society, [corporate seal.] E. L. Fancher, President. Caleb T. Rowe, Recording Secretary. The New York Public Library, AsTOR, Lenox and Tilden Foundations. [corporate seal.] John Bigelow, Presfdent. G. L. Rives, Secretary. cv. EXTRACT FROM THE WILL OF ALEXANDER M. PROUDFIT.* Will dated 7 February, 1899. Admitted to Probate in New York, 17 April, i8gg. Recorded Liber 617 of Wills, page 38. Article Twenty- Fourth. I give and bequeath to the New York Public Library the sum of Ten thousand dollars (f 10, 000), to be known as the "James Owen Proudfit Fund." It is my wish that the income from said fund be used for purchasing books on naval history. * Alexander M. Proudfit died on February 10, 1899. The sum of $10,000 was received by The New Yorlc Public Library, Astor, Lenox and Tilden Foundations, during the years 1899 and igoo. 357 CVI. DEED BY BREINCHEN WALLACH OF THE PREMISES NO. 222 EAST 79TH STREET.* Dated 6 May, igoi. Recorded in New York Register's Office, 6 May, igoi. Liber 74 of Conveyances, page 251, Section 5, Block 1433. ®l)is Jnbetttttre, made the sixth day of May, in the year nine- teen hundred and one, betmutl Breinchen Wallach, formerly Breinchen Rothschild, wife of Karl M. Wallach, of the City, County and State of New York, party of the first part, and The New York Public Library, Astor, Lenox and Tilden Foun- dations, party of the second part: toitneSBCtl), that the said party of the first part, in considera- tion of one dollar and other good and valuable considerations, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the said party of the second part, its successors and assigns forever: . That the said premises are free from incum- brances, except as aforesaid. iTonttl). That the party of the first part will execute or procure any further necessary assurance of the title to said premises. iFiftl). That the said party of the first part will forever warrant the title to said premises. 3fn roitneBB tnljctjeof, the said party of the first part has here- unto set her hand and seal the day and year first above written. Breinchen Wallach (seal). evil. DEED BY SAMUEL ARONSON AND WIFE OF THE PREMISES NO. 224 EAST 79TH STREET. Dated 22 April, 1901. Recorded in New York Register's Office, 23 April, 1901. Liber 76 of Conveyances, page 115, Section 5, Block 1433. QL\)is Unhentave, made the 22nd day of April, in the year one thousand nine hundred and one, between Samuel Aronson and Rachel Aronson his wife, of the City, County and State of New York, parties of the first part, and The New York Public Library, Astor, Lenox and Tilden Foundations, a corpora- tion organized and existing under the laws of the State of New York, party of the second part : (Ditnessett), that the said parties of the first part, in considera- tion of the sum of One ($1.00) Dollar, lawful money of the United States, and other valuable considerations, paid by the party of the second part, does hereby grant and release unto the said party of the second part, its successors and assigns forever, !Ml that lot of land with the dwelling house thereon situate, in the 19th Ward of New York City, Manhattan Borough, and^ bounded and described as follows: }inning at a point on the southerly side of 79th Street dis- tant two hundred and eighty-five feet easterly from the south- easterly corner of Third Avenue and 79th Street; running thence easterly along the southerly side of 79th Street twenty feet; thence southerly parallel with Third Avenue and partly through the wall of the house standing next adjoining on the east one hundred and two feet and five inches to the centre line of the 361 362 MISCELLANEOUS DOCUMENTS. block ; thence westerly along such centre line and parallel with 79th Street twenty feet; and thence northerly parallel with Third Avenue and partly through a party wall one hundred and two feet and five inches to the place of beginning. With right to the use of the said wall of said house adjoining on the east as a party wall, pursuant to the party-wall agreement between Orlando S. Williams, Jr., and James W. Britt and Marshall Long dated October 29th, 1868, recorded same day in the office of the Register of the City and County of New York in liber 1054 of Conveyances, Page 492. ®ogetl)er with the appurtenances and all the estate and rights of the parties of the first part in and to said premises. So l)aDe anb to Ijolb the above granted premises unto the said party of the second part, its successors and assigns forever, sub- ject to rights of tenants expiring May ist, 1901. 3lnl> the said Samuel Aronson does covenant with the said party of the second part as follows : iFirot. That the said Samuel Aronson, the party of the first part, is seized of the said premises in fee simple and has good right to convey the same. 0«conb. That the party of the second part shall quietly enjoy the said premises. 