i'i'l'; lit!i!i!' Ill 1 ill 1 lii l ktiiiix Class Book COPYRIGHT DEPOSIT ABSTRACTS OF Farm Titles IN THE CITY OF NEW YORK, Between 39TH and 73RD Streets, West of the Common Lands, Excepting the Glass House Farm. WITH MAPS. H. CROSWELL TUTTLE, Cowiselbr-at-Law. Hem ijori?: THE SPECTATOR COMPANY, Printers, 16 Dey St. Entered according to Act of Congress, in the year 1881, by H. CROSWELL TUTTLE, In the office of the Librarian of Congress, at Washington, D. C. In the preparation of this volume I am greatly indebted to William E. Glover, Esq., of Cudlipp & Glover, for much Dersonal assistance in all parts of the w^ork, and for the use his many valuable abstracts. Also to George Waddington, 5q., for his very complete abstract of the Hopper Farm ; John T. Lochman,- Esq., for several abstracts in the 5omarindyck Farm ; and to Messrs. Whitlock & Simonds ■f tne early, unrecorded history of the Harsen Farm. I ke this opportunity to return my thanks to them and Lhers for the assistance kindly rendered me. H. C. TUTTLE. . 32 Park Place, April, 1S81. TABLE OF CONTENTS. Pages. The Robert Burrage Norton Tract 3 to 26 The John L. Norton Tract 27 The William Wright Tract 43 The Medcef Eden, Junior, Tract 57 The Tysen and Williams Tract 63 The William L. Rose Tract 79 The Thomas Addis Emmet Tract ... 89 The Astor and Cutting Tract 115 The Charles Kelly Tract 159 The Philip Webbers Tract 189 The Hopper Farm — General Title 199 '• " The Andrew Hopper Piece 205 " " The James Meinell Piece 221 " " The John Horn Piece 251 " " The Gertrude Cutting Piece 259 " " The Striker and Mott Pieces 267 The Cosine Farm — General Title 327 " " West of Bloomingdale Road 341 " " East of Bloomingdale Road 389 The Somarindyck Farm — General Title 423 " " East of Eighth Avenue 433 " " Between Eighth and Ninth Avenues. 447 " " Between Ninth and Tenth Avenues. . 469 " " West of Tenth Avenue 499 ' ic j3Cob Harsen Farm 541 42 56 62 78 88 114 158 188 198 204 220 250 258 266 326 340 388 422 432 446 468 498 540 573 .._____] L THE ROBERT BURRAGE NORTON TRACT. The tract in question is included in the following patent. Sir Richard Nicolls, Governor, etc., to HOMAs Hall, John VigneJ Egbert Wouters and Jacob' Leanderts. PATENT. Dated 3d Sept. 1667. Rec. in Sec'y of State's Office at Albany in 2 Patents 97. "Whereas there is a certain parcell of land lying and being pon this Island Manhattans to ye North of ye Great Creeke or all stretching alongst ye North River five hundred rods and inning in depth into ye Island three hundred rods a line being rawn Northeast, it contains in all about five hundred acres or vo hundred and fifty morgen." Conveys said premises to the patentees. The above patent appears to have been revoked and the fol- •wing one given in its place. THE ROBERT BURRAGE NORTON TRACT. Sir Ricard Nicolls, Governor etc., to Johannes Van Brucjft, Thom- as Hall, John Vigne, Eg-| BERT WouTERS and Jacob Leanderts. PATENT. Dated 3d Oct. 1667. Rec. in Secretary of State's Office at Al- bany. 2 Patents, in. " Whereas there is a certain tract or parcel of land upon this Island Manhattans lying and being to ye North of ye Great Creeke or Kill, stretching in length from ye said Creeke or Kill alongst ye river commonly called and known by ye name of Hudson's or ye North River eight hundred rods, and from ye said river stretching in depth or breadth two hundred and fifty rods." Conveys said premises to the patentees. The tract included in the last patent was partitioned among the patentees. There is no deed on record showing to whom the premises in question were set apart. The following is the first conveyance of record which seems to effect any portion of the tract in question. DEED. Aernout Webbers and Jan- NETJE his luife to John Balme. Dated 2nd Nov. 1713. Proved 3d Feb. 1727. Rec. loth Feb. 1727. 31 Conveyances, 227. Consideration, iJ"500. Conveys, with other property also, two home lots lying and being near said Great Kill, bounded Southerly part upon the land of Trintje Ver Brugge, deceased, part upon the land of EARLY TITLE. 5 Sybrant Bromver, Northerly on the land of said Trintje Ver Brugge, East along the path that goeth down to Sapocanica so far as to the Turnouts, and West to Hudsons River or North River aforesaid. And also one half or moiety of the meadow belong- ing to me, the said Aernout yVebbers, lying and being along the North side of said Great Kill and so far Northerly as it extends meadow. DEED. John Balme / Dated 13th Aug. 1714. Ack. 3d Feb. 1727. to Rec. loth Feb. 1727. Matthias Hoppe. ^ 31 Conveyances, 230. Consideration, ^80. Conveys same premises. In Liber 32 Wills, page 144, is recorded the will of one Matthew Hopper, which devises the tract of land known by the name of the Great Kills to his three sons, John Hopper, Matthew Hopper and William Hopper, in fee simple as tenants in common, subject to a life estate in his widow, Elizabeth Hopper. This Will is dated lytli October, 1778, and proved I St November, 1779. Whether the testator was the grantee in the previous deed, or a descendant of him, does not appear. The following deed is the next conveyance of record affecting this tract. DEED. Mathew Hopper j Dated i8th Dec, 1786. ( Ack. 18th Dec, 1786. to > ' / Rec. 2ist Nov., 1825. John Leake. \ 194 Conveyances, 352. / Consideration, ^1,000. Conveys all that certain farm or plantation situate, lying and being in the outward of the City of New York aforesaid, conci- 6 THE ROBERT BURRAGE NORTON TRACT. monly called and known by the name of Great Kills, now in the occupation of the said Mathew Hopper, bounded Norther- ly by lands of the said John Leake ; Westerly, by Hudson's River ; Easterly and Southerly by a certain stream of water known by the name of the Great Kills, containing eighty acres of land, or thereabouts. A release of dower by Elizabeth Hopper, wife of the grantor, is recorded after said deed, on page 355. John Leake died seised of said premises, together with other premises on the North and East, known as the Hermitage. Last Will and Testament . j^^^^^ ^^j^ j^^^^ ^^^^ 0/ • \ Proved 13th June, 1792. JOHN Leake. \ 4i Wills, 18. " I give and devise unto my niece, Martha Norton, who now lives with me, that farm on which I now dwell, called the Her- mitage ; also the farm thereto adjoining, which I purchased of Matthew Hopper. To have and to hold the said two farms, to- gether with the stock and farmers utensils that may be thereon at the time of my decease unto her, the said Martha Norton, for and during her natural life ; Item, I give and devise unto John Leake Norton, eldest son of my said niece, Martha Norton, * * * * Also, all that farm or plantation called Her- mitage, after the death of the said Martha Norton. * * * To have and to hold all and singular the said lands, tenements and appurtenances, and the profits arising from them and each of them from the day of my decease, unto the said John Leake Norton, his heirs and assigns forever." "Item, I give and devise unto Robert Burrege Norton, sec- ond son of my said niece, Martha Norton, * * * * And also, all my estate, right and title to that farm purchased of Matthew Hopper, after the death of the said Martha Norton. EARLY TITLE. / To have and to hold all and singular the said houses, lots, lands, tenements, and their appurtenances, and the pi^ofits arising from them and each of them, from the day of my decease, unto him the said Robert Burrege Norton, his heirs and assigns forever." • Martha Norton died in or before the year 1800, leaving her surviving her sons, John L. Norton and Robert Burrage Nor- ton. Vide deeds by them as heirs of their mother lately de- ceased, recorded in Liber 60 Conveyances, 308 ; and in Liber 66 Conveyances, page 171. Last Will and Testament \ j^^^^^j ^g^j^ ^^^^ ^g^^^ of \ Proved nth Mar., 1805. Robert Burredge Norton. \ 45 Wills, 404. " I give, devise and bequeath the use and interest of all the residue of my estate, real and personal, to the support of my wife and the support and education of my children until the youngest attains the age of twenty-one years. Fourth, I give, devise and bequeath to my wife, and to her heirs and assigns forever, a lot of land in Mott Street, etc., * * * which I give to my wife in bar of her right of dower upon my estate called the Hermitage, but upon no other part of my property." "■ I give, devise and bequeath to my son, James Clinton Nor- ton, and to his heirs and assigns forever, the house now occupied by Mr. James Seton,with five acres of land, taking the Southerly one half of the front of ihe vviiole bounds on the Hudson River ; and I give, devise and bequeath to my daughter, Mary Eliza- beth Norton, and to her heirs and assigns forever, five acres of land immediately North of the foregoing, and adjoining the same, with the remaining half of the whole bounds on the Hudson River, and extending back so far as to include five acres. And the remainder of the Hermitage I give, devise and bequeath to my said children, to be equally divided between 8 THE ROBERT BURRAGE NORTON TRACT. them, share and share alike, to hold the same to them, their heirs and assigns forever." By instrument dated 23d December, 1805, and recorded in Liber 71 Conveyances, page 476, Maria Norton, widows of Robert B. Norton, certifies that she accepts certain real estate devised to her by her late husband, in full bar of her right of dower upon his estate called the Hermitage, as and for a full satisfaction and equivalent of her right of dower and thirds in and to the said lands and real estate called the Hermitage. Mary Elizabeth Norton married Alexander O. Spencer in 1831. The devisees of Robert Burrage Norton made an agreement with John L. Norton, who owned the tract adjoining on the East and on the North, squaring the division line between said said farms, so that the same should run parallel, or at right angles to the present streets. This change of boundary was eflected by the following deed : John L. Norton and Sarah, DEED ^^" ^^>' A Dated 15th Aug., 1825. to \ Ack. 1st Sept., 1825. ( Rec. 26th May, 1826. James Clinton Norton and\ ^^ ^ -' \ 204 Conveyances, 434. Alexander O. Spencer. Consideration, $1.00. Conveys all that certain piece or parcel of land lying in the Twelfth Ward of the City of New York, being a part of the land known and distinguished by the name of the Hermitage, and Northwesterly and Southwesterly of a line beginning on the present division line of the lands of John L. Norton and George Rapalje, at a point five hundred feet Westerly of the Ninth Avenue, running thence Northerly and parallel to the Ninth Avenue seventy-four feet nine inches, more or less, until it in- tersects the centre of Forty-first Street ; thence Easterly along EARLY TITLE. 9 the centre of Forty-first Street one hundred feet ; thence North- erly and parallel with the Ninth Avenue two hundred and sev- enty-seven feet six inches to the centre of Forty-second Street ; thence Easterly through the centre of Forty-second Street three hundred feet ; thence Northerly and parallel with the Ninth Avenue five hundred and forty-one feet four inches, where it in- tersects the centre of Forty-fourth Street ; thence Westerly along the centre of Forty-fourth Street three hundred feet Northerly and parallel to the Ninth Avenue one hundred and thirty feet four inches to the centre of the block between Forty- fourth and Forty-fifth Streets ; thence Westerly through the cen- tre of the block three hundred feet ; thence Northerly and paral- lel to the Tenth Avenue one hundred and thirty feet four inches to the centre of Forty-fifth Street ; thence Westerly along the centre of Forty-fifth Street four hundred feet ; thence Northerly and parallel with the Tenth Avenue one hundred and thirty feet four inches to the centre of the block between Forty-fifth and Forty-sixth Streets ; thence ^Vesterly along the centre of the block four hundred feet ; thence Northerly and parallel to the Tenth Avenue one hundred and thirty feet four inches to the centre of Forty-sixth Street ; thence Westerly along the centre of Forty-sixth Street two hundred and fifty feet to the centre of the Eleventh Avenue ; thence Northerly along the centre of the Eleventh Avenue forty-six feet, more or less, to the present boundary line and the lands belonging to James C. Norton and Alexander O. Spencer. James Clinton Norton and \ dffd Sarah, his wife, Ai.EXAi 6th March, 1830. to ( 'J I Rec. 3d April 1830. James Clinton Norton. \ 260 Conveyances, 209. / Consideration, $10. Contains same recitals as previous deed. Conveys : First, all that piece or parcel of land of which EARLY TITLE. I3 the said Robert Burrage Norton died seised, hereinbefore men- tioned and described as the property intended for the said James C. Norton as devisee under the will of the said Robert Burrage Norton. Secondly, all that certain piece or parcel of land, Bounded as follows : Beginning at a point in the East line of the before mentioned tract at the centre of Forty-Fourth street, and running thence through the centre of Forty-Fourth street to the middle of the Tenth Avenue, thence Southwesterly through the middle of the Tenth Avenue until you strike the aforesaid creek or boundary line between the lands of the late Robert B. Norton and George Rapelje, running thence Westerly along said boun- dary line until you come to the point where the aforesaid East- erly line of the first conveyed tract strikes said creek, and thence along the said Easterly line to the place of beginning. Thirdly, all that certain piece or parcel of land Bounded as follows : Commencing at the point at the centre of the Tenth Avenue and Forty-Third street, and running thence Easterly through the centre of Forty-Third street three hundred and fifty feet, thence Southwesterly and parallel to the Tenth Av- enue two hundred and eighty feet eight inches to the centre of Forty-Second street, thence Easterly through the centre of Forty-Second street fifty feet, thence Southwesterly parallel to the Tenth Avenue two hundred and seventy-nine feet and six inches to the centre of Forty-First street, thence Westerly through the centre of Forty-First street one hundred feet, thence Southwesterly and parallel to the Tenth Avenue seventy-four feet nine inches, and thence Northwesterly until you strike the aforesaid boundary line of George Rapalje, thence along the said boundary line to the centre of the Tenth Avenue, thence Nordieasterly through the centre of the Tenth Avenue to the place of beginning. 14 THE ROBERT BURRAGE NORTON TRACT. The James C. Norton Piece. This is colored red on map at head of this abstract, ante page 3. The Portion East of Tenth Avenue. DEED. James Clinton Norton f Dated 5th May, 1835. Ack. 9th May, 1835. to Rec. 9th May, 1835. Francis B. Cutting. ^ 336 Conveyances, 26. Consideration, $32,750. Conveys the parcel of land, thirdly described in the parti- tion deed to James C. Norton, recorded in Liber 260. Con- veyances page 209 — set forth ante page 12 — being the portion East of Tenth Avenue. Francis B. Cutting sold off the piece so vested in him in sep- arate parcels. The Portion West of Tenth Avenue. James C. Norton died seised of the premises firstly and sec- ondly described in the partition deed to him, set forth ante page 12 (being the portion West of Tenth Avenue) leaving him surviv- ing, 1. James Clinton Norton, Junior. 2. Pierre Norton. 3. Robert Burrage Norton. Last Will and Testament Dated 27th March, 183/). of \ Proved 29th Dec. 1835. T ^ TVT V 74 Wills, 330. James Clinton Norton. * ^^ ' -^-^ I devise and bequeath all and singular my real and personal estate to my three children, James Clinton Norton, Junior, THE JAMES C. NORTON PIECE. 1 5 Pierre Norton and Robert Burrige Norton to be equally divided between them, share and share alike. I do hereby authorize and empower my Executors hereinafter named, or the survivor of them to sell all or any part of the said real estate of which I shall die seised, together or in parcels by public auction or private contract as to them or him shall seem expedient, and for that purpose to execute good and sufficient deeds thereof. * * * And I do further will and direct that the distributive share of my said estate to which each of my said children shall be entitled, shall be paid to him or them respectively, upon his or their arriving at the age of twenty-oneyears respectively, pro- vided that if either of my said children shall depart this life before he shall attain the age of twenty-one years, leaving law- ful issue, then the share of such child shall go to said issue. And in case either of my said children shall die (leaving no lawful issue) before arriving at the age ot twenty-one years, then the share to which said child would be entitled shall go to such of my children as shall survive, to be paid in the same manner as hereinbefoi'e directed. IN CHANCERY. Before the Vice-CJio.ncellor. James C. Norton, Junior, and Julia A., his wife, vs. Pierre Norton, Robert B. Norton and Dudley Sel-| den and Robert Emmet Clerk, etc. 1846 — May 26. Bill filed for a partition. l6 THE ROBERT BURRAGE NORTON TRACT, July 33. Silvanus Miller appointed guardian ad litem of Robert B. Norton, an infant over 14, on said infant's petition. Bond of $5,000. Sept. 9. Answer of said infant filed. Sept, 25. Answer of Dudley Selden filed, Nov. 4, Answer of Robert Emmet Clerk, etc., filed, set- ting up mortgage by James C, Norton to John Jacob Astor, recorded in Liber 171 Mortgages, page 450, and assigned to this defendant, (This mortgage has been since satisfied of record.) Nov. 6. Order pro confesso against Pierre Norton on consent of Silvanus Miller, his solicitor, Nov. 6. Order of reference to Master on title, etc. 1847 — May 5, Master reports in favor of sale. May 5. Decree of sale filed. July 3. Report of sale filed, 1S4S — April 17. Further report of sale filed. April 17. Further report of sale filed. June 26. Further report of sale filed. The Mary E. Spencer Piece. This includes all of the Robert B. Norton tract not colored red on the map thereof, ante page 3. THE PORTION EAST OF TENTH AVENUE. DEED. Alexander O. Spencer and Mary E., his zvife, \ ^^^^^ 28th Sept., 1833. Ack. 28th Sept., 1833. to Rec. 2d Oct., 1833. William Deming. ] 303 Conveyances, 491. Consideration, $30,000. THE MARY E. SPENCER PIECE. 17 Conveys the piece of land thirdly described in the previous partition deed to Mary E. Spencer (358 Conveyances, 514 ; set forth ante page 10.) Frederick Deming and Mary, his zvife, to and tvith William Deming and Char- lotte T., his zvife. PARTITION DEED. Dated 30th June, 1849. Ack. 30th June and 7th July, 1849. Rec. i6th July, 1849. 523 Conveyances, 583. Recites that Frederick Deming and William Deming are owners as tenants in cominon of the premises described in the previous deed, and have agreed upon a partition thereof. Conveys to William Deming lots 511 to 514, 393, 294, 297, 39S, 301, 303, 305, 306, 309, 310, 313, 314, 1S3, 1S4. 1S7, 18S, 191, 192, 195. 196, 199, 200, 303, 304, iSi, 182, 178, 177, 174, 173' 523' 524, 525- 526. 3^7' 3fS, 321, 323, 325, 326, 329, 434. 437,433,441.443,445, 446, on map recorded in Liber 662 Conveyances, page 567. Conveys to Frederick Deming lots 515 to 518, 295, 396, 399, 300, 303, 304. 307. 30S, 311, 313, 315, 316, 185, 186, 189, 190, 193, 194, 197, 198, 201, 202, 205, 292, 180, 179, 176. 175, 172, 171 ' 519^0522, 319, 330, 333, 334. 327, 328,330, 433, 435,436, 439, 440, 443 and 444 on said map. Frederick Deming and William Deming, by instrument re- corded in Liber 662 Conveyances, page 567, certify that the map recorded therewith is tiie one according to which the partition in the previous deed was made. l8 THE ROBERT BURR^VGE NORTON TRACT. The Portion West of Tenth Avenue. Alexander O. Spencer and Mary E., his wife, MORTGAGE. to Henry Vail, Joseph W. Cor-^> LIES, Valentine G. Hall, Eugene A. Vail and Nath- aniel Weed, Executors, atid\ ^y. MortCTao-es 1^7=; Cecile Tonnelle, Executrix of Laurent Salles. To Secure $10,000. Dated 5th Dec, 1834. Ack. 5th Dec, 1834. Rec 1 2th Dec. 1834; Covers all of the premises described in the previous par- tition deed to Mary E. Spencer (258 Conveyances, 514; set forth ante page 10), lying west of the Tenth Avenue. The above mortgage vv^as discharged of record on nth August, 1840. See Liber 9 Discharges, 171. Alexander O. Spencer and Mary E. Spencer, to Francis B. Cutting. DEED. Dated 7th May, 1835. Ack. nth May, 1835. Rec. 13th May, 1835. 332 Conveyances, 359. Consideration, $1 10,000 Conveys all the premises described in the previous Mort- gage by the following description: "All those several lots, pieces and parcels, or blocks of land situate, lying and being in the Twelfth Ward of the City of New York, and which, taken together, are butted, bounded and described as follows — THE MARY E. SPENCER PIECE. IQ that is to say : Beginning at a point where the Northwesterly line of the Tenth Avenue is intersected by a line run through the centre of Forty-fourth Street, and running thence North- easterly along the Northwesterly line of the Tenth Avenue two hundred and sixty feet and eight inches to the middle of Forty- fifth Street ; thence Northwesterly on a line run through the centre of Forty-fifth Street two hundred feet ; thence North- easterly on a line run parallel with the Tenth Avenue one hun- dred and thirty feet and four inches to the centre of the block between Forty-fifth and Forty-sixth Streets ; thence North- westerly on a line through the centre of the block equally dis- tant from Forty-fifth and Forty-sixth Streets four hundred feet ; thence Northeasterly on a line run parallel with the Eleventh Avenue one hundred and thirty feet and four inches to the mid- dle of Forty-sixth Street ; thence Northwesterly on a line run through the centre of Forty-sixth Street two hundred and fifty feet to the middle of the Eleventh Avenue ; thence Northeasterly on a line run through the centre of the Eleventh Avenue about forty-six feet to the old boundary line between the lands form- erly belonging to Robert Burrage Norton and the lands called the Hermitage lately belonging to John L. Norton ; thence Northwesterly along the said old boundary line to the Hudson River at or near the foot of Forty-seventh Street ; thence South- westerly along the river to land now or lately belonging to James Clinton Norton near the foot of Forty-fourth Street ; thence South sixty-one degrees and forty minutes, East four hundred and twenty-one feet ; thence South twenty-eight degrees and thirty minutes, West to the middle of Forty-fourth Street ; thence Southeasterly on a line run through the centre of Forty- fourth Street to the Tenth Avenue at the place of beginning. The said premises hereby granted being bounded Southeasterly by the Tenth Avenue and by land lately belonging to John L. Norton ; Northeasterly by the said land lately belonging to John L. Norton ; Northwesterly by the Hudson River and by land now 20 THE ROBERT BURRAGE NORTON TRACT. or lately belonging to James Clinton Norton ; and Southwester- ly by the said land now or lately belonging to James Clinton Norton, and which land of the said James Clinton Norton was conveyed or released to him by the said Alexander O. Spencer and Mary E., his wife, in and by an indenture bearing date the eighteenth day of February, one thousand eight hundred and thirty, and recorded in the office of the Register of the City and County of New York, in Liber 260 Conveyances, page 209. Subject to a lease for a term of years, and to the above mortgage. Francis B. Cutting and Ann, ]iis zvife, to Ambrose Spencer, Trustee of Mary E. Spencer. MORTGAGE. To Secure $80,000. Dated 7th May, 1835. Ack. 13th May, 1835. Rec. 13th May, 1835. 187 Mortgages, 17. Covers same premises. Ambrose Spencer with Isaac Packard. AGREEMENT. Dated 2d July, 1835. Proved 9th July, 1835. Rec. 13th July, 1835. 186 Mortgages, 537. Recites the above Mortgage, and that Francis B. Cutting, together with Charles C. King, Henry J. Seaman, George Cur- tis and Edward Curtis, gave to said Spencer, Trustee, their THE MARY E. SPENCER PIECE. 21 joint and several bonds bearing even date with said Mortgage. That the last mentioned obligors, at the request of the said Spencer, have executed their two joint and several bonds to said Isaac Packard, each conditioned for the payment of $10,000. And that the said Spencer has received from the said Packard $10,000, and is to receive on 7th November next $10,000 more. Agrees that, if default be made in the payment of the prin- cipal or interest of the said bonds, proceedings may be carried on by the said Isaac Packard to foreclose the above Mortgage for the benefit of all interested therein, and in the event of a sale, the said Isaac Packard shall be first paid out of the pro- ceeds the moneys due on said two bonds, which are to have priority of payment. Francis B. Cutting and Ann DEED. M., his luife, I Dated nth May, 1835. ^^ \ Ack. 25th Nov., 1840. Rec. 26th Nov., 1840. 1408 Conveyances, 623. Consideration, $55,000. George Curtis a7id Edward Curtis. Conveys an undivided half of same premises. MORTGAGE. George Curtis and Edward Curtis, I To secure $45,000. to \ Dated ist Nov., 1840. Ambrose Spencer, Trustee ^/V Ack. 25th Nov., 1840. Mary E. Spencer. W^- -^^h Nov., 1840. /244 Morts., 215. Covers said undivided half of same premises. 22 THE ROBERT BURRAGE NORTON TRACT. DEED. George Curtis and Kathar- ine, Jds wife, Edward Cur- tis and Mary, his wife, to Asa Worthington, Trustee. Dated 25th Nov., 1840. Ack. 25th Nov., 1840. Rec. 28th Nov., 1840. 412 Conveyances, 36. Consideration, $73,ocxD. Conveys said undivided half of same premises. Asa Worthington to Richard Alsop. DEED. Dated 17th April, 1841. Ack. 17th April, 1841. Rec. 29th Sept. 1841. 419 Conveyances, 249. Consideration, $1.00. Conveys said undivided half of same premises. Habendum as security for liabilities incurred by party of second part to the Bank of the United States at the request of party of the first part. Francis B. Cutting and Ann M., Jds zvife, to Henry J. Seaman. DEED. Dated 6th July, 1835. Ack. 15th July, 1835. Rec. 17th July, 1835. 340 Conveyances, 290. Consideration, $1.00. Conveys an undivided eighth of same premises. THE MARY E. SPENCER PIECE. DEED. 23 Henry J. Seaman and Kath- arine Sarah, Jiis loife, to Richard Alsop. Dated ist Nov., 1839. Ack. 9th Jan., 1840. Rec. nth Jan., 1840. 403 Conveyances, 178. Consideration, $27,50x5. Conveys all the said undivided eighth part of same premises. ^ ^ DEED. Francis B. Cutting and Ann M., his ivife, to Charles C. King. Dated 6th July, 1835. Ack. 15th July, 1835. Rec. 17th July, 1835. 340 Conveyances, 293. Consideration, $1.00. Conveys an undivided eighth of same premises. DEED. Ambrose Spencer and Mary E. Spencer to Francis B. Cutting and Charles C. King. Dated 28th July, 1840. Ack. 28th July, 1840. Rec. 9th Sept., 1840. 406 Conveyances, 539. Consideration, $1.00. Recites preceding mortgage to Ambrose Spencer, Trustee, etc., and that Francis B. Cutting owns one-fourth part of said mortgaged premises, ('harles C King owns one-eighth part thereof, George Curtis and Edward Curtis jointly owned one- half thereof, and Henry J. Seaman owns one-eighth thereof^ and that the amount of said mortgage which would be due from Francis B. Cutting and Charles C. King have been paid 24 THE ROBERT BURRAGE NORTON TRACT. by them, and that the other owners had consented to this release. Releases to the said Francis B, Cutting one equal undivided fourth part, and to the said Charles C. King one equal undi- vided eighth part of said mortgaged premises. The above instrument was again recorded in Liber 40S Con- veyances, 371, on 1 2th September, 1840. 1 AGREEMENT. Dated 28th July, 1840. Proved 12th Sept., 1840. Rec. 1 2th Sept., 1840. 408 Conveyances, 370. Consideration, $1.00. Ratifies and confirms the arrangement set forth in the previ- ous instrument, and agrees to be jointly and severally bound to the said Ambrose Spencer for the residue of the moneys due him on their bond. IN CHANCERY. Before the Chancellor. Ambrose Spencer, Trustee of Mary E. Spencer, vs. George Curtis, Edward Cur- tis, Asa Worthington, Hen-| ry J. Seaman and Richard Alsop. 1842 — August 16. Decree of strict foreclosure entered. THE MARY E. SPENCER PIECE. 25 Ambrose SPENCEk, Alexand- er O. Spencer a7id Mary, E. Spencer to and with Francis B. Cutting and Charles C. King. DEED. Dated 20th Sept., 1845. Ack. 24th Sept. 1845. Rec. loth Oct., 1845. 467 Conveyances, 58. Consideration, $10.00. Recites above mortgage (187 Mortgages, 17) the release to Cuttting and King of their interests from the lien of said mort- gage (408 Conveyances, 371) its strict foreclosure agamst the other co-tenants, and that no payments having been made by said co-tenants, the said Ambrose Spencer had become seised in fee simple absolute of five undivided eighth parts of said mortgaged premises, as tenants in common with said Cutting and King, and that the parties hereto are desirous of making a partition of said premises, and that a partition had been agreed upon by which the lots numbered on the map attached to this deed — by the numbers i to 5, 7 to 11, 16 to 21, 26 to 29, 33 to 36, 40 to 42, 46 to 53, 57 to 60, 64, 65, 70 to 82, 87 to 95, 99, 103 to 112, 116 to 119, 124 to 127, 131 to 137, 140 to 144, 151 to 160, 167 to 171, 175 to 184, 191 to 200, 206 and 207, together with the water right, adjoining the parcels 206 and 207 were allotted to the said Ambrose Spencer. Conveys to Francis B. Cutting and Charles C. King lots 6, 12 to 15, 22 to 25, 30 to 32, 37 to 39, 43 to 45, 204, 205, 54 to 56, 61 to 63, 66 to 69, 83 to d>6^ 96 to 98, 100 to 102, 113 to 115, 120 to 123, 128 to 130, 138, 139, 148 to 150, 161 to 166, 145 to 147, 172 to 174, 185 to 190, 201, 202 and 203, on said map annexed to this deed. Habendum as tenants in common two-thirds to Francis B. ('utting, and one-third to Charles C. King. 26 THE ROBERT BURRAGE NORTON TRACT. !DEED. Dated 20th Sept., 1845. Ack. 3d Oct., 1845. Rec. 9th Oct., 1845. 465 Conveyances, 598. Consideration, $10.00. Recites facts stated in previous deed, and that lots 6, 12 to 15, 23 to 25, 30 to 32, 37 to 39, 43 to 45, 54 to 56, 61 to 63, 66 to 69, 83 to 86, 96 to 98, 100 to 102, 113 to 115, 120 to 123, 128 to 130, 138. 139, 1/^8 to 150, 161 to 166, 145 to 147, 172 to 174, 185 to 190, 201, 202, 203, 204 and 205 in map annexed to this deed had been set apart to Cutting and King. Conveys to Ambrose Spencer lots i to 5, 7 to 11, 16 to 21, 26 to 29, 33 to 36, 40 to 42, 46 to 53, 57 to 60, 64, 65, 70 to 82, 87 to 95, 99, 103 to 112, 206, 207, 116 to 119, 124 to 127, 131 to 137, 140 to 144, 151 to 160, 167 to 171, 191 to 200, 175 to 184, and also all the land lying under w^ater or adjoining said parcels, numbers 206 and 207 and Forty-fifth Street on the Westerly side thereof and extending into the Hudson River; and also the water rights or right or interest in and to the water grant or land under water adjoining the said parcels of land and street. Ci^^. 5^ ^M. > i ST. The above patent appears to have been revoked and the fol- lowing one given in its place. < ih L IT J THE JOHN L. NORTON TRACT. The tract in question is included in the following patent. Sir Richard Nicolls, Governor, etc., to Thomas Hall, John Vigne,| Egbert Wouters^W Jacob' Leanderts. PATENT. Dated 3d Sept. 1667. Rec. in Sec'y of State's Office at Albany in 2 Patents 97. "Whereas there is a certain parcell of land lying and being upon this Island Manhattans to ye North of ye Great Creeke or Kill stretching alongst ye North River five hundred rods and running in depth into ye Island three hundred rods a line being drawn Northeast, it contains in all about five hundred acres or two hundred and fifty morgen." Conveys said premises to the patentees. The above patent appears to have been revoked and the fol- lowing one given in its place. 28 THE JOHN L. NORTON TRACT. Sn^ RiCARD NiCOLLS, Governor etc., to Johannes Van Brugh, Thom-^ AS Hall, John Vigne, Eg- bert WouTERS and Jacob Leanderts. PATENT. Dated 3d Oct. 1667. Rec. in Secretary of State's Office at Al- bany. 2 Patents, in. " Whereas there is a certain tract or parcel of land iipon this Island Manhattans lying and being to ye North of ye Great Creeke or Kill, stretching in length from ye said Creeke or Kill alongst ye river commonly called and known by ye name of Hudson's or ye North River eight hundred rods, and from ye said river stretching in depth or breadth two hundred and fifty rods." Conveys said premises to the patentees. Maria Van Burgh, a daughter of said Johannes Van Burgh, intermarried with one Stephen Richard, on 23d July, 1696, and had by said marriage a son named Paul Richard, born nth April, 1697. James Delancey and Paul Richards. to Joseph Murray, DEED. Dated 2d June, 1744. Not recorded but re- cited in the following deed to John Leake. Conveys all that certain dwelling house, messuage or tene- ment, together with the farm, land or plantation thereunto be- longing, situated and being in the outward of the City of New York, at or near a place called Great Kills, beginning at the THE JOHN L. NORTON TRACT. 29 Northeast corner of the said lands, at or near a swinging gate, thence South two degrees, West two chains fifty links ; thence South eighteen degrees. West five chains ; thence South twenty-two degrees thirty minutes. West seven chains eighty links to the Southeast corner thereof; thence North fifty-five degrees, West thirteen chains ; thence North fifty-one degrees thirty minutes. West seven chains ; thence North fifty-two de- grees thirty minutes, West six chains ; then North seven degrees thirty minutes, East five chains ten links ; thence North forty- six degrees, West thirteen chains ; thence North seventy-eight degrees thirty minutes. East four chains ; thence North eighty- four degrees thirty minutes, East four chains ; thence North seventy-one degrees. East two chains forty links ; thence South sixty-five degrees, East two chains fifty links ; thence North forty-one degrees thirty minutes. East two chains thirty-five links ; thence North twenty-six degrees thirty minutes, West six chains ; thence North thirty degrees. West five chains ; thence North thirty-two degrees thirty minutes. West seventeen chains ; thence North thirty-seven degrees, West seven chains fifty links ; thence North forty-five degrees. West four chains ; thence North eighteen degrees, East six chains eighty links to the Northwest corner of the said land by the Hudson's River ; thence South fifty-four degrees. East six chains ; thence South thirty-six degrees thirty minutes, East ten chains ; thence South twenty-six degrees thirty minutes, East three chains seventy- four links ; thence South thirty-five degrees. East eight chains ; thence _South thirty-one degrees. East four chains ; thence South thirty degrees, East twelve chains forty- seven links; thence South eighty degrees thirty minutes. West two chains ; thence South twenty-six degrees, West one chain seventy-six links ; thence South twenty-one degrees. East six chains seventy links ; thence South twenty-four degrees thirty minutes, East four chains ; thence South seven degrees thirty minutes. East two chains fifty-two links ; thence South fifty-eight degrees 30 THE JOHN L. NORTON TRACT. thirty minutes, East eight chains thirty-six links ; thence South fifty-five degrees, East six chains forty links to the first station. The above deed included all of the premises in question, ex- cept an irregular shaped piece of land in the Northeasterly por- tion thereof. This appears to have been vested in Wolfert Webbers. \ DEED. Wolfert Webber and Mar- ) CARET, his wife, I Dated 19th Nov., 1748. to / Not recorded, but re- JOSEPH Murray. \ cited in the following / deed. Conveys all that certain piece and parcel of land situate and being to the Southward and Westward of a straight line to be- gin from the old fence which divided the land of the said Joseph Murray, and of him the said Wolfert Webber, at or near the creek called the Great Kills at upland or point distant from the centre of a laige flat rock of about fourteen feet diameter upon a North sixty-seven degrees Easterly course, one chain thirty- two links, and to run from thence to Bloomendalroad to the Northeast corner of the fence, where the old road was between the land of the said Joseph Murray, and of him the said Wol- fert Webber, at a point or place where the middle part of the said Wolfert Webber's house bears therefrom North six degrees East, and is distant therefrom five chains forty-six links, and which line is as the compass now points South thirty-two de- grees and thirty minutes East, twenty-six chains and thirty-eight links, and on which line he, the said Joseph Murray, did, by the said Wolfert Webber's permission and consent, erect a fence for a partition between the land of the said Joseph Mur- ray and Wolfert Webber, which said piece of land comprehends THE JOHN L. NORTON TRACT. 3I all the land between the said line and fence and the land of him, the said Joseph Murray. Last Will and Testament i D^ted 26th April, 1757. 