9n)irlb. That the said premises are free from incum- brances except as aforesaid. iTotirtl). That the parties of the first part will execute or procure any further necessary assurance of the title to said premises. i^iftl). That the said Samuel Aronson will forever warrant the title to said premises. 3n toitness n)l)er£of, the said parties of the first part have here- unto set their hands and seals the day and year first above written. Samuel Aronson (seal) Rachel Aronson -j- her mark (seal) CVIII. ACT INCREASING THE NUMBER OF THE TRUSTEES OF THE NEW YORK PUBLIC LIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS. Passed 7 February, 1902. Laws of 1902, Chapter 21. An Act in Relation to the Composition of the Board of Trustees of the New York Public Library, Astor, Lenox and Tilden Foundations. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The number of the Trustees of The New York Public Library, Astor Lenox and Tilden Foundations, is hereby increased from twenty-one to twenty-five. Eleven Trustees shall continue to constitute a quorum for the dispatch of any business. Qettioxi 2. The Mayor of the City of New York ex-officio, the Comptroller of the City of New York ex-officio, and the President of the Board of Aldermen of the City of New York ex-officio, shall at all times hereafter, by virtue of their respective offices, be members of the said Board of Trustees. Section 3. The other twenty-two members of the Board of Trustees of the said Corporation shall be elected in such manner and for such terms of office as the By-Laws of the said Corpora- tion may from time to time provide. Section 4. This act shall take effect immediately. 363 CIX. AGREEMENT RELATIVE TO THE ERECTION OF A LIBRARY BUILDING ON THE PREMISES NOS. 103 AND 105 WEST 135TH STREET.* Dated 20 November 1903. 9[l)is !^gU£ment made and concluded this 20th day of Novem- ber, in the year One Thousand Nine Hundred and Three, be- tween The New York Public Library, Astor, Lenox and TiLDEN Foundations, a corporation duly organized in the State of New York, party of the first part; and William G. Nichols, as executor, and Juliana A. Ferguson and Jane P. Livingston Armour, as executrices of the last Will and Testament of Her- man O. Armour, deceased ; and Juliana A. Ferguson and Mary A. Nichols, as residuary devisees under said last Will and Tes- tament of Herman O. Armour, deceased, of the City of New York and the State of New York, parties of the second part, iDitncseetl) : tot)£reos an agreement was entered into between The New York Public Library, Astor, Lenox and Tilden Foundations, and the City of New York, on the 17th day of July, 1901, by which the City of New York agreed to acquire title by gift, purchase or by condemnation to sites in the Borough of Man- hattan, The Bronx and Richmond for the purpose of the erec- tion thereon of free branch libraries, and The New York Public Library, Astor, Lenox and Tilden Foundations, acting as agent for Mr. Andrew Carnegie, agreed therein to erect library build- * These premises were acquired by the City of New York on 16 February, 1904, and one of the library buildings provided by the gift of Andrew Carnegie is being erected thereon. 364 AGREEMENT RELATIVE TO NOS. I03-S WEST isjtb STREET. 365 ings on such lands with the funds to be contributed by Andrew Carnegie as therein provided, and by such agreement the said The City of New York did thereby grant, demise and let unto The New York Public Library, Astor, Lenox and Tilden Foundations, and its successors, on the erection of such build- ings in each case, the land or real estate so acquired for sites with all improvements upon the same or any of the same, together with the appurtenances, to have and to hold the same in each case unto the said The New York Public Library, Astor, Lenox and Tilden Foundations, and its successors, so long as they shall continue to maintain upon the same respectively free branch public libraries and reading rooms and so long as they shall keep, perform and observe the covenants and conditions contained in said agreement; and tOljereae The City of New York has entered into an agree- ment with the parties of the second part dated September first, 1903, by which the City of New York agreed to purchase the property of the estate of Herman O. Armour, deceased, in which estate the parties of the second part hereto are interested as executors or devisees, as follows, to wit: !31U those certain lots, pieces or parcels of land situate in the Borough of Manhattan, City, County and State of New York, more fully described as follows: Beginning at a point on the North side of 135th Street distant 100' West from the Westerly side of Lenox Avenue, running thence North- erly and parallel with Lenox Avenue 99-1 1" to the center line of the block, thence Westerly and parallel with 135th Street 50', thence Southerly and parallel with Lenox Avenue 99'-ii"to the Northerly side of 135th Street, and thence Easterly along the