0/ \ Proved 2d May, 1757. Joseph Murray. \ 20 Wills, 233. " Item, I will, order and direct that my Executors hereinafter named have full power and authority to sell and dispose of all my real estate, and that any conveyances of the same be a good title to the purchaser or purchasers thereof, or any part thereof." " Item, I nominate and appoint Charles Williams, of the City of New York, and Thomas Jones, of the same city. Executors of this my last will and testament." Letters Testamentary were granted to both Executors. See Liber 20 Wills, page 235. DEED. Charles Williams rtwrt" Thom-J d^^q^ nth Nov., 17^7 AS Jones, Executors of Jo7 ^^^i^ nth Nov 1757 SEPH Murray, \ r^^^ 3^ peb., 1825. y 185 Conveyances, 98. John Leake. \ Consideration, ;^ 1,600. Conveys the premises conveyed to Joseph Murray by the two preceding deeds. John Leake died seised of the premises described in the above deed, and also of the premises lying to the Southwestward hereof, known as the Robert Burrage Norton Tract. 32 THE JOHN L. NORTON TRACT. Last Will and Testament i Dated 7th May, I70i. ^/ > Proved 13th June, 1792. John Leake. \ 41 Wills, 18. I " I give and devise unto my niece, Martha Norton, who now Hves with me, that farm on which I now dwell, called the Her- mitage ; also the farm thereto adjoining, which I purchased of Mathew Hopper. To have and to hold the said two farms, to- gether with the stock and farmers utensils that may be thereon at the time of my decease unto her, the said Martha Norton, for and during her natural life. I give and devise unto John Leake Norton, eldest son of my said niece, Martha Norton, # * * * Also, all that farm or plantation called Hermit- age, after the death of the said Martha Norton. * * * # To have and to hold all and singular the said lands, tenements and appurtenances, and the profits arising from them and each of them from the day of my decease unto the said John Leake Norton, his heirs and assigns forever." " Item, I give and devise unto Robert Burrege Norton, sec- ond son of my said niece, Martha Norton, * * * * And also all my estate and right and title to that farm purchased of Mathew Hopper, after the death of the said Martha Norton. To have and to hold all and singular the said houses, lots, lands, tenements and their appurtenances, and the profits arising from them and each of them from the day of my decease, unto him the the said Robert Burrege Norton, his heirs and assigns forever." Martha Norton died on or about the year 1747, leaving her surviving her sons John L. Norton and Robert Burrage Norton. Vide deeds by them as heirs of their mother lately deceased, recorded in Liber 60 Conveyances, 308, and in Liber 66 Con- veyances, page 171. THE JOHN L. NORTON TRACT. 33 John L. Norton made an agreement with the devisees of the said Robert Burrage Norton, who owned the tract adjoining on the Southwest, squaring the division line between said farms so that the same should run parallel or at right angles to the pres- ent streets. This change of boundary was effected by the fol- lowing deeds : John L. Norton and Sarah, j DEED ^'' ^'>' / Dated 15th Aug., 1825. to \ Ack. 1st Sept., 1825. ( Rec. 26th May, 1826. Tames Clinton Norton aud\ ^^^ r ,. ^ ^^^ ... ■' \ 204 Conveyances, 434. Alexander O. Spencer. Consideration, $i.oo. Conveys all that certain piece or parcel of land lying in the Twelfth Ward of the City of New York, being a part of the land known and distinguished by the name of the Hermitage, and Northwesterly and Southwesterly of a line beginning on the present division line of the lands of John L. Norton and George Rapalje, at a point five hundred feet Westerly of the Ninth Avenue, running thence Northerly and parallel to the Ninth Avenue seventy-four feet nine inches, more or less, until it in- tersects the centre of Forty-first Street ; thence Easterly along the centre of Forty-first Street one hundred feet ; thence North- erly and parallel with the Ninth Avenue two hundred and sev- enty-seven feet six inches to the centre of Forty-second Street ; thence Easterly through the centre of Forty-second Street three hundred feet ; thence Northerly and parallel with the Ninth Avenue five hundred and forty-one feet four inches, where it in- tersects the centre of' Forty- fourth Street; thence Westerly along the centre of Forty-fourth Street three hundred feet Northerly and parallel to the Ninth Avenue one hundred and thirty feet four inches to the centre of the block between Forty- 34 THE JOHN L. NORTON TRACT. fourth and Forty-fifth Streets; thence Westerly through the cen- tre of the block three hundred feet ; thence Northerly and paral- lel to the Tenth Avenue one hundred and thirty feet four inches to the centre of Forty-fifth Street ; thence Westerly along the centre of Forty-fifth Street four hundred feet ; thence Northerly and parallel with the Tenth Avenue one hundred and thirty feet four inches to the centre of the block between Forty-fifth and Forty-sixth Streets ; thence ^Vesterly along the centre of the block four hundred feet ; thence Northerly and parallel to the Tenth Avenue one hundred and thirty feet four inches to the centre of Forty-sixth Street ; thence Westerly along the centre of Forty-sixth Street two hundred and fifty feet to the centre of the Eleventh Avenue ; thence Northerly along the centre of the Eleventh Avenue forty-six feet, more or less, to the present boundary line and the lands belonging to Janaes C. Norton and Alexander O. Spencer. James Clinton Norton and 1 DEED Sarah, Jiis zvifc, Alexander/ ■ O. Spencer and Mary eJ Dated-August, 1825. ) Ack. 25th Aug., 1825. •^ ' I Rec. 2ist Sept., 1825. to \ n \ 197 Conveyances, 294. John L. Norton. ] Consideration, $1.00. Conveys all that certain piece or parcel of land lying in the Twelfth Ward of the City of New York, being a part of the and known and distinguished by the name of the Hermitage, and Southeasterly and Northeasterly of the line described in the previous deed. The said John L. Norton also entered into an agreement with George Rapelje, squaring as aforesaid the division line be- THE JOHN L.NORTON TRACT. 35 tween their farms. This change of boundary was effected by the following deeds : DEED. John L. Norton and Sarah, J Dated ist Sept., 1825. his ivife, ( Ack. ist Sept., 1825. ^0 f Rec. 23 Nov. 1825. George Rapelje. \ 194 Conveyances, 388. / Consideration, $1.00. Conveys all the estate, right, title, interest, use, trust, prop- erty claim and demand whatsoever, both at law and in equity, of the said John L. Norton, of, in, to or out of all and singular that certain piece or parcel of land lying in the Twelfth Ward of the City of New York, being a part of the land known and distinguislied by the name of the hermitage, and lying North- easterly and Southeasterly of a line beginning in the centre of the Fitz Roy Road, where it would intersect a line drawn through the centre of Thirty-ninth Street, thence Westerly along the centre of Thirty-ninth Street until it intersects a point three hundred feet distant from the Ninth Avenue ; thence Northerly and parallel with the Ninth Avenue three hundred and eighty-six feet three inches, where it intersects the centre of the block between Forty and Forty-first Streets ; thence West- erly along the centre of the block nine hundred feet; thence Northerly and perpendicular to the last described line fifty-four feet, more or less, until it intersects the present division line of the lands of John L. Norton and George Rapelje ; thence along the said line to the place of beginning. Containing about one acre of land, be the same more or less. 36 THE JOHN L. NORTON TRACT. DEED. George Rapelje and Eliza- beth, his tvife, to John L. Norton. Dated 9th Sept., 1825. Ack. 9th Sept., 1825. Rec. 2ist Nov., 1825. 194 Conveyances, 358. Consideration, $1.00. Conveys all the estate, right, title, interest, use, trust, property claim and demand whatsoever, both at law and in equity, of the said George Rapelje, of, in, to or out of all and singular that certain piece or parcel of land lying in the Twelfth Ward of the City of New York, adjoining that piece of land known and distinguished as the hermitage, and lying Northwesterly and Southwesterly of the line described in the previous deed. John L. Norton also made a similar agreement with John Jacob Astor, squaring the division line between their farms. This change of boundary was effected by the following deed ; !■ DEED. Dated 24th Nov., 1828. Ack. 24th Nov., 1828. Rec. 2d Dec, 1828. 245 Conveyances, 108. Consideration, $1.00. Recites that Astor and Norton are seised of certain gores ot land adjoining other property belonging to them, and have agreed to exchange them. Astor and wife convey to Norton all those pieces or parcels of land which on the mao aforesaid are Bounded and described THE JOHN L. NORTON TRACT. 37 as follows : To wit, all that piece of land beginning at a point distant twenty-three feet from the Northerly side of Forty-third street, and two hundred and fifty feet Westerly from the Seventh Avenue ; thence running Northerly and parallel with the Seventh Avenue, seventy-seven feet five inches ; thence West- erly parallel with Forty-third Street two hundred and fifteen feet seven inches ; thence Southerly and Easterly along land of John L. Norton, to the place of beginning. Also all that other piece of land beginning at a point on Forty-fourth Street distant one hundred feet from the South- easterly corner of Forty fourth Street and the Eighth Avenue ; thence running Southerly parallel with Eighth Avenue sixteen feet three inches ; thence Northerly and Westerly in a straight line along other property of John L. Norton to Forty-fourth Street, and thence on Forty-fourth Street to place of begin- ning. Also all that other piece of land beginning at a point distant one hundred feet Westerly from Eighth Avenue and thirty-three feet from the Northerly side of Forty-fourth Street ; thence running Northerly and parallel with Eighth Avenue seventy- seven feet five inches ; thence Westerly and parallel with Forty fourth Street one hundred and eighty-eight feet six inches; thence Southerly and Easterly along other land of the said John L. Norton to the place of beginning. Also all that piece of land beginning at a point on the South- erly side of Forty-fifth Street, distant three hundred and twenty- five feet from the Southeasterly corner of Forty-fifth Street and Ninth Avenue ; thence Southerly parallel with the Ninth Avenue forty-two feet ; thence Northwesterly along other property of John L. Norton to Forty-fifth Street ; and thence Easterly along Forty-fifth Street to the place of beginning. Also all that other piece of land beginning at a point distant three hundred and forty-five feet Easterly from Tenth Avenue and seventeen feet from the Northerly side of Forty-sixth Street ; 38 THE JOHN L. NORTON TRACT. thence running parallel to the Tenth Avenue Northerly eighty- three feet five inches ; thence Westerly parallel with the Forty- seventh Street two hundred and eleven feet ; thence Southeast- erly along other ground of John L. Norton to the place of beginning. Also all that other piece of land beginning at a point distant ten feet from the Southwesterly corner of Forty-seventh Street and Tenth Avenue ; thence Northerly ten feet ; thence Westerly along Southerly side of Forty-seventh Street thirty-seven feet ; thence Southeasterly along land of John L. Norton to the place of beginning. Also all that other gore of land beginning at a point distant three hundred and twenty-five feet Westerly from Tenth Avenue and twenty-eight feet tliree inches from Northerly side of Forty- seventh Street aforesaid ; thence running Northerly and parallel with the Ninth Avenue seventy-two feet two inches ; thence Westerly and parallel with Forty-seventh street one hundred and forty-four feet ; and thence running along land of said John L. Norton Southeasterly to the place of beginning. John L. Norton and wife convey to John Jacob Astor, all those respective gores or pieces of land which on the map aforesaid are bounded and described as follows, to wit : All that gore of land beginning at a point distant two hundred and fifty feet Westerly from the Seventh Avenue and twenty-three feet Northerly from the Northerly side of Forty-third Street ; thence running Southerly and parallel to Seventh Avenue twenty-three feet to Forty-third Street ; thence Easterly along Northerly side of Forty-third Street sixty-four feet six inches; and thence Northwesterly along land of John L. Norton to the place of beginning. Also all that gore of land beginning at a point distant one hundred feet Easterly from Eighth Avenue and sixteen feet THE JOHN L. NORTON TRACT. 39 three inches Southerly from Southerly side of Forty-fourth Street ; thence running Southerly and parallel with the Eighth Avenue eighty-four feet two inches ; thence Easterly and parallel with Forty-fourth Street two hundred and thirty-four feet five inches ; thence Northwesterly along land of John Jacob A&tor to the place of beginning. Also all that gore of land beginning at a point distant one hundred feet Westerly from the Northwesterly corner of Eighth Avenue and Forty-fourth street ; thence running Northerly and parallel with Eighth Avenue thirty-three feet ; thence Southerly on a straight line to a point distant one foot six inches from said corner ; thence one foot six inches to said corner ; thence along Northerly side of Forty-fourth Street one hundred feet to the place of beginning. Also all that piece of ground beginning at a point distant three hundred and twenty-five feet Easterly from Ninth Avenue and forty-two feet Southerly from Southerly side of Forty-fifth Street ; thence running Southerly and parallel with Ninth Avenue fifty-eight feet five inches ; thence Easterly and parallel with Forty-fifth Street one hundred and eighty-six feet six inches ; thence Northwesterly along other ground of said John Jacob Astor to the place of beginning. Also all that other piece of ground beginning at a point on the Northerly side of Forty-fifth Street distant Easterly ninety- four teet from Northeasterly corner of Ninth Avenue and Forty fifth Street ; thence to said corner ninety-four feet ; thence Northerly on Ninth Avenue forty feet nine inches ; thence Southeasterly along land of John Jacob Astor to the place of beginning. Also all that gore of land situate on the Northerly side of Forty-sixth Street, beginning at a point distant Northerly seven teen feet from said Forty-sixth Street ; thence Southerly and parallel to Tenth Avenue seventeen feet to said street ; thence Easterly along the same forty-two feet two inches ; thence 40 THE JOHN L. NORTON TRACT. Northwesterly along land of John Jacob Astor to place of beginning. Also all that piece of ground beginning at a point distant one hundred feet five inches Northerly from Forty-sixth street and one hundred and thirty-four feet Easterly from Tenth Avenue ; thence running Westerly and parallel with Forty-sixth Street to said Avenue one hundred and thirty-four feet ; thence Northerly on the same fifty-one feet ; and thence Southeasterly along other land of said John Jacob Astor to the place of beginning. Also all that other piece of land beginning at a point distant Northerly from Northerly side of Forty-seventh Street twenty- eight feet three inches, and three hundred and twenty-five feet Westerly from Tenth Avenue ; thence Southerly and parallel to Tenth Avenue twenty-eight feet three inches to Northerly side of Forty-seventh Street ; thence Easterly along the same one hundred and fourteen feet; thence Northwesterly along other property of John Jacob Astor to the place of beginning. And also all that gore of land beginning at a point distant two hundred and twenty-five feet Easterly from Easterly side of Eleventh Avenue, and one hundred and fifty-four feet five inches Northerly from Northerly side of Forty-seventh Street; thence Southerly and parallel with Eleventh Avenue fifty-four feet ; thence Easterly and parallel with Forty-seventh Street one hun- dred and six feet ; thence Northwesterly along other lands of said John Jacob Astor to the place of beginning. The preceding deed was executed by John L. Norton and wife only. The counterpart of this deed, executed by John Jacob Astor and wife only, was recorded in Liber 280 Convey- ances, page 178, on 14 December, 183 1. John L. Norton also conveyed to Samuel J. L. Norton a small triangular piece lying on the Southeasterly part of said farm by the following deed : THE JOHN L. NORTON TRACT. 4I DEED. OHN Leake Norton rt'??^ Rob J Dated 3d March; 1797. ERT BURREGE NORTON, ( Ack. 15th Nov., 1803. fo ( Rec. 19th Jan., 1804. ,AMUEL John Leake Norton.X 66 Conveyances, 171. / Consideration, 10 s. Conveys all that small triangular piece of land, containing bout one-half acre, being part of the Hermitage farm and ounded Northwardly by the highway, Southerly by the North ounds of the last described lot, and Westwardly by a line .mning Southwardly from the said road, so as to include the oach house lately erected thereon, the Westwardly side lereof being twenty feet from said line. John L. Norton divided the greater part of the farm thus ested in him into 210 parcels, each of which parcels contained )ur lots, and is colored red on map of the ti act, ante page 27. In 825 he contracted to sell these 210 parcels to numerous parties dio were jointly interested in the purchase in various shares. 1 accordance with an agreement made by these purchasers, diich is recorded in Liber 229 Conveyances, page 148, these arcels were conveyed to Henry Lynch in trust for them, and e was thereby authorized to give back a mortgage for $100,- 00 of the purchase money. DEED. OHN L. Norton and Sarah, J Dated 30th Sept. 1825. Ms zvife, f Ack. 21st Nov. 1825. to [ Rec. 2ist Nov. 1825. Henry Lynch. \ 198 Conveyances, 188. J Consideration, $126,000 Conveys said parcels, i to 210 on the Map of the Hermitage t head of Abstract. In trust to stand and be seised thereof upon the uses and usts thereinafter expressed concerning the same, that is to say, 42 THE JOHN L. NORTON TRACT. as to a certain number of shares, for certain persons therein specified, and to permit said persons to make partition, and when the partition is completed to convey to each in fee simple the lots set apart to him. MORTGAGE. To Secure $100,800. Henry Lynch i Dated 30th Sept. 1825. ^0 \ Ack. 2ist Nov. 1825. John L. Norton. \ Rec. 21st Nov. 1825. 85 Mortgages, 76. Covers same premises. In Liber 229 Conveyances, page 150, will be found recorded an agreement dated 30th September, 1825, signed and executed by the various cestuis que trust named in the previous deed, that they or a majority of them will meet together and proceed to a partition of said lots by ballot, which ballotings shall be con- ducted by three indifferent persons not interested in the premises, to be chosen by ballot at the time of the meeting; that these three persons are to draw for said cestuis que trust ; and that the partition so made shall be binding on them and their heirs and assigns, and the said Henry Lynch is authorized and em- powered to convey to them accordingly. In Liber 229 Conveyances, page 152, will be found a certifi- cate signed by three Commissioners appointed at a meeting held pursuant to the above agreement. They certify that they have made the division of said lots between said parties, and give the name of the person to whom each of the said 210 parcels was allotted. Henry Lynch thereupon conveyed to the various parties the parcels set apart to each, and John L. Norton released the par- cels so conveyed from the lien of his mortgage. Wcf/a. Wk 6i/ed. re :< l>«aOVW3H^YTLW«,aflAW/fl6l3HT Ml 60 l>^ A J l£^ TS _5tate's ny in being cres or iwu xiuuureu anu niiy morgen. Conveys said premises to tlie patentees. The above patent appears to have been revoked and the fol- lowing one given in its place. iIi2,lA_l:iiii^: qcuAO GJ^fjQ TO SAM \ or7«E CITYof NEWYORKl \IC/>H I DECEASED (T^^ 83 as 8 / 2. J- 1. -... ^•^ ^ i! 78 i: 77 i 76 3 US 69 y° 7'i , "*** 75- il ^-/ = 7^ .1 i:: 7J 5 15- 7£ 5 ? " J3 32 <3/ Jo f" ^^ 1 Si/ 2? I 27 "S 26 ; ' 2a IF 2 / P? J f ,., ^^ 1 "/ ?>^ ;t£ .^ .. «0 CD THE WILLIAM WRIGHT TRACT The tract in question is included in the following patent. Sir Richard Nicolls, Governor, etc., to Thomas Hall, John VigneJ Egbert Wouters and Jacob' Leanderts. PATENT. Dated 3d Sept. 1667. Rec. in Sec'y of State's Office at Albany in 2 Patents 97. " Whereas there is a certain parcell of land lying and being upon this Island Manhattans to ye North of ye Great Creeke or Kill stretching alongst ye North River five hundred rods and running in depth into ye Island three hundred rods a line being dravi^n Northeast, it contains in all about five 'hundred acres or two hundred and fifty morgen." Conveys said premises to the patentees. The above patent appears to have been revoked and the fol- lowing one given in its place. I u r^ 44lK ST MAP or LANDS IN THELlOtKWARDorTMtCITYofNEWYORK WILLIAM WRIGHT DtcEAstD \jiu^ y Proved 19th Dec, 1798. Medcef Eden. \42 Wills, 516. I give, devise and bequeath to my son Medcef also ten acres 3f land on the South side of Bloomingdale Road, now in the tenure or occupation of Francis White, to have and to hold, re- :eive, take, and enjoy all and singular the hereinbefore men- tioned, and intended to be hereby given, devised and bequeathed premises, and every part and parcel thereof, unto the sole and Dnly proper use, benefit and behoof of my said son Medcef, Ills heirs and assigns, from the time of my decease as and for his own proper estate forever, and that in as full, large, ample and beneficial manner, to all intents and purposes whatsoever, as I the said Medcef (if living) could or might have, hold and enjoy, all and singular the hereinbefore mentioned and intended to be hereby given, devised and bequeathed, and above described premises. 48 THE WILLIAM WRIGHT TRACT. Item : It is my Will, and I do so order and appoint, that if either of my said sons should depart this life without lawful issue, his share or part shall go to the survivor, and in case of both their deaths without lawful issue, then I give all the prop- erty aforesaid to my brother John Eden, of Loftus, in Cleveland, in Yorkshire, and my sister Hannah Johnson, of Whiteby, in Yorkshire, and their heirs. Joseph Eden died without issue on 3oth August, 1813. Med- cef Eden, the younger, died without issue on 20th July, 18 19. It was decided in case of Lion vs. Burtiss, reported in 20 Johnson, 483, and affirmed in cases of Wilkes vs. Lion, report- ed in 2 Cowen, 389, that the remainder to John Eden and Hannah Johnson was void. It was also decided, in case of Waldron vs. Gianini, reported in 6 Hill, 601, that Medcef Eden took a base or determinable fee, which, on death of his brother, became a fee simple absolute. Consequently, by the Sherift^s deed next hereinafter set forth the fee passed to the purchaser. On the first day of October, iSoo, Robert Sharp and John Sharp recovered a judgment in the Supreme Court against Medcef Eden for $7,014.62. A writ oi fieri facias was issued under this judgment by virtue of vvhich the premises described in the following deed were sold, on July 6, 1801, to William Barlow and John Sharp. DEED. James Morris, Sheriff, etc., J Dated 7th July, 1801. to f Ack. 4th Aug., 1 801. William Barlow and John ?' Rec. ist April, 1802. Sharp. 161 Conveyances, 531. / Consideration, $2,275. Conveys all that certain lot, piece or parcel of land Bounded as follows : Westerly, by the Bloomingdale Road, THE WILLIAM WRIGHT TRACT. 49 slortherly by the Road commonly called Bridgens lane, or rower, leading or extending to the Post Road, Easterly and Joutherly by land belonging to the corporation, and in posses- ion of Frederick Pinor, containing ten acres, be the same more r less. DEED. John Sharp /Dated 25th July, 1805. to { Proved 24th Aug., 1805. Arthur Kinder and Benja-/^ Rec. nth Oct., 1813. MIN Bakewell. \ 103 Conveyances, 453. / Consideration, $3,950. Conveys all grantor's interest in same premises. Last Will and Testament i Dated 12th Feb., 1805. ^/ ^ Proved 2ist Feb., 1805. William Barlow. \ 45 Wills, 376. After certain legacies and devises not affecting the premises, ;stator devises one-twelfth of the rest and residue of all his roperty to his brother John, one-twelfth to his brother Peter, vo-twelfths to his brother Joseph ; to his brother James one- velfth ; to his sister Elizabeth one-twelfth ; to his sister Easther ne-twelftli ; to his sister Sarah one-twelfth ; to the children of is sister Nancy one-twelfth ; and to the children of his sister lary three-twelfths ; and then provides as follows : " And for le more easily and effectually making an equal dividend or ivision of all my estate of what nature soever hereinbefore dis- osed of and bequeathed and devised as the rest and residue of ly estate, I do hereby authorize and empower my executors, ereinafter mentioned and appointed and the survivors and sur- ivor of them to dispose of and sell the same at private sale or ;herwise, and in such manner and to such person or persons as 50 THE WILLIAM WRIGHT TRACT. they or the survivors or survivor of them may deem mosi advisable and proper ; and to pay the proceeds of such sale tc my residuary legatees aforesaid in such manner and in sucl: proportions as is hereinbefore provided for the disposition of th( rest and residue of my estate. And I also hereby authorize anc empower my said executors hereinafter appointed and the sur vivors and survivor of them to make and execute to the pur chaser or purchasers thereof, good and sufficient deed or deeds conveyance or conveyances in the law for the same. Am lastly, I do hereby make, constitute and appoint Augustus Dig gins, William Kibbe and William Howard executors of this m; last will. Letters testamentary were granted to all three executors See same Liber, page 380. Augustus Diggins, William Kibbe and William How- ard, Executors of William | Barlow, to Arthur Kinder and Benja- min Bakewell. RELEASE. Dated 25th July, 1805 Prov. 24th Aug. 1805. Rec. nth Oct. 1813. 103 Conveyances, 452. Consideration $3,950. Recites Will of William Barlow and quit claims all th estate, right, title, interest, use, trust, property claim and d( mand whatsoever, both at law and in equity of them the sai Augustus Diggins, William Kibbe and William Howard, Ex( cutors as aforesaid of, in, to or out of the same premises. THE WILLIAM WRIGHT TRACT. 5 1 Augustus Diggins, William J DEED. Howard and William Kib-I BE, Executors of William! Dated ist July, 1806. Barlow, j Prov. ist Oct. 181 3. to [ Rec. nth Oct. 181 3. \rthur Kinder and Benja-\ 103 Conveyances, 454. MIN Bakewell. I Consideration, %\. Recites the Will of William Barlow and the previous deed, nd that doubts have arisen as to whether said deed was a suffi- ient conveyance to pass the right which was of the said A^illiam Barlow in the said premises. Conveys same premises. ^IlCHAEL COLLARD^;/^^ LeTTY, j his ivife; HANNAH VAN Or- 1 DEED. DEN. Sarah Reton, Qh.i:YiK-\ RINE ROMAYNE, Margaret[ Dated 2ist Dec. 1807. Banta, Sarah Losey and\ Ack. 21st Dec. 1807. Philip Webbers ^//a' Eliza-/ Prov. 15th Feb. 1808. BETH, hiszvife. I Rec. nth Oct. 1813. to 1 103 Conveyances, 456. Jenjamin Bakewell and Ar- | Consideration, $700. THUR Kinder. Conveys all their interest in same premises. DEED. Benjamin Bakewell and h.-^'^, j /iis zvife, I Dated 21st Jan. 1808. to \ Ack. 27th Feb. 1808. OHN Day, Thomas Kinder! Rec. 6th March, 18 18. rt;/^ Benjamin Page. 1 126 Conveyances, 209. J Consideration, $i. Recites the indebtedness of Benjamin Bakewell to Thomas under, Benjamin Page and others, mentioned in schedule nnexed. 52 THE WILLIAM WRIGHT TRACT. Conveys all tlie estate, right, title, interest, claim and demand of them, the said parties of the first part, and each of them of in and to the same premises. In trust to sell the same, and out of the proceeds to pay firs the creditors mentioned in Schedule A, then those in Schedule B, and such others as shall substantiate their claims against saic Bakewell, and then to pay surplus, if any, to Benjamin B;ike' well. Robert Kinder, Thomas Kin- I DER f my said children, say Eliza Tompkins one third, Isaac M. /Vright one third, and Hannah M. Staples the remaining third, luring the natural lives of my said two daughters, and the rents, nterest and profits arising therefrom, to be paid to them equally tul annually, and the third to be conveyed or paid over to my on Isaac, at the expiiation of five years from my death, and he rents, interest and profits arising therefrom." "And I hereby appoint my son Isaac M. Wright, my son- n-law, Daniel H. Tompkins, and also my son-in-law William . Staples, now in France, executors of this my last Will and L'estament, and I give them full power to sell, convey, rent, ease, or otherwise dispose of, all my real or landed property, 56 THE WILLIAM WRIGHT TRACT. as they may deem most for the advantage of all those concerned and to invest the same in bonds and mortgages for the securitj and objects above specified. In case of the death of either Eliz; Tompkins and her husband Daniel H. Tompkins surviving, h shall possess her share of the estate, otherwise it shall be sub ject to her disposition, so likewise in relation to my daughte Hannah J. Staples, if her husband survives her, he shall inher her share of the estate, otherwise, that is to say if she surviv( her husband, she shall dispose of her share as she may deei best. Letters Testamentary were granted to William I. Staples ar Daniel H. Tompkins, on 13th March, 1S50 (see Liber 9 Lette Testamentary, page 50), and Isaac M. Wright, on 26 Marc! 1S50 (see same Liber, page 64.) Wil o/^. o/e^. '"^SfcJ et'VlO-vji y ■» «Ci -»~Aa- > QP!AWoMTlJ3V ^ J M :i: --^-4; (^o^ty ^iv/^h (i)t^(€.J- 58 THE MEDCEF EDEN, JUNIOR, TRACT. poses whatsoever, as I, the said Medcef Eden (if living), coulc or might have, take, and enjoy, hold and receive all and singula the hereinbefore mentioned and intended to be hereby be queathed and above described premises. Item: It i my will, and I do so order and appoint, that i either of my said sons should depart this life without lawfu issue, his share or part shall go to the survivor ; and in case o both their deaths without lawful issue, then I give all thi property aforesaid to my brother, John Eden, of Loftus, ii Cleveland, in Yorkshire, and my sister Hannah Johnson, o Whitby, in Yorkshire, and their heirs. Joseph Eden died without issue on 20th August, 1S13 Medcef Eden, the younger, died without issue on 21st July 1819. On the 8th day of July, iSoo, John Wardell recovered a judg ment against Joseph Eden in the Supreme Court of Judicatun for $100,014.87. On 1 8th May, 1801, all the right, title and interest of Josepl Eden to the tract in question was sold to Robert Bowne, wh( purchased the same for the use of the Bank of New York. Thi Sheriff' executed a deed thereof to Robert Bowne. Some o the descendants of Woolfort Webbers brought ejectment suit against Robert Bowne which was settled by giving the follow ing release. Michael Collard and Letty his wife ; HANNAH Van Or- j DF.ED. DEN, Sarah Reton, Catha- rine Romayne, MargaretJ^ Dated 15th Aug. 1807. Banta, Sarah Losee and , p,-ov. i6th Nov. 1807. Philip Webbers, ( ^e^. nth Dec. 1807. to \ 78 Conveyances, 513 Robert Bowne. Consideration, $i. THE MEDCEF EDEN, JUNIOR, TRACT. 59 Iecites that suits of ejectment had been instituted by the par- ; of the first part, as lessors of plaintiffs against Robert Bowne 1 Solomon Berry for the possession of the tract in question, i^eleases and quitclaims '" all such estate, right, title, interest 1 demand whatever as we or either of us had or ought to re, if these presents had never been made of, in or to all that tain lot, piece or parcel of land situate, lying and being in City and County of New York on a road known and distin- shed as Bloomingdale Road, beginning at said road and run- g along a road leading to the commons South forty-five frees East fourteen chains and sixty-two links ; thence North rty-five degrees East nine chains eighty-two links ; thence rth sixty-two degrees West fifteen chains seventy-six links ; ;n South twenty degrees West five chains forty-one links to place of beginning. Containing eleven acres, one rood and van perches, be the same more or less, by any ways or means latsoever. DEED. Dated 23d Feb. 1815. Ack. 23d Feb. 181 5. Rec. 3d March, 18 19. 1 34 Conveyances, 464, Consideration, $5. Recites deeds made by James Morris, Sheriff", to Robert iwne, and that the purchase money therein expressed was the )ney of the Bank of New York and the purchase was made trust for them. Conveys same premises. The two following decisions of the Court of Errors on the nstruction of the foregoing Will of Medcef Eden, the elder, termine the interests which the Bank of New York and 6o THE MEDCEF EDEN, JUNIOR, TRACT. Medcef Eden, the younger, had respectively in the tract in question. The first case is that of Anderson vs. Jackson, ex dem Medcef Eden, reported in i6 Johnson, 382. Here certain property in Westchester County devised by Medcef Eden, the elder, in the Will in question, to Joseph Eden had been sold under Ji en facias issued upon a judgment against Joseph Eden and con- veyed to Joseph Winter, who thereupon conveyed the same to James Anderson, the plaintiff. It w^as here held that the clause of the Will which provided that if Joseph " should depart this life without lawful issue, his share or part should go to the sur- vivor," did not create an estate tail in Joseph. That the use oi the word " survivor" in the devise over showed that the testator did not refer to an indefinite failure of issue, but to a definite failure of issue at the death of Joseph, and consequently that the limitation over to Medcef Eden, Junior, was good, and that the interest of the purchaser at the Sheriff's sale ceased on death oi Joseph without issue, and that the title thereupon passed tc Medcef Eden, Junior. This decision disposes of any claim which the Bank of New York might make under the above conveyances. The next case is that of Lion ex dem Medcef against Burtiss and The President, Directors and Company of the Bank oj New York, reported in 20 Johnson, 483. It was here held, as to the land devised to Joseph, (which according to the pre- vious decision passed on his death without issue to his brother), that the devise over to Medcef Eden, Junior, having taker effect, ceased to be executory, and he became seised in fee tail, by necessary implication of law, with remainder expectant in favor of John Eden and Hannah Johnson ; and that the fee tail, by Statute of 23d February, 1786, was converted into a fee sim- ple, and the remainder over to John Eden and Hannah John- son was void. This was aflirmed by the Court of Errors in case of Wilkes vs. Lion, reported in 2 Cowen, 333. The case was JHE MEDCEF EDEN, JUNIOR, TRACT. 6l conciled by that court with the preceding one of Anderson .Jackson, as in that case the word " survivor" was used in e devise over, which was not done in this case, the testator not iving in any way described John Eden and Hannah Johnson surviving. This decision established the titles derived under e following Will of Medcef Eden, the younger, the surviving other. Last Will and Testament / 3 J 7) 9- r f Proved 3d Nov., 1819. Medcef Eden. In Westchester Co., I Wills, 263. '• I devise my whole real and personal estate to my wife, ning her natural life, provided she so long continues my wid- V, for the maintenance and support of herself, her three daugh- rs, Sally, Ann Elizabeth, and Rebecca, and of my friend John elletreau, whom I request to reside with them and assist them, pon the death or remarriage of my wife, I devise the said tales to the said John Pelletreau, during his natural life, for the ipport of himself and of the said three girls, and after the :ath or marriage of my and after the death of John Pelle- ean, I give and devise the said landed estates, and every part ereof, to the said Sally, Ann Elizabeth and Rebecca, and to leir heirs and assigns forever, provided, nevertheless, and this st devise is upon the express condition that if either of the lid Sally, Ann Elizabeth or Rebecca should marry without le consent of my friend Aaron Burr, she shall forfeit her share, id the same shall pass immediately to the other sisters. I ve to my wife, so long as she shall remain single, and to the lid John Pelletreau after her death or marriage, full power id authority to sell and convey all or any part of my real tate, provided that the said Aaron Burr shall, in writing sign ilh his hand approve of and consent to such sale. But no such 62 THE MEDCEF EDEN, JUNIOR, TRACT. sale shall be valid without such approbation and consent. The money arising from all such sales to be vested and secured in such manner as the said Aaron Burr shall direct, for the pur- poses of this my Will. In the case of any difference be- tween my wife and her children and the said John Pelletreau, or between any of them, respecting the division of the income or proceeds of my estate, the same shall be referred to the judg- ment of the said Aaron Burr, who shall finally decide the same. I appoint my wife executrix of this my Will ; on her death or re-marriage, the said John Pelletreau shall be my executor. Letters Testamentary were granted to Rachel Eden (see Liber I, Wills, 262.) She died on 5th September, 1830, and letters were thereupon granted to John Pelletreau on iS Sep- tember, 1S30 (see Liber A, Letters Testamentary, page 25). c^^. w. «^/^. Lu t 1 '^ awn Northeast, it contains in all about five hundred acres or hundred and fifty morgen." Conveys said premises to the patentees. The above patent appears to have been revoked and the fol- ving one given in its place. J8 i c ^ b -SO I J^ ^ t- i ^0 ■ S "^ 3 'ji ;; tM 'J » - -O •^ ^ "ya t. •* THE TYSEN AND WILLIAMS TRACT. The tract in question is included in the following patent. Sir Richard Nicolls, J PATENT Governor, etc., to \ Dated 3d Sept. 1667. Rec. in Sec'y of State's Office at Albany in 2 Patents 97. HOMAS Hall, John Vigne, Egbert Wouters a7id Jacob Leanderts. " Whereas there is a certain parcell of land lying and being )on this Island Manhattans to ye North of ye Great Creeke or ill stretching alongst ye North River five hundred rods and inning in depth into ye Island three hundred rods a line being awn Northeast, it contains in all about five hundred acres or ro hundred and fifty morgen." Conveys said premises to the patentees. The above patent appears to have been revoked and the fol- wing one given in its place. 