Northerly side of 135th Street 50' to the point or place of beginning. ^nb totjercaa the parties of the second part have agreed to sell to The City of New York the property described as afore- said on condition that they shall receive from the Trustees of The New York Public Library, Astor, Lenox and Tilden Foun- dations, a formal assurance and agreement that the building contemplated to be erected thereon and all subsequent buildings 366 MISCELLANEOUS DOCUMENTS. which may hereafter be erected on said plot shall not be built on more than 40', front and rear, of said property, and that the remaining portion of the land, 10' front and rear, on the West side of the plot shall be left forever vacant, to be used for light and air by the buildings contemplated to be erected on either side of it; but that in case said assurance be not given before the delivery of the deed of the within mentioned property then the contract shall become null and void and cease to exist. NotD i^iXiiaxt it is agreed between the parties hereto as fol- lows: iTirst: The New York Public Library, Astor, Lenox and Tilden Foundations, the party of the first part, agrees to erect the library building now contemplated to be erected out of the funds provided by Mr. Andrew Carnegie on that portion of the above described plot of land more particularly described as fol- lows, to wit: beginning at a point on the Northerly side of i3Sth Street distant 100' West from the Westerly side of Lenox Avenue, running thence northerly and parallel with Lenox Avenue, 99-1 1' to the center line of the block, thence Westerly and parallel with 135th Street 40', thence Southerly and parallel with Lenox Avenue 99'-! 1' to the Northerly side of 135th Street, and thence Easterly along the Northerly side of i3Sth Street 40' to the point or place of beginning. 0econb : The New York Public Library, Astor, Lenox and Tilden Foundations, agrees for itself and its successors and assigns that the remaining portion of the plot shall never be built upon but shall forever remain free and clear. ©Ijirb : It is agreed between the parties hereto for themselves their heirs, executors, successors and assigns, that the remain- ing portion of the plot, 10' in width throughout the depth of the plot, shall forever be used by the Library building and also by any building which may hereafter be erected on the plot ad- jacent thereto on the West for light and air, and it is understood and agreed that nothing in this agreement shall prevent either of the parties, their heirs, executors, successors or assigns, from extending cornices or windows or purely ornamental work over AGREEMENT RELA TIVE TO NOS. 103-s WEST zjsTH STREET. 307 the strip of land referred to ; and nothing in this agreement shall prevent the party of the first part hereto from having and maintaining an entrance to the library building upon the strip of ground referred to, and an approach to the building over such ground, or in making such other use of this land as is not inconsistent with this agreement and with the grant above re- ferred to. iXJitness our hands and seals to this instrument which is executed in duplicate. The New York Public Library, AsTOR, Lenox and Tilden Foundations, John S. Kennedy, Chairman Executive Committee. Wm. G. Nichols, (seal. as executor, etc. Juliana A. Ferguson, (seal. as executrix, etc. Jane P. Livingston Armour, (seal. as executrix, etc. Juliana A. Ferguson, (seal. Mary A. Nichols, (seal. ex. DEED OF GIFT BY JAMES DOUGLAS OF PREMISES IN KINGSBRIDGE TO THE NEW YORK PUBLIC LIBRARY.* Dated 2 June, 1904. Recorded in New York Register's Office, 22 July, 1904. Liber 7 of Conveyances, page 30, Section 13, Block 3403. 9i;i)iB Jfn&enturc, made the second day of June in the year nineteen hundred and four b^tmeeit James Douglas of Spuyten Duyvil in the City of New York, and Naomi Douglas, his wife, parties of the first part; and The New York Public Library, Astor, Lenox and Tilden Foundations, party of the second part. toitnessetl), that the said parties of the first part, in consid- eration of the sum of One Dollar ($1) and other good and valuable considerations, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the said party of the second part, its successors, heirs and assigns forever, 21U that certain lot, piece or parcel of land, situate, lying and being in the Borough of the Bronx, of the City of New York, in the County and State of New York, bounded and described as follows: — ©^ginning at a point on the westerly side of Kingsbridge Avenue (formerly Church Street) as said Street or Avenue is * These premises were accepted by the City of New York as a site for one of the library buildings provided by the gift of Andrew Carnegie, by resolution of the Board of Estimate and Apportionment on 8 May, 1903. A library building is being erected upon the premises. 368 DEED OF GIFT BY JAMES DOUGLAS. 369 laid down on a certain map entitled "Map of a farm situate at Kingsbridge, in the Town of Yonkers, County of Westchester, belonging to Mary C. P. McComb, showing the same as sub- divided into parcels," dated February 4, 1847, made by Daniel Ewen, City Surveyor, and filed in the office of the Clerk (now Register) of Westchester County on December 28, 1847, where said westerly side of said Avenue intersects the division line between lots numbered 87 and 88 on said map; running thence westerly and nearly at right angles to said Kingsbridge Avenue, and along the northerly side of said lot number 88, now or late the property of St. John's Roman Catholic Church, 150 feet; thence northerly, parallel with said Kingsbridge Avenue and along the land belonging to "The Church of the Mediator, Yonkers," 44 feet; thence easterly at right angles to said Kings- bridge Avenue, and along land of said last mentioned Church, 150 feet to said westerly side of Kingsbridge Avenue; and thence southerly along the said westerly side of Kingsbridge Avenue 44 feet to the point or place of beginning. The premises above described being the southeasterly portion of the lot numbered 87 on the aforementioned map, and being also a por- tion of the same premises which were conveyed by James R. Whiting and Catherine Whiting, his wife, to "The Church of THE Mediator, Yonkers," by deed dated June 12th, 1858, and recorded in the office of the Register of Westchester County on June 28th, 1858, in Liber 387 of Deeds, page 298. g[ogetl)er with all the right, title and interest of the parties of the first part in and to Kingsbridge Avenue to the center thereof. The party of the second part, its successors and assigns, shall not use the said premises for manufacturing purposes, nor shall any business or trade be conducted thereon, nor shall any tenement house be erected thereon, nor shall any nuisance be maintained upon the said land hereby conveyed, so long as the premises adjoining the said land hereby conveyed upon the northerly side thereof shall be used by the said Church of the Mediator, Yonkers, for religious purposes. The foregoing provision shall be deemed to be a covenant running with the land conveyed and binding upon the succes- sors and assigns of the party of the second part. 370 MISCELLANEOUS DOCUMENTS. Sttbject, however, to the right of The Church of the Mediator, Yonkers, its successors and assigns, for so long a period as the building now situated on the land of the said Church imme- diately adjourning the land herein conveyed on the Northerly side, and now used as a place of public worship, shall exist, to keep and maintain upon the land hereby conveyed any and all buttresses and supports connected with or a part of the said building which are now in existence, or any parts of said build- ing now upon the said land, unimpaired, in like manner and to the same extent as they now exist, without interference by the party of the second part, its successors and assigns. 3lnl> 0jjbjctt to the right of said Church, its successors and assigns, to enter upon the land hereby conveyed for the purpose of repairing such buttresses, supports and other portions of said building now upon the land conveyed. ^n5 it is Ijercbs cocenanteiJ anb agrccb that the party of the second part, its successors and assigns, shall not erect any build- ing or structure or place any obstruction which shall in any way interfere with the light and air of the said Church structure, as it now exists, within four feet of the said Church structure, so long as the same shall exist in its present location. STogetljfr with the appurtenances and all the estate and rights of the parties of the first part in and to the said premises. SCo %wot anb ®0 ^olb the above granted premises unto the the said party of the second part, its successors and assigns forever, subiect as aforesaid. me saia party or tne secom forever, subject as aforesaid. 2lnb the said James Douglas, one of the parties of the first part, does covenant with the said party of the second part as follows : Sxxii. That James Douglas, one of the parties of the first part, is seized of the said premises in fee simple and has good right to convey the same. 0£conb. That the party of the second part shall quietly enjoy the said premises. DEED OF GIFT BY JAMES DOUGLAS. 371 Sri)iri>. That the said premises are free from incumbrances, except as aforesaid. iTourtl). That James Douglas, one of the parties of the first part, will execute or procure any further necessary assurances of the title to said premises. iFiftl), That James Douglas, one of the parties of the first part, will forever warrant the title to said premises, subject to the conditions and restrictions aforesaid. JIn tJoitneSB roljereof, the said parties of the first part have hereunto set their hands and seals, the day and year first above written. James Douglas. (seal.) Naomi Douglas. (seal.) ilt'^ ■ 'lf'4t \'1 1 mm-