47 tK ST. lJ 5 MAPor PROPE RTY .n THcTWELfTH WARD or thc CITYorNEWYDRK BELONCINC TO CtORCE WTYSCNA-oCBtNLZERL. WILLIAMS ^ ^ -5.^ i ■s- — w^ . \ -o 64 THE TYSEN AND WILLIAMS TRACT. Sir Ricaru Nicolls, Governor etc., to Johannes Van Brugh, Thom-^ AS Hall, John Vigne, Eg- bert Wouters and Jacob Leanderts. PATENT. Dated 3d Oct. 1667. Rec. in Secretary State's Office at bany. 2 Patents, in. Al " Whereas there is a certain tract or parcel of land upor this Island Manhattans lying and being to ye North of ye Great Creeke or Kill, stretching in length from ye said Creeke or Kill alongst ye river commonly called and known by ye name ol Hudson's or ye North River eight hundred rods, and from ye said river stretching in depth or breadth two hundred and fifty rods." Conveys said premises to the patentees. DEED. Jan Vigne to Jacob Cornelisse. Not recorded, but re cited in the following deed to JOSEPK Haynes. Conveys all that a certain part or parcel of land, situatt lying and being at the Great Kill and laid out for an equa fifth part of a patent formerly granted to Johannes Van Brugge Thomas Hall, Jan Vignie, Egbert Wouters and Jacob Lean- ders, bounded on the South by the land of Johannes Var Brugg, on the North by the land of Aaron Webbers, by Hud sons River on the West, and by the Commons of the City o: New York on the East. THE TYSEN AND WILLIAMS TRACT. DEED. 65 Jacob Cornelisse to WoLFERT Webbers. Not recorded, but re- cited in the following deed. Conveys same premises. Wolfert Webbers died seised of this tract, and his heirs conveyed as follows : Arnout Webbers and Sarah his wife; JACOB WEBBERS and Margaret, his zvife ; Frederick Webbers and \ Lena, his wife ; Cornelius Webbers and Jannatie, his wife ; Ariante Van Arden i. {late Ariante Webbers), Al- TIE SOMERDICKE {late AlTIE Webbers), and Margaret Webbers, daughter and heir ^/JoHN Webbers. to DEED. Joseph Haynes. Dated 6th Oct., 1759. Ack. 6th Oct., 1759. Rcc. 14th Oct., 1784. 42 Conveyances, 27. Consideration, ;^ 1,500. Conveys same premises. Last Will and Testament of Joseph Haynes. Dated 17th July, 1762. Proved 9th May, 1763. 24 Wills, 22. Item : I do give and devise all my estate both real and per- sonal unto my beloved wife Jane Haynes, to receive the rents. 66 THE TYSEN AND WILLIAMS TRACT ' ' issues and profits thereof during her natural life, to her own j use and behoof; and at her decease I do give, devise and be- 1 queath the one full and equal moyty or half part of all my |i estate both real and personal unto my two nieces Charlotte and i Elizabeth Haynes, their heirs and assigns forever, equally to be i divided between them, share and share alike, but in case either of my said two nieces should happen to die during the lifetime of my wife, then I do give and devise the share and part of her so dying to the survivor of my said two nieces, and to her heirs and assigns forever. And the other full and equal moyety or half part of all my estate both real and personal, at and imme-^ diately after my said wife's decease, I do give, devise and be- queath unto such of her sisters as shall be living at the time of her death, and to their heirs and assigns forever, equally to be divided between them, share and share alike. By codicil dated 9th March, 1763, he provides that Ann Sevon may live with his wife during her widowhood, and in case his wife remarries, he gives said Ann Sevon an annuity of jEioo, to be void when she marries or moves out of province. Jane Haynes died about 1768, leaving four sisters her sur- viving, viz., Anne, wife of Daniel Horsmander ; Elizabeth Sevon, Mary Sevon, and Catharine Sevon. The devisees of Joseph Haynes conveyed a piece of land on the West side of the Bloomingdale Road, opposite the tract in question, to John Reis (see Liber 42 Conveyances, page 49), which deed recited that the piece vested in Joseph Haynes was divided into three lots, one fronting on the Hudson River, and the other two fronting on the Bloomingdale Road, and both lying on the Westerly side thereof. Now the distances in the deed to Joseph Haynes (42 Conveyances, 27), would extend far enough East of the Bloomingdale Road to embrace the tract in question. Thus, apparently, Joseph Haynes did not go into possession of all the tract described in the deed to him. THE TYSEN AND WILLIAMS TRACT. 6/ but only of the portion lying West of the Bloomingdale Road. At any rate, some of the descendants of Woolfert Webbers, the grantors of Haynes, seemed to have owned or claimed the lands East of the Bloomingdale Road. Medcef Eden also appears to have claimed some interest in the premises, as he devises to his sons Joseph and Medcef Eden " twenty-one acres of land at Bloomingdale, in possession of Furman, Fink & Mott(see Liber 42 Wills, page 516)." The deed to Medcef Eden is not on record, and the validity and extent of his claim cannot be deter- mined. The following is the next instrument of record affecting the title to this tract : MORTGAGE. John Webbers and Sarah, J To secure ;^258. his wife, I Dated loth June, 1789. ^^ f Proved 19th Aug., 1793. John Somarindyck. \ Reg. 26th Aug., 1793. J 6 Morts., 230. Covers all that certain lot, piece or parcel of ground situate in the Outward of the City of New York, on the East side of the Bloomingdale Road, containing six acres and one hundred and forty-four roods, Bounded as follows. Beginning at a stake and heap of stones on the East side of the said road, about half a rod North of the fence made between the land of the late Arnout, deceased, and the land intended to be granted, and from thence running South sixty-two and a half degrees East by the North bounds of the said Arnout Webber's land, sixty rods to a stake and stone in the West bounds of the Corporation, so- called, and from thence North thirty-four degrees east by the said Corporation Lands, fifteen rods to a stake and heap of stones ; then North sixty-one East sixty-eight rods to a stake and heap of stones on the East side of the said road ; thence West twenty South eighteen rods to the place of begin- ning. 68 THE TYSEN AND WILLIAMS TRACT. Letters of administration on the estate of John Somarindykc were granted to Sarah Somarindyke on i6th February, 1791 (see Liber 4 Letters Administration^ P'^ge 180.) Sarah Somarindyke, Admin- istratrix of John SoMARiN-f ASSIGNMENT. DYKE, ^^ ^ Dated 1st Sept., 18 12. Richard Furman. Assigns above mortgage. DEED. John Webbers and Sarah, ) Dated 24th Aug., 1795. his %vife, I Ack. 3 Sept., 1795. i^ f Rec. 16 Dec., 1833. Josiah Furman. \ 305 Conveyances, 367. J Consideration, i^550. Conveys same premises. Josiah Furman died intestate, on 19th April, 1798, leaving him surviving Elizabeth Furman, his w^idow, and, 1. George Furman, 2. John Furman, 3. Josiah Furman, 4. Richard Furman, 5. Elizabeth Furman, 6. Henry Furman, 7. Jacob Furman, 8. Joseph Filmore Furman, and 9. Maria Furman, His children and only heirs-at-law. John Furman died, April 3d, 1801, intestate, unmarried and without issue. THE TYSEN AND WILLIAMS TRACT. 69 George Furman died intestate August 23d, 1802, leaving him surviving two infant children, George Furman and Josiah Furman. On 15th July, 1S06, George C. Cooper was appoint- ed general guardian of said infants. Elizabeth Furman (^w*^ Josiah Furman, zvidozu and son of ^ Josiah Furman, deceased, to Rev. John Bassett and John| Clendenning, Trustees for Mrs. Margaret Smith. MORTGAGE. To secure $500. Dated 19th Nov., 1803. Proved 8th Dec, 1803. Rec. 14th Dec. 1803. 13 Morts., 212. Covers same tract. Henry Furman and Elizabeth Furman, zvidow, to Charles Smyth. DEED. Dated 12th Dec, 1805. Proved 31st Jan., 1806. Rec. 7th Feb., 1806. 71 Conveyances, 498. Consideration, $300. Conveys one equal undivided eighth part of same premises. Richard Furman, Jr., Mary, his zvife, to Charles Smyth. and DEED. Dated 7th Mar., 1804. Ack. loth Mar., 1804. Rec. 9th April, 1804. ^^ Conveyances, 417. Consideration, $300. Conveys all that right, title and interest of the said parties of the first part in and to the same premises. 70 THE TYSEN AND WILLIAMS TRACT. DEED. JOSIAH FURMAN to > Not recorded, but Charles Smyth. \ Recited in i6 Morts.,' 365- Conveys an undivided one eighth part of said premises. MORTGAGE. Charles Smith to I To Secure $2,922.99. Daniel D. Tompkins and An-V Dated 13th May, 1807. ^ drew Morris, as Guardian(^c^- 30th ]n\y, 1807. 0/ Susannah and John Mc-lReg. i Aug., 1807. Claven. 1 16 Morts., 365. Covers all those three equal undivided eighth parts of same premises. DEED. Elizabeth Furman, t/n- j Not recorded, but the Younger, f following mortgage to / is said to have been Charles Smyth. \ given to secure part of J its purchase money. Conveys an undivided eighth part of same premises. MORTGAGE. Charles Smyth i To Secure $600. to { Dated 14th June, 1808. ELizfABETH Furman, the /Proved nth April, 1809. Younger. \Reg. 13th April, 1809. J20 Morts., 148. Covers all that certain one equal undivided eighth part of same premises. THE TYSEN AND WILLIAMS TRACT. 7 1 Elizabeth Furman, the younger, died in 1808, intestate and without issue. Joseph C. Cooper was appointed her adminis- trator on 24th June, 1812 (see Liber 12 Letters Administration, page 115.) Henry Furman i ASSIGNMENT. to David Lyons. \ ^^^"^ ''^^^ ^P^'^^' ^^°9. Assigns all his interest in the mortgage given by Charles Smyth to Elizabeth Furman, the younger. JosiAH Furman / ' ASSIGNMENT. to David Lyons. \ ^^^^^ ''^^^ ^P^^' ^^^- Assigns all his interest in said mortgage. Richard Furman i ASSIGNMENT. to \ David Lyons. ■ \^^^^^ 9th May, 1812. Assigns all his interest in said mortgage. MORTGAGE. Charles Smyth i To Secure $621.18. ^^ f Dated 15th Sept., 1809. Daniel D. Tompkins a7td An-/ Ack. 19th July, 18 10. DREW Morris. \ Reg. 20th July, 18 10. _^ 723 Morts., 261. Covers all that certain piece or parcel of land situate, lying and being in the Ninth Ward of the City of New York, and 72 THE TYSEN AND WILLIAMS TRACl, bounded as follows to wit : Northerly by land now or late c Theodorus Bailey ; Easterly by land now or late of Caspar Sam ler ; Southerly by land now or late of the New York Bank, an<. Westerly by the Bloomingdale Road. Containing seven acres be the same more or less. MORTGAGE. Charles Smyth and his zvife, to William Adamson. Ann, To Secure $579.33. Dated 22d May, 18 11. Ack. 23d May, 1811. Reg. 13th June, 18 11. 26 Morts., 518. Covers all that and those the undivided five equal eightl parts of the same premises. The above mortgage is described as covering five eighths o the tract in question. It is possible that there was an unre corded deed from Maria Furman to Charles Smyth of an undi vided eighth, which supposition is rendered more probable from the fact that she was not made a party to the followin| suit: DEED. Charles Smyth to Daniel D. Tompkins and An- drew Morris. Dated 13th Jan., 18 12. Ack. 1 8th Jan., 18 12. Rec. 1 8th Jan., 1812. 196 Conveyances, 136. Consideration, $10. Recites mortgage above set forth, recorded in Liber i( Mortgages, page 365, and conveys all the estate, right, title, in terest, use, trust property, equity of redemption, claim and de mand whatsoever, both at law and in equity, of me the saic Charles Smyth, of, in, to or out of all those three equal undi vided eighth parts of same premises. THE TYSEN AND WILLIAMS TRACT. 73 On 3d April, 181 2, Charles Smyth made an insolvent assign- ment to Theodorus Bailey, William James McNeven and Rob- ert Steel. Joseph Pilmore Furman died on 13th September, 181 2, in- testate and without issue. Josiah Furman, the second, died intestate, without issue, on loth February, 1813. Henry Furman sailed from New York about 12th September, 18 1 2, in the privateer " Spitfiie," and neither he nor the vessel, nor any person on board, has since been heard from. He left no wife nor children. MORTGAGE. Jacob Furman to Maria Furman, To Secure $250. Dated 9th Nov., 181 3. Ack. 9th Nov., 1813. Reg. 1 2th Nov., 181 3. 30 Morts., 307. Covers all that certain undivided eighth part of the same premises. DEED. Jacob Furman to Maria Furman. Dated 24th Aug., 18 14. Ack. 25th Aug., 1 8 14. Rec. 27th Aug., 1 8 14. 107 Conveyances, 437. Consideration, $500. Conveys all the one full equal undivided eighth part of same premises. MORTGAGE. Jacob Furman To Secure $250. Dated 14th Aug., 1815. Ack. 14th Aug., 181 5. Rec. 17th Aug., 1815. 109 Conveyances, 521. Covers all that one fifth part of one eighth part of same premises. Also one sixth part of one eighth part of the above to Richard Furman. 74 THE TYSEN AND WILLIAMS TRACT. mentioned mortgage from Charles Smyth to Elizabeth Furm? the younger, registered in Liber 20 Mortgages, page 148. IN CHANCERY. Before the Chancellor. Richard Furman vs. John Webbers, Elizabeth Furman, Joseph C. Cooper, Jacob Furman, David Ly- ons, Daniel D. Tompkins, Andrew Morris, Theo- ^ dorus Bailey, William James McNeven, Robert Steel, Thomas Addis Em- met, George ' D. Cooper ajtd Thomas H. Branting- ham. 1816 — April 19 Bill filed to foreclose 6 mortgages, 330. " Filed, answers of David Lyons, Joseph 1 Cooper, Administrator of Elizabeth Fi man and Guardian of George Furman ai Josiah Furman ; George D. Cooper, Thom H. Brantingham, Jacob Furman, Jol Webbers, Elizabeth Furman, Daniel ] Tompkins and Andrew Morris. 1817 — June 9. Answer of Theodorus Bailey, William Jam McNeven and Robert Steel, filed. July 3. Answer of Thomas Addis Emmet filed. July 3. Order of reference to compute, etc. July 7. Master reports $235.91 due. THE TYSEN AND WILLIAMS TRACT. 75 j8i7 — ^July 7. Judgment of foreclosure and sale. Nov. 17. Report of sale filed, Nov. 17. Report of sale confirmed. j82o — Sept. 6. Decree enrolled. Maria Furman, who had intermarried with George Francis on 22d December, 181 5, was not made a party to the above suit. George Furman and Josiah Furman, sons of George Furman, were also omitted, Joseph C. Cooper, their guardian, having been made a defendant in their place. The said George Furman perished at sea prior to 1822, as appears from Volume 22, Chancery Minutes, page 410, leaving his brother Josiah his only heir at law. The said Josiah Fur- man died about 1823, intestate, unmarried and without issue. His uncle Jacob Furman had died April 17th, 1821, without issue. His uncle Richard Furman left the City of New York for New Orleans about April, 1821, and has never since been heard from. He left him surviving a daughter Anna Maria Furman, afterwards Anna Maria Searles. (See petition for probate of will of Elizabeth Furman, which is recorded in Liber 86 Wills, 246.) It appears from this petition that upon the death, in 1843, of Elizabeth Furman, the widow of Josiah Fur- man, the elder, the only representatives of the family of the said Josiah Furman then living were the said Maria Francis and Anna Maria Searles. Maria Francis released her interest in the premises by deed recorded in Liber 305 Conveyances, 366, hereinafter set forth. DEED. William Van Hook, Master- j Dated 29th Oct., 18 17. in-Chancery, ( Ack. 6th Nov., 18 17. to f Kec. loth Jan., 1818. James R. Mullany. \ 125 Conveyances, 109. . / Consideration, $2,250. Conveys all said mortgaged premises. 7^ THE TYSEN AND WILLIAMS TRACT. DEED. James R. Mullany and Maria, J lis wife, to Elias Burger. Conveys same premises. Elias Burger and Mary, his zvife, to James Robert Mullany. Conveys same premises. Dated ist Feb., 1822. Ack. 4th May, 1822. Rec. 6th May, 1822. 160 Conveyances, 3 l. Consideration, $3,500. DEED. Dated 4th March, 1825. Ack. 14th March, 1825. Rec. 25th Aug., 1829. 254 Conveyances, 259. Consideration, $3,500. On 26th March, 1827, Malachi Kelly recovered a judgmen against James R. Mullany, in the Supreme Court, for $660.77. CERTIFICATE. ! Dated 7 Sept., 1827. Ack. 14 Sept., 1827. Rec. 17 Sept., 1827. 226 Conveyances, 16. Consideration, $540. Certifies to sale to James W. Lent, by virtue of a writ o fieri facias issued under the above judgment, of all interes which James R. Mullany had on the 26th March, 1827, in th( same premises, and that he will be entitled to a deed on 71! December, 1828, unless sooner redeemed. On 30th August, 1828, David Rogers recovered a judg ment against James R. Mullany, in the Supreme Court, fo $1,514.67. THE TYSEN AND WILLIAMS TRACT. 71 DEED. Oliver M. Lownds, Sheriff, etc., to David Rogers. Dated 22d Dec, 1828. Ack. 23d Dec, 1828. Rec 29th Dec, 1828. 244 Conveyances, 420. Consideration, $595.48. Recites sale to James W. Lent above set forth, the judgment recovered by David Rogers, and that the said Rogers, on i6th September, 1828, tendered to said Lownds, Sheriff, etc., the purchase price paid by the said James W. Lent, with interest, ivhich was accepted by the Sheriff, with the concurrence of said Lent. Conveys same premises. David Rogers and Susan, his wife, to James R. Mullany. DEED. Dated 15th July, 1829. Ack. 28th July, 1829. Rec. 2d Sept., 1829. 254 Conveyances, 313. Consideration, $595.48 Quitclaims all the estate, right, title and interest of the said parties of the first part of, in, and to same premises. Maria Francis, widow of 1 DEED. George Francis, and daugh- 1 TtSiiQd loth July, 1833. ter of JOSIAH Furman, ihel Ack. i6th July, 1833. Elder, I Rec. loth Dec, 1833. io y 305 Conveyances, 366. James R. Mullany. ] Consideration, $20. Conveys all estate, right, title and interest in and to same premises. In Liber 303 Conveyances, page 223, is recorded an agree- nent to sell three-fourths of said premises to Isaac Jaques, Robert P. Bell, and E. L. Williams. 78 THE TYSEN AND WILLIAMS TRACT. James R. Mullany to Robert P. Bell, Ebenezer L. Williams and Isaac Jaques. DEED. Dated 30th Mar,, 1833. Ack. 1st April, 1833. Rec. 2ist Nov., 1833. 304 Conveyances, 312. Consideration, $6,000. Conveys all those three undivided fourth parts, the whoL into four parts to be divided, of the same premises. Isaac Jaques, Robert P. Bell, and Charlotte, his wife, to George W. Tysen. DEED. Dated 22d Nov., 1833. Ack. 22d Nov., 1833. Rec. 22d Nov., 1833. 306 Conveyances, 222. Consideration, $5,000. Conveys all that the one equal undivided moiety or half par of same premises. DEED. James R. Mullany to Ebenezer L. Williams. Dated i8th Nov., 183^ Prov. 2ist Nov., 1833. Rec. 2ist Nov., 1833. 304 Conveyances, 310. Consideration, $4,000. Conveys one equal undivided fourth part or quarter of sam premises. Elizabeth Furman, widozv of ^ Josiah Furman, the Elder, to Geor(;e W. Tysen and Eben- ezer L. Williams. DEED. Dated 4th Dec, 1833. Ack. 4th Dec, 1833. Rec. i6th Dec, 1833. 305 Conveyances, 365. Consideration, $5.00. Conveys all the right, estate, title and interest which she, th said party of the second part, ever had or now hath of, in an^ to the same premises. W". c^ed. Wira. Conveys all that certain tract, piece or parcel or lanu suuate, lying and being in the Ninth Ward of the said City of New York at Bloomingdale, bounded as follows, to wit : Beginning on the Easterly side of the Bloomingdale Road at the Northerly corner of land of Charles Smith, running thence along the same South sixty-one degrees forty-five minutes East sixteen chains and seventy-seven links to land of Doctor Hosack ; thence along the same North thirty-four degrees forty-five minutes East THE WILLIAM L. ROSE TRACT. This is part of a tract of land which at an early period was vested in Alexander Fink, Senior, and Alexander Fink, Junior. There is no deed on record to either of them. For remarks on the title to this tract prior to their ownership, see abstract of Tysen and Williams tract, ante pages 63 to 6"]. Alexander Fink, Senior, and Mary, his wife; Alexan- der Fink, Junior, rt;/<3^ Eliza- I BETH, his wife, to Theodorus Bailey rt'w^ James' Cheetham. DEED. Dated 25th April, 1806. Ack. 30th April, 1806. Rec. 31st May, 1806. 72 Conveyances, 375. Cons. $8,882.80. Conveys all that certain tract, piece or parcel of land situate, lying and being in the Ninth Ward of the said City of New York at Bloomingdale, bounded as follows, to wit : Beginning on the Easterly side of the Bloomingdale Road at the Northerly corner of land of Charles Smith, running thence along the same South sixty-one degrees forty-five minutes East sixteen chains and seventy-seven links to land of Doctor Hosack ; thence along the same North thirty-four degrees forty-five minutes East MAP or VALUABLE PROPERTY SITUATE IN THE TWELFTH WARD orTHc CITYor NEW YORK '^C/'vvl/ife.cl (i^tU feud ct*.rc/njCo («>/r«/^r,\ ^^^^^ -7th May, 1814. ^;^^Lettes Grayson, ^^;;zz«-( ^^^"'' -^th May, 1814. istratrix of JOHN Grayson, \ ^^^- 30th May, 18 14. deceased. 13i Morts., 391. Covers same premises. IN CHANCERY. Before the Chaueelloi- OHN Bacon, Administrator, and Lettes Grayson, Ad- ministrator of JOHN Grayson, | deceased. vs. i^iLLiAM L. Rose and Char- lotte Clara, his zvife, and' Thomas R. Smith. 515 — Feb. 4. Bill filed to foreclose above mortgages. March 6. Answer of defendants Rose and wife, April 6. Answer of defendant Smith. June 16. Order of reference to compute, etc. June 24. Master's report filed. June 24. Decree of foreclosure and sale. Oct. 14. Report of sale filed. Oct. 16. Decree enrolled. 84 THE WILLIAM L. ROSE TRACT. DEED. Thomas Bolton, Master ////Dated 30th Sept. iSi' Chancery, f Ack. 9th Oct., 1815. to ? Rec. I2th Oct. 1815. Lettes Grayson. ^ hi Conveyances, 311 J Consideration, $2,500. Conveys all said mortgaged premises. This property, though taken in the individual name of Let Grayson, was considered to be held by her as part of the est of John Grayson. John Bacon, her co-administrator, died July, 1818. John Grayson had died intestate in the City of New York June, 1S12, leaving him surviving his widow, Lettice Grays( and the following heirs at law, viz. : Elizabeth Ann Grays( Martha Grayson and a posthumous child called John Gri son, who was born November 30, 181 2, and who died Aug 15, 1814. Elizabeth Ann Grayson intermarried with Charles Mow on 3d May, 1824. Martha Grayson intermarried with John E. Mowatt on 2 February, 1824. He died in January, 1829. Letitia Grayson, widow of John Grayson, intermarried w Francis Graham on i6th April, 1830. ANTE-NUPTIAL Charles Mowatt, 1 SETTLEMENT. 0/ 1st part,! Elizabeth Ann Grayson, \ Dated loth Mar., 1821 of 2d part J Proved 24th Aug., 18: Lettice Grayson, \ Rec. 24th Aug., 1826, of id part. ]2o8 Conveyances, 24: /Consideration, $1. Recites that a marriage is shortly to be solemnized betw« Elizabeth Ann Grayson and Charles Mowatt, and the si THE WILLIAM L. ROSE TRACT. 85 Elizabeth Ann Grayson conveys to Lettice Grayson, with con- ent of Charles Mowatt, all her estate both real and personal, 1 trust to permit the said Ann Elizabeth to manage, lease, sell nd convey the same as if she were a feme sole ; and to convey be residue of the property undisposed of by her as she may by mting appoint, and in default of such appointment, to convey her issue. If she leaves no issue, then to convey to her hus- and in fee, but if she survive her husband, then to her in fee. DEED. i"RANCis Graham «;/^ Lettice Mated 15th Dec, 1835. Graham, /h's wife, ( Ack. 15th Dec, 1835. ^o /Rec 1st April, 1836. James G. Haviland. 1351 Conveyances, 254. /Consideration, $1. Recites previous ante-nuptial settlement, and that Lettice ■rraham, the trustee therein named had been discharged by the ^lourt of Chancery by the decree in the following suit, and that ames G. Haviland had been appointed trustee in her place. Conveys all the real estate of which she is seised, or to which he may claim any right or title by virtue of the said ante-nup- lal settlement, to hold on the trusts therein specified. \ ANTE-NUPTIAL OHN Edgar Mowatt, j SETTLEMENT. 0/ 1st part,! klARTHA Grayson, ( Dated 17th Feb., 1824. of 2d part J Ack. 9th Nov., 1826. AMES Mowatt, V Rec loth Nov., 1826. of 2,d part. ] 211 Conveyances, 1 1 4. / Consideration, %i. Recites that a marriage is shortly to be solemnized between ohn Edgar Mowatt and Martha Grayson, and the said Martha 86 THE WILLIAM L. ROSE TRACT. Grayson conveys to James Mowatt, with the consent of John Edgar Mowatt, all her estate real and personal, to hold on ? trust similar in terms to those contained in the previous settle- ment of Elizabeth Ann Grayson. IN CHANCERY. Before Vice ChaJicellor. Martha Mowatt, Charles Mowatt and Elizabeth Ann, his tvife, vs. Francis Graham andl^YTTicE,^ his wife, and J AMES Mow ATT. 1S30 —April 26. Bill filed for discovery and accounting. June 28. Answer of Fraftcis Graham and wife filed. Dec. 20. Further answer of same filed. Dec. 29. Replication to answer filed. -^'^'g- 30- Order pro confesso vs. James Mowatt on hi; consent. 1833 — Sept. Q. Order of reference to Benjamin Clark to state account of real and personal estate of Johi Grayson, deceased, and discharging Lettic( Graham as trustee for Elizabeth Anr Grayson, under ante-nuptial settlemen above set forth. THE WILLIAM L. ROSE TRACT. 8/ IN CHANCERY. Before Viee CJuineellor. :^RANCis Graham anel Letitia, J lis ivife, vs. Martha Mowatt, Charles/ MowATT and Elizabeth I Ann, his ivife, and James Mowatt. 832 — May 24. Cross bill filed for assignment of dower. July 21. Answer of Martha Mowatt and Charles Mow- att and wife filed. Oct. 8. Order pro confesso against James Mowatt on default of an answer. S35 — July 28, Decree entered in both suits, sets forth that parties have agreed upon compromise of the matters in difference between them and directs sale of all real estate, etc., at auction, describing tract in question as " certain blocks, pieces or parcels of ground situate at Bloomingdale in the Twelfth Ward of the City of New York, containing four acres and one-half an acre and twenty- six perches of land, more or less." Decree signed by all parties, their solicitors and counsel. S35 — Dec. 15. Master's report of sale filed. Dec. 12. Decree enrolled. 88 THE WILLIAM L. ROSE TRACT. Master reports sale of lots i to 7 on map to James L. Gra- ham ; lots 8 to 1 1 on said map to same ; 13 to 14 to same ; 15 to 20 to same ; 31 to 26 to same ; 27 to 32 to Elijah H. Kim- ball ; 33 to 38 to same ; 39 to 44 to same ; 45 to 50 to same ; 51 to 56 to same; 57 to 62 to Stephen Reed; 63 to 65 tc Elijah H. Kimball ; 66, 67 to same ; 68, 69 to same ; 70 to 72 to same. TVOl C^^. a/^. 3IV10 2 nnlng in depth into ye Island three hundred rods a line being awn Northeast, it contains in all about five hundred acres or hundred and fifty morgen." Conveys said premises to the patentees. The above patent appears to have been revoked and the fol- ving one given in its place. \ \ 1~* ' Ib.if c \o 5vlS J \*^ /4t <^ 3 1^ \r« ^ IS11 :; : •^ ISO, tV .- K, /♦73 tj 2 \r *>' » /J*.^ "^ 5 \~^ i %~ ""-s ^^v "■7' r.. ^ V" /0/.3 cp _ "^ »-. w 1 ^ \S_2o t^3 \ V 'HE THOMAS ADDIS EMMET TRACT. The tract in question is included in the following patent. Sir Richard Nicolls, J PATENT. Governor, etc., j f() \ Dated 3d Sept. 1667. / Rec. in Sec'y of State's HOMAS HALL, JOHN VlGNE,( ^^^^ ^^ ^ .^^ EGBERT WOUTERS auel JaCOb\ ^ p^^^^^^^ Leanderts. "Whereas there is a certain parcell of land lying and being ipon this Island Manhattans to ye North of ye Great Creeke or Lill stretching alongst ye North River five hundred rods and untiing in depth into ye Island three hundred rods a line being Irawn Northeast, it contains in all about five hundred acres or wo hundred and fifty morgen." Conveys said premises to the patentees. The above patent appears to have been revoked and the fol- owing one given in its place. FORTY EIGHTH 1^ «> -/«»- > TT » ^ Oo CO ;5 oo Oo " CM ao o ^ TV ^ CM fv " vi) > /<-r > « "5 ■0 «-i N4. -0 ^ ■* CM -J ■4 ^ ^ ? ^ ''I •0 ■5 ^ !^ 03 > V 3S CI. *l I/i >» X a^^ -*' /r,> ■ - I h- X CO n-t .-_a -WJ ygA \ rCRTY^tVEhm ar. — 6, j-A^-c/ />> ( "f^-y /- /o. .,,/C. //v aJr. y..2tr>,jhi:j ic^ 90 THE THOMAS ADDIS EMMET TRACT. Sir Ricard Nicolls, Gov CI' 1107' etc., to \ Dated 3d Oct. 1667. Johannes Van Brugh, Thom-) ^^^- "^ Secretary AS Hall, John Vigne, Eg-1 States Office at BERT WOUTERS and JACOB 1 ^"^ ' Leanderts. P P'^^^^"^^' ''^^ PATENT. " Whereas there is a certain ti'act or parcel of land up( this Island Manhattans lying and being to ye North of ye Gre Creeke or Kill, stretching in length from ye said Creeke or K alongst ye river commonly called and known by ye name Hudson's or ye North River eight hundred rods, and from said river stretching in depth or breadth two hundred and fif rods." Conveys said premises to the patentees. DEED. Jan Vigne / Not recorded, but 1 io \ cited in the followii Jacob Cornelisse. \ deed to Josef Haynes. Conveys all that a certain part or parcel of land, situf lying and being at the Great Kill and laid out for an eqii fifth part of a patent formerly granted to Johannes Van Brugg Thomas Hall, Jan Vignie, Egbert Wouters and Jacob Lea ders, bounded on the South by the land of Johannes V; Brugg, on the North by the land of Aaron Webbers, by Hu sons River on the West, and by the Commons of the City New York on the East. THE THOMAS ADDIS EMMET TRACT. 9I \ DEED. Jacob Cornelisse / io \ Not recorded, but re- Wolfert Webbers. V cited in the following I deed. ^ONVEYs same premises. ^''olfert Webbers died seised of this tract, and his heirs iveyed as follows : :N0UT Webbers and Sarah lis wife; JACOB WEBBERS md Margaret, his xvife ; i^REDERlCK Webbers and \ ^ENA, his zvife; CORNELIUS Yebbers rt«<^ Jannatie, his vife ; Ariante Van Arden L late Ariante Webbers), Al- te Somerdicke {late Altie A^ebbers), and Margaret /Vebbers, daughter and heir /■John Webbers. to DEED. Dated 6th Oct., 1759. Ack. 6th Oct., 1759. Rec, 14th Oct., 1784. 42 Conveyances, 27. Consideration, ^1,500. Joseph Haynes. onveVs same premises. Last Will and Testament of Joseph Haynes. Dated 17th July, 1762. Proved 9th May, 1763. 24 Wills, 22. tern : I do give and devise all my estate both real and per- al unto my beloved wife Jane Haynes, to receive the rents, 92 THE THOMAS ADDIS EMMET TRACT. issues and profits thereof during her natural life, to her ov\ use and behoof; and at her decease I do give, devise and b queath the one full and equal moyty or half part of all n estate both real and personal unto my two nieces Charlotte ai Elizabeth Haynes, their heirs and assigns forever, equally to 1 divided between them, share and share alike, but in case eithi of my said two nieces should happen to die during the lifetin of my wife, then I do give and devise the share and part of h so dying to the survivor of my said two nieces, and to her hei and assigns forever. And the other full and equal moyety half part of all my estate both real and personal, at and imm diately after my said wife's decease, I do give, devise and 1: queath unto such of her sisters as shall be living at the time her death, and to their heirs and assigns forever, equally to 1 divided between them, share and share alike. By codicil dated 9th March, 1763, he provides that Ai Sevon may live with his wife during her widowhood, and case his wife remarries, he gives said Ann Sevon an annuity £100, to be void when she marries or moves out of province. Jane Haynes died about 1768, leaving four sisters her si viving, viz., Anne, wife of Daniel Horsmander ; Elizabe Sevon, Mary Sevon, and Catharine Sevon. The devisees of Joseph Haynes conveyed a piece of land ( the West side of the Bloomingdale Road, opposite the tract question, to John Reis (see Liber 42 Conveyances, page 4c which deed recited that the piece vested in Joseph Haynes w divided into three lots, one fronting on the Hudson River, ai the other two fronting on the Bloomingdale Road, and bo lying on the Westerly side thereof. Now the distances in t deed to Joseph Haynes (42 Conveyances, 27), would extei far enough East of the Bloomingdale Road to embrace t tract in question. Thus, apparently, Joseph Haynes did n go into possession of all the tract described in the deed to hir THE THOMAS ADDIS EMMET TRACT. 93 lut only of the portion lying West of the Bloomingdale Road. U any rate, some of the descendants of Woolfert Webbers, the aantors of Haynes, seemed to have owned or claimed the lands Dast of the Bloomingdale Road. Medcef Eden also appears to lave claimed some interest in the premises, as he devises to his ens Joseph and Medcef Eden " tw^enty-one acres of land at Bloomingdale, in possession of Furman, Fink & Mott (see Liber |.2 Wills, page 516)." Tlie deed to Medcef Eden is not on ecord, and the validity and extent of his claim cannot be deter- nined. The following is the next conveyance of record affecting title this tract : DEED. I'ETER Webbers and Catha- J Dated 22d June, 1782. | RINE, his wife, {Kz\i. ist Feb., 1784. to /'Rec. 25th Nov. 1785. Ebenezer Turell. \42 Conveyances, 284. /Consideration, ^^250. Conveys all that certain tract or parcel of land situate, lying ind being in the Outward of the City of New York, on the East- ;rly side of the highway, containing seven acres and sixty- wo rods, that leads from the stone fence (so-called) to Bloom- ngdale, bounded as follows, viz : beginning at a stake set in the jround with stones laid round it, on the Easterly side of the said lighway, between a house formerly owned by Joseph Haynes ieceased, and the dwelhng house of John Hopper, which stake ind stones is in the South bounds of the said Hopper's land, and ibout half a rod to the Southward of the corner of the fence ; :hence running South forty-seven and a half degrees East, by the said Hopper's land seventy-nine rods to a stake and heap of stones in the West bounds of the land belonging to the Corpora- ion of the City of New York ; thence South thirty-four degrees 94 THE THOMAS ADDIS EMMET TRACT. West, by land of the said corporation, thirteen rods, to a stal^ and stones ; thence North fifty-two degrees West, seventy-thre rods to a stake and stones on the East side of the said highwa}i thence North twenty degrees East twenty rods to the place < beginning. There is here another break in the chain of conveyance there being no recorded deed till the following from Josep Mott. Thus it does not appear whether his title was derive from the grantee of Peter \Vebbers or from Medcef Eden, whi as shown on preceding page, claimed title thereto. DEED. Joseph Mott and Lydia, /Dated 5th Dec, 1805. Jiis tvife, r Ack. 9th Dec, 1805. to ?^ Rec nth Mar,, 1806. Charles Smyth. \ 72 Conveyances, 89. /Consideration, $6,000. Conveys all that certain tract or parcel of land situate, lyir and being in the Ninth Ward of the City of New York, on tl Easterly side of the highway, containing eight acres, Boundc as follows, to wit : On the North by land now in the possessic of Andrew Hopper, on the West by Bloomingdale Road, c the East by land formerly belonging the Corporation of tl City of New York, but now in the possession of Doctor Dav Hosack, and on the South by land now in the possession 1 Alexander Fink, Junior. MORTGAGE. \ To Secure $5,000. Charles Smyth / Dated 6th Dec. 1805. to J> Ack. 9th Dec, 1805. Joseph Moit. \ Reg. 23d Dec, 1805. j 15 Morts., 315. Covers same premises. THE THOMAS ADDIS EMMET TRACT. 95 ■^V>^,^ -^-vvt^jl ^ • > C* Ncv> <-?3aMAX3JAaMATTOM H^32! ra Ut !s tX -x"C 4\V. «. v^ Conveys said Lot A, by the following description : All that certain divided third part marked A in the map reunto annexed, containing two acres, two roods and twenty- 94 THE THOMAS ADDIS EMMET TRACT. w an roi tin be th M frc as an E; as of th Ci H A ^^ k.'^ia)t«»< Joseph Morr. Reg. 23d Dec, 1805. 15 Morts., 315. Covers same premises. THE THOMAS ADDIS EMMET TRACT. 95 ASSIGNMENT. Joseph Mott to Charles White, Jr. Assigns the above mortgage. Charles White, Jr. to Thomas Addis Emmet. Dated i6th Aug., 1824, Ack. 17th Aug., 1824. Rec. 6th Jan., 1857. 526 Mortgages, 707. Consideration, $1,950. DECLARATION. Dated i6th Aug., 1824. Ack. 1 8th Aug., 1824. Rec. 6th Jan., 1857. 526 Morts., 106. Recites that Thomas Addis Emmet is the owner in fee of ; premises described in the above mortgage. Declares that the above mortgage has been assigned to him Hiite, Junior), in trust for such purposes and uses as the said nmet, his heirs or assigns shall appoint, and to the intent that d mortgage may wait upon and attend the freehold and in- ritance of the said Emmet and his heirs and assigns, in order protect the same from all intervening or mesne conveyances incumbrances, if any such there be. The premises conveyed by the previous deed are represented lots A, B, and C, on the accompanying diagram. DEED. Charles Smyth, to James Cheetham. Dated 12th Nov., 1806. Ack. 1 2th Nov. 1806. Rec. 20th Aug., 1808. 81 Conveyances, 83. Consideration, $ . Conveys said Lot A, by the following description : All that certain divided third part marked A in the map reunto annexed, containing two acres, two roods and twenty- 49 iK • S"^- LANDS or JOSEPH MOTTand ALEXANDER riNK 46iK ST. '^^^^-^^^^<^^^JC^,^.:.^^ 96 THE THOMAS ADDIS EMMET TRACT. six and an half perches, of all that certain tract or parcel of 1 situate, lying and being in the Ninth Ward of the City of J York on the Easterly side of the highway, containing S ac Bounded as follows, to wit : on the North by land now in possession of Andrew Hoi^per ; on the West by Bloom dale Road ; on the East by land formerly belonging to the ( poration of the City of New York, but now in the possessio David Hosack ; and on the South by land now in the posses; of Alexander Fink Junior. DEED. James Cheetham ««^ Rachel, J Dated 8th May, 180 his wife, f Ack. 8th May, 1807. to /^ Rec. i6th May, 180; Thomas Addis Emmet. \ 76 Conveyances, 263 / Consideration, $3,66 Conveys same premises. DEED. Dated 9th July, 1801 Charles Smyth /Ack. 15th May, 180 to >Rec. 1 6th May, 180 Thomas A. Emmet, \ 76 Conveyances, 26 Consideration, $2,(X Conveys said Lot B, by the following description : All that certain divided third part, marked B in the 1 hereunto annexed, containing two acres, two roods and thir and an half perches, of all that certain ti"act or parcel of situate, lying and being in the Ninth Ward of the City of I York, on the Easterly side of the Highway, containing e acres, Bounded as follows, to wit : on the North by land in the possession of Andrew Hopper ; on the West by Blc ingdale Road ; on the East by land formerly belonging to Corporation of the City of New York, but now in the po! THE THOMAS ADDIS EMMET TRACT. 97 1 of David Hosack ; and on the South by land now in the session of Alexander Fink, Junior. [Iharles Smyth was also vested with Lot C, but the deed lim does not appear to be recorded. Lot D also became ted in Charles Smyth by the following deeds : 'or remarks on the title to this piece, prior to Alexander k, see title of William L. Rose, ante page 79. EXANDER Fink, Senior, and \ likRY , his zvife ; ALEXANDER] J^c^c^i^. ^iNK, Junior, and Eliza-/ ;ETH, his zvife, ( D^^ted 25th April, 1 806. > Ack. 30th April, 1806. ^^ 1 Rec. 31st May, 1806. EODORUS Bailey rtw^jAMESl 72 Conveyances, 375. ClIEETHAM. I Consideration, $8,882.80 loNVEYS lots D, E and F by the following description : that certain tract, piece or parcel of land situate, lying being in the Ninth Ward of the said City of New York, Jloomingdale, bounded as follows, to wit: Beginning on the terly side of the Bloomingdale Road, at the northerly corner ind of Charles Smith, running thence along the same South y-one degrees forty-five minutes. East sixteen chains and Mity-seven links, to land of Doctor Hosack ; thence along same North thirty-four degrees forty-five minutes East three ins and three links to land formerly belonging to Jacob t ; thence along the same North fifty- four degrees fifteen Lites West eighteen chains fifteen links to the said Bloom- lale Roads ; thence along the said Road South eighteen de- ;s West five chains and thirty-two links to the place of inning. Containing seven acres and seventeen perches of 98 THE THOMAS ADDIS EMMET TRACT. Theodorus Bailey and Re- becca, his wife ; JameS I Cheetham and Rachel, his wife, to Charles Smyth. DEED. Not recorded. Conveys lot D. by the following description : All that certain lot of land situate, lying and being in the Ninth Ward of the City of New York aforesaid, at Bloomingdale, being parcel of a lot of land lately conveyed tc the said Theodorus Bailey and James Cheetham, by Alexandei Fink and Alexander Fink, Junior, and their respective wives bounded as follows, to wit : Beginning on the Easterly side 01 Bloomingdale Road in a corner of the said James Cheetharn's lot, running thence along the same South seventy-four degrees and fifteen minutes East seventeen Chains and thirty-two links thence North thirty four degrees and forty five minutes Eas one chain and one link ; thence North fifty-four degrees anc fifteen minutes West eighteen chains and fifteen links, to th( Bloomingdale Road aforesaid, and thence along the sam( South eighteen degrees West one chain and seventy-seven link: and a third of a link to the place of beginning, containing two acres one quarter and thirty one perches of land, be th( same more or less. MORTGAGE. To Secure $2,000. Charles Smyth /Dated 22d July, 1808. to > Proved 5th Aug., 1808. Charles Le Roux. \ Reg. 6th Aug., 1808. 19 Mortgages, 367. Covers same premises. THE THOMAS ADDIS EMMET TRACT. 99 Charles Le Roux died, leaving a Will, recorded in New Drk Surrogate's office, in Liber 49 Wills, page 92, by which appointed John Doughty, Charles L. Ogden, Thomas L. yden, and Lynde Catlin his executors. Letters Testamentary ;re granted to the first three named. (See Liber 49 Wills, ge 97-) )HN Doughty, Charles L. Ogden and Thomas L. Og- den, Exeaitors of Charles] Le Roux, to ARY Stewart, Administratrix of Charles Stewart. ASSIGNMENT. Dated 25th Jan., 181 1, Proved 29th Jan., 18 11. Reg. 1st Feb., 181 1. 25 Mortgages, 432. Consideration, $2,000. Assigns above mortgage. ASSIGNMENT. ARY Stewart, Administratrix j Dated i6th Aug., 1824. Ack. 1 8th Aug., 1824. Rec. 6th Jan., 1857. 526 Mortgages, 108. Consideration, $2,000. of Charles Stewart, to Charles White, Jr. Assigns above mortgage. Charles White, Jr. to Thomas Addis Emmet, DECLARATION. Dated 16th Aug., 1824. Ack. 1 8th Aug., 1824 Rec. 6th Jan., 1857. 526 Mortgages, 106. Recites that Thomas Addis Emmet is the owner in fee of I premises described in above mortgage. Declares that the above mortgage has been assigned to n (White Jr.) in trust for such persons and uses as the said 100 THE THOMAS ADDIS EMMET TRACT. Thomas Addis Emmet, his heirs or assigns, shall appoint, anc to the intent that said morts^age may wait upon and attenc the freehold and inheritance of the said Emmet, and his heir and assigns, in order to protect the same from all mesne anc intervening conveyances and encumbrances, if any such theri be. MORTGAGE. Charles Smyth J To secure $286.22. to f Dated 5th Aug., 1808. Matthias Ward and William ( Proved 8th Aug., 1808. Ward. \ Reg. 8th Aug., 1808. / 19 Mortgages, 371. Covers same premises. Charles Smyth being thus seised of large lots C and D divided the same into nine strips, as shown on diagram ant page 95. Title to Strips i and 2, 3, 4 and Part of 5. DEED. Charles Smyth and Ann, his "^^f^, (Dated 23d May, 1810. to [ Not recorded, in posses William James McNeven. \ sion of Richard S Emmet. Conveys strips 3 and 4, extending from the Bloomingdal Road to the Albany Avenue and from land now or late in pos session of Charles Smyth on the North to the same on th South. Containing one acre more or less. THE THOMAS ADDIS EMMET TRACT. DEED. lOI Charles Smyth to William James McNevin. Dated nth Aug., 1808. Ack. 13th Aug., 1808. Rec. 13th Aug., 1808. 81 Conveyances, 43. Consideration, $2,000. Conveys all those two certain lots of land situate, lying and eing in the Ninth Ward of the City of New York, known and istinguished by lots Numbers i and 2 on a certain map made y Charles Loss, City Surveyor, on the fourth day of November a the year of our Lord 1806, and filed in the Clerk's office of le City and County of New York on the 12th day of August, 808, may appear and bounded as follows, to wit ; On the Vest by the Bloomingdale Road, on the North by land belong- ig to the said Charles Smyth, on the East by the Easterly side f the Albany Avenue, "and on the South by land now or late elonging to James Cheetham, containing one acre, be the same lore or less. DEED. William James McNevin to Charles Smyth. Dated 23d May, 18 10. Not recorded, but in possession of Richard S. Emmet. Reconveys said lots i and 2. Theodorus Bailey recovered a judgment against Charles myth in N. Y. Supreme Court on 31st January, 181 1, for 5,000 debt and $15.33 damages and costs. On 2Sth March, Si I, Thomas Addis Emmet recovered a judgment against Jharles Smyth for $30,000 debt and $15.35 damages and costs. V^rits o{ fieri facias were issued under said judgments on i6th lay, 181 2. I02 THE THOMAS ADDIS EMMET TRACT. DEED. Benjamin Ferris, Sheriff, J Dated 23d March, 1813, to r Ack. 27th March, 1813. Thomas Addis Emmet and /"Rec. 27th March, 1813. William James MCNeven. \ 102 Conveyances, 34. / Consideration, $32. Recites said judgments and writs, and sale of the premises, and conveys all the estate, right, title, interest, property, claim and demand whatsoever whereof he, the said Charles Smyth, on the said 31st day of January, and on the said twenty-eighth day ol March, in the year one thousand eight hundred and eleven, or at any time afterwards had or was seised or possessed of, in and to all that certain lot, piece or parcel of land situate, lying and being in the Ninth Ward of the City of New York on the Easterly side of the Bloomingdale Road between the four and five mile stones, butted and bounded as follows, viz : Westerly by the Bloomingdale Road aforesaid, Northerly by land now or late belonging to Jacob Mott, Easterly by land called the Botanic Garden, lately belonging to Doctor Hossack and now to the people of the State of New York, and Southerly by land now or late of William L. Rose, Esquire, containing three and one- quarter acres, be the same more or less. The premises described in the above deed being bounded on the North by land of Jacob Mott, would be represented by lot D, being strips i, 3, 3, 4 and part of 5. The number of acres given, however is three and one-quarter, instead of two and a half. The dimensions given would be nearly sufficient to include strips 6 and 7 and the residue of lot 5, as it was proba- bly intended to do. THE THOMAS ADDlS EMMET TRACT. lO^ DEED. Dated i8— . A^iLLiAM James McNeven, VAck. 5th Feb., 1818. to \Rec. 6th Feb., 18 18. Thomas Addis Emmet. \ 126 Conveyances, 69. Consideration, $300. Conveys all interest in same premises. Title to Strips 8 and 9. DEED. Dated 30th June, 1807. Charles Smyth /Prov. 30th June, 1807. to \ Rec. 1st July, 1807. Thomas Addis Emmet, a 77 Conveyances, 4, Consideration, $2,000. Conveys all those"two certain lots of land situate, lying and ng in the Ninth Ward of the City of New York on the East e of the highway, known and distinguished in a certain map ide by Charles Loss and bearing date the fourth day of ivember, in the year of our Lord one thousand eight hundred i six, by lots Numbers 8 and 9 and bounded as follows, to t : On the North by land now in the possession of Thomas Idis Emmet, Esquire, on the East by land now in the posses- n of David Hosack, on the South by land now in the posses- n of William Adamson, and on the West by Broadway or )omingdale Road, which said lot No. 8 contains two roods, 3 perches and two hundred and seventy-six square links ; and d lot No. 9 also contains two rods, two perches and five hun- :d ninety-eight square links. 104 THE THOMAS ADDIS EMMET TRACT. Thomas Addis Emmet mortgaged all of lots A, B, C and on map ante page 95, though the title to strips 6 and 7 and pa of 5 do not appear to have been vested in him. The title these strips w^ill be further considered post page 112. MORTGAGE. Thomas Addis Emmet rt'z/rt' J To secure $4,500. Jane, his zvife, I Dated i6th Aug. 182^ to } Ack. 1 6th Aug., 1824. Charles Racey. \ Rec. 17th Jan., 1825. J 75 Morts., 320. Covers all that certain lot, piece or parcel of land situat lying and being in the Ninth Ward of the City of New York ( the Easterly side of the Bloomingdale Road between the thr and four mile stones, butted and bounded as follows, viz : C the West by the said Bloomingdale Road and running aloi said road Northerly six chains, eighty-six links and one-third a link ; on the North by land now or late belonging to Andre Hopper and running along said Hopper's land Easterly niii teen chains and forty-five links to land known as the Botan Garden, East by the said Botanic Garden and running Souther along said Botanic Garden four chains and thirty-five link South by land now or late belonging to the Widow Grayso and running along said land Westerly seventeen chains ai thirty-two links to the place of beginning, containing ten acr and thirty-one perches, be the same more or less. Charles Racey died intestate on 2d September, 1826, and k ters of administration were issued by the Surrogate of Ric THE THOMAS ADDIS EMMET TRACT. I05 id County to Eliza Racey, his widow, and after her decease Villiam H. Racey in September, 1850. : is set up in the bill in the following suit that the said Eliza ey having paid and settled with all the children of the said rles Racey as to their share of their father's estate, became tied to the above bond and mortgage as her sole indi- lal property. 'he said Eliza Racey died on 9th December, 1848, leaving a by which she appointed Charles E. Racey and William H. ey her executors. This will was proved in Richmond nty on 34th March, 1S49, ^^^^ letters testamentary were there ited to said executors. 'homas Addis Emmet died intestate on nth November, 7, leaving him surviving Jane Emmet, his widow, who died joth November, 1846, and , Robert Emmet. . Margaret Emmet. . Elizabeth Le Roy, wife of William H. Le Roy. . John P. Emmet. . Jane E. McEvers. . Mary Ann Graves, wife of Edward B. Graves. . Thomas Addis Emmet. . William C. Emmet, his onlv children and heirs at law. ^he said John P. Emmet died intestate on 13th August, 3, leaving him surviving Mary B. Emmet, his widow, and 3mas Addis Emmet, Junior, and Jane Emmet his only heirs aw. io6 THE THOMAS ADDIS EMMET TRACT. Jane Emmet, wza^^w^/ Thomas Addis Emmet, Robert Em- met and RosiNA, his wife ; Margaret Emmet, William H. Le Roy and Elizabeth, his ivife; JOIIN P. Emmet, and Mary B., his ivife; Thomas Addis Emmet, and Anna R., Jiis wife ; Bache I McEvERS and Jane E., his zvife; Edward A. B. Graves and Mary Ann. his wife; William C. Emmet and Laura M., his tvife, to Anthony Lispenard Robert- son. Conveys lots 9 to 125, both inclusive, on map at head of tl abstract, ante page 89. DEED. DEED. Dated 13th June, 1831 Ack. 17th & 20th Jun^ 1839. Rec. 9th July, 1839. 401 Conveyances, 20. Rec. 26 June, 1869. 1 108 Conveyances, 43 Consideration, $5. Anthony Lispenard Robert- V Dated 9th July, 1839. SON, { Ack. 9th July, 1839. to I Rec. 9th July, 1839. Thomas Addis Emmet. \ 401 Conveyances, 25. y Consideration, $5. Conveys lots 28 to 31, and 87 to 91 on said map. DEED. Anthony Lispenard Robert-V Dated 9th July, 1839. SON, f Ack. 9th July, 1839. to ( Rec. 31st Aug., 1839. William C. Emmet. \ 398 Conveyances, 459 / Consideration, $5. ONVEYS lots 47 to 52, 75 to 80 on said map. THE THOMAS ADDIS EMMET TRACT. 107 DEED. ITHONY LiSPENARD ROBERT- J Dated 9th July, 1 839. SON, ( Ack. 9th July, 1839. ^o / Rec. 31st Aug., 1839. Margaret Emmet. \ 398 Conveyances, 461. / Consideration, $5. !oNVEYS lots 58 to 63, 68 and 69. DEED. THONY LiSPENARD ROBERT- J — SON, / Dated 9th July, 1839. io [ Ack. 9th July, 1839. ( Rec. 31st Aug., 1839. RY Anne Graves, zvi/r o/i 398 Conveyances, 462. EDWARD A. B. Graves. \ Consideration, $5. loNVEYS lots 41 to 46, 81 to 86 on said map. THONY LiSPENARD ROBERT- DEED. SON, / Dated 9th July, 1839. /^ I Ack. 9th July, 1839. ( Rec. 31st Aug., 1839. LIZABETH Le Roy, zvi/e of \ 3^5 Conveyances, 464. William H. Le Roy. ) Consideration, $5. JoNVKYS lots 19 to 27, 92 to 116, and 125 on said map. io8 THE THOMAS ADDIS EMMET TRACT. DEED. Anthony Lispenard Robert- son, to Jane E. McEvers, wife of Bache McEvers. Dated 9th July, i83< Ack, 9th July, 1839. Rec. 31st Aug., i83(: 398 Conveyances, 46 Consideration, $5. Conveys lots 117 to 124, 15 to 18 on said map. DEED. Anthony Lispenard Robert- i Dated 9th July, 183 SON, { Ack. 9th July, 1839, to ) Rec. 8th Oct., 1839. Robert Emmet. \ 400 Conveyances, 4; Consideration, $5. Conveys lots 32 to 40 on said map. DEED. Anthony Lispenard Robert- i Dated 9th July, 183 SON, \ Ack. 9th July, 1839 to / Rec. 8th Oct., 1839. John P. Emmet. \ 400 Conveyances, 4 ) Consideration, $5. Conveys lots 9 to 14, 64 to 67, 53 to 57, 70 to 74 on map. DEED. Dated 4th Nov., 18. Ack. 6th Nov., 184^1 Rec. 22d Nov., 184^ 452 Conveyances, 4 Consideration, $13, William H. Le Roy and Elizabeth, his wife, to Thomas Addis Emmet. Conveys lots 19 to 27, 92 to 116 and 125. THE THOMAS ADDIS EMMET TRACT. 109 3n 2d February, 1843, Thomas Addis Emmet recovered a gment against William H. Le Roy in the Court of Common ;as. DEED. \ Monmouth B. Hart, late j Dated 8th Jan., 1845. Sheriff, ( Prov. 12th Feb., 1845. to / Rec. 17th Feb., 1845. Thomas Addis Emmet. \ 457 Conveyances, 210. / Consideration, $9. !];oNVEYS all interest which William H. Le Roy had on 2d jruary, 1842, in lots described in previous deed. RELEASE. iza Racey, widow and Ad- listrator of CHARLES Racey, to Thomas Addis Emmet. 'Dated 31st Jan., 1846. Ack. 2 1st Mar., 1846. Rec. 2 1st Mar., 1846. 1 477 Conveyances, 49. Consideration, $i. Releases from the lien of the previous mortgage lots 23 to 27, to 100, 102 to 116, 125, on the map show^ing the division of the estate of Thomas Addis Emmet, deceased, which lots en together form a triangle bounded as follows: Beginning I corner formed by the intersection of the Northerly line of ty-eighth Street with the Easterly side of Seventh Avenue ; ning thence Northerly along the Easterly side of Seventh snue one hundred and twenty-one feet four inches ; thence a diagonal line across said block in a Southeast direction ety-two ( }') feet nine inches to a point on the Northerly side ''orty-eighth Street distant thirteen feet seven inches from the 'theast corner of Sixth Avenue and Forty-eighth Street ; ice Westerly along the Northerly side of Forty-eiglith Street ■esaid nine hundred and fifteen feet to the place of beginning. no THE THOMAS ADDIS EMMET TRACT N. Y. SUPREME COURT. 1 William H. Racey, Adminis- trator of the Goods, Chattels and Credits yet Unadministered of Charles Racey, deceased, and Charles E. Racey and the said WiLLiAM H. Racey, Executors of the Last Will and Testament of Eliza Racey, deceased, vs. Robert Emmet, Margaret Emmet, William H. Le Roy and Elizabeth, his ivife; Jane E. McEvers, Thomas Addis Emmet rt:«^ Anna R., his ivife ; William C. Emmet and Laura M., his wife; Mary B. Emmet, Jane Em- met «;z<^ Thomas Addis Em- met, Junior; Edward B. Graves and Mary Ann, his wife; Grace P. Hubley«;/<^ Thomas F. Potter. J 1852 — March 12. Complaint filed to foreclose. 75 Morts., pag 320. Aug. 31. Richard S. Emmet appointed guardian a< lite7n for Jane Emmet, an infant over I- years, on her petition. Oct. 7. Answer of said infant filed. All the other defendants appear l^y Richar( S. Emmet. Oct. 16. Order of reference to Philo T. Ruggles. THE THOMAS ADDIS EMMET TRACT. Ill 52 — Oct. 30. Master's report filed. Oct. 30 Judgment of foreclosure and sale entered on due notice to defendants' attorney. 56 — Sept. 10. Report of sale filed. rhe judgment excepts from the premises directed to be sold 11 that part of said premises lying and being to the North of Southerly line of Forty-eighth Street, between the Fifth and venih Avenues." rhe Master reports sale of lots 29 to 33, 72 to 76, to James lackenbush, lot 25 to Joseph S. Hanson, lot 14 to Abraham :ad and Daniel Knight, lots i to 6, I2, 13, 15 to 20, to ward J. King and Sylvester Brush ; lots 86 to 89 to James gan, lots 40 and 41 to Gilbert J. Bogart, 77, 79> 80 to Thomas Ferris, 81 to 8410 Theodore Pugsley, Jr., lots 90 and 91 to fus S, King, lots 42 to 45 to E. K. Adams, lots 85 and 92 to in G. Flammer, lot 22 to William Lalor, lots 53 and 7S to in D. Phillips and Samuel Cohen, lots 62 to 65 to Aaron ;obs, lots 46 and 47 to Oliver Charlock, lot 11 to Cornelius 1 Alexander C. Foillon, lots 54 to 61 to William C. Wetmore 1 Richard H. Bow^ne, lots 23 and 24 to Jonathan Odell, and 5 27 and 28 to Alexander Stewart. /Ve will now go back and consider tiie title to strips 6, 7 and t of 5, which were not vested in Thomas Addis Emmet at the le of making the mortgage foreclosed in the above action. Title to Slips 6 and 7 and Part of 5. DEED. Charles Smyth to \ Dated 2 1 St April, 1807. William Adamson. \ Not recorded, but see following mortgage. IIoNVEYS all that certain lot of land situate, lying and being the Ninth Ward of the City of New York, and bounded as 112 THE THOMAS ADDIS EMMET TRACT. follows, to wit : on the North by land now in the possession Thomas Addis Emmet, esquire ; on the West by Bloomingda Road, or Broadway ; on the South by land now in the posst sion of the said Charles Smith ; and on the East by the Albai Avenue, as the same is described in a map now in the possf sion of the said Charles Smith, containing one acre, two rood five perches and one hundred and eighty square links. MORTGAGE. William Adamson to Charles Smith. To Secure $2,000. Dated 2 1st April, 180; Proved 25th June, i8c Reg. 26th Sept., 1807 16 Mortgages, 446. Covers same premises. Charles Smith to Mary Robson. ASSIGNMENT. Dated 26th Sept., 180; Ack. 26th Sept.,' 1807. Reg. 26th Sept., 1807 16 Morts., 447. Cons., $2,058.35. Assigns atjove mortgage. Mary Robson to William Bakewell and Ben-j JAMIN R. Robson. ASSIGNMENT. Dated 6th Nov., 1812 Not recorded, but i cited in next deed. Assigns said mortgage. THE THOMAS ADDIS EMMET TRACT. II3 DEED. ILLIAM Bakewell and Ben- jamin R. ROBSON fDated ist Feb., 1S15. to >Ack. 15th June, 1815. ILLIAM Bakewell and Ben-1 Rec. 22 June, 181 5. jamin R. Robson, 1 109 Conveyances, 323. Consideration, $1,100. R.ECITES above mortgage, its assignments, and that premises 1 been advertised for sale pursuant to the statute. Conveys same premises. \ Dated 14th Feb., 1849. Last Will and Testament /Proved 8th Sept., 1849, of \ in Kings Co. Surro" William Bakewell. \ gate's office, in Liber / 1 1 Wills, 397. ^ order and direct my executors hereinafter named (or such may qualify) to sell and dispose of all my real estate in the y and County of New York, or wheresoever the same may as soon after my decease as they may deem advantageous, 1 for that purpose I authorize and empower them to execute 1 deliver deed or deeds or other instruments in writing, as the J may require, so as to vest the title thereof in the purchaser purchasers, and upon the sale thereof, after paying the en- nbrances on said property, then the proceeds thereof, with h proceeds as may remain of my personal estate, I give, de- e and bequeath one third part thereof to my daughter Mary uisa, the wife of Joseph W. Barker ; I also give, devise and [ueath the one other third part thereof to my daughter Eliza n, the wife of John V. Cole ; I also give, devise and bequeath other third part thereof to my daughter Emily Augusta kewell * * * * Lastly, I nominate, constitute and ap- nt Joseph W. Barker and John V. Cole, my sons-in-law, ex- ■cutors of this my last Will and Testament, -.etters testamentary were granted to both executors, on 13th Dtember, 1849. (See Liber 2 Letters Testamentary, page '.) 114 THE THOMAS ADDIS EMMET TRACT. As the title to strips 6 and 7 and part of 5 were not vested Thomas Addis Emmet, at the time of making the mortga foreclosed in suit of Racey vs. Emmet, ante page no, in ore to give a good title to the purchasers, Benjamin R Robson a the Executors of William Bakewell released and quitclaimed each of the heirs of Thomas Addis Emmet the portion oft mortgaged premises vested in such heir at the time of the fo closure, and such heir released in turn to the purchaser at t said foreclosure sale. The following is a list of the conveyances to each heir said Robson and Bakewell's executors : Deeds by Executors of William Bakewell. 627 Conv's, 509, to W. C. Emmet, lots 47 to 52 and 75 to 80 511, to Robert Emmet, lots 32 and 40. 513, to Thomas Addis Emmet, lots 28 to 31, 87 91, 19 to 22. 516, to Thomas Addis Emmet, and Jane Emm lots 53 to 57, and 70 to 74. 518, to Margaret Emmet, lots 58 to 63, 68 and 6 520, to Jane E. McEvers, lots 15 to 18. 522, to Mary Ann Graves, lots 41 to 46, and to 86. Deeds by Benjamin R. Robson and Wife. 627 Conv's, 524, to William C. Emmet, lots 47 to 52, 75 to 525, to Robert Emmet, lots 32 to 40. 527, to Thomas Addis Emmet, lots 28 to 31, 87 91, 19 to 22. 528, to Thos. A. Emmet and Jane Emmet, lots to 57, 70 to 74. 529, to Jane McEvers, lots 15 to 18. 531, to Mary Ann Graves, lots 41 to 46, 81 to 8 532, to Margaret Emmet, lots 58 to 63, 6S and ^^, Wo. ^«^. L QAM HE ASTOR AND CUTTING TRACT. HE tract ill question is included in the following patent. Sir Richard Nicolls, 1 PATENT. Governor, etc., to \ Dated 3d Sept. 1667. Rec. in Sec'y of State's Office at Albany in 2 Patents 97. )MAS Hall, John Vigne, GBERT WOUTERS and JACOB EANDERTS. Whereas there is a certain parcell of land lying and being 11 this Island Manhattans to ye North of ye Great Creeke or stretching alongst ye North River five hundred rods and ling in depth into ye Island three hundred rods a line being vn Northeast, it contains in all about five hundred acres or hundred and fifty morgen." ONVEYs said premises to the patentees. HE above patent appears to have been revoked and the fol- ing one given in its place. ii6 THE ASTOR AND CUTTING TRACT. Sir Ricard Nicolls, Governor etc., to Johannes Van Brugh, Thom- as Hall, John Vigne, Eg- bert WouTERS and Jacob Leanderts. PATENT. Dated 3d Oct. 1667, Rec. in Secretary State's Office at bany. 2 Patents, in. " Whereas there is a certain tract or parcel of land 11 this Island Manhattans lying and being to ye North of ye G Creeke or Kill, stretching in length from ye said Creeke or alongst ye river commonly called and known by ye nam Hudson's or ye North River eight hundred rods, and from said river stretching in depth or breadth tw^o hundred and rods." Conveys said premises to the patentees. Jacob Cornelisse to WoLFERT Webbers. DEED. Not recorded, but cited in the follov deed. Conveys same premises. Wolfert Webbers died seised of this tract, and his \ conveyed as follows : GENERAL EARLY TITLE. 117 v[OUT Webbers and Sarah 's ivife; JACOB WEBBERS id Margaret, his wife ; REDERiCK Webbers and ENA, his wife ; CORNELIUS Webbers «« Proved igtliDec, 179 Medcef Eden. \42 Wills, 516. After devising certain real property to his son Joseph, testal provides as follows : I give, devise and bequeath to my son M( cef, all and singular my farm and tract of land atBloomingda on the North side of the road leading from Bloomingdale, frc the said road extending to the North River, together vvith the rights, profits, hereditaments and appurtenances thereui belonging, and all the houses, outhouses, stables, barns a other buildings and improvements thereon erected and bu * * * to have and to hold, receive, take and enjoy all a singular the hereinbefore mentioned and intended to be here given and devised and bequeathed premises, and every part a GENERAL EARLY TITLE. II9 -eel thereof, unto the sole and only proper use, benefit, and loof of my said son Medcef, his heirs and assigns, from the le of my decease, as and for his own proper estate forever. .tern : It is my Will, and I do so order and appoint, that if ler of my said sons should depart this life without lawful le, his share or part shall go to the survivor, and in case of ;h their deaths without lawful issue, then I give all the prop- y aforesaid to my brother John Eden, of Loftus, in Cleveland Yorkshire, and my sister Hannah Johnson, of Whitby, in irkshire, and their heirs. Item : all the rest, residue and re- inder of my estate, as well real as personal, not hereinbefore posed of, my debts and funeral expenses being first paid and charged, I give unto my two sons Joseph and Medcef equally be divided between them, share and share alike. [oseph Eden died without issue, on 20th August, 18 13. Med- Eden, the younger, died without issue on 26th July, 1819. was held in case of Lion vs. Burtis, 20 Johnson, 483, and in se of Wilkes vs. Lion, 2 Cowen, 333, that the remainder to in Eden and Hannah Johnson was void. On the 19th day of August, 1800, Brockholst Livingston re- k'ered a judgment in the Supreme Court against Joseph Eden d Medcef Eden for $14,014. On the 29th day of August, iSoo, Simeon Gilbert recovered judgment in said Supreme Court against the same parties for 1,014. On the 4th day of September, 1800, Henry Masterton recov- id a judgment in the said Supreme Court against the said rties for $10,014.37. On the 2d day of September, 1800, John Jones recovered a Jgment in said Supreme Court against the same parties for ,014, and another for $11,016.06 on 8th September, iSoo. Writs of fieri facias were issued under these judgments, and I20 THE ASTOR AND CUTTING TRACT. the premises described in the following deed were sold by vir thereof to Tunis Wortman. In the case of Waldron and oth vs. Gianini, reported in 6 Hill, 6oi, where the question was rai as to the extent of the interest conveyed by the said deed it v held that Medcef Eden, Junior, had a base or determinable in the premises thereby conveyed, subject to be determined his death without issue during the lifetime of Joseph Eden, i that upon the death of Joseph before him, his interest becam fee simple, and the title conveyed to Wortman became in feasible. DEED. Dated 23d April, 180 James Morris, Sheriff, etc., I Proved 23d Nov., 180 to \ Rec. 17th Feb., 1804. Tunis Wortman. \66 Conveyances, 271, Consideration, $39,00 Recites the above Judgments and writs. Conveys all the estate, right, title,interest, property claim a demand, in law and in equity, wliich he the said Medcef Ed had or now hath, of, in and to all that certain messuages dwelling houses and farm, tract, piece or parcel of land, si ate, lying and being at Bloomingdale, in the Seventh Ward the said City of New York, bounded Easterly in front by t Bloomingdale Road, Westerly in the rear by the North or Hi son's River, Southerly on the one side by the land of John Norton, and northerly on the other side by land of Loi Simond, Charles Kelly and John Hopper, as the same is nc in the tenure and occupation of the said Medcef Eden. Cc taining seventy acres, be the same more or less. GENERAL EARLY TITLE. 121 DEED. )SEPH Eden and Medcef \ Dated 3d March, 1802. Eden \ Proved 22d Nov., 1803. to ) Rec. 1 8th Feb., 1804. Tunis Wortman. \ 66 Conveyances, 276. Consideration, $1. ELEASES all interest in said premises. MORTGAGE. [IS Wortman and Mar-I To Secure $5,000. CARET, /lis tvife, f Dated 25th April, i8or. to ) Ack. 25th April. 1801. ROCKHOLST LIVINGSTON. \ Reg. 29th April, 180I. _/ II Morts., 24. )VERS same premises. MORTGAGE. fis Wortman and Mar- i To Secure $32,084.80. GARET, his ivife, { Dated 25th April, 1801. fo } Ack. 25th April, 1801. Benjamin F. Haskin. \ Reg. 8th May, 1801. J 1 1 Mortgages, 47, >VERS same premises. Benjamin F. Haskin ASSIGNMENT. to [ Dated 26th June, 1801. haniel Pendleton, andl Recited in the following William Cutting. \ suit. 5SIGNS above mortgage in trust to receive the monies se- J to be paid thereby, and to pay one third thereof to John b Aster, and two thirds thereof to Benjamin F. Haskin. le said Benjamin F. Haskin, being indebted to the United 122 THE ASTOR AND CUTTING TRACT. States in the sum of $6,997.05, on 7th February, 1802, requin the said Pendleton and Cutting to pay to Edward Livingstc for the use of the United States, the said sum, which tlieyagre( to do out of the moneys which might come to their liands fro said bond and mortgage. Henry Fisher having recovered a judgment against the sa Benjamin F. Haskin, for $7,000 and upwards, the said Haski on ist April, 1802, assigned $4,157 of the said mortgage Fisher, and required the said Pendleton and Cutting to pay hi thereout, which they agreed to do. Benjamin F. Haskin also assigned to Robert W. Cosboroug $7,000 of his said bond and mortgage, and afterwards assigni to Samuel C. Handy the residue of his interest in said bond ai mortgage. IN CHANCERY, Before the Chancellor. Nathaniel Pendleton, Wil- liam Cutting, Edward Liv- ingston, John Jacob Astor and Henry Fisher agst. Tunis Wortman, Benjamin F.I Haskin, Samuel C. Handy, Robert W. Cosborough anel Brockholst Livingston. 1802 — Aug. 23. Bill filed to foreclose above mortgage, to B( jamin F. Haskin. 1S03 — June 4. Answer of Tunis Wortman filed. June 4. Answer of Brockholst Livingston filed. 123 Tg w -.=_- ^- i ^03. 03- — ",000. por- other lexed r, and •f the to the •Tg. n ■ 1 T >r TS J, ly, TRUDE, /«> W2/>, ( 1803. ^^ TRec. 5th June, 1804. John Jacob Astor. \6y Conveyances, 20 /Consideration, $1. >3. July, ONVEYS all interest, etc., of, in and to all those two certain pieces or parcels of land situate, lying and being at Bloom- 122 State; the s: for th to do said I He Benja on IS Fishe, therec Ber $7,oo< to Sai mortg Nati INC atti TUNI Ro Br. . ) 1 H f \ YZ\ MAPorTHE Portion OFTHE ASTORa^o CUTTING TRACT VESTED /-'-"/1 Cf/ou.ci "1 i8o2 — Aug. 23. Bill filed to foreclose above mortgage, to Be jamin F. Haskin. 1S03 — June 4. Answer of Tunis Wortman filed. June 4. Answer of Brockholst Livingston filed. THE JOHN JACOB ASTOR PIECE. 1 23 ,2 — June 4. Order of reference to master to compute. June 4. Report filed. June 4. Decree of foreclosure and sale. ORGE I. Backer, Master-in- DEED. Chancery, f Dated 13th June, 1803. to >Ack. 1 8th June, 1803. IN Jacob Astor and Wil-1 Rec. i Aug., 1803. LIAM Cutting. ^ 64 Conveyances, 440. Consideration, $25,000. /ONVEYS all said mortgaged premises. Villiam Cutting released to John Jacob Astor a large por- i of the tract thus vested in them, and they conveyed the other to various purchasers,* as hereinafter shown. The annexed p shows the portions thereof vested in John Jacob Astor, and names of the persons in whom the other portions of the ;t were finally vested. We will first consider the title to the vested in John Jacob Astor. The John Jacob Astor Piece. ?his comprises lots i. 3, 3, 4, 10, 11, 13, 14, 15, 16, 17, 19, 20, 21, 25, 26, 37 and 34, on map, ante page 115. DEED. \ Dated 1st July, 1803. lliam Cutting and Ger- JAck. 2d and 14th July, TRUDE, his wife, f 1803. to /^Rec. 5th June, 1804. John Jacob Astor. y>1 Conveyances, 20. /Consideration, $1. 'ONVEYS all interest, etc., of, in and to all those two certain i pieces or parcels of land situate, lying and being at Bloom- dl*t ^T Q , ^1W. IT >J Xirii€i\*f T1 ^ .../ ^o ST, 45tK . 44re or less. The said lot number Four is bounded Easterly lot number three. Westerly by lot number five, Northerly by I road last mentioned, and Southerly by lands of the said bn L. Norton, and contains in front and rear one hundred !t, and in length on the Westerly side five hundred and twen- feet, and on the Easterly side five hundred and thirty feet, be I same more or less, as by the said map filed or to be filed in ; Office of the Clerk of the City and County of New York, 126 THE ASTOR AND CUTTING TRACT. reference being thereto had, will appear. And also the rig and use of the ^road last mentioned, and a landing on the sa river at the extremity of the said road last mentioned. DEED. Daniel Paris and Catharine R., Ills luife, to John Jacob Astor. Dated 2ist Oct., 1826. Ack. 2 1 St Oct., 1826. Rec. 25th Oct., 1826. 209 Conveyances, 367, Consideration, $3,000. Conveys same premises as preceding deed. John Eden, late of Loft House, ' Cleveland, Yorkshire, England, j biit 7101V of New York, and\ DEED. ]K^'e., his wife; Jacob NOBLE,f Dated nth July, 1826 of London, and Ann, his %vife,\ Proved nth July, 182 by Henry C. De Rham, tlieir Attorney, to John Jacob Astor. Rec. 13th July, 1826. 207 Conveyances, 247 Consideration, $9,000. Recites deed from Master to Cutting and Astor, and th Astor had sold w^ith Warranty, portions of the premises so co veyed to him, and that John Eden, as a devisee under Will Medcef Eden, and as heir-at-law of Medcef Eden and of Ha nah Johnson, a devisee under said will, and the said Jao Knobel and Ann, his wife, in right of the said Ann, as the 1 maining heir-at-law of the said Medcef Eden and Hannah Joh son, claim some interest in said lands, and have instituted su of ejectment for the recovery thereof, and that Astor had agre to compromise said claims as to such parts of his premises he now holds or has sold to any person or persons. THE JOHN JACOB ASTOR PIECE. 12/ LEASES all and singular the farm of ground and premises ; particularly described, including as well such parts there- are now held and claimed by the said John Jacob Astor, such lots, pieces or parcels thereof as have been, at any heretofore, sold or conveyed by the said John Jacob Astor and every person or persons whosoever, excepting, nev- ess, the portion owned by Jonathan Ogden. e above deed was executed by Jacob Knoble and Ann, his by Henry C. De Rham, their attorney, by virtue of a r of attorney recorded in Liber i Powers of Attorney, 430. e decisions referred to, ante page 119, would seem to dis- of the claims of John Eden and Ann Noble, independently above release. n Jacob Astor made an agreement with John L. Norton Nner of the tract adjoining on the South, straightening the laries of their respective tracts so that the same should run lei with, or at riglit angles to, the present streets and les. The old and the new boundaries are both shown on , ante pages 115 and 123. This change of boundary was ;d by deed recorded in Liber 245 Conveyances, page 108, 1 is set forth in full in abstract of the John L. Norton ante pages 36 to 40. DEED. Dated 22d Feb., 1842. IVoved 24th Feb., 1 842. Rec. 24th Feb., 1842. 423 Conveyances, 342. Consideration, $1. 4VEYS to parties of the second all and singular the lands ?ing to the said party of the first part contained within 128 THE ASTOR AND CUTTING TRACT. the following described boundaries, viz. : Southerly by F( second Street, Easterly by the Bloomingdale Road, North by Fifty-first Street, and Westei ly by the Hudson River ; same are delineated and laid down on a map thereof now ir possession of the said party of the first part, as by refen thereunto being had will more particularly and at large apf Habendum to John two-fourths and to William and Henry fourth each. Subject, however, to the power hereby granted and given to their father, the party of the third part, that he ma any time during his life, if he shall consider either of his i unworthy the enjoyment of the lands now conveyed, to cor the share or shares of such son or sons to the others or oth( them by deed of appointment or conveyance under his hand seal. John Jacob Astor, William Astor and Henry Astor, by ag ment dated 2ist January, 1867, appointed Ezra P. Da\ Thomas M. Beare and Richard I. Thorne commissioner make partition of said premises, whose report was made 8th, 1867. John Jacob AstorJunior, and \ PARTITION DEI Charlotte Augusta, i his tvife, /Dated 31st Oct., 186 of \stpart\ Ack. 28th Jan., i86j William Astor ^w^ Caroline \ ^^ Y€b., 1868. M., his wife, / Rec. 4th Feb., 1868. of 2d part \ 1026 Conveyances, 5 Henry Astor, ) Consideration, $1. of '^d part. Divides the property vested in them by the preceding di according to the map, ante page 123. THE JOHN JACOB ASTOR PIECE. 1 29 -— \ DEED. Henry Astor ) to (Dated 15th Feb., 1869. IN Jacob Astor, William/ Ack. 15th Feb., 1869. AsTOR and Charles F. V Rec. 15th Feb., 1869. SOUTHMAYD. ] 1074 Conveyances, 559. ^^___ /Consideration, $1. !oNVEYs all the premises set apart to Henry Astor by the ;eding deed. 1 trust to receive rents and profits and apply the same to use [enry Astor during his natural life, and upon his death to con- the whole capital of the trust estate to his issue, if he leave e, in such proportions as he may designate by his will, and efault of such appointment, or as far as the same may not ;nd, to them equally per stirpes and not per capita. If he e a widow she is to be entitled to dower therein, the same rhe had died seised thereof, and if he leaves no issue, then onvey the capital of the trust estate, subject to his widow's it to receive one-third of rents and profits during her sur- )rship, to his brothers and sisters (other than John Jacob or) who shall survive him, and to the issue of such of them hall be then deceased, such issue to take the parent's share. Dne of his said brothers or sisters and none of their issue sur- him, then to convey to his right heirs in fee simple. Grants to trustees or any two of them power to sell, to lease, to cov- nt for renewals thereof, to make covenants against nuisance as to buildings, to exchange the property, to mortgage, to ;hase lands under water adjoining said premises ; to invest proceeds of any sale in real estate, or such securities as they n best. These powers can be exercised by any two of the inal trustees, but in case of substituted trustees the power to exchange or mortgage cannot be exercised without the sent in writing under seal of said Henry Astor. Any trus- tnay at any time resign his trust, and in case of such vacancy I30 THE ASTOR AND CUTTING TRACT. the same shall be filled so as to keep up the number to t In case of a vacancy occurring by resignation of a trustee new trustee shall be appointed by the retiring trustee and remaining trustees by an instrument recorded in New ' Register's office, but in case of a vacancy from any other c; the new trustee shall be appointed by the surviving or con ing trustees in like manner. John Jacob Astor, by instrument dated 9th May, 1872 recorded in Liber 1221 Conveyance, 312, resigned his positi' trustee. Franklin H. Delano was appointed trustee in his] by instrument dated 9th May, 1872, and recorded in said ( in Liber 1221 Conveyance, page 311. William Astor by instrument dated 29th May, 1873, recorded in said office in Liber 1221 Conveyance, page resigned his position as trustee. James F. Chamberlain appointed trustee in his place by instrument recorded in office in 1221 Conveyance, page 310. William B. Astor \ DEED. to I John Jacob Astor, William/ Dated 30th April, 1 Astor, Henry Astor and[Ack. 5th & 7th 1 John Jacob Astor, Wil-/ 1869. LiAM Astor and CharlesI Rec. 13th May, iS( F. SOU'^HMAYD, Trustees o/\ 1099 Conveyances, Henry Astor. ) Consideration, $1. Recites above deed from John Jacob Astor and the p< of appointment thereby granted to William B. Astor, and preceding deed of trust, and that all occasions for the pes exercise of this power has long since passed, and that - -' , \a>»v>' 131 TS xflS-^ ?uish- ^s:--. ower, ipt to Astor ished daim '3- 14th 2. is- land Vard the reby a of liam nber j the ! inds :erly ired aoLciiy &1UC 111 leiigtnnve nunarea' and twenty feet, in length on the Westerly side five hundred and two feet, X'il Lliv; ±JC i3< the In ne^ rer Re the ing J rec tru by rec res api offi ;X<. lj\\r. ''^ • s^v^^ Jo i J 1 ] ] c fllHTGl of preceding deea ot trust, and tnat an occasions lor mc pu» exercise of this power has long since passed, and that THE FRANCIS FEITNER PIECE. I3I 3t and convenience of the parties requires its extinguish- eases, surrenders, yields up and extinguishes said power, grees that he will not hereafter exercise it or attempt to se it. John Jacob Astor, William Astor and Henry Astor Tee with each other that said power shall be extinguished le lands released therefrom, and they will never claim rough any attempted exercise of it. The Francis Feitner Piece. J comprises lots 5 and 6 on said map. DEED. Jacob Astor and Sarah JDated ist July, 1803. wife ; William Cutting rAck. ist, 2d and 14th Gertrude, Ids wife, \ July, 1803. to I Rec. 3d Dec, 1808. William Bethel. 181 Conveyances, 452. /Consideration, $1,465, VEYS all those certain lots, pieces or parcels of land , lying and being at Bloomingdale in the Seventh Ward said City, and are part of a certain farm formerly the ty of Medcef Eden, deceased, which said lots hereby \ are distinguished in a certain map of the division of d farm made by the said John Jacob Astor and William J by lot No. Five and Number Six, the said lot Number •eing bounded Northerly by the road leading from the ingdale main'road to Hudson River, Southerly by lands 1 L. Norton, Easterly by lot Number Four, and Westerly S^umber Six, and contains in front and rear one hundred 1 the Easterly side in length five hundred and twenty feet, length on the Westerly side five hundred and two feet, /^/,.^/^.» ./'^^/- ... ^«■.<^~'io-l •<'^^-■''''^^ 48 iK ST. rCITNERULRICHsfPOST LOTS 132 THE ASTOR AND CUTTING TRACT. be the same more or less. The said lot Number Six, beir bounded Northerly by the road last mentioned, Southerly t lands of the said John L. Norton, Easterly by lot Number Fiv and Westerly by lot Number Seven, and contains in front ar rear one hundred feet, and in length on the Easterly side fi) hundred and two feet, and in length on the Western side fii hundred feet, be the same more or less. DEED. Dated 3d Feb., 1825. William Bethel ^Ack. 3dFeb., 1825. to \Rec. 1st April, 1825. Francis Feitner. \i88 Conveyances, 565 Consideration, $1,465. Conveys same premises. Last Will and Testament /Dated 2d July, 1832. to >Prov. 6th Feb., 1833. Francis Feitner. 169 Wills, 602. " I give and bequeath unto all my sons and daughters, exce my son Francis and my daughter Eliza, all my real and p< sonal estate, to have share and share alike, alike except t shares, wich will be herein after menchioned, first my so Charles, Peeter, George and Daniel, and my daughters Han and Catheren Ann, to have six shares out of eight, and t other too shares I give and bequeath unt the sons and daughte of my son Frances and my daughter Eliza's sons and daughte and my son Frances to be the Atjant and Gardeen of one sha for his sons and daughters duering his naturreal life, subject the controle of the Perogate,and if his children should not ari too the years of matureaty then, then that one share or one eigb of my real and personal estate to fall back to my sons' a daughters' children, share and share alike. But my daughl THE FRANCIS FEITNER PIECE. 1 33 ;iiza to have the income of her share dureing her natureal life, nd then to her children, share and share alike. But no part of lis so to take place until the death of my beloved wife Catheran, he to have all my reall and personal estate during her natural fe." Francis Feitner died on 4th January, 1833, leaving him sur- iving his vv^idow, Catherine Feitner, who died on 19th October, 834, and the following children : 1. Charles Feitner, 2. Peter Feitner, 3. Elizabeth, wife of Balaam Ackerman. 4. Francis Feitner, Junior, 5. George Feitner, 6. Hannah, afterwards wife of John Cornish, 7. Daniel Feitner, 8. Catherine Ann Feitner. Francis Feitner Junior, had, at commencement of the follow ig suit, one child, John Francis Feitner, then about three years Id. Elizabeth Ackerman had then two children, Francis Voodruff and Catherine Ann Woodruff. The grandchildren of testator living at commencement of the allowing suit were John Francis Feitner, son of Francis Feit- er, Junior ; Francis Woodruff' and Catharine Ann Woodruff', hildren of Elizabeth Ackerman ; Charles Edward Feitner and ohn Wesley Feitner, children of Charles Feitner ; John F. 'eitner, child of Peter Feitner ; and Ann Maria Cornish, child f Hannah Cornish. Hannah Feitner, one of said children, having been a witness 3 said will, the devise to her was void, and the following re- Jase was given to confirm her one eighth interest, which was be share of the estate to which she would have been entitled if o will had been made. 134 THE ASTOR AND CUTTING TRACT. Charles Feitner and Ann Eliza, his ivife ; Peter Feit- ner and Maria, Jiis wife, and\ George Feitner, to Hannah Cornish. DEED. Dated 29th Jan., 1835, Not recorded, but K cited in bill in. tj followino; suit. Releases and conveys one eighth of the estate real and p( sonal of Francis Feitner, deceased. IN CHANCERY. Before the Vice-Chancellor . Charles Feitner and Ann Eliza, Ids zvife ; Peter Feit- ner and Maria, his wife, vs. John Cornish and Hannah, his wife ; George Feitner and Elsey, Jiis wife ; Balaam Ackerman and Elizabeth, his zvife ; DANIEL Feitner, Catharine Ann Feitner, John Francis Feitner, _ Francis Feitner, Junior, Guardian of the said JOHN Francis Feitner; Francis Woodruff, Catharine Ann Woodruff, Charles Ed- ward Feitner, John Wes- ley Feitner, John F. Feit- ner, Ann Maria Cornish, The New York Life Insu- rance AND Trust Company and Eliza Feitner. 1835 — Dec. 26. Bill for partition filed. THE FRANCIS FEITNER PIECE. I35 April 4. Order pro confesso vs. George Feitner and Elsey, his wife, Francis Feitner, Junior, and Elizabeth Ackerman, on default of ap- pearance. April 4. Order pro confesso vs. The New York Life Insurance and Trust Company, on default of answer. March 16. Order appointingJamesR. Whiting guardian ad litem of Daniel Feitner, Catharine Ann Feitner, Francis Woodruff and Catharine Ann Woodruff, infants over fourteen years of age, on their own petition ; and also guardian ad litem of John Francis Feitner, Charles Edward Feitner, John Wesley Feitner, John F. Feitner, and Ann Maria Cornish, infants under the age of fourteen years, on the petitions of their respective fathers. June 16. Answers of said infants filed. Oct. 19. Order fro confesso vs. Balaam Ackerman and Elizabeth, his wife, and John Cornish and Hannah, his wife, who had appeared by John L. Riker, on default of answer. Oct. 24. Order of Reference on title, etc. —April 8. Order directing that Eliza Feitner (a daugh- ter which had been born to Francis Feit- ner Junior, since the commencement of this action), be made a party defendant, and that James R. Whiting be appointed her guardian ad litem. May 19. Report on title filed. May 29. Decree of partition entered ; Isaac Adriance, Andrew McGown and Isaac L. Varian ap- pointed Commissioners of partition. 136 THE ASTOR AND CUTTING TRACT. 1838 — March 5. Report of Commissioners filed. March 5. Final decree of confirmation entered. May 19. Decree enrolled. The Henry Ulrich Piece. This is Lot No. 7 on said map. DEED. John Jacob Astor and Sarah, 1 Dated ist July, 180; histvife; William Cutting/ Ack. 5th Aug. & . «« w?/(?, \ Sept., 1803. to I Rec. 6th Aug., 182L William Dodge. ^ 155 Conveyances, 2; __/ Consideration, $780, Conveys all that certain lot, piece or parcel of land sit lying and being at Bloomingdale in the Seventh Ward o said city, and is part of a certain farm formerly the proper Medcef Eden deceased, w^hich said lot hereby granted is tinguished in a certain map of the division of the said made by the said John Jacob Astor and William Cuttin Lot Number Seven, and bounded North by a road lea from Bloomingdale main road to Hudson River, Was by Lot Number Eight, Southerly by land belongin; John Lake Norton, and Easterly by Lot Number containing in breadth, on front and rear one hur feet, and in length on the West side four hundred and eii feet, and on the East side five hundred feet, be the same 1 or less, as by the said map filed or to be filed in the office c Clerk of the City and County of New York, reference t thereto had, will more fully appear. And also the right use of the road last mentioned, and landing on the said riv the extremity of the said road last mentioned. THE ANTHONY POST PIECE. 1 37 DEED. LIAM Dodge and Eliza- J Dated 2d Dec, 1824. TH, his wife, \ Ack. 2d Dec., 1824. to ) Rec. 19th May, 1835. Samuel Miner. \ 329 Conveyances, 503. / Consideration, $500. iNVEYS same premises by substantially same description. DEED. UEL Miner and Margaret y Dated i8th May, 1825. Barbara, his ivife, I Ack. i8th May, 1825. to } Rec. 19th May, 1825. Henry Ulrich. \ 190 Conveyances, 286. J Consideration, $500. >NVEYS same premises. The Anthony Post Piece. lis comprises Lots 8 and 9 on said map. ^^ Jacob AsTORrt;/<^ Sarah, s ivife; WiLLlAM CUTTING^ DEED. d Gertrude, Jiis zvife, to \, Not recorded. Anthony Post. »NVEYS said lots 8 and 9. 138 THE ASTOR AND CUTTING TRACT. Last Will and Testament /Dated 2cl June, 182 of \ Proved 21st June, 18 Anthony Post. V 69 Wills, no. He devises all the residue of his estate, real and pen (after providing for certain legacies) to his executors the after named, in trust to pay the said legacies, and keep b ings on his lands in good repair, and then to pay ovei t wife Magdelen one third part of the w^hole net income c estate, during her natural life, w^hich provision is declared t in lieu of dower ; and in trust to pay over the residue of his net income to his three daughters, Ellen Valentine, Elizal wife of Doctor James R. Manley, and Ann, wife of D( Joseph Bayley, or the children of such of them as may b ceased, or the heirs of such child or children, share and s alike ; the child or children of such of his said daughters as be deceased to be entitled to the share their mothers w have been entitled to had she been living, with power tf the real estate whenever they deem it necessary and expec In trust, on the death of his wife, to sell all residue of his estate then remaining unsold, and pay over the proceeds ot said sale or sales, together with all other funds belonging t( estate then in their hands, to his said three daughters, to t vided between them, share and share alike, and in case ol death of any or either of them, the share or shares of su( may be deceased to go to her or their children then livin the heirs of such child or children, and to be paid to the their legal guardian. Appoints Abraham Van Nest, Joseph Bayley, and Job Campbell his executors. By codicil dated 4th April, 1827, he provides that $j shall be deducted from the portion of the property devise his will to his daughter Ellen Valentine. THE ANTHONY POST PIECE. 1 39 setters testamentary were issued to Joseph Bayley only, 2ist July, 1S32, in Liber i, Letters Testamentary, page 391, others having refused to qualify. ^agdalena Post, the widow of Anthony Post, died in March, oseph Bayley died in December, 1S36. !^etters of administration, with the will annexed, were there- in granted to Samuel G. Raymond, who acted as such until death, which occurred on 25th August, 1850. \nn Bayley, one of the daughters of Anthony Post, died on it December, 1829. She left her surviving Sarah Ann Bay- , William Bayley, Magdalena Bayley, Anthony Post Bayley, eph Bayley, Anna B. Bayley, and Mary E. Bayley, her chil- n, and Joseph B. Lawrence, Isabella Lawrence, and Joseph Halsey, her grandchildren. jlUen Valentine, James R. Manley and Eliza, his wife, and above-named children of Ann Bayley, Richard Lawrence, leral guardian of Joseph B. and Isabella Lawrence, and Wil- Ti Bayley, general guardian of Joseph B. Halsey, filed a ition in the Supreme Court on 9th January, 1851, asking for appointment of a new trustee, authorized to execute the ivers contained in will of Anthony Post, and therein nom- ted Abel T. Anderson as such trustee. An order was en- sd the same day appointing him such trustee, with full power execute the trust powers as directed in said will, as though had been named sole executor therein. i40 the astor and cutting tract. The John T. Irving Piece. This is lot number 12 on same map. DEED. John Jacob Astor and Sarah, jDated ist July, 1803, /its wife, William Cutting/ Ack. ist, 2d & i4thji (i/k/ Gertrude, h's tvi/e, \ 1803. ^^ I Rec. 1st June, 1825. John T. Irving. \ 194 Conveyances, 68.' /Consideration, $550. Conveys all that certain lot, piece or parcel of land, siti and being at Bloomingdale, in the Seventh Ward of the 5 city, and is part of a certain farm formerly the property of M calf Eden, deceased, which said lot hereby granted, distingu ed in a certain map of the division of the said farm made by said John Jacob Astor and William Gutting, by Lot No. Twe and is bounded Northerly by the road leading from the Blo( ingdale main road to Hudsons River, Southerly by land of J( L. Norton, Easterly by lot number eleven, and Westerly by number thirteen, and contains in front and rear one hund feet, on the Easterly side four hundred and forty-five feet, and the Westerly side four hundred and forty-two feet, be the s? more or less, as by the said map filed or to be filed in the of of the Clerk of the City and County of New York, refere being thereto had, will appear. And also the right and use the road last mentioned, and a landing on the said river at extremity of the said road last mentioned. John T. Irving died on 15th March, 183S, leaving him : viving his widow and the children and grandchildren mentio in his Will. THE JOHN T. IRVING PIECE;. 14I Last Will and Testame7it / Dated 28th Jan., 1837. of \ Proved i6th April, 1838. John T. Irving. \78 Wills, 343. rhe testator gives to his wife Abby S. Irving, in lieu of dov^^er, yearly income of one third of all his estate, real and personal I then provides as follows : " I give, devise and bequeath to said son Gabriel F. Irving and his heirs, the one sixth part my said real and personal estate. I give, devise and be- iflth to my son John Treat Irving and his heirs the one sixth t of my said real and personal estate. I give, devise and ueath to my son Washington Irving and his heirs the one- h part of my said real and personal estate. I give, devise I bequeath to my daughter Abbey Irving and her heirs the -sixth part of my said real and personal estate. I give, de- : and bequeath to my son George Irving and his heirs, the sixth part of my said real and personal estate. I give, de- ! and bequeath to my two grandchildren, Sarah Irving Clark I William Irving Clark, the children of my daughter Sarah, v^ deceased, the late wife of Edwin Clark, and to their heirs, one sixth part of my said real and personal estate, to be ally divided between them, and in case of the death of either )re arriving at the age of twenty- one years without leaving ful issue, then the survivor of them, or his or her heirs is lave the whole of said sixth ; and in case of the death of 1, before arriving at said age, or leaving lawful issue, then I J, devise and bequeath the said sixth part of my said real and sonal estate to my said five children, Gabriel F., John Treat, shington. Abbey, and George, before named, and to their ■s, to be equally divided between them, share and share e." He further provides that the said last six devisees shnll subject to tlie provisions for his wife, and that the third p:irt 142 THE ASTOR AND CUTTING TRACT. out of which her income is to arise is not to be divided till aft her death. Each devise to be subject to the devisees payiii to his executor such sums of money as may have been advance by him to each. He appoints his wife Abbey S. Irviii and Gabriel F. Irving, John Treat Irving, Washingtc Irving, Junior, and Edwin Clark his executrix and executors, at and authorizes them or a majority of them, to sell and conv( his real estate or any part thereof Letters testamentary were issued to Gabriel F. Irving ar Edwin Clark, on 16 April, 1S3S (see Liber 4 Letters Test mentary, page 49), and to John T. Irving, on 3d August, 18; (see same Liber, page 84), and to Washington Irving, Junio on 9th June, 1S53 (see Liber 11 Letters Testamentary, page 13' DEED. Dated 22d Sept., 1845! Abby Irving j Ack. 22d Sept., 1845. ^^ > Rec. 1st Nov., 1845. John Treat Irving. \468 Conveyances, 219. Consideration, $i. Recites that a marriage is shortly to be solemnized betwee Abbey Irving and Henry Van Wart, Junior, and that she is ei titled to a share of certain real estate devised to her by hi father, the late John T. Irving, and yet unsold by the execute of his estate. Conveys all her right, title, interest and share in the said re: estate of her late father, the late John T. Irving, deceased, wit other property. To hold subject to the uses and trusts set fort in the followinof deed. THE JOHN T. IRVING PIECE. 143 NRY Van Wart, Junior, j AGREEMENT. of I si Pari,! Abby Irving, I Dated 22d Sept., 1845. of 2d Pari./ Ack. 22d Sept., 1845. John Treat Irving, I Rec. ist Nov., 1845. ^Z" 3(^/!rrr/. 1468 Conveyances, 220. Lecites the previous deed and agrees that the property there- ;onveyed shall be held on the following trusts, namely : to sive the rents and profits, and apply them to the use of Abby ng during her natural life, free from the debts and control of husband, and on her death to divide the same among her dren, the issue of a deceased child«to stand in the place of its 2nt. But in default of such children, then to convey to such ion or persons as she may by will appoint, and in default of 1 appointment, to Henry Van Wart, Junior, in fee. In case said Henry Van Wart, Junior, die during the lifetime of the Abby Irving, and leave no children of the marriage him iving, then to convey to her, the said Abby Irving, in fee, ireupon the trust hereby created shall terminate. is further provided that said trustee may sell and convey vritten consent of Henry Van Wart junior, and Abby, his nded wife, if both are living, or of the survivor, if one be I y a decree of the Supreme Court, entered at a special term eof, on 31st March, 1857, on petition of Henry Van Wart, or, and Abby, his wife, and John Treat Irving, the said iry Van Wart, Junior, was appointed trustee in place of the John Treat Irving'. 144 THE ASTOR AND CUTTING TRACT. DEED. John Treat Irving, Trustee ^/) Dated ist April, 1857 Abby Irving Van Wart, { Proved 2d April, 1857 to J Rec. 4th April, 1857. Henry Van Wart, Jr. \ 730 Conveyances, 158 /Consideration, %\. Recites preceding instrument, and the decree for the sub; tution of trustees. Conveys all and every the estate, right, title and interest a share of her the said Abby Irving Van Wart (formerly Al Irving), of, in and to all the real estate devised by her s father, the late John T. Irving, deceased. To hold on the sa trusts specified in the preceding instrument. DEED. John T. Irving and Helen,) Dated loth July, 185' Jiis zvife, f Ack. loth July, 1856. to ( Rec. 1 2th July, 1856. Edwin Clark. A 715 Conveyances, 10: / Consideration, $20,00 Recites that the said John T. Irving as heir-at-law and visee is seised of certain interest in the real estate of his fath the late John T. Irving, deceased. Conveys all the estate, right, title and interest of the pari of the first part, or either of them, in all the lands and real tate of the said John T. Irving, late of the City of New Yo deceased, at the time of his death, situated in the said Citj New York (specifying, among others, the following descril premises) : " Also all those certain other lots of land, situate the Nineteenth Ward of the City of New York, lying betw< Forty-sixth Street and FoMy-eighlh Street, and between THE JOHN T. IRVING PIECE. 145 ith and Tenth Avenues, at Bloomingdale, in the former fenth Ward of the said city, being part of a certain farm for- rly the property of Medcef Eden, deceased, and known on a :ain map of the division of said farm made by John Jacob or and William Cutting, as lot Number Twelve, and being same premises conveyed to the said John T. Irving, de- sed, by deed recorded in the office of the Register aforesaid, _,iber, No. 104 of Conveyances, page 68." Edwin Clark to izA E. Irving, Abby Irving COVENANT. lAN Wart, Washington! ^'^^^^^ ^°^^^ J"'^' '^56. rving. Junior, and ^^J^} Ack. nth July, iSs6. jam Irving Clark audi ^^^^^ ^^tli July, 1856. ;arah Irving Kent, zvi/e o/V'^ Conveyances, 99. AMES Kent. ] Consideration, $i. {.ECiTES the preceding deed, and that the purchase money rein specified was the money of and advanced by Eliza E. ing and the others above named, and avers that he will stand ;ed of said premises, thereby conveyed, in trust for their sole , for each, in proportion to the sum advanced by him or her, h having given $5,000, except William Irving Clark and ah Irving Kent, who advanced $5,000 between them. )ee Liber 786 Conveyances, page 629, for deed from the Ex- tors of John T. Irving to Richard Horn, of the part of said Number Twelve lying North of Forty-eighth Street. 5ee Liber 744 Conveyances, page 562, for deed from said scutors to John Jacob Astor, Junior, William Astor and nry Astor, of the part of lot twelve lying South of Forty- 146 THE ASTOR AND CUTTING TRACT seventh Street, and also of the gore, comprising all of 1 twelve lying North of Forty-seventh Street and West of a lii* drawn parallel with Tenth Avenue and 225 feet Eastward therefrom. The Astors at the same time conveyed to Edw\ Clark (see 752 Conveyances, page 143), a gore of land on eaci side of lot twelve, between Forty-seventh and Forty-eigh* Streets, so as to square the boundary lines of the Irving piec and make the same extend 150 feet on both Forty-seventh ai Forty-eighth Streets, and begin on each street 225 feet East ^ Tenth Avenue. Edwin Clark, by instrument recorded in Libi 753 Conveyances, page 140, certifies that the deed was made t him in trust for other devisees of John T. Irving. The Frances Hendricks Piece. This comprises lots 28, 29, 30, 31, 32 and 33 on said map. DEED. John Jacob Astor rt:«^/ Sarah, i Dated 30th June, 1^03 his zvife ; WiLLIAM CUTTINCf Ack. 1st, 2d & 141 and Gertrude, Jiis zvifc, > July, 1803. to t Rec. 25th May, 1804. John Wilkes. ^66 Conveyances, 520. /Consideration, $2,935. Conveys all those six certain lots, pieces or parcels of Ian situate, lying and being at Bloomingdale, in the Seventh Wai of the said city, and ai^e part of a certain farm formerly tl: property of Medcef Eden, deceased, which said lots hereby ii tended to be granted are distinguished in a certain map of th division of the said farm made by the said John Jacob Aster an' William Cutting, by lots number twenty-eight, twenty-nini; THE FRANCES HENDRICKS PlECE. u; SITUAT OrTHI BELONG FRANC roR- ■COokcet^ yxDc i )ts are by lot n the tlyby lond ; is In seven y-four : hun- ound- louth- louth- 2 said ■ less, and a ioned , :>. i 5 uujj; 2. and m of [ohn Wilkes (also known as John de Ponthieu Wilkes), died 1st March, iSiS, leaving him surviving, Eliza Frances Ikes, John Wilkes, Henry Wilkes, Edmund Wilkes, and 146 THE ASTOR AND CUTTING TRACT seventh twelve drawn therefn Clark ( side of Streets and mj; Forty-e Tenth 752 Co him in SAM YT/13S0flS 10 QRAW o55 .IHT HI ajTAUTIo TO 3TAT233l-{TOTOHaHOJ3a .1 J(yA*»t*M'Nr.>3VS^ lyiara^ >i&-*I^ • e HTjiTin This- John /it's ■ and Ak ^ X^.,A ^ I,^n: Con situate of the property of Medcef Jiden, deceased, wnicn saiu luis ucicuy m tended to be granted are distinguished in a certain map of tli division of the said farm made by the said John Jacob Aster am William Cutting, by lots number twenty-eight, twenty-nine, THE FRANCES HENDRICKS PIECE. I47 ty, thirty-one, thirty-two and thirty-three, which said lots are inded Easterly by lot number twenty-seven, Westerly by lot nber thirty-four, Southerly by the road leading from the omingdale main road to the River, and Northerly partly by ds of Mr. Hopper, and partly by lands of Lewis Simond; Northerly boundary of the said lots hereby granted is in rih from the Northwest corner of lot number twenty-seven resaid to the Northeast corner of lot number thirty-four •esaid, along the said lands of Hopper and Simond, six hun- d feet, be the same more or less ; and the Southerly bound- of the said lots hereby granted is in length from the South- it corner of lot number twenty seven aforesaid to the South- ; corner of lot number thirty-four aforesaid, along the said d last mentioned, six hundred feet, be the same more or less. i also all the right and use of the road last mentioned, and a ding on the said river at the extremity of the last mentioned d. MORTGAGE. \ To secure $8,736.30. iN Wilkes rt-;/^/ Mary, /-/jt J Dated 22d Jan., 1812. wife, f Ack. 25th Jan., 18 12. /o \ Reg. 1st Feb., 1812. E President rt-w^ Directors! 22 Mortgages, 510. ofi/ie Manhattan Co. iRec. 28th Dec., 18 18. / 145 Conveyances, 32. lECITes that John Wilkes is indebted to Isaac Moses and s in sum of $5,910.01, and to the Manhattan Co. in sum of S26.29. 'overs same premises. ohn Wilkes (also known as John de Ponthieu Wilkes), died 1st March, iSiS, leaving him surviving, Eiiza Frances Ikes, John Wilkes, Henry Wilkes, Edmund Wilkes, and MAP or PROPERTY SITUATED IN THE 22o WARD OrTHLCITY or NEWYORK BELONGING TO THEESTATE OF FRANCES HEINDRICKSoeco auuj->\/ ,,^j4t^q<-cJ.^ y- / S't'i a' 148 THE ASTOR AND CUTTING TRACT. Charles Wilkes, Junior, his children, and Mary Wilkes 1 widow. ' Last Will and Testament /Dated 17th Aug., i8( of \ Proved 25th Mar., 18 John de Ponthieu Wilke.s. \ 54 Wills, 329. I give, devise and bequeath unto my good brother, Char Wilkes, Cashier of the Bank of New York, guardian and > ecutor hereinafter named, all and singular my real and persoi estate and effects whatsoever and wheresoever, either in poss ion, reversion, remainder or expeciancy, whereof or whereii shall be any ways seised or possessed of, interested in or intit unto, at the time of my death. Upon trust that he, the s Charles Wilkes do and shall, as in his judgment shall seem b( control and manage, or otherwise sell and dispose of, or ke my said real and personal estate for the use and benefit of five children, namely : Eliza Frances, John, Henry, Edmi and Charles, as and in inanner hereinafter mentioned, and will and meaning is, and I hereby order and direct, that said Executor, Charles Wilkes, shall apply, appropriate, ( tribute and divide all and singular my said real and perso estate and effects, and the rents, issues, profits, dividends '<. proceeds thereof, unto and amongst all and every of such said five children as shall be then living, and among the cl and children of such of them as shall be then dead, who, nev theless, shall be entitled only to the share or shares which 1 her, or their respective parent or parents would have been , titled to had they been living, share and share alike, to wh I hereby give, devise and bequeath the same accordingly." Gives his said brother Charles Wilkes full power of sale, i appoints him sole executor. THE TRANCES HENDRICKS PIECE. IN CHANCERY, Before tJic Chancellor. [E PRKSIDKNTrt/Zc/ DlRKC'lORS of tlic Manhattan Co. vs. ,i/.A Francis Wilkes, John| k\'iLKES, Henry Wilkes, Edmund Wilki<:s, Charli'.s, Wilkes, Junior, Mary I Wilkes, and Charles' ilViLKES, ExcciUor of John A'lLKl'.S. 149 8— July 31. Bill filed to foreclose above mortp^age. Sept. 30. Oitler appointing Edward Wilkes guardian ad litem of Charles Wilkes, Junior. Oct. I. Answer of infant filed. Oct. I. Order pro confcsso against the other defend- ants, on consent of Edmund Wdkes, their solicitor. Oct. I. Order of reference to compute the amount due. Oct. 5. Master reports v$r 2,5 19.35 due. Oct. 5. Decree of foreclosure and sale. Dec. 29. Report of sale of premises to Harman Hen- dricks. Dec. 29. Report confirmed. c) — Tune 24. Decree enrolled. DEED. Iomas 1^0 ETON, M aster -in- Chanccry, to 11 ARM AN Hendricks. Dated 28th Oct., 1818. Ack. 26th Dec, 1 8 18. Rec. 30th Dec, 1818. 133 Conveyances, 389. 'Consideration, $5,700. wONVEYS all said mortgaged premises. ISO THE ASTOR AND CUTTING TRACT. Harman Hendricks died intestate on 3d April, 1838, leavin| him surviving Frances Hendricks, his widow, and 1. Uriah Hendricks, 2. Henry Hendricks, 3. Washington Hendricks, 5. Montague M. Hendricks, 5. Hetty, wife of Aaron L. Gomez, 6. Emily Grace, wife of Benjamin Nathan. 7. Hannah Hendricks. 8. Rosalie Hendricks. 9. Selina Hendricks, 10. Hermoine Hendricks. his only children and heirs-at-law. Letters of administration were granted to Uriah Hendricks' (See Liber 37 Letters Administration, page 14S.) Henry Tobias, of \ St part. Rosalie Hendricks, an mfant, of 2d part. Frances Hendricks, Guardian\ ^/Rosalie Hendricks, of 'i^d part. Uriah Hendricks, Henry Hendricks, Washington Hendricks and Montague M. Hendricks, of AftJi part. DEED. Dated 2d Oct., 1839. Ack. 2d Oct., 1839. Rec. 5th Oct., 1839. 396 Conveyances, 632. Consideration, $10. Recites that a marriage is about to be solemnized betweei Henry Tobias and Rosalie Hendricks, and that it has beei agreed that her share of her father's estate should be placed ii the hands of trustees for her benefit. THE FRANCES HENDRICKS PIECE. 151 Rosalie Hendricks, by and with the consent of Henry Tobias, nveys to parties of the fourth part, all the one full, equal un- vided tenth part of the same premises, with other property. In trust to receive rents and profits, and apply the same to e use of Rosalie Hendricks during her natural life, and on ir decease to convey the same to her heirs, free from the cur- sv of her husband, in such sliares as they would have taken had ,e died intestate seised of said premises. Rosalie Hendricks thereupon married Henry Tobias, and died ortly thereafter intestate and without issue. Her trustees there- in conveyed to her mother, brothers and sisters, her heirs-at- w, the one-tenth part of the piece in question (see 476 Con- jyances, 8). Washington Hendricks, another of said children, died on i6th [arch, 1841. Last Will and Testament j Dated 8th March, 1841, ^/ > Proved 22d April, 1841, Washington Hendricks. (83 Wills, 259. After giving sundry legacies, the testator provides as follows : All the rest and residue of my estate, real and personal of /ery kind and description, whatever and wheresoever, in- uding everything not herein effectually disposed of, I give, de- ise and bequeath unto my mother, Frances Hendricks, for and uring the term of her natural life ; she is to receive the rents, icome and profits thereof, to her own use during the term foresaid. And I further give to my said mother full power nd authority by deed, under seal, by last will and testament, nd by codicil thereto, to dispose of all or any j^art of the said ssidue of my real and personal estate in fee simple or other- nse. And 1 do give and bequeath all and singular the said Bsidue of my real and personal estate, subject, nevertheless, to er power of disposition as aforesaid, immediately upon the 152 THE ASTOR AND CUTTING TRACT. decease of my said mother, in fee simple unto my brothers a sisters and the issue of any deceased brother or sister, they take as tenants in common, bnt so, nevertheless, that the iss of any deceased brother or sister shall take equally among thi the share or shares only which the parent or respective parei of such issue if then living would have taken, at the decease my said mother, such issued representing the parent." Hannah Hendricks to DEED. Frances Hendricks, widoiv, Uriah Hendricks, HenryJ ^^^ed i6th Mar., 184^ Hendricks, Montague M.V^^j^ ^^^h Mar., 18 }6. Hendricks, Emily G. Na-/ ^^^ ^^^^^ ^ar., 1846. THAN, wife ^/Benjamin Na- 476 Conveyances, 28. than, Selina Hendricks, I Consideration, $32,00 Hermione Hendricks, and Hetty Gomez, wife ^/ Aaron L. Gomez. Recites deaths and intestacy of Harman Hendricks a Rosalie Tobias, and will of Washington Hendricks. Conve all and singular one equal ninth part of the premises of whi Harman Hendricks died seised. DEED. A Dated 9th March, i8z Same /Ack. 1 6th Mar., 1846. to J>Rec. 17th Mar., 1846. Same. i 476 Conveyances, 29. ) Consideration, $32,O0(, Conveys all and singular the one equal undivided ninth p; of the real estate of which her father died seised, specially c scribing it. THE FRANCES HENDRICKS PIECE. 153 DEED. RiAH Hendricks ««^ Fanny, his zvife ; Henry Hendricks and \l^RKl'E.l:, hiszvife ; Mon- tague M. Hendricks aiid Rachel, his ivife; Benjamin , NATHAN and Emily Grace, ^^^^^ ist Jan 1847 hiswife; Selina Hendricks, F^'_^'- \'^ ^^l":}'' '^^"^l Hermoine Hendricks, Aaron L. Gomez and Henry, his zvife, to Frances Hendricks. Rec. 2d March, 1847. 485 Conveyances, 598. Consideration, $82,200. Conveys same premises. Frances Hendricks died on first day of May, 1854, leaving ght cliildren her surviving. Hermoine Hendricks, one of said lildren, previous to the death of her mother, had intermarried ith Alfred Tobias. See ante-nuptial settlement as to personal •operty, in Liber 4S5 Conveyances, 573. Last Will and Testament of Frances Hendricks. Dated 15th June, 1841. Proved 5th June, 1854. 1 10 Wills, 167. She devises to her executors all the lands or real estate of hich she is now seised and whereof she may be seised or en- led to at the time of her decease, in trust, to sell and abso- tely dispose of the same and every part thereof, in separate ts or parcels, by public auction or private contracts, for cash upon credit, and convey the same to the respective jour- lasers thereof. She directs that the moneys arising from such les shall be deemed part and parcel of her personal estate id subject to the dispositions made by her concerning the t54 THE ASTOR AND CUTTING TRACT. same. She directs that all her debts be first paid out of h* personal estate, and that the residue thereof be divided inl eight parts. Each one of said eight parts she devises to b executors in trust for one of her eight children, each child taki:| a beneficial interest in one of said eight shares. The nature '■ the trust is as follows : the executors are to invest the same a; receive the income and profits thereof, and apply the same the use of such child, during his or her natural life, the title said executors to terminate on the death of such child, and s therejpon bequeaths such eighth part unto the child or childr' of such child living at the time of his or her decease, ai the issue of any deceased child, the issue of a deceased child take its parent's share. In case such child of testatrix shou die without leaving issue, she devises such eighth part to h surviving child or children living at the time of the decease such child, and the issue of a deceased child, such issue ts^kii its parent's share. Testatrix further provides that in case any of her said childn shall die before her, without issue living at death of testatri she devises the share of such child to her executors, to 1 divided into equal shares, and to be applied in equal augment tion of the bequests hereinbefore made, and to be held on lil trusts. She appoints her sons Uriah, Henry and Montague M. ti executors and trustees of her will. By codicil dated 27th day of July, 1852, after reciting tl will of Washington Hendricks, above set forth, and the pow of appointment therein given her, she declares that in purs ance of such power she devises unto the executors and truste named in her will as joint tenants in fee simple, all the sa rest and residue of the real estate whereof her son VVashingtc Hendricks was at the time of his death seised or possesse whatever and wheresoever, and of which she shall have ma^ THE RICHARD FISHER PIECE. 155 -.i- „«- fUo fJr^o r^f Vlov r^pn^^at, le id td H- ct as n- ee ng nd Juy, 01 mem me saia parues or me insi part, ui, m auu lu all t certain lot, piece or parcel of land situate, lying and being Bloomingdale, in the Seventh Ward of the said City, and is t of a certain farm formerly the property of Medcef Eden, :eased, which said lot, piece or parcel of land, hereby re- t54 THE ASTOR AND CUTTING TRACT. same. She directs that- nil hpr ri^Kfc K^ fi^ct- .,„:j pe ei| ex al SAM sai th( of th£- tak die sui sue its sha she div tioi tru c exe I wil of£ ancv. wi oin-ii ^yuvvci one ucvi&cs LiuLu iiic cxecuiois ana trusK named in her will as joint tenants in fee simple, all the s£ rest and residue of the real estate whereof her son VVashingt Hendricks was at the time of his death seised or possess< whatever and wheresoever, and of which she shall have nia THE RICHARD FISHER PIECE. 1 55 other disposition a*" the time of her decease, upon trust to 1 and absolutely dispose of the same and every part thereof, separate lots or parcels, by public auction or private contracts, d for cash or upon credit as to them shall seem expedient, d convey the same to the respective purchasers thereof. She ects that the monies arising from such sales shall be deemed rt of her personal estate, and shall be appropriated, applied d divided by said executors and trustees, as in her Will di- :ted, mentioned and expressed, and given under and subject the same limitation, qualifications, limitations and clauses as said Will and this codicil expressed and declared of and con- •ning the same. Letters testamentary vv^ere granted to all three executors. See ber 12 Letters Testamentary, page ii. The Richard Fisher Piece. rhis comprises lots 22, 23, and 24 on Astor and Cutting ip. DEED. HN Jacob Astor «;/^ Sarah, i Dated 30th July, 1803. his tuife, ( Ack. 8th Sept., 1803. ^^ / Rec. 15th March, 1804. William Cutting. \ 66 Conveyances, 355. / Consideration, $1. Conveys all the right, title, interest, property, dower, right dower, claim and demand whatsoever, both in law and uity, of them the said parties of the first part, of, in and to all it certain lot, piece or parcel of land situate, lying and being Bloomingdale, in the Seventh Ward of the said City, and is rt of a certain farm formerly the property of Medcef Eden, ceased, which said lot, piece or parcel of land, hereby re- MAP or THC PROPERTY Of RICHARD nSHER. 50iK ST. /,*£~-^ --^.Sllj| ^'M I 156 THE ASTOR AND CUTTING TRACT. leased, or intended to be released, is distinguished in a cert; map of the division of the said farm made by the said Jo, Jacob Astor and William Cutting, by lot number twenty fo and is bounded Easterly by lot number twenty-three, Westej by Hudson's River, Southerly by land of Norton, a Northerly by the road leading from the Bloomingdale main ro, to the said river, and estimated to contain eight acres of land, the same more or less. DEED. John Jacob Astor ajid Sarah, his tvife, to William Cutting. Dated 14th Feb., 180^ Ack. 1 6th Feb., 1804. Rec. 15th March, 180/ 66 Conveyances, 356. Consideration, $425. Conveys all the one full, equal and undivided moiety or h; part of all and singular the following lots, each one into t\ equal parts to be divided, situate, lying and being at Bloomir dale, in the late Seventh now Ninth Ward of the said City New York, and are a part of a certain farm, formerly the pro erty of Medcef Eden, deceased, which said lots (the sevei moieties of which are hereby intended to be released), are d tinguished in a certain map of the division of the said farm ma by the said John and William, by lots numbered twenty-two ai twenty-three. DEED. William Cutting and Ger- trude, his ivife, to Jonathan Ogden. Dated 31st Dec, 1817 Ack. 2d Jan., 1818. Rec. 5th Jan., 1818. 125 Conveyances, 75. 'Consideration, $10,000 Conveys all those three certain lots, pieces or parcels land, situate, lying and being in the Ninth W^ard of the sa THE RICHARD FlSHER PlECE. 157 y, and distinguished on a map made of the division of the m formerly of Medcef Eden, filed in the office of the Regis- in and for the said City, on the 21st day of February, in the ir 1S06, by lots numbered twenty-two, twenty-three and twen- four (22, 23, 24), bounded Westerly by the North or Hud- I's River, Easterly by lot number twenty-one, Southerly by d now or late of John L. Norton, and Northerly by a lane ding from the Bloomingdale Road to Hudson's River. HN Eden and Jane, his wife, [acOB Knoble and h.-^^^ his \ wife, ■ to Jonathan Ogden. DEED. Dated loth Oct., 1821. Ack. loth Oct., 1 82 1. Rec. nth Oct., 1821. 155 Conveyances, 144. Consideration, $1,500. Recites that John Eden, in his own right, and as one of the rs of his late sister, Hannah Johnson, and the said John obel and Ann, his wife, in right of the said Ann, who is a ighter and only heir of Mathew Eden, deceased, and co-heir h John Eden of the said Hannah Johnson, claim some inter- iu said premises, by virtue of an executory devise in will of dcef Eden. Releases same premises. HN Eden and Jane, ]iis wife, [acob Knobel and Ann, his^ oife, to Jonathan Ogden. RELEASE. Dated loth Dec, 1825. Ack. 26th Dec. 1825. Rec. 31st Dec, 1825. 196 Conveyances, 399. Consideration, $1,000. 'ONVEYS same premises. 158 THE ASTOR AND CUTTING TRACT. DEED. Jonathan Ogden and CharJ Dated 3d May, 1823. LOTTE, Jiis ivife, to John Fisher. Conveys same premises. Ack. loth May, 1823. Rec. 17th June, 1823. 167 Conveyances, 177. Consideration, $7,500. DEED. John Fisher a7id Margaret, 7 Dated 20th April, 182 his wife, f Ack. 29th May, 1829. to } Rec. 28th April, 1832. Richard Fisher. \ 285 Conveyances, 361. Consideration, $i4,ooc Conveys same premises. The map of this tract, which is on file in Case Number 35 differs in its location of Verdant Lane from the maps oft! adjacent tracts belonging to Frances Hendricks and John Jacc Astor. There are so many inaccuracies apparent in this ms that it is probably safe to consider it erroneous in this respe also. w. ^^J d i J>*<« / v'.t^^ ^ gIu,x^' SOmc^^ 46 ih 45iK ST. n [ i6o THE CHARLES KELLY TRACT. Sir Ricard Nicolls, Governor etc., to Johannes Van Brugh, Thom-' AS Hall, John Vigne, Eg-i BERT WOUTERS and JACOB Leanderts. PATENT. I Dated 3d Oct. 1667. t Rec. in Secretary State's Office at bany. 2 Patents, in. " Whereas there is a certain tract or parcel of land uj this Island Manhattans lying and being to ye North of ye Gi Creeke or Kill, stretching in length from ye said Creeke or I alongst ye river commonly called and known by ye nam( Hudson's or ye North River eight hundred rods, and from said river stretching in depth or breadth two hundred and f rods." Conveys said premises to the patentees. DEED. Jan Vigne to Jacob Cornelisse. Not recorded, but cited in the follovvi deed to JOSE] Haynes. Conveys all that a certain part or parcel of land situj lying and being at the Great Kill and laid out for an eq fifth part of a patent formerly granted to Johannes Van Brug Thomas Hall, Jan Vignie, Egbert Wouters and Jacob Le ders, bounded on the South by the land of Johannes \ Brugg, on the North by the land of Aaron Webbers, by H sons River on the West, and by the Commons of the Cit) New York on the East. DEED. Not recorded, but cited in the followi deed. Conveys same premises. THE CHARLES KELLY TRACT. l6l Volfert Webbers died seised of this tract, and his heirs veyed as follows : NOUT Webbers and Sarah \is zvife; JACOB WEBBERS '.nd Margaret, Jiis wife; Frederick Webbers and .ENA, Ids zvife ; CORNELIUS Vebbers rt;^c/jANNATiE, his Dated 6th Oct., 1759. vife; Ariante Van Arden i Ack. 6th Oct., 1759 ^.ate Arl\nte Webbers), Al- lE SOMERDICKE {late AlTIE Vebbers), and Margaret Vebbers, daughter and heir /"John Webbers. to Joseph Haynes. DEED. Rec. 14th Oct., 1784. 42 Conveyances, 27. Consideration, i^ 1,500. ONVEYS same premises. Last Will and Testament of Joseph Haynes. Dated 17th July, 1762. Proved 9th May, 1763. 24 Wills, 22. tern : I do give and devise all my estate both real and per- al unto my beloved wife Jane Haynes, to receive the rents, es and profits thereof during her natural life, to her own and behoof; and at her decease I do give, devise and he- ath the one full and equal moyty or half part of all my te both real and personal unto my two nieces Charlotte and :abeth Haynes, their heirs and assigns forever, equally to be ded between them, share and share alike, but in case either iy said two nieces should happen to die during the lifetime ly wife, then I do give and devise the share and part of her lying to the survivor of my said two nieces, and to her heirs 1 62 THE CHARLES KELLY TRACT. and assigns forever. And the other full and equal moyety c half part of all my estate both real and personal, at and imm( diately after my said wife's decease, I do give, devise and b( queath unto such of her sisters as shall be living at the time c her death, and to their heirs and assigns forever, equally to b divided between them, share and share alike. By codicil dated 9th March, 1763, he provides that An Sevon may live with his wife during her widowhood, and i case his wife remarries, he gives said Ann Sevon an annuity ( £100, to be void when she marries or moves out of province. Jane Haynes died about 176S, leaving four sisters her su viving, viz., Anne, wife of Daniel Horsmanden ; Elizabet Sevon, Mary Sevon, and Catharine Sevon. Daniel Horsmanden and Anne, his zvife {late MisS \ DEED. Anne Sevon); Elizabethj Sevon, Mary Sevon andQkA Dated i6th Jan., 1771. tharine Sevon, Charlotte V Ack. i6th Jan., 1771. Haynes, and Elizabeth [ Rec. i6th Nov., 1784. Haynes, I 42 Conveyances, 49. ^^ 1 Consideration, j^ 1,000. John Reis. Recites will of Joseph Haynes, and that his widow is no\ deceased, leaving her surviving four sisters : Anne, wife ( Daniel Horsmander ; Elizabeth Sevon, Mary Sevon and Cath arine Sevon ; and that said tract had been mortgaged to Ann Sevon (now Horsemander) to secure £1,600; and that sai tract had been divided into three lots, known as lots Numbei I, 2 and 3, the said lot number 3 fronting Hudson River, and th said lots number one and two fronting the highway leading t Bloomingdale. THE CHARLES KELLY TRACT. 1 63 Conveys all that certain lott, piece or parcel of land, being art of the said farm or plantation whereof the said Joseph laines so died seised as aforesaid, and which same lot, piece or arcel of land, hereby intended to be granted, is distinguished y the plan thereof made by the said Francis Marschalk by the )t number two, and is the Northermost of the same two lots onting on the road leading to Bloomingdale, and the same lot umber two. Begins at the Southermost corner of a tract of land elonging to John Hopper, where the same bounds on the said 3ad leading to Bloomingdale and runs thence, agreeable to the lap or plan thereof made by the said Francis Marschalk, in 16 year one thousand seven hundred and sixty, along the said lloomingdale Road South twenty-one degrees West fourteen hains to the Northeasterly corner of the said lot number one ; lence along the Northerly bounds of the said lot number one, lorth thirty-seven degrees thirty minutes, West thirty-nine hains and thirty links to the said lot number three ; thence long the said lot number three North fifty-four degrees East ix chains and sixty links to the land of the said John Hop- er, thence along his land as follows : South fifty degrees East NO chains and fifty links, thence South forty-eight degrees thirty linutes East six chains, thence South forty-one degrees thirty linutes East seven chains, thence South thirty-six degrees thirty linutes East five chains, thence South fifty-three degrees East ight chains ; thence South fifty-six degrees East three chains nd thirty-six links to the place of beginning. Containing thirty- A^o acres, more or less. Excepting and always reserving out of the premises hereby ranted twelve feet and six inches of ground all along the South- rly bounds of the same hereby granted premises, and extend- ig from the front thereof on the said Bloomingdale Road to the ear on the said lot number three, which said twelve feet and ix inches of ground, together with the like quantity of twelve Jet and six inches adjoining thereto, and to be taken from the 164 THE CHARLES KELLY TRACT. Northerly bounds of the said lot number one, is reserved and intended, and shall forever be, remain and continue as and for a common road and passage between the said lots number one and two from the said Bloomingdale Road down to the said lot number three. It appears from recitals in the following deed that John Reis died intestate seised of said tract, leaving him surviving four daughters, his only heirs-at-law, viz. : Catharine, wife of Charles Kelly ; Elizabeth, wife of Philip Webbers ; Barbara Reis and Catreena Reis. The last two named daughters went with their mother to Germany, and while there Barbara intermarried with one Eckelin, and Catreena with one Blackstedlin. Their mother also intermarried with Johannes Hassell. DEED. Charles Kelly and Cath- arine, his wife ; PHILIP WEB-f Dated 28th Aug., 1786. BERSrtw^ Elizabeth, //w7iy'^/rA Ack. 28th Aug., 1786. to I Rec. 29th Aug., 1786. Henry Shutz. ^ 43 Conveyances, 502. Consideration, los. Conveys all that the one full and equal moiety or half part of, in and to the same premises. In trust to convey one undivided fourth of said tract to Charles Kelly and one undivided fourth to Philip Webbers. There appears to be no deed on record from Shutz to Kelly or to Webers. The trust expressed in above deed would, how- ever, vest the title in them without such deed. Anna Barbara Eckelin andX POWER. Anna Catharine Elizabeth f Backstedlin, > Dated 28th April, 1 79 l to V Rec. 17th Dec, 1828. JOHANN Henrich Dorr. 1 2 Powers Attorney, 23 1. Recites that their mother, Catharine Hassell, has left an estate of $3,611, and that they are willing to release the prop- THE CHARLES KELLY TRACT. 165 n-ty in America of which their father died seized, if Catharine :Celly and EHzabeth Webbers will give up all claim to the nonies left by their mother. Authorizes their attorney to execute a release of the property n America to their sisters, on their delivery to him of a proper instrument of session by them as to the estate of their mother. A.NNA Barbara Eckelin and Anna Catharina Eliza- BETHA BACKSTEDLIN, two of i the daughters of Johannes f Reis, to Charles Kelly and Cath- arina, his ivife; Philip Web- bers a7id Elizabeth, his ivife. DEED. Dated 12th Oct., 1791. Ack. 13th Oct., 1791. Rec. 31st Dec, 1819. 141 Conveyances, 127. Consideration, 5s. Recites preceding power of attorney, and that parties of the second part assigned to parties of the first part, the monies left Dy Catharine Hassell, at Hesse-Cassel. Releases all interest in same premises. Habendum one noiety to Charles Kelly and wife, their heirs and assigns for- ;ver, and one moiety to Philip Webers and wife, their heirs and issigns forever. Philip Webbers and Eliza- beth, his zvife, to Charles Kelly and Cath-| ARINA, his wife. DEED. Dated 12th June, 1792. Ack. 14th June, 1792. Rec. 22d Dec, 1803. 66 Conveyances, 58. Consideration, £^6 5s. Recites the conveyance to Johannes Rees, and that parties liereto were seized of the entire tract, and that they had divided the same into two lots, Numbers One and Two, and that lot lumber one had fallen to the share of parties of second part. 1 66 THE CHARLES KELLY TRACT. I Conveys all that the said lot of land, distinguished by thj number one, the same being the Southerly moiety or half pan of the said lot, piece or parcel of land which was conveyed a aforesaid to the said Johannes Rees, Containing sixteen acres c| land, as the same is laid down and delineated on the said maj or chart hereunto annexed. Habendum, to parties of the second part as joint tenants. Catharine Kelly died July 3d, iSoo, leaving her husbam Charles Kelly and three daughters her surviving — Catharine, wife of Francis Feitner ; Barbara, wife of Isaa Leggett ; Mary, wife of Francis Child, Junior, Charles Kelly divided the tract so vested in him into six lots three fronting on the Bloomingdale Road, and three fronting or Verdant Lane. Two of these lots he conveyed to each of hi, three daughters above named. Title to Lot Number One. A small strip along the Northerly side of this lot appears t( have been conveyed by deed recorded in Liber 67 Conveyances page 98. See remarks thereon, post page 169. DEED. Charles Kelly J Dated 17th Nov., 1802. to { Prov. 7th March, 1829. Francis Fitner and Cath-( Rec. 7th March, 1829. ARINE, his wife. \ 248 Conveyances, 127. / Consideration, $1. Conveys all that certain lot or parcel of land, being part the farm now occupied by, and belonging to the said Charlei THE CHARLES KELLY TRACT. 167 elly, situate, lying and being at Bloomingdale, in the Seventh ''aid of the said City of New York, on the Westerly side the Bloomingdale Road, and known and distinguished in a rtain map or chart of part of tiie said farm made by Charles )ss. City Surveyor, dated the 30th day of October, one thous- id eight hundred and one, by lot Number One, which said lot imber one, intended to be hereby granted, is bounded as fol- ws, to wit : Beginning on the said Bloomingdale Road, at the isterly corner of a road of forty feet in breadth, lately laid out, iding to the North River ; and running thence along the said loomingdale road North nineteen degrees East one hundred id forty-eight feet to the Southerly corner of Lot Number Two, inveyed by the said Charles Kelly to Francis Child, Junior, and ary, his wife ; thence North forty-four degrees twenty-five inutes West two hundred and thirty-five 'feet six inches to e land of the said Charles Kelly ; thence along the same South neteen degrees West one hundred and forty one feet three in- les to the said road leading to the North River ; thence along e said road last mentioned South forty degrees East Two indred and thirty-eight feet to the place of beginning. Con- ining about two roods and thirty-six perches of land. Francis Feitner died on 4th January, 1833, leaving Catharine sitner him surviving. She died in October, 1834. Last Will and Testament /Dated 24th Jan., 1833. of ■ > Rec. 17th Jan., 1835. Catharine Feitner. V73 Wills, 197. She directs her executors to sell the premises conveyed by e previous deed, and directs the distribution of the proceeds aong her children and grandchildren in the proportions there- named. l68 THE CHARLES KELLY TRACT. She appoints her sons Peter Feitner and Charles Feitner 1 executors. Letters testamentary were granted to both executors. S Liber 2, Letters Testamentary, page 355. The lot in question was subdivided into city lots (see m number 328), and sold by the executors pursuant to this povv Title to Lot Number Two. DEED. Charles Kelly j Dated 4th Nov., i8or fo ( Ack. 7th May, 1804. Francis Child, Jr., and Mary, /" Rec. 22d June, 1804. /it's zvifc. \ ^'J Conveyances, 98. /Consideration, $1. Conveys all that certain lot or parcel of land, being part the farm now occupied by and belonging to the said Char Kelly, situate, lying and being at Bloomingdale, in the Sever Ward of the said City of New York, on the Westerly side of t Bloomingdale road, and known and distinguished in a cert; map or chart of part of the said farm made by Charles Loss, C Surveyor, dated the thirtieth day of October, one thousand eij hundred and one, by lot Number Two, which said lot numl two, intended to be hereby granted, is bounded as follows, wit : Beginning on the said road, at the Easterly corner of number one, intended to be conveyed by the said Charles Ke to his daughter Catharine Feitner, and running thence alo the said road North nineteen degrees East one hundred a fifty feet and six inches to the Southerly corner of lot numt three, intended to be conveyed by the said Charles Kelly to 1 THE CHARLES KELLY TRACT. 1 69 Lighter Barbara Leggett ; thence North forty-five degrees est two hundred and thirty four feet, to other land of the said arles Kelly ; thence along the same South nineteen degrees est one hundred and forty-six feet and nine inches to the irtherly corner of the said lot number one, and thence along ! same South forty-four degrees twenty-five minutes East two ndred and thirty-five feet and six inches to the said place of ginning. Containing two roods and thirty-six perches of d, as by the said map or chart hereunto annexed may ap- \r. i/'erdant Lane is laid down on the map annexed to the above !d as 35 feet instead of 40 feet wide, as shown in subse- mt maps attached to deeds recorded in Liber 24S Convey- :es, page 127, and in Liber 134 Conveyances, page 370. Seven and a half feet, half of the difference in the width, is jed to each of the three lots proportionately, so as to make ;h 150 feet 6 inches wide instead of 14S feet. Lot 2, accord- ; to the above deed and map thereto annexed, covers five feet lot I, and falls short 2 feet 6 inches from reaching lot 3, as iwn on the other maps attached to the deeds above referred It is to be noted that the above deed is of an earlier date i record than the deeds of lots i and 3. DEED. ANcis Child a^id Mary, /its j Dated 3d Oct., 1808. tvi/e, ( Ack. nth Act., 1808. fo f Rec. 27th Oct., 1 8 10. John Puntzius. \ 89 Conveyances, 242. / Consideration %i. ^ONVEYS same premises upon the special trust to reconvey to d Francis Child. I/O THE CHARLES KELLY TRACT. DEED. John Puntzius to Francis Chh^d. Reconveys same premises. Francis Child and Mary, his ^ zvife, to David S. Brown. Dated 4th Oct., 1808. Ack. nth Oct., 1808. Rec. 27th Oct., 1 8 10. '89 Conveyances, 246. Consideration, $1. DEED. Dated 19th Aug., 1834 Ack. 30th Aug., 1834. Rec. 23d Sept. 1834. 317 Conveyances, 200. Consideration, $2,000. Conveys all that certain lot, piece or parcel of land situati lying and being in the Twelfth Ward of the City and County ( New York, Bounded and containing as follows, to wit : SouU easterly on the Bloomingdale Road one hundred and forty-nin feet six inches ; Northwesterly, in the rear, by other land bi longing to the said Francis Child, one hundred and thirty-foi feet ten inches ; Northeasterly partly by land belonging to Job Dusenbury and partly by land belonging to said David i Brown, two hundred and thirty feet six inches, and Southwes ei"ly by land belonging to the estate of Francis Feitner, tl ceased, and Catharine, his widow, two hundred and thirty-si feet eight inches, the same being part of the premises conveye b}' Charles Kelly by above deed. the charles kelly tract. i /i Title to Lot Number Three. DEED. harles Kelly and Cath-J Dated 4th Aug., 1798. ARINA, his ivife, f Proved i ith Mar., 1833. to f Rec. 14th March, 1833. Barbara Legget. \ 293 Conveyances, 322. / Consideration, $1. Conveys all that certain lot or parcel of land situate, lying id being at -Bloomingdale, in the Seventh Ward of the said ity of New York, bounded Easterly in front by tiie road, /^esterly in the rear by land belonging to the said Charles !elly, Northerly by land of Philip Webbers, and Southerly by md belonging to the said Charles Kelly, Containing in readth in front and rear at each end fifty feet, and in length on ich side one hundred and fifty feet. DEED. Charles Kelly j Dated i6th Nov., 1802. to f Proved i6th Feb., 18 19. SAAC Legget and Barbary,/^ Rec. 1 8th Feb., 18 19. /n's wife, \ 134 Conveyances, 370. / Consideration, Si- Conveys all that certain lot or parcel of land, being part of le farm now occupied by and belonging to the said Charles .elly, situate, lying and being at Bloomingdale, in the Seventh i^ard of the said City of New York, on the Westerly side of the loomingdale Road, and known and distinguished in a certain lap or chart of part of the said farm, made by Charles Loss, ■ity Surveyor, dated the thirtieth day of October, one thousand ght hundred and one, by lot Number Three, which said lot umber three intended to be hereby granted is bounded as fol- )ws, to wit : Beginning on the said Bloomingdale Road, at the asterly corner of lot number two, conveyed by the said Charles .elly to Francis Child, Junior, and Mary, his wife, and run- 172 THE CHARLES KELLY TRACT. ning thence along said Bloomingdale Road North nineteen (h grees East one liundred and forty-eight feet to land of Phili Webbers ; thence along the same North forty-five degrees thirt minutes West two hundred and thirty-two feet six inches t land of the said Charles Kelly ; thence along the same Scut nineteen degrees West one hundred and forty-five feet to th said lot number two ; thence along the same South forty fiv degrees East two hundred and thirty-four feet to the place of b( ginning. Containing about two roods and thirty-six perches c land, as by the map hereto annexed may appear DEED. Isaac Leggett and Barbara, J Dated 25th May, 1825. his zvife, f Ack. i6th Feb., 1826. to f Rec. 17th Feb., 1826. John H. Dusenbury. \ 201 Conveyances, y7- / Consideration, $400. Conveys all that certain lot of land situate, lying and bein at Bloomingdale in the Ninth Ward of the City of New Yorl Bounded and containing as follows, to wit: Easterly by th Bloomingdale Road seventy-eight feet, Westerly in the rear b other land of the said Isaac Leggett, fifty feet ; Northerly als by other land of the said Isaac Leggett, seventy-five feet, an Southerly by land of Francis Child and Mary, his wife, ninetj four feet, containing in breadth in front seventy-eight feet, i rear fifty feet, on the Northerly side, seventy-five feet, and the Southerly side ninety-four feet. Last Will and Testament I Dated 2Qth Dec, 1832. 0/ ) Proved 5th Man, 1833. Isaac Leggett. \ 70 Wills, 78. " First, I Will and ordain that so much of my real estate siti ated on the Bloomingdale Road as is necessary to pay the debl THE CHARLES KELLY TRACT. 173 [ may owe at the time of my decease, shall be sold at such time land in such manner as my Executrix and Executors shall think Itnost beneficial." He appoints Barbara Leggett his executrix, land John Dusenbury and Thomas I. Stevens his executors. Letters testamentary were granted to Barbara Leggett and John Dusenbury, on 5th April, 1833 (see Liber 3, Letters Tes- tamentary, page 48), and to Thomas L Stevens on 38th April, 1834, same Liber, page 210. Barbara Leggett, individually, and as Executrix of Isaac Leggett ; and John Dusen- bury, Executor of Isaac Leg- gett, to David S. Brown. DEED. Dated 7th May, 1833. Proved 8th May, 1833. Rec. 8th May, 1833. 296 Conveyances, 420 Consideration, $1,600. Conveys all of lot 3, excepting the premises conveyed in previous deed. Title to Lot Number Four. DEED. Charles Kelly J Dated 29th Mar., 1804. to f Ack. 7th May, 1804. Francis Child, Junior, «;z^/ Rec. 22d June, 1804. Mary, hiszvife. yGy Conveyances, loi. /Consideration $1. Conveys all that certain lot or parcel of land situate, lying and being in the Ninth Ward of the City of New York, and is known and distinguished in a certain Map or chart of the farm 174 THE CHARLES KELLY TRACT. of the said Charles Kelly made by Charles Loss, City Surveyor i dated third day of March instant, by lot Number Four, and i;| bounded and contains as follows, to wit: Beginning on th(| Northerly side of a road of forty feet in width, lately openedT leading from the Bloomingdale Road towards the North River 1 at the Westerly corner of a lot of land lately conveyed by th(' said Charles Kelly to Francis Feitner and Catharine, his wife distinguished in the said map by the number one, at the dis- tance of 23S feet from the said Bloomingdale Road, and running from thence along the said road leading towards the North Rive' North forty degrees West nine chains and eighty-one links to ; lot of land distinguished in the said map by the number five, in tended to be conveyed by the said Charles Kelly to Isaac Leg gett and Barbara, his wife ; thence along the same North fift} degrees East four chains and eighty links to land belonging tc Philip Webbers ; thence along the same South forty-five de grees thirty minutes East seven chains and eight links to a lot land distinguished in the said map by the number three, lately conveyed by the said Charles Kelly to the said Isaac Legge and Barbara, his wife ; thence along the same and along a lo of land distinguished in the said map by the number two, lately conveyed by the said Charles Kelly to the said Francis Child Junior, and Mary, his wife, and along the said lot of land num ber one South nineteen degrees West six chains and twenty-fivi links to the place of beginning. Containing four acres one rooi and twenty-nine perches of land. Habendum as tenants in com mon, reserving a life estate to said Charles Kelly. \ DEED. Francis Child and Mary, his) .^Ifg f Dated 3d Oct., 1808. y Ack. nth Oct., 1808. ( Rec. 27th Oct., 1 8 10. John Puntzius. ASq Conveyances, 242. /Consideration, $1. Conveys lots two and fom- upon the special trust to reconve to said Francis Child. THE CHARLES KELLY TRACT. 175 John Puntzius to Francis Child. DEED Dated 4th Oct., 1808. Ack. nth Oct., 1808. Rec. 27th Oct., 1 8 10. 89 Conveyances, 246. Consideration, $1. >NVEYS said lots numbers two and four, i'rancis Child died in October, 1834. Last Will and Testament of Francis Child. Dated ist Dec, 1826. Proved 29th Oct., 1834. 73 Wills, 143. jives to his wife Mary, during her life, the rents and profits ill his estate, both real and personal, for her support and that his children, in lieu of dower. After her decease or remar. ^e, he gives one fourth of his said estate to his son John ild in fee. Devises to his daughter Jane, wife of Thomas oodward, one fourth, during the term of her natural life, re- inder, on her decease, unto her lawful issue in fee, and in aultofsuch issue to the rest of his children. Devises one rth to his son Abraham Child in fee. He devises the re- ining fourth to his daughter Caroline Frances Child, during , remainder to her lawful issue in fee, and in default of such ae to the rest of his children. He further provides that if he ^e any other children by his said wife, such child shall have equal share with his other children. lohn Child, the son of the testator, died before his father, in- cate and without issue. IVbraham Child, the other son of the testator, died in April, Hl^, intestate and without issue. 1/6 THE CHARLES KELLY TRACT. Caroline Frances Child, a daughter of the testator, interm ried with Joseph W. Savage. She died on 3ist June, i8. leaving her surviving tvv^o daughters, Josephine W. Savage a Caroline Frances Savage, her only children. After the making of the will, and before the death of the t tator, a daughter named Mary Child was born to the s; Frances ('hild. She intermarried with Henry L. Parsons, 1 2th March, 1844, and died intestate February 17th, 18. leaving her surviving her daughter, Josephine Parsons, her 01 child and heir-at-law. Before her marriage, she entered ii the following ante-nuptial settlement : Henry L. Parsons, of \ St part ^ Mary Parsons, of 2d part, John T. Brown and Lucian F. Wheeler, of 'i^d part. DEED. Dated 24th April, 184 Ack. 24th April, 184^ Rec. 24th May, 1844. 450 Conveyances, 106 Recites that Mary Parsons, then an infant of 16 years, is titled to a certain share in the estate of her father Francis Chi and that it is the intention to settle all such estate to the s and separate use of the said Mary Parsons, with power to ( pose of the same by deed or will, and so that the same may free from debts and control of her husband, and in default such appointment may descend to her right heirs. Henry L. Parsons covenants that he and his said wife, soon as she attains her majority, will settle and assure all real estate to her separate use in the manner thereinbefore cited, and that she shall enjoy the same in like manner until execution of the formal settlement. THE CHARLES KELLY TRACT, 177 y an order of the Court of Chancery, entered on 27th Octo- 1S45, Joseph W. Savage and Mary Child weie substituted ustees in place of Brown and Wheeler. ine Woodward, a daughter of the testator intermarried first 1 Thomas Woodward, whom she survived. She intermar- afterwards with Stephen Reed on 17th September, 1846. \ DEED. Stephen Reed, J of 1st parti I Dated 15th Sept., 1846. Jane Woodward, [ Proved 15th Sept., 1846. of 2d part J Rec. 15th Sept., 1846, Lucas Parsons, V 477 Conveyances, 480. of '^d part. I Consideration, $1. ECITES will of Francis Child, and that a marriage is shortly )e solemnized between the said Stephen Reed and Jane Ddward. me Woodward, with consent of Stephen Reed, conveys to as Parsons all her interest in her father's estate. In trust to ive the rents and profits, and apply the same to the use of J Woodward. The said Stephen Reed relinquishes all right :e said estate. efore the execution of the above deeds, on or about the 15th ''ebruary, 1840, Mary Child had filed a bill in the Court of ncery against Thomas Woodward and others, for the con- ction of the will of Francis Child, and for a partition of his te. A decree was enrolled in said cause on nth November, ), partitioning the said estate. 178 THE CHARLES KELLY TRACT. IN CHANCERY, Before the Chancellor. Stephen Reed and Jane, his wife, and LucAS Parsons, her Trustee, ■ Mary Child, Josephine Par-^ SONS and Henry L. Parsons,! Josephine W. Savage, Jo-' SFPH W. Savage and Car- oline Frances Savage. 1847-^March 33. Bill filed to review and set aside the pr ceding decree, on account of errors ar irregularities, and a mistake as to interes of Jane Reed. April 15. Order appointing Elijah Ward guardian c litem of Josephine Parsons, an infant u der 14, on petition of her father. 1847 — April 17. Order appointing Jared Sparks, guardian c litem of Josephine W. Savage and C"a oline Frances Savage, infants under 14, ( petition of their father. Oct. 9. Answers of all said infants filed. Oct. 9. Answer of Mary Child filed. Oct. 9. Answer of Henry L. Parsons filed. Oct. 9. Answer of Joseph W. Savage filed. Oct. 9. Replications to said answers filed. 1848 — July 28. Order of reference to Murray Hoff'man. THE CHARLES KELLY TRACT. 1 79 549 — July 3. Referee's report filed — decides that the pro- ceedings in the above suit, from and after the order of reference therein, are inoper- ative and void, and are hereby set aside, and then adjudges the various interests of the parties, and dismisses so much of the bill as asks for a partition. Feb. 3. Judgment entered accordingly. March 7. Decree enrolled. [ary Child, z£/zV(?7e'^/ Francis Child, ' DEED. .NE Reed and Lucas p^rJ ^^^^^^ 23d March, 1849. SONS,/..r Trustee; Josephine/ ^''"^^^^ ^^^ ^^'- '^49- PARSONS, JOSEPHINE W. SaV-I ^^^^^ ^^^^^ ^^^''^ ^^49- age and CAROLINE Frances\5'7 Conveyances, 298. Savage Consideration, $i. Recites the preceding decree, and in pursuance thereof con- ;ys all the estate, right, title and interest whatsoever that she is, takes or claims, under and by ^virtue of the last will and tes- ment of the said Francis child, deceased, or by force of law^, as e widow of the said Francis Child, deceased, or under and by rtue or reasonof the death of Abraham Child, deceased, intestate id without issue, one of the children of the said Mary Child, irty of the first part, and the said Francis Child, deceased, or in ly other manner whatsoever, of, in and to said lot four in lestion. l8o THE CHARLES KELLY TRACT. N. Y. SUPREME COURT. Stephen Reed «;«,^ Jane Reed, his wife, and LucAS PARSONS, her Trustee, vs. Mary Child, Joseph W. Sav- age, Henry L. Parsons, | Josephine Parsons, Jose- phine W. Savage and Car- oline Frances Savage. 1849 — April 17. Petition for partition filed. April 17. Order appointing Jared Sparks guardian foi Josephine Parsons, Josephine W. Savage and Caroline Frances Savage, on petition of their respective fathers. April 20. Mary Child, Joseph W. Savage, Henry L. Parsons and Jared Sparks, guardian as aforesaid, were served with copy of the petition and notice of its presentation at Special Term, on 4th June, 1849. June 4. Order that defendants appear and answer. July 16. Answer of said infants, Josephine Parsons, Josephine W. Savage and Caroline Frances Savage, filed. 1850 — Feb. 4. Order entered by the General Term that the appeal taken by said infants from the judg' ment rendered in previous suit be dis missed, except as to the question whethei said infants took an absolute or determin able fee in estate of Francis Child. THE CHARLES KELLY TRACT. l8l Feb. 9. Order that the above answer of said infants be withdrawn and the usual general an- swer be put in. Feb. 16. General answer of said infants filed. March 4. Order of reference to Murray Hoffman, on title, etc. Oct. 5. Report filed. Oct. 5. Judgment of partition entered ; Murray Hoff- man, Thomas Addis Emmet and Benjamin F. Goodspeed, appointed commissioners of partition. 51 — Feb. 26. Report of Commissioners filed. I57 — Feb. 36. Final judgment of partition entered; leave is given to parties to apply for leasing, mort- gaging or selling their property to pay in- cumbrances, which was done in case of lots 27, 52, 53 and 54. The Commissioners set apart to Jane Reed and Lucas Par- iis, her trustee, in fee, lots i, 2, 3, 4 ; and to Jane Reed, for 3, lots 14 to 27, 52, 53 and 54. They set apart to Josephine irsons, in fee, lots 5, 6, 11, 12, 13, 42 to 51, 32, 28, 59 to 65, ley set apart to Josephine W. Savage, lots 7 and 8 in fee nple, and lots 33, 34, 35, 29, 30, 31, 57 and 58 in fee deter- inable in case she and her sister both die under age and with- t issue. They set apart to Caroline Frances Savage lots 9 d 10 in fee simple, and lots 36 to 41, 55 and 56 in fee deter- inable in case both she and her sister die under age and with- t issue. 1 82 the charles kelly tract. Title to Lot Number Five. DEED. Charles Kelly y Dated 29th Mar., 1804. to f Ack. 7th May, 1804. Isaac Legget and Barbara, /Rec. 26th Feb., 1805. his wife, \ 69 Conveyances, 96. y Consideration, $1. Conveys all that certain lot or parcel of land situate, lying anc being in the Ninth Ward of the City of New York, and i: known and distinguished in a certain map or chart of the farti of the said Charles Kelly, made by Charles Loss, City Surveyor dated the third day of March instant, by lot number Five, aiK is bounded and contains as follows, to wit : Beginning on th( Northerly side of a road of forty feet in width lately opened leading from the Bloomingdale Road towards the North River at the Westerly corner of a lot of land distinguished in the sai< map by the number Four, intended to be conveyed by the sai( Charles Kelly to Francis Child, Junior, and Mary, his wife, an( runs from thence along the said road leading towards the Nortl River, North forty degrees West ten chains and twenty-nim links to a lot of land distinguished in the said map by the nam ber Six, intended to be conveyed by the said Charles Kelly t Francis Feitner and Catharine, his wife ; thence along the sami North fifty degrees East, three chains and seventy-five links i land belonging to Philip Webbers ; thence along the same Soutl forty-five degrees thirty minutes East ten chains and thirty-twi links to the said lot number four; thence along the sam South fifty degrees West four chains and eighty links to th place of beginning. Containing four acres, one rood and twen ty-nine perches of land, as by the said map hereunto annexei may appear. Habendum, as tenants in common, reservin: a life estate to said Charles Kelly. THE CHARLES KELLY TRACT. 1 83 Last Will and Testament j Dated 29th Dec, 1832. 0/ > Proved 5th March, 1 833. Isaac Leggett. \ 70 Wills, 78. ?iist, I will and ordain that so much of my real estate, situ- d on the Bloomingdale Road, as is necessary to pay the debts lay owe at my decease, shall be sold at such time and in such a nner as my executrix and executors shall think most beneficial, i in case the said property on the Blomingdale road is not suffi- nt for the purposes above mentioned, then such other part of r property shall be disposed of as shall be necessary to liquidate my debts. Secondly, all the residue and rest of my estate th real and personal. I give and bequeath to my beloved wife ring her natural life, the income thereof to be employed un- r the direction of the said Barbara and my executors in main- niiig and educating my children who are under the age of enty-one years. Thirdly, I ordain that after the death of my d wife, that each of my children, on their arriving at the age twenty-one years, with the exception of my daughter Sally isenbury, who has already received of me two lots on the oomingdale Road, shall each receive one lot of ground, out of y property situated on the Eighth Avenue, as an equivalent r those given as above mentioned to my daughter Sally. )urthly, I do ordain that after the above sale and apportion- 2nt of my property is made, that all the residue and remain- r of my estate, both real and personal, shall be equally di- led among all my children, without exception, or their law- i heirs. Fifthly, I do hereby constitute and appoint my wife, ubara Leggett, executrix, and John Dusenbury and Thomas 'Stevens executors, of this my last will and testament. Letters testamentary were granted to Barbara Leggett and ihn Dusenbury on 5th April, 1833 (see Liber 2 Letters Testa- 1 84 THE CHARLES KELLY TRACT. mentary, page 48), and to Thomas I. Stevens on 28th April, 1834 (same Liber, page 210.) The executors caused a map to be made of this property which is on file in New York Register's office, in Case number 71- Verdant Lane is located thereon a little too far North, the difference between that and the real line is shown on map, ante page 159. Barbara Leggett, widow and executrix, conveyed cer- tain lots to each of testator's children, viz : Lots 8, 18, 19, 41, 42, 32, 61, and 66 to Charles Leggett, in 314 Conveyances, 356, Lots 4, 10, II, 28, 49, 50, 63, and 67 to Henrietta Leggett, in 312 Conveyances, 595. Lots 3, 20, 21, 39, 40, 51 and 58 to William V. Leggett, in 312 Conveyances, 596 (see also 382 Conveyance , 386, and 384 Conveyances, 3S4.) Lots 2, 24, 25, 35,36,53 and 56 to Tamer V. Leggett, in 312 Conveyances, 597. Lots 5, 12, 13, 29, 47, 48 and 64 to Barbara Ann Leggett, in 312 Conveyances, 598. Lots 22, 23, 37, 38, 52 and 57 to John H. and Sarah Dusenbury, in 315 Conveyances, 488, and in 344 Conveyances, 108. Lots 6, 26, 27, 33, 34, 54 and 55 to Robert and Jane C. McCord, in 316 Conveyances, 434. Lots i, 14, 15, 45, 46, 30 and 65 to Kelly Leggett, in 317 Conveyances, 274, and in 316 Conveyances, 615; and lots 7, 16, 17, 43, 44, 59 and 60 to Daniel and Mary Ann Kolb, in 320 Conveyances, 412. Title to Lot Number Six. DEED. Charles Kelly j fo f Dated 1st Nov., 1805. ^ .^ AAck. 31st March, 1806. Catharine Feitner, ivife ^/( Rec. 7th March, 1829. Francis Feitner. \ Liber 248. p. 125. / Consideration, $1. Conveys all that certain lot or parcel of land situate, lying and being in the Ninth Ward of the City of New York, and is THE CHARLES KELLY TRACT. 1 85 wn and distinguished in a certain map or chart of the farm :ie said Charles Kelly, made by Charles Loss, city surveyor, :d the Third day of March, One thousand eight hundred and , by lot Number Six and is bounded and contains as follows, rit: Beginning on the Northerly side of a road of forty feet ridth lately opened leading from Bloomingdale road to the th or Hudson River at the Westerly corner of a lot of land nguished in the said Map by the number five, lately con- ;d by tlie said Charles Kelly to Isaac Legget and Barbara, ivife, and runs from thence along the said road leading to North or Hudson River North forty degrees West fifteen ns and thirty-eight links to land lately belonging to Medcalf n and novv^ belonging to John Jacob Astor ; thence along same North seventy-seven degrees thirty minutes East two ns and fifty-two links to land belonging to Philip Webbers ; ce along the same South forty-five degrees thirty minutes fourteen chains to the said lot Number Five ; thence along lame South fifty degrees West three chains and seventy-five > to the place of beginning. Containing four acres, one and twenty-nine perches of land. gserving a life estate to the said Charles Kelly, itharine Feitner died in October, 1834. Lasi Will and Testament /Dated 24th Jan., 18 ^/ > Proved 24th Nov., 1834 Catharine Feitner. 173 Wills, 197. "ter directing the sale of large lot i , of this tract and the :bution of the proceeds, the testatrix provides as follows ; o give and devise all my real estate, except the house and 1 86 THE CHARLES KELLY TRACT. lot at Bloomingdale, before directed to be sold, as follows, vii I give and devise one equal eighth part of the same to each my children, Charles Feitner, Peter Feitner, Hannah Feitiie George W. Feitner, Daniel Feitner and Catharine Aim Feitn and their heirs forever. Eighth : I do give and devise to tl children of my said daughter, Elizabeth Ackerman and sue other children as she may have and their heirs forever, oi equal eighth part of the said real estate, but during the life said daughter Elizabeth, she is to have the charge and manag ment thereof, and is to receive the rents and income thereof ( her sole and separate receipt free from the control of her husbai or any other person, to be applied by her to the support of lit self and her children. Ninth: I give and devise to the childn of my son Francis Feitner and such other children as he ni have and their heirs forever, the remaining eighth part of sin real estate as aforesaid." She appoints Francis guardian of li children, with power to receive income during his life ai apply the same to support of his children. She also directs follows : " That my executors or the survivor of them sh forthwith after my decease apply to the Court of Chancery the State of New York for the appointment of commissions who shall under the direction of the said Court make partitii or division of my real estate into so many equal parts or shai as shall be necessary to carry into effect this will." S appoints Peter Feitner and Charles Feitner her executors. Letters testamentary were issued to both. See Lib£r 2 L ters Testamentary, 355. THE CHARLES KELLY TRACT. IN CHANCERY. Before Vice Chancellor. 187 CARLES Feitner and Peter Feitner, Executors, etc, of Catherine Feitner, deceased. vs. eorge Feitner and Elsey, his wife ; JOHN CORNISH and Hannah, his zvife; Balaam 1 Ackerman and Elizabeth, Jns zvife; Daniel Feitner, Catharine Ann Feitner, John Francis Feitner, Francis Feitner, Junior, Francis Woodruff and Catharine Ann Woodruff. )35 — April 24. Bill for partition filed. Aug. 15. Order pro confesso vs. Balaam Ackerman, Elizabeth Ackerman and Francis Feitner, Junior, on default of appearance. Aug. 23. Order appointing James R. Whiting, guardian ad litem of Daniel Feitner, Catherine Feitner and Francis Woodruff, infants over age of 14 years, on their petition, and of John Francis Feitner, an infant under 14 years, on petition of his father, and of Catharine Ann Woodruff, an infant under 14 years, on petition of her mother. Aug. 25. Answers of said infants filed. Sept. 9. Order pro confesso vs. George Feitner and wife, and John Cornish and wife, on con- sent of John L. Riker, their solicitor. 1 88 THE CHARLES KELLY TRACT. > 1835 — Sept. 12. Reference to Thomas Addis Emmet, Junior on title, etc. | Oct. 13. Report on title filed. Nov. 9. Decree of partition filed. Isaac AdrianceJ Andrew McGown and Aaron Clarj appointed commissioners. 1836 — Feb. 22. Report of commissioners filed. Feb. 22. Final decree filed. April 13. Decree enrolled. The commissioners set apart to Charles Feitner lots 14, 15 16, 36, 37, 38, 47, 48, 51 and 71. To Peter Feitner lots 64, 65 66, 67, 68, 72, 73 and 74. To George Feitner lots 11, 12, 13 33' 34» 35' 55» 5^, 57 ^"^1 63. To Hannah Cornish lots 20, 21 22, 23, 24, 42, 43, 44, 45, 46 and 50. To Daniel Feitner lots 6 7, 28, 29, 58, 59, 60, 61 and 62. To Catherine Ann Feitne lots I, 2, 3, 4, 5, 25, 26, 27, 69 and 70. To Elizabeth Acker man and her children lots 17, 18, 19, 39, 40, 41, 49 and 54. Tc John Francis Feitner and other children of Francis Feitner Junior, lots 8, 9, 10, 30, 31, 32, 52 and 53. ^/fe^. ^^. L L Philip Webbers. Consideration, $i. I Co Conveys all the estate, right, title and interest, claim and de- and whatsoever, both at law and in equity, of them and each u O or THE LANDSOr PHILIP WEBBER HE PHILIP WEBBERS TRACT. rhe early title to this tract, prior to the following deed, is )wn in that of Charles Kelly, ante pages 159 to 165. DEED. lARLES Kelly and Cath- arine, his ivife, I Dated 12th June, 1792. io > Not recorded, but [ILIP Webbers and Eliza-1 Recited in following BETH, his ivife, 1 Deed. Conveys the Northerly moiety of said tract. DEED. CARLES Kelly, Francls Feitner aiid Catharine, his /Dated 3d Jan., 1820. wife; Isaac Leggett ^;/^| Ack. 4th Jan., 1820. Barbara, his zvife ; Francis \ Proved 5th Jan., 1820. Child a7id Mary, his wife, / Rec. 5th Jan., 1820. to \ 141 Conveyances, 174. Philip Webbers. I Consideration, $i. Conveys all the estate, right, title and interest, claim and de- ind whatsoever, both at law and in equity, of them and each O or THC LANDSOr PHILIP WEBBER otcD. Ob A'}ohiui -Afnn. <:AioctA^ im. 6«^ (vVlt/nvfev ££♦- ^.y.CAJaci^cu CJJIm- I 190 THE PHILIP WEBBERS TRACT. of them, the said parties of the first part, of, in, to or out of al] that certain lot, piece or parcel of land situate in the Ninth Ward of the City of New York, at Bloomingdale, boundecj Easterly by the Bloomingdale Road, Westerly by the Eightl, Avenue, Northerly by land now or late belonging to the estate John Home, deceased, and Southerly partly by land conveyed t( the said Isaac Leggett by Esther Gomez, and partly by lane lately conveyed by the said Charles Kelly to the said Franci: Child and Mary, his wife. And also all that other certain lot piece or parcel of land situate at Bloomingdale, aforesaid, ir the said Ninth Ward of the City of New York, bounded East erly by the said Eighth Avenue, Westerly in the rear by lane now or late belonging to the estate of John Hopper, deceased and partly by land lately conveyed by the said Charles Kelly t( the said Francis Feitner and Catharine, his wife, and partly bj land lately conveyed by the said Charles Kelly to the saic Isaac Leggett and Barbara, his wife, which said two lots o land above described and hereby released, being pai-ts of a car tain lot of land No. 2 (number two), on a certain map mad( thereof by Casimer Th. Goerck, conveyed to the said Philli} Webbers and Elizabeth, his wife, by the said Charles Kelly ant his said late wife, Catharine, in and by a certain deed of par tition bearing date the twelfth day of June, one thousand seve: hundred and ninety-two, which said deed of partition the sai< Phillip Webbers says he has lately been robbed of, and thi present writing is given in consequence thereof. Phillip Webbers conveyed small portions of the tract thu vested in him, by various deeds hereinafter set forth. The loc:i tion of the pieces thus conveyed is shown on map, ante page i8l THE PHILIP WEBBERS TRACT. I9I DEED. HLiP Webbers and Eliza- i Dated 20th Nov., 1801. BETH, his luife, T Ack. 24th Nov., 1801. to /Rec. i8th April, 1825. Esther Gomez. V 189 Conveyances, 237. / Consideration, $420. Conveys all that certain piece or parcel of land situate, lying d being in the Seventh Ward of the said city, Bounded as lows, to wit : Beginning on the West side of Bloomingdale )ad, at the Northeast corner of Jonathan Hartman's lot, and nning thence North fifty-nine degrees West one chain and y-two links along said Hartman's Northerly bounds to a lall apple tree ; thence South thirty-four degrees West thirty- jht links along the rear of said lot to Charles Kelly's North e ; thence North forty-one degrees West seven chains and renty-five links along said Kelly's North line opposite to an pie tree ; thence North thirty-eight degrees East thirty-six iks to and including said apple tree, thence South fifty-two grees East eight chains and sixty links to the said Blooming- le Road ; thence South sixteen degrees West one chain sixty- ^^en links along said road to the place of beginning. Con- ning one acre and one-twentieth part of an acre, as in and by :ertain map or survey thereof, done by Evert Bancker, Junior, ty Surveyor, dated the iSth November, iSoi.j DEED. Dated i6thjan., 1804. Esther Gomez I Proved i6th Jan., 1804. io > Rec. 26th Feb., 1805. Isaac Legget. \ 69 Conveyances, 93. Consideration, $600. Conveys same as preceding deed. 192 THE PHILIP WEBBERS TRACT. DEED. Isaac Legget a7id Barbara, his wife, to Charles Roe. Dated 15th April, 182; Ack. 15th April, 1825. Rec. 20th April, 1825. 189 Conveyances, 278. Consideration,$ 1,500. Conveys same premises. Philip Webbers and Eliza- beth, Jiis wife, to Jonathan Hartman. DEED. Dated i8th May, 1807. Ack. loth June, 1807. Rec. nth Jan., 1832. 281 Conveyances, 38. Consideration, $312.50 Conveys all that piece or parcel of ground and premises siti ate, lying and being in the Ninth Ward of the City of Ne York, fronting Easterly on the road called Bloomingdale Roa^ Southerly joining a lot belonging to Isaac Leggett, Wester and Northerly by land belonging to the said Philip Webber ar Elizabeth, his wife, which said piece of ground is in front fif feet, in the rear twenty-five feet, and in length on the North sic one hundred and fifteen feet, and on the South side one hui dred feet. DEED. Jonathan Hardman and Sarah, his wife, to Philip Webbers. Dated 4th March, 182c Ack. 4th March, 1820. Rec. 4th March, 1820. 142 Conveyances, 120. Consideration, $250. Conveys same premises. THE PHILIP WEBBERS TRACT. I93 DEED. Dated 29th March, 1825. Philip Webbers t Ack. 29th March, 1825. ^^ > Rec. 29th March, 1 825. Jonathan Hardmann. V 186 Conveyances, 355. Consideration, $250. Conveys all that piece or parcel of ground and premises situ' 2, lying and being in the Ninth Ward of the City of New Drk fronting Easterly on the road called Bloomingdale Road, •utherly, Westerly and Northerly joining lands belonging to lac Leggett, which said piece of ground is in front fifty feet, rear twenty five feet, in length on the North side one hundred ;t, and on the South side one hundred and fifteen feet. DEED. 3ILIP Webbers and ElzaJ Dated nth Sept., 1819. BETH, /its wife, f Ack. i ith Sept., 18 19. to /Rec. nth Sept., 1819. William Stratton. \ 139 Conveyances, 291. / Consideration, $300. Conveys all that certain lot, piece or parcel of land situate, ng and being at Bloomingdale, in the Ninth Ward of the City New York, beginning on the Northwesterly side of the ghth Avenue, adjoining the land late belonging to Charles illy, and lately conveyed by him to Isaac Leggett and Bar- ra, his wife ; running thence along the same North forty- e degrees thirty minutes West one hundred and thirty-four it ; then along other land belonging to the said Philip Web- rs North thirty-three degrees thirty minutes East thirty feet ; ;nce along the same South fifty-six degrees thirty minutes st eleven feet four inches ; thence along the same North rty-three degrees thirty minutes East fifty-five feet ; thence 194 THE PHILIP WEBBERS TRACT. along the same South fifty-six degrees thirty minutes East on( hundred and twenty feet eight inches to the said Eighth Ave nue, and thence along the same South thirty-three degrees thir ty minutes West one hundred and fifteen feet to the place of be ginning. DEED. Philip Webbers and Eliza- y Dated 9th Sept., 1820. BETH, his tvife, ( Ack. 9th Sept., 1820. ^o f Rec. 9th Sept., 1 820. Samuel A. Savage. \ 146 Conveyances, 230. J Consideration, Rent. Conveys all that certain lot or parcel of land situate, lying anc being on the Northwesterly side of the Eighth Avenue (near!) Northwest from the said four-mile stone on the Bloomingdah Road), in the Ninth Ward of the said City of New York, being part of the lands of the said Philip Webbers and Elizabeth, hi: wife, on the Northwesterly side of the said avenue, which said lo or parcel of land intended to be hereby granted, is bounded, de scribed, and contains as follows, to wit : Beginning on the North westerly side of the said Avenue one hundred and fifteen fee Northeasterly from a point where the line of the lands of th( said parties of the first part touches the same, and running alon| the Northwesterly side North thirty-six degrees and one-eightl of a degree East fifty feet ; thence North fifty-three degrees anc seven-eighths of a degree West one hundred and fifty-feet thence South thirty-six degrees and one-eighth of a degi^ee Wes fifty feet, and then South, fifty-three degrees and seven-eighth: of a degree East one hundred and fifty feet to the place of he ginning, as by the map hereunto annexed will more fully ap pear. Reserving rent of $20 during lives of grantors and thf survivor of them. THE PHILIP WEBBERS TRACT. I95 DEED. Philip Webbers and Eliza- i Dated 24th July, 1821. BETH, his tvife, \ Ack. 24th July, 1821. to / Rec. 24th July, 1821. William Waite. \ i53 Conveyances, 429. ^___ / Consideration, $300. Conveys all that certain lot of ground situate, lying and being at Bloomingdale, in the Ninth Ward of the City of New York, Bounded and containing as follows, to wit : Beginning on the Easterly side of the Eighth Avenue, at the Northerly corner of land late belonging to Charles Kelly, and now belonging to Francis Child, running thence along the said Eighth Avenue North thirty-three degrees thirty minutes East eighty-two feet ; thence along other land of the said parties of the first part South fifty-six degrees thirty minutes East one hundred and sixty-six feet ; thence along the same South thirty-three degrees thirty minutes West seventy-three feet to land of Isaac Leggett ; thence along the said last mentioned land North fifty-six degrees West one hundred and sixteen feet ; thence along the same Souih thirty-three degrees West twenty-three feet to the land first mentioned, and thence along the same North forty-one de- grees thirty minutes West fifty-two feet to the place of beginning. DEED. Dated 27th April, 1825. Philip Webbers I Ack. 28th April, 1825. to > Rec. 28th April, 1825. Catharine Stratton. \ 189 Conveyances, 411. Consideration, $20. Conveys all that certain piece or parcel of land situate at Bloomingdale in the Ninth Ward of the City of New York, beginning at the Westerly corner of a certain lot of land lately 196 THE PHILIP WEBBERS TRACT. conveyed by the said Philip Webbers to the said William Strat- ton in his lifetime ; running thence Northwesterly along land late of Charles Kelly, now of Isaac Legget and Barbara his wife twenty feet ; thence Northeasterly along other land of the said Philip Webbers and parallel with the Eighth Avenue seventy-eight feet ; thence Southeasterly along land of Samuel Savage thirty feet ; thence Southwesterly along the said lot of land conveyed to the said William Stratton as aforesaid fifty-five feet ; thence Northwesterly along the same eleven feet four inches ; thence Southwesterly along the same thirty feet to the place of beginning. Philip Webbers conveyed the residue of the tract to his daughters and grand-daughters by the following deed. Philip Webbers to Sarah Hardman, wife ^/Jona- than Hardman, Letty Sav- age, wz/>^/ Samuel Savage, 1 DEED. Dated 12th April, 1825. Catharine Stratton, Mar- lAck. 12th April 1821;.' GARET WaITE, ELIZABETH LowERY, Frances Vidal, wife of John Vidal, Miss Maria Webbers, Margaret Webbers, widow of John Webbers ««<^ Letty Hughes. Rec. 29th April, 1825. 191 Conveyances, i. Consideration, $1. Recites that Sarah Hardman, Letty Savage, Catharine Stratton, Margaret Waite, Elizabeth Lowery, Frances Vidal and Maria Webbers are daughters of Philip Webbers, that Margaret Webbers is the widow of John Webbers, a deceased son of Philip Webbers, and Letty Hughes is the grand-daughter of said Philip Webbers. THE PHILIP WEBBERS TRACT. I97 Conveys all and singular the tenements and hereditaments, including the messuage on which the said party of the first part now resides and dwells at Bloomingdale aforesaid. On condition " that if the said Letty Hughes shall be inter- married and have a husband now living, then all the estate to her hereby granted shall cease, determine and be utterly null and void." Reserving also a life estate to said Philip Webbers and his wife if he shall hereafter marry. It is further provided that upon the death of Philip Webbers said premises shall be divided into nine equal parts, and that each of the parties of the second part shall draw for their respective parts, with the exception that the said Samuel Savage and Letty, his wife, Catharine Stratton and Margaret Waite shall reserve and retain for their fro rata proportions the pieces of land they now occupy. Philip Webbers died March 25th, 1830, without having mar- ried again. The above grantees divided the property thus vested in them by deeds to each, which are duly recorded. on tniS isiitllU IVlitllHitLLitllo lu yc i'NUiLn KJL _yc vjicat v^iccjvc yji 11 Stretching alongst ye North River five hundred rods and aning in depth into ye Island three hundred rods a line being iwn Northeast, it contains in all about five hundred acres or D hundred and fifty morgen." IJoNVEYs said premises to the patentees. The aJjove patent appears to have been revoked and the fol- jving one given in its place. THE HOPPER FARM. HE tract in question is included in the following patent. Sir Richard Nicolls, J PATENT Governor, etc., to \ Dated 3d Sept. 1667. Rec. in Sec'y of State's Office at Albany in 2 Patents 97. OMAS Hall, John Vigne, Egbert Wouters and Jacob .eanderts. Whereas there is a certain parcell of land lying and being n this Island Manhattans to ye North of ye Great Creeke or I stretching alongst ye North River five hundred rods and ling in depth into ye Island three hundred rods a line being kn Northeast, it contains in all about five hundred acres or I hundred and fifty morgen." ONVEYs said premises to the patentees. HE above patent appears to have been revoked and the fol- jiing one given in its place. Cjf. ^ , ST._ 3^ -^^^ I .-.^^SP^^^^^^^i -.o./. I . I 200 THE HOPPER FARM. Sir Ricard Nicolls, Governor etc., to Johannes Van Brugh, Thom-' AS Hall, John Vigne, Eg- bert WouTERS and Jacob^ Leanderts. PATENT. Dated jd Oct. i66; Rec. . in Secretar} State's Office at bany. 2 Patents, in. " Whereas there is a certain tract or parcel of land this Island Manhattans lying and being to ye North of ye ( Creeke or Kill, stretching in length from ye said Creeke or alongst ye river commonly called and known by ye nar Hudson's or ye North River eight hundred rods, and fror said river stretching in depth or breadth two hundred and rods." Conveys said premises to the patentees. DEED. ^RNOUT Webbers and Jan- NETJE, his wife, to John Balme. Dated 2d Nov., i/i Proved 3d Feb., 17: Rec. loth Feb., 172 31 Conveyances, 22 Consideration, £^hn Hopper became seised of said farm prior to 1759? ^s ears by deed of tract adjoining on the North, recorded in er 36, Conveyances page 46, which speaks of it as then :ed in John Hopper. Last Will and Testament of John Hopper, the Elder. Dated 12th Oct., 1778. Proved 19th July, 1779. 32 Wills, 106. give and bequeath unto my well beloved children and my ■ grand children named as following : My sons by name thaw Hopper, John Hopper, Andrew Hopper, Yellis Hop- , my daughter named Jemima Hopper, the wife of John rn, and names of my four grand-children named Mary Hop- I Ann Hopper, John Hopper and Nicholas Hopper, the dren of my son Wessell Hopper, deceased, all and singular fiy lands and tenements situate of the outward of the City County of New York, together with all my moveable estate, iiem and their heirs and assigns forever, to be divided in the mer hereinafter mentioned. First : I will and order all my Is situate in the outward of the City of New York to be 202 THE HOPPER FARM. divided into six equal lotts or parts with the improverm thereon to be numbered One, Two, Three, Four, Five and S on a chart or map to be made thereof, and it is well km that one lot or parcel of ground when divided into six e( parts will not be of equal value with another lott ; agreeabl the true intent and meaning of this devise or present writ Therefore I will and order that the devisees, their heirs assigns for them do unanimously agree upon the value division thereof, and that my executors do nominate and app three men of good understanding and judgment in lands tenements that are in no ways interested in the estate, to appr and value each particular of ground with the improvem thereon and affix, ascertain the value or price of each lot to number thereof. That thereby that each and every of the visees, their heirs and assigns for them, may be bound to 1 any of the said lots at the price annext to, and the Inheri of those lots of greater value, their heirs, assigns or gi dians, shall, within one month after a division thereof, to the Inheritors of those lots of lesser value a proport able sum of money, so as to make the six lots equal in va agreeable to the appraisement, as is before directed, and that six tickets, prepared and numbered with the number the said six lots, under the inspection of the three persons pointed by my executors to appraise and value the said six 1 of ground, at which time the said six devisees, their heirs assigns, or guardians for them, are each to draw one ticket, the number thereon shall be the number of the lott that h she shall inherit by the devise. My will is that my four grandchildren before mentioi the children of my Wessell Hopper, deceased, shall only be titled to one of the six lots of ground amongst them four ani divide the same share and share alike when the youngest s be of full age of twenty-one years, and their guardians may bound as one for them in the before-mentioned six lots of groi GENERAL EARLY TITLE. 203 My will is also that there be and remain a free and good cart id or waggon road frorn Hudson's river to the Commons, aning through each and every of the said lotts of ground, lich said lotts Road shall always be and remain free for any either of them the possessors of any or either of said lotts of Dund, to pass and repass without any hindrance, denial of any the possessor or possessors of any of said lotts. On 4th February, 1782, agreement was entered into between atthew Hopper, of 1st part; John Hopper, of 2d part; idrew Hopper, of 3d part; Yellis Hopper, of 4th part; John Dpper, of 5th part, Ann Hopper, mother and guardian of Ann Dpper ; John Hopper and Nicholas Hopper, of 6th part, and iwrence Allwye, of ytli part, by which said devisees agreed to /ide the farm in question into twelve lots, six on each side of = Bloomingdale Road, specifying which two lots shall go to- ther on the division. It was thereby further agreed that the rying ground on lot 2 on the West side of said road, should main a family burying ground forever, and in case of a future ie of said lot should be reserved in the deed. This agreement IS proved on iSth February, 1782, and recorded in Secretary State's office at Albany, in Liber 21 Deeds, page 149, on 25th sbruary, 1782. Pursuant to this agreement, on a division of said lots by ballot, t I on East side of the Bloomingdale Road, and lot 3 on West le fell to Andrew Hopper, lot 2 on East side and 4 on est side fell to Yellis Hopper, lot 3 on East side and 2 on est side fell to Matthew Hopper, lot 4 on East side and i on est side fell to John Home, lot 5 on East side and 5 on West le fell to children of Wessel Hopper, lot 6 on East side and 6 West side fell to John Hopper. This division was ratified by deeds of partition executed to ch devisee. These deeds will be hereinafter set forth in 204 THE HOPPER FARM. giving the separate titles to the several lots. Lots 1,2, anc on the East side of the Bloomingdale Road compose what hereinafter designated as the Andrew Hopper Piece. L 4 and 5, on the East side of said road compose the Jar Meinell Piece. Lot i, on the West side of the said road, c stitutes the John Horn Piece. Lot 3, on the West side of s road constitutes the Gertrude Cutting Piece. Lots 2, 4, 5, j 6, on the West side of said road, together with lot 6 on East side thereof, compose the Striker and Mott Pieces. Th Pieces will be considered in the order above mentioned. ■ I- ■ - - iii .T33f\T ,^|^... to Andr EW Hopper. J m- art at- 2. 84. Conveys all those two certain lots belonging to said farm, nd known by the name of lot number three on the West side g o h 4 SI r 6 E P f-?Ql1 Y -1'. [HE ANDREW HOPPER PIECE. This comprises lots i, 2, and 3, on the East side of the Bloom- igdale Road. As just before shown, said lot i was set apart I Andrew Hopper, lot 2 to Yellis Hopper, and lot 3 to Mat- lew Hopper. [atthew Hopper, John Hop- per, Yellis Hopper, John HoRNE and Jemima, his zvifc; Ann Hopper, Mother and\ Guardian of Ann Hopper, | John Hopper and Nicholas Hopper, Minors ; and Law- rence Allwye and Mary,| his wife, to Andrew Hopper. DEED. Dated 15th Feb., 1782. Proved 20th Dec, 1784. Rec. 20th Dec, 1784. 42 Conveyances, 176. Consideration, 5s. Conveys all those two certain lots belonging to said farm, d known by the name of lot number three on the West side riFTY FIRST STREZET. MAP or THE. ANDRLW HOPPER TRACT. FORTY EIGHTH STREET. ?X ( Newcomb, a deceased daught THE ANDREW HOPPER PIECE. IN CHANCERY. Before the CJiancellor. 209 Jasper Hopper vs. jzABETH Hopper, Barzillai DusENBERRY and Mary, Jiis ivife; AbIJAH G. BEN- EDICT and Charlotte, his wife ; John -H. Newcomb, Charles T. Newcomb, Mary D. Newcomb, Andrew H. Newcomb, Catharine H. Newcomb, Zacheus T. Newcomb, and Sarah New- comb. 24 — June 3. Bill for partition filed. Aug. 30. Elizabeth Hopper appears by Benjamin Ferris. Sept. 20. B. Dusenberry and wife appear by same solici- tor. Oct. 15. Separate answers of said three defendants filed. Oct. 23. Filed separate answers of Abijah G. Benedict and wife, Sarah Newcomb, Catharine H. Newcomb, Andrew H. Newcomb, Za- cheus T. Newcomb, John H, Newcomb, Mary D. Newcomb and Charles T. New- comb. Oct. 23. Replications to said answers filed, Nov. 26. Order of reference to Master on title, etc. Nov. 27. Judgment of partition. Richard Riker, John Targee and John W. Wyman appointed Commissioners. 2IO THE HOPPER. FARM. 1825 — Feb. 21. Commissioners report in favor of a sale. Feb. 21. Decree of sale entered at Albany. April 25. Report of sale filed and confirmed. July 14. Decree enrolled. The Commissioners divided the property into six lots, i shown on map, ante page 205. Title to Lots i and 2. DEED. Richard Riker, John Tar- gee and John W. Wyman,/^^^^^ 2d May, 1825. Commissioners 0/ Partition, f Ack. 19th May, 1825. to ( Rec. 25th May, 1825. Elizabeth Hopper. V 190 Conveyances, 330. widoiu. ) Consideration, $3,050. Conveys all that certain messuage, or dwelling house, ai two lots or parcels of land and premises situated, lying ai being at Bloomingdale, in the Ninth Ward of the City of Ne York, being part and parcel of the farm whereof Andrew Ho per, deceased, was seised, and which he occupied at the time his death, and in a division made of the said farm und the direction of the said commissioners, for the purpos of the said sale, and on a map of the said farm, with the ( visions thereof, also made under their dii"ection, by Edwa Doughty, City Surveyor, distinguished by lots numbers one ai two, the two lots together being bounded and containing as f< lows, that is to say : bounded Westerly by the highway coi monly called the Bloomingdale Road, Easterly by lot numb three of the said farm. Southerly by premises now in the occ pation of Thomas Addis Emmet, Esquire, and northerly by THE ANDREW HOPPER PIECE. 211 me which divides the said farm whereof the said hereby de- cribed lots numbers one and two are parts and parcels, from the mds and premises formerly of John Hopper, lot number one eing on the Westerly side of and including the avenue on the lap of the City of New York called Seventh Avenue, and lot umber two being on the Easterly side of and extending two undred feet Easterly from the said Seventh Avenue, and the two 5ts together containing within the said boundaries five acres and ixty hundreth parts of an acre of land, be the same more or ;ss. lARZILLAI DUSENBERRY and Mary, his tvife ; Abijah G. Benedict and Charlotte, his wife ; CHARLES T. New- COMB and Mary D., his wife;\ Andrew H. Newcomb, Cath- arine H. Newcomb, Za- cheus T. Newcomb and Sarah Newcomb, to Elizabeth Hopper. DEED. Dated 4th May, 1825. Ack. 4th, 6th & nth May, 1825. Rec. 25th May, 1825. 190 Conveyances, 334. Consideration, $1. Conveys same premises. The above deed was not executed by Zacheus T. Newcomb r Sarah Newcomb. DEED. asper Hopper and Char- lotte, his tvife, to Elizabeth Hopper. Dated 4th May, 1825. Ack. 4th May, 1825. Rec. 25th May, 1825. 191 Conveyances, 155. Consideration, $1. Conveys same premises. 212 THE HOPPER FARM. Elizabeth Hopper died intestate in the autumn of 1825, lea ing no issue. Her brothers, John and William Guest, and h sister Sarah, wife of Benjamin Russell, were her only heirs-j law. They divided the tract thus vested in them into city Ic (see map in Case number iSS, a copy of which is given, an page 205), and partitioned the lots among themselves, as shov by the following deeds. William Guest and Mary, his wife; BENJAMIN RUSSELLJ and Sarah, Jiis wife, to John Guest. DEED. Dated 26th Oct., 1827 Ack. 27th Oct., 1827. Rec. 7th Dec, 1827. 228 Conveyances, 20L Consideration, $1. Recites death of Elizabeth Hopper, seised of the premis described in previous deed, leaving William Guest, John Gue and Sarah Russell, her only heirs-at-law, and that they h: made partition of said premises, and that lots numbered 44 64 on map entitled " Map of land in the Twelfth Ward of t City of New York," made by George B. Smith, City Survey( dated 19th March, 1827, fell to share of John Guest. Conveys said lots 44 to 64. DEED. Benjamin Russell (7;/^ Sarah, J Dated 14th Nov., 1831 his wife; WiLLIAM GuESTAAck. i6th & 23d Nc and y\.A.KY, his tvife, \ 1831. to I Rec. 2d Dec, 1831. John Guest. ^278 Conveyances, 365 /Consideration, $i. Conveys all that certain parcel of land situate at Bloomin dale, in the Twelfth Ward of the City of New York, beginnii at a point where the middle of the Bloomingdale Road inte THE ANDREW HOPPER PIECE. 213 sects the middle of Fiftieth Street ; running thence South along he middle of said road to a point intersected by the line next lereinafter mentioned, and which line on the Easterly side of said road is distant forty-three feet eight inches South of the Southerly side of Forty-ninth Street ; thence Easterly along a right line to a point which on the Westerly side of Seventh Av- enue is sixty-five feet eight and three-quarter inches South of :he Southerly side of Forty-ninth Street ; thence in the same line Easterly to the middle of Seventh Avenue, thence along :he middle of the said avenue to a point intersected by the mid- dle of Fiftieth Street; thence along the middle of Fiftieth Street ;o the place of beginning. Being the same premises which, tvith the exception of the streets, roads and avenues, were ;onveyed by the previous deed, this release being intended as a :onfirmation of said title, and to convey to the said party of he second part his portion of the roads, streets and avenues not hen divided. ' \ DEED. fOHN Guest and Amelia, /lis j wife, Benjamin Russell andf Dated 26th Oct., 1827. Sarah, /lis zut/e, \ Ack. 29th Oct., 1827. to I Rec. loth July, 1830. William Guest. A 264 Conveyances, 258. /Consideration, $1. Recites death of Elizabeth Hopper, intestate, leaving John juest, William Guest and Sarah Russell her only heirs-at-law, ind that they had made partition of said premises, and that ots 27 to 43 on the aforesaid map had fallen to share of William Gruest. Conveys said lots 27 to 43. 214 THE HorrER farm. William Guest aiid Mary, DEED. Jiis zvifc; JOIIN GUEST rt';/^:// Dated 26th Oct., 1827 Amelia, Ids tvife, to Sarah Russell, ivife of BenJ jamin Russell. Ack. 27th & 29th Oc 1827. Rec. loth Nov., 1828. 241 Conveyances, 485. Consideration, $1. Recites death of Elizabeth Hopper, intestate, leaving Jol Guest, William Guest and Sarah Russell her only heirs-at-la and that they had made partition of said premises, and that 1( I to 26 on the aforesaid map had fallen to the share of Sar Russell. Conveys said lots i to 26. Title to Lots 3 and 5. DEED. Richard Riker, John Targee and John W. Wyman, Cojn-f Dated 2d May, 1825. inissioncrs of Partition, > Ack. 19th May, 1825. to I Rec. 1st Sept., 1826. John J. Hopper. \ 209 Conveyances, 36. Consideration, $965. Conveys all that certain lot or parcel of land and premi situated, lying and being at Bloomingdale in the Ninth Ward the City of New York, being part and parcel of the fa whereof Andrew Hopper, deceased, was seised and which occupied at the time of his death, and in a division made of I said farm under the direction of the said Commissioners for I purposes of the said sale and on a map of the said farm w the divisions thereof also made under their direction by EdwJ THE ANDREW HOPPER PIECE. 215 Doughty, City Surveyor, distinguished by lot Number Three, jounded and containing as follows, that is to say : Bounded W^esterly by lot Number Two of the said farm, Easterly by lot Mumber Four of the said farm, Southerly by premises now in ;he possession of Thomas Addis Emmet, Esquire, and Northerly Dy a lane dividing the said farm, whereof the said hereby de- jcribed lot Number Three is part and i:)arcel, from the land and Dremises formerly of John Hopper, the said lot Number Three lereby described being two hundred feet in width from lot dumber Two to lot Number Four of the said farm, and contain- ng two acres and forty one hundreth parts of an acre, be the same more or less, with the appurtenances. And also that certain other lot or parcel of land and premises situated, lying and being at Bloomingdale in the Ninth Ward jf the City of New York, being other part and parcel of the said "arm whereof the said Andrew Hopper, deceased, was seised ind which he occupied at the time of his death, and in the said division made of the said farm under the direction of them, the said Commissioners, for the purposes of the said sale and on the said map of the said farm, with the divisions thereof, also made ander their direction by Edward Doughty, City Surveyor, dis- :inguished by lot Number Five, bounded and containing as fol- lows, that is to say : Bounded Westerly by lot Number Four of the said farm. Easterly by a line to be drawn through the mid- dle of and equi-distant from each side of the Avenue on the Map of the City of New York called Sixth Avenue, Southerly by premises now in the possession of Thomas Addis Emmet, Esquire, and Northerly by a lane dividing the said farm, whereof the said hereby described lot Number Five is part and parcel, from the land and premises formerly of John Hopper, the said lot Number Five hereby described being two hundred and fifty feet in width from lot Number Four to the middle of the Sixth Avenue to lot Number Six of the said farm, and containing 2l6 •rill': iKiri'i'iU I'AKM. thicc IK rcH and luiir IiiiikIm-IIi |i:ii Is of an iicrc ol land, In* tl Hiiiur iMoic* or l(*HH, will) llii- a|i|iiii tcnanccH. ,1,1 /.A 111'. I I! Ill H'l'li:. I'. \I'/,II.I.AI I )iisi'.Niii:isis V (tihl Makv, his will-: Ai'.i|\ii (i. hi' N I'. nit r iiihi ( MA r I ( till';, lii\ .i'i/r ,■ ( 11 ATM ,. r, N I'.WCi (Ml!, I\l AK\ I). Ni;\V((iMit, AndkI'W II. Ni'.vv((>Mit, CaiiiakinI'; II. Ni'iwcf >Mit. /ACiii'ins V . Ni' w COM II ,///,/ S.M'AII NiAVt ( )MI!, to John J. I loiTI'.K. Dl'.l'.l). I >,ii( aitl lotn ^ mid f;. 'riii.s i\vvi\ wa.s nol c-xcinlcil by /arluMi.s 'I'. Nt'vvoonil) Saiali Ncwcond). I) I'. I .I). jAM'i'.K lIol'l'I'K -. 1S25 John J. lloiM'iix / /\ck. .!.n'> ^^''.v. iH-5- /,, \ Kit. (>lli Jill)-, iSjo. ( iiAKi.KS 'r. N i:\vroMn. i.'(>.| C'()n\(')';uu'c.s, 193. (onsidii.dion. $.j82.50 C'oNVlcvs all llu- «-<|nal undivided half of said lots \ and 5. 'IMII'". ANDKI'lW IIOI'I'I'.K rillCK. 217 I) I, I.I). John j. Ill iri'r'.K Jasiiu IIOI'I'ICK. \ I ).il(y lli<* njid |i;i!ly oIiIk* ikI part and (>liaili;H T. Ntrwcoiiil)." 'irn,!', To I .ot;; .\ and '>. \ I) I'. I'. I). :ii iiACi) l\ ii; i\i;, |i tiiN ■rAi:i;i',i: J — mi, I Jdiin W. Wvman, (inn /l).tl<l I'm till, >ii, w\il.. n^lli IVI.iy, iK.?f;. to ( K'li . '.Ill July, |HV>- CiiAKi.i';:; T. N liwioMi!. l '^.j ( 'oiivry.iiii c, il'.r. _ __________ / ( !i)ir.iilfi .il lull, $'")i). CoNVICV;; .-ill lli.il (cil.iin lol 01 p.iK el oT l;iiid :iiid |iiciiiiNC|| itiiatod, lyiii)^ .'ind liciiij' .'il l>l(>oii.iiii]Ml;dc III llic Niiilli W;iid rilic (Jily ol New Yoik, liciiij; pail and parcel ol llic laiiii dicrcof Aiidicw Hopiicr, dcccincd, was Kciscil and wIim li lin ('.( iijiicd :il llic lime ol liii; dc.illi, ;iiid in llii- divi;.ioii iii.hIc ol 1C Hilid la nil undci I lie diici lion ol t lie in, I lie rtaid 1 oininii.Hioiient, X" tlic jiiiiposcH ol IIk! Haid nalc, ;tnd on a niaj» ol llie Maid laini /illi llic diviHioiiH llicicof aUo inadt! iind(;i' llicii dircclion liy idwunl Doiij^hly, City Sui vcyor, diHlinj^uiHlicd hy lol Nninl)cr J2l8 THE HOPPER FARM. Four, bounded and containing as follows, that is to sa bounded Westerly bj lot Number Three of the said farm, Ea erly by lot Number Five of the said farm. Southerly by premis now in the possession of Thomas Addis Emmet, Esquire, ai Northerly by a lane dividing the said farm whereof the sa hereby described lot Number Four is part and parcel from t land and premises formerly of John Hopper, the said lot Nui ber Four hereby described being two hundred feet in wic from lot Number Three to lot Number Five of the said far and containing two acres and thirty-eight hundredth parts an acre of land, be the same more or less, with the appurt( ances. And also all that certain other lot or parcel of land and pre ises situated, lying and being at Bloomingdale in the Nir Ward of the City of New York, being other part and parcel the farm whereof the said Andrew Hopper, deceased, v\ seised and which he occupied at the time of his death, and a division made of the said farm under the direction of them, 1 said commissioners, for the purposes of the said sale and oi map of the said farm with the divisions thereof also made unc their direction by Edward Doughty, City Surveyor, distinguish by lot Number Six, bounded and containing as follows, thai to say: Bounded Westerly by a line to be drawn through 1 middle of the Avenue on the Map of the City of New Yc called Sixth Avenue and equi-distant from each side there being the Easterly line or boundary of lot Number Five of I said farm. Easterly by premises called the Botanic Gard Southerly by premises in the possession of Thomas Addis E met, Esquire, and Northerly by a lane dividing the said far whereof the said hereby described lot Number Six is part a parcel, from the land and premises formerly of John Hopp the said lot Number Six hereby described lying on the Easte side of the said Sixth Avenue, including the Easterly half p thereof and extending to the Botanic Garden aforesaid, and c THE ANDREW HOPPER PIECE. 219 ining one acre and sixty-five hundreth parts of an acre of land, ; the same more or less, with the appurtenances. LizABETH Hopper, Barzillai DUSENBERRY and Mary, Jus -cvifc, Abijah G. Benedict and Charlotte, his %vife; Mary D. Newcomb, Andrew^ H. Newcomb, Catharine H. Newcomb, Zacheus T. New- comb and Sarah Newcomb,] to Charles T. Newcomb. DEED. Dated 4th May, 1825. Ack. 4th, 6th, nth, and 17th May, 1825. Rec. 6th July, 1830. 264 Conveyances, 186. Consideration, $1. Conveys same premises. This deed vv^as not executed by Zacheus T. Newcomb and irah Newcomb. ^sper Hopper and Char- lotte, his wife, to Charles T. Newcomb. Conveys said two lots 4 and 6. Charles T. Newcomb to John J. Hopper. DEED. Dated 4th May, 1825. Ack. 4th May, 1825. Rec. 6th July, 1830. 264 Conveyances, 190. Consideration, $1. DEED. Dated 23d May, 1825. 'Ack. 24th May, 1825. Rec. 1st Sept., 1826. 209 Conveyances, 48. Consideration, $345. Conveys all the equal and undivided half part of said lots 4 id 6. 220 TIIK irOPPKK I'ARM. DEED. Dated I3tli Jan., 1826. John J. Iloi-i-Ek / Ack. 13th Jan., 1826. to > Rcc. 1st Sept., 1826. JasI'KR lloiTER. \ 209 Conveyances, 50. Consideration, %^oo. (ONVKYS all the equal undivided half part of said lots and 6. ;e. 11 ng- irt to 7H2. 782. 789. 3- East itain- t two forty- icker, The al)ove deed was made to Jolin jiorii, insieau 01 jurnima ^orn. It was decided in the suit of J<.ol)inson vs. The New ork Dry Dock Company and others, a partition suit airecting ;irt of said lot 4, and hereinafter set forth in this title, that the )Ove deed was, with others, merely intended to aOect a par- tion of the estate of John Hopper, and though made to John 220 THE HOPPER FARM. DEED. ToHiv T HoppTTT? Dated 13th Jan., 1826. A - 1 - . 1 T Co> and 6. 5T. MAP >r THE 1EINELL piece:. ST. ^x^ ST. L ,f; HE JAMES MEINELL PIECE. riiis comprises lots 4 and 5 on the East side of the Blooming- le Road, on map ante page 199. Lot 4 was set apart to nima Horn, as shown ante page 203. fVTTHEW Hopper, John Hop- per, Andrew Hopper, Yel- Lis Hopper, Ann Hopper, Mother and Guardian of her three children, ANN Hopper,! John Hopper and Nicholas! Hopper ; Lawrence All- wye, and Mary, his zvife, to John Horne. DEED. Dated 15th Feb., 1782. Proved 1 6th Feb., 1782. Rec. 27th March, 1789. 45 Conveyances, 333. Consideration, 5s. [Conveys, with other property, lot number Four on the East e of the Bloomingdale Road, which is described as contain- 1 in length on each side twenty chains, in breadth in front two lins and fifty-five links, and in the rear two chains and forty- 2 links, as by a draft or map thereof, made by Evert Bancker, lior, may fully appear, relation thereto being had. rhe above deed was made to John Horn, instead of Jemima )rn. It was decided in the suit of Robinson vs. The New trk Dry Dock Company and others, a partition suit affecting rt of said lot 4, and hereinafter set forth in this title, that the 3ve deed was, with others, merely intended to affect a par- on of the estate of John Hopper, and though made to John 53 a ST. MAP or THE JAMES MEINELLPICCC. 52a ST. if.Uj/ucxJcl^ 5U' ST. U 50iX ST. 222 THE HOPPER FARM. Horn, enured to the benefit of his wife, Jemima Horn, and th she became seised of said lot 4, as if conveyed to her. Jemima Horn died on 28th February, 1814, intestate, leavi: her surviving her husband John Horn, who died on 29th Jul 1815, and the following children; Matthew Horn, Jacob Hoi John Horn, James Horn, Mary, wife of James Stryker ; Ha nah, wife of John F. Jackson ; Margaret, wife of Christoph Mildeberger, and Jemima, wife of Matthew Dikeman, her or heirs-at-law. Lots 5 on both sides of Bloomingdale Road, as shown ai page 203, was set apart to Mary Allwine, John Hoppi Nicholas Hopper, and Ann Hopper, the children of Wes; Hopper. The partition deed to them does not appear to be ; corded. DEED. Lawrence Allwine «;/^ Mary, his wife, to Isaac Varian. Dated 30th July, 179; Ack. 30th July, 1 791. Rec. 19th Sept., 1834 319 Conveyances, 106 Consideration, ;!^8o. Conveys the one full and equal undivided fourth part of s: lots Number Five on both sides of said Bloomingdale Road. DEED. Isaac Varian ami Aletta, Jus zvife, to John Hopper. 'Dated 17th May, 179: Ack. 22d , 1792. Rec. 28th Feb., 1833. 1291 Conveyances, 662 'Consideration, ;^I20. Conveys the one full and equal undivided fourth part of s; lots Five. THE JAMES MEINELL PIECE. 223 DEED. )HN Hopper, one of the Sons of \ said Wessell Hopper, ^/^'-f Dated 12 May, 1791. ceased, >Ack. i6th May, 1791. to I Rec. 5th March, 1833. John Hopper. \~9\ Conveyances, 176. / Consideration, £^0. Conveys the one equal undivided fourth part of said lots ive. \ DEED. icHOLAS Hopper, ofie of the j Sojis of Wessell Hopper, f Dated 6th April, 1792. deceased, and Mary, his ivife, >Ack. 6th April, 1792. to ( Rec. 5th March, 1833. John Hopper. ^294 Conveyances, 179. yConsideration, .^95. Conveys the one equal undivided fourth part of said lots ve. \ DEED. .ornelius Harsen, 'and Ann, I his zvife; (Ann being one ofl^^^^^^ 25th July, 1789. the Daughters of WESSELL U^k. 31st May, 1790. "°^^^^)' 1 Rec. 25th Nov., 1815. to V T TT \ 1 12 Conveyances, 244. John Horn. V -j .- rV /Consideration, i,6o. Conveys the one full and equal undivided fourth part of said 3ts Five. John Hopper being thus seized of 3^ and John Horn of ^ of aid lots 5 on each side of the Bloomingdale Road agreed upon i partition, by which John Hopper took lot 5 on West side of 224 THE HOPPER FARM. the Bloomingdale Road for his 3^ interest, and John Horn too lot 5 on East side of the Bloomingdale Road for his ^ interes DEED. Dated 25th Nov., 179. John Hopper jNot recorded, but sc Deed Recorded i Secretary of State Office, at Albany. John Horn. ^26 Deeds, 317. Consideration, ^5. to Recites that John Hopper was entitled to 3^ and John Hoi y^ of lots 5 on the East and West sides of the Bloomingda Road, and that a partition had been agreed upon, so that Joli Hopper shall give his ^ interest in lot 5 on East side of tl road in exchange for John Horn's ^ interest in lot 5 on We side of said road. Conveys all interest in lot 5 on East side of said road. Last Will and Test anient i Dated 20th Feb., 181 5 0/ \ Proved ist Aug., 18 15. John Horn, \ 52 Wills, 403. After directing payment of his debts, and a legacy of $2= to the testator provides as follow^s : " Item, I do give and b qucath unto my daughter Jemima, and unto her husband Mu thew Dikeman, during the term of the natural lives of them ar the survivor of them, the rents, issues, profits and income < one full equal undivided eighth part of all the rest, residue ar remainder of my estate, both real and personal, and upon tl decease of both of them, my said daughter Jemima and her.sai husband Matthew Dikeman, I do give, devise and bequeath tl THE TAMES MEINELL PIECE. 225 aid one full equal undivided eighth part of my estate, both eal and personal, unto the lawful issue of my said daughter emima, their heirs, executors, administrators and assigns for- ver, equally to be divided among them, share aid share like. Item, I do give, devise and bequeath all the rest, residue nd remainder of my estate, both real and personal, unto my hildren, Jacob Horn, John Horn, Junior ; Matthew Horn, ames Horn, Mary Striker (wife of James Striker), Hannah ackson (wife of John F.Jackson), and Margaret Mildeberger wife of Christopher Mildeberger), and to their several and re- pective heirs, executors, administrators and assigns forever, qually to be divided among them, share and share alike." ACOB Horn and Sophia, his ivife; John Horn, James Stryker and Mary, his wife; John F. Jackson and Han- nah, his wife; Mathew Dikeman and Jemima, liis ivife; Christopher Milde- berger and Margaret, his wife; James HoRN^^w^i'MARY, his tvife; Mat HEW Horn and Margaret, Jus tvife, to John Tonnelle. MORTGAGE. To Secure $2,200. Dated 14th Nov., [816. Ack. 15th Nov., 1816. Reg. 2 1st Nov., 1 8 16. 36 Mortgages, 433. J Covers all that certain lot, piece or parcel of ground, situate ying and being in the Ninth Ward of the City of New York, )eginning at the Westerly corner of John Hopper's land on the Easterly side of the Bloomingdale Road, thence running along he Easterly side of the said road South forty-two degrees West hree hundred and thirty-two feet to the middle of a lane sixteen 226 THE HOPPER FARM. and a half feet wide adjoining the land of Andrew Hopper thence along the middle of said lane South forty-nine d( grees East six hundred and thirty-five feet ; thence Scut forty-six degrees thirty minutes East six hundred and twenty four feet to the Elgin Botanic Garden ; thence along tb same and Frederick Binehure's land North thirty-three degree fifteen minutes East two hundred and seventy-two feet nin inches to the land of John Hopper; thence along the sam North forty-nine degrees West seven hundred and nineteen feel thence North forty-nine degrees West five hundred and ten fei to the place of beginning. Containing nine acres, two root and five perches of land (be the same more or less.) John Horn, the second, died pending the following sui leaving a will as follows. Last Will and Testament / Dated 28th July, 1821 of > Proved i8th Aug., 182 John Horn, the Second. \ 5^ Wills, 528. " Item : I give and devise unto my said wife Susannah ar to her heirs and assigns forever, all my real estate, subject 1 the mortgage thereon, consisting of " — (the will describes tw pieces of real estate, neither of which affects the tract in que tion). THE JAMES MEINELL PIECE. IN CHANCERY. Before the Chancellor. 227 John Tonnelle vs. lCOb Horn and Sophia, his wife; Susan Horn, James Stryker ajid Mary, his wife ; Mathew Dikeman and Je- mima, his zvife ; JOHN F. Jackson and Hannah, his wife; Christopher Milde- BERGER and Margaret, his wife; James Horn aitd Mary, his wife ; and Mathew Horn and Margaret, his wife. 20 — Aug. 14 Bill filed to foreclose 36 mortgages, 433. I21 — April 2. Order fro confesso vs. James Stryker and Mary, his wife, John F. Jackson and Hannah, his wife, Christopher Milde- berger and Margaret, his wife, on consent of Charles G. Havens, their solicitor. May 17. Order pro confesso z^^. Jacob Horn and Sophia, his wife, John Horn, James Horn, and Mary, his wife, Mathew Horn and Mar- garet, his wife, on consent of Thomas Wills, Junior, their solicitor. Dec. 31. Order ^ro confesso vs. Jemima Dikeman on proofs of publication and of no appear- ance. Dec. 31. Order pro confesso vs. Mathew Dikeman on default of appearance. 228 THE HOPPER FARM. 1S21 — Dec. 31. Order of reference to compute, etc. 1823 — Jan. II. Master's report of amount due. Feb. 18. Order making Susan Horn a defendant, place of John Horn, Junior, deceas* without prejudice to proceedings alrea had. She had married John Horn, Ji ior, pending the above suit. Mar. 35. Decree of foreclosure and sale. July 16. Master's report of sale filed. Sept. 9. Decree enrolled at Albany. DEED. John M. McDonald, Master in) Dated 15 th May, 1822 Chancery, f Ack. 3d July, 1822. to I Rec. 27th Nov., 1822, James Meinell. \ 163 Conveyances, 68. /Consideration, $i,ioo Conveys all said mortgaged premises, stating that " the c sixteenth part of the said premises or thereabout, being subj nevertheless to an estate in remainder, to commence after I death of the said Jemima, the wife of the above mentioned M thew Dikeman." DEED. James Meinell and Magda-J Dated ist June, 1835. DALEN, his zvife, f Ack. loth June, 1835. to I Rec. 2ist July, 1835. William H. Jesup. 1331 Conveyances, 571 . yCons., $55,387-80. Conveys all the equal undivided seven-eighths of the sai premises. THE JAMES MEINELL PIECE. 229 DEED. ILLIAM H. JESUP and Mary J Dated 23d Aug., 1836. H.; his wife, f Ack. 26th Aug., 1836. to j^Rec. loth Sept., 1836. Henry Dudley. \ 366 Conveyances, 29. / Consideration, $80,000. Conveys all the equal undivided seven-eighths of the same emises. Henry Dudley made three mortgages, each on a different rt of said premises, to secure the purchase money in above ed. We will consider each separately. MORTGAGE. To secure $20,000. Henry Dudley 7 Dated 23d Aug., 1836. to > Ack. 25th Aug., 1836. William H. Jesup. I Rec. loth Sept., 1836. 206 Mortgages, 86. SovERS all the equal undivided seven-eighths of all that cer- n lot, piece or parcel of land, or those certain lots, pieces or reels of land situate in the Twelfth Ward of the City of New »rk, and when taken together described and bounded as fol- vs : Beginning at the Westerly corner of land now or late John Hopper on the Easterly side of the Bloomingdale •ad ; thence running along the Easterly side of the said road uth forty-two degrees West to die centre of Fifty-first Street ; :nce Easterly along the centre line of Fifty-first Street to a int distant three hundred and fifty feet Easterly from the sterly side of the Seventh Avenue ; thence Northerly in a e parallel with the Seventh Avenue (and along land described a mortgage made between the parties hereto of even date rewith) to the Northerly line of land conveyed by the deed 230 THE HOPPER FARM. hereinafter mentioned, that is to say, to land now or late John Hopper ; from thence Northwesterly along said land nc or late of John Hopper to the place of beginning. William H. Jesup assigned the above mortgage to Isaac '. St. John by assignment dated 25th August, 1836, and recorded Liber 204 Mortgages, page 479. Isaac R. St. John assigned the same back to William H. Jesi by assignment dated 5th June, 1838, and recorded in Liber 2 Mortgages, page 611. William H. Jesup assigned the same to Edward M. Morg by assignment dated 14th June, 1836, and recorded in Lib 239 Mortgages, page 612. Edward M. Morgan assigned the same to Henry T. Morg by assignment dated ist September, 1S38, and recorded in Lib 227 Mortgages, page 502. Henry T. Morgan assigned the same to Samuel and Hen A. Taylor by assignment dated 4th September, 1838, and 1 corded in Liber 227 Mortgages, page 501. Samuel and Henry A. Taylor assigned the same to Henry Morgan by assignment dated ist August, 1839, and recorded Liber 237, Mortgages page 45. Henry T. Morgan assigned the same to Ebenezer Jesup secure indebtedness by assignment dated 14th August, iS^ and recorded in Liber 236, Mortgages page iir. TT T^ ^ XT \ ASSIGNMENT. Henry Dudley and Nicholas J W. Stuyvesant I ^^ I Dated iSth July, 183/ Peter Stu YVESANT^;/./ George (^^°^^^ 19th July, 183 G. Root. \Rec. 19th July, 1837. /377 Conveyances, 293 Conveys all and singular the lands, tenements and re estate of them the said parties of the first part, or of either THE JAMES MEINELL PIECE. 23 1 em in the United States of America whatsoever and whereso- er situate and being, or in or to which they or either of them ,ve or hath any estate, right, title or interest. In trust to sell the same and pay all creditors of Dudley and uyvesant with certain preferences therein specified and to y surplus to parties of first part. Henry Dudley died in August, 1837, intestate, leaving his dow, Helen Cornelia, afterwards wife of Francis Olmstead, d an infant son, Henry Dudley. IN CHANCERY. Before Vice-CJianccllor. 1 Ebenezer Jesup vs. lANcis Olmstead ««^ Helen CJiisivifc; Henry Dudley [an infant who appears by William S. McCoun, hts Guardian ad litem) GEORGE G. Root, Peter Stuyvesant, Edward M. Morgan, Wil- liam H. Jesup, Henry T. Morgan, William Wade, Noah Bulkley, William C. H. Waddell and Frederick Wild man. 1^3 — Nov. 17. Bill filed to foreclose 206 mortgages ^6. 1-4 — Feb. 27. Order appointing William S. McCoun guard- ian ad litem of Henry Dudley on petition of complainant. 232 THE HOPPER FARM. 1844 — Feb. 28. Older pro corifesso vs. Francis Olmstead a Helen C, his wife, Peter Stuyvesant a William Wade on default of appearaiK Mar. 4. Order pro confcsso vs. Edward M. Morgi William H. Jesup, Noah Bulkley, Fn erick Wildman and George G. Root, nc residents on j^roof of publication and no appearance. Mar. 12. Answer of Henry Dudley filed. Mar. 22. Order pro confesso vs. Henry T. Morgan default of appearance. Mar. 28. Order ^ro co7zfesso vs. William C. H. Wadd on default of answer. Mar. 25. Order of reference to compute, etc. April I. Master reports $27,988.30 due. April I . Decree of foreclosure and sale entered. May 25. Decree enrolled. James Maurice, Mastcr-in- Chancery, to Henry W. Hicks and John H. Hicks. DEED. Dated 17th Jan., 184^ .Ack. 17th May, 1844. Rec. 30th July, 1844. I45 1 Conveyances, 289 'Consideration, $1,200. Conveys all the equal undivided seven eighths of all sa mortgaged premises. DEED, John H. Hicks and Frances, his ivife, to Henry W. Hicks. Dated i8th April, 184 Ack. 1 8th April, 1845 Rec. 19th Sept., 1845. 462 Conveyances, 6\t Consideration, $1. Conveys same premises. THE JAMES MEINELL PIECE. 233 DEED. Dated 5th March, 1846. Henry W. Hicks /Ack. 6th March, 1846. to \ Rec. 7th March, 1846. William V. Brady. ^ 474 Conveyances, 150. Consideration, $3,000. !!oNVEYS all the equal undivided seven eighth parts of same mises. ?he Mayor, Aldermen and Commonalty executed to Henry Hicks and John H. Hicks, Executors of Samuel Hicks, three jssment leases, recorded in 452 Conveyances, pages 138, 140 I 142, which were assigned to William V. Brady, by assign- nts recorded in 474 Conveyances, pages 148 and 149. MORTGAGE. To secure $20,000, Henry Dudley / Dated 23d Aug., 1836. to \ Ack. 25th Aug., 1836. William H. Jesup. ^ Rec. loth Sept., 1836. 206 Mortgages, 88. !!!oVERS all the equal undivided seven eighths of all diat cer- 1 lot, piece or parcel of land, or those certain lots, ces or parcels of land, situate in the Twelfth Ward of the y of New York, and when taken together described and inded as follows: Beginning at a point in the centre line of ty-first Street, distant four hundred and fifty feet Westerly in the West side of the Sixth Avenue, thence running North- ^ in a line parallel with the Sixth Avenue to the Northerly t of land conveyed by the deed hei'einafter mentioned, that is >ay, to land now or L'.te of John Hopper ; thence Southeast- / along said land now or late of John Hopper to land de- ibed in the deed hereinafter mentioned, as aforesaid, now or 234 THE HOPPER FARM. late of Frederick Binchure ; thence along land of the said Bi chure and the now or late Elgin Botanic Garden, South thirl three degrees fifteen minutes West two hundred and seventy-tv feet nine inches to the middle of a lane sixteen and one-half fe wide adjoining to land now or late of Andrew Hopper ; then along the middle of said lane North forty-six degrees thirty mi utes West to the centre of the Sixth Avenue ; thence Norther along the centre of the Sixth Avenue to the intersection there with the centre line of Fifty-first Street ; thence Westerly aloi the centre of Fifty-first Street to the place of beginning. William H. Jesup assigned the above mortgage to Isaac '. St. John, by assignment dated 25th August, 1836, and record in Liber 209 Mortgages, page 31. Isaac R. St. John assigned the same to William H. Jesup ! assignment dated 5th June, 1838, and recorded in Liber 2 Mortgages, page 663. William H. Jesup assigned the same to Edward M. Morg; by assignment dated 14th June, i83S,and recorded in Liber 2 Mortgages, page 632. Edward M. Morgan assigned the same to George Beach, security, by assignment dated 14th June, 1838, and recorded Liber 221 Mortgages, 631. George Beach assigned the same to Edward M. Morgan assignment dated 21st November, 1838, and recorded in Lib 236 Mortgages, page 152. Edward M. Morgan assigned the same to Henry T. Morg by assignment dated 31st December, 1838, and recorded Liber 236 Mortgages, page 152. Henry T. Morgan assigned the same to Ansel »St. Joh by assignment dated 4th September, 1839, and recorded Liber 236 Mortgages, page 153. Henry T. Morgan again assigned the same to Jeremiah 1 Taylor and John F. Mackie, as security, by assignment dat THE JAMES MEINELL PIECE. 23$ h September, 1S39, and recorded in Liber 234 Mortgages, ige 308. Ansel St. John agreed with Taylor and Mackie to hold the ortgage assigned to him as security, first for his own benefit, id then for the purposes mentioned in preceding assignment to em, by agreement dated 13th September, 1839, ^'^"^ recorded Liber 234 Mortgages, page 309. Henry T. Morgan assigned the same, as security, to Jonathan ittle, by assignment dated loth September, 1839, ^^^ recorded Liber 234 Mortgages, 403. Ansel St. John assigned the same to Joseph D. Beers by isignment dated 6th February, 1840, and recorded in Liber p Mortgages, page 321. Henry Dudley made an insolvent assignment to Peter Stuy- ;sant and George G. Root, which is recorded in Liber 377 onveyanees, page 293, and is hereinbefore set forth, ante page 50. Henry Dudley died intestate in August, 1837, leaving m surviving Helen Cornelia, his widow, who afterwards in- rmarried with Francis Olmstead, and one child, an infant, imed Henry Dudley, his only heir-at-law. IN CHANCERY, Before the Vice-Chancellor. Joseph D. Beers eorge G. Root and Peter Stuyvesant, Assignees of\ Henry Dudley. ?4o — Nov. 25. Bill filed to foreclose, 206 Mortgages, 88. 341 — Feb. 10. Order, pro coftfesso, vs. defendants, on con- consent of R. W. Townsend, their solicitor. 236 THE HOPPER FARM. 1841 — Feb. 10. Order of reference to compute. March 9. Referee reports $25,400 due. March 9. Decree of sale entered. Nov. 4. Decree enrolled. DEED. Philo T. RugGLES, Master-in- j Dated 4th Nov., 184 Chancery, f Ack. 20th March, 18. to ) Rec. 2 1 St March, 18. Joseph D. Beers. \ 445 Conveyances, 42 y Consideration, $3,13 Conveys all that equal undivided seven eighths of said m gaged premises. DEED. Helen C. Olmsted, widozv, to Joseph D. Beers. Dated 22d Aug., 18 Proved 2d Sept., 18 Rec. 14th Sept., i85( 555 Conveyances, 11 'Consideration, $50. Releases all interest in all the equal undivided seven eig of same premises. MORTGAGE. Henry Dudley to William H. Jesup. To secure $20,OOo.- Dated 23d Aug., 18 Ack. 25th Aug., 183 Rec. loth Sept., i8- 206 Mortgages, 90. Covers all the equal undivided seven eighths of all that tain lot, piece or parcel of land, or those certain lots, piece parcels of land, situate in the Twelfth Ward of the City of 1 THE JAMES MEINELL PIECE. 237 Dik, and when taken together, bounded and described as fol- »vs : Beginning on the Easterly side of the Bloomingdale Dad, at the intersection thereof with the centre line of Fifty- st Street ; thence running along the Easterly side of the said ad South forty-two degrees West to the middle of a lane six- in and one half feet wide, adjoining the land now or late of iidrew Hopper ; thence along the middle of the said lane )uth forty-nine degrees East six hundred and thirty-five feet ; 2nce South forty-six degrees and thirty minutes East to the ntre of the Sixth avenue ; thence Northerly along the centre the Sixth Avenue to the centre of the said Fifty-first Street ; ence Westerly along the centre line of Fifty-first Street to the ace of beginning. William H. Jesup assigned the above mortgage to Isaac R. .John by assignment dated 25th August, 1836, and recorded Liber 209 Mortgages, page 231. Isaac R. St. John assigned the same to David C. Judson by jignment dated i6th June, 1837, and recorded in Liber 218 ortgages, page 51. David C. Judson assigned the same to Russell and William 2bbins, Receivers of the New York Dry Dock Company, by signment dated 3d February, 1838, and recorded in Liber 228 ortgages, page 342. Russel Stebbins and William Stebbins, Receivers, etc., assigned ; same to The New York Dry Dock Co., by assignment ted 13th December, 1838, and recorded in Liber 230 Mort- ges, page 3. Henry Dudley made an insolvent assignment to Pater Stuy- sant and George G. Root, which is recorded in Liber 377 tnveyances, page 293, and is hereinbefore set forth, ante page o. Henry Dudley died intestate in August, 1837, leaving ■n surviving Helen Cornelia, his widow, and an infant son, snry Dudley, his only heir-at-law. 238 THE HOPPER FARM. IN CHANCERY. Before Vice-Chancellor. The New York Dry Dock Company vs. Helen Cornelia Dudley, Henry Dudley, Peter Stuyvesant and George Root. 1840 — May 30. Bill filed to foreclose, 206 Mortgages, 90. Nov. 17. OxfS.QX pro confesso vs. Helen Cornelia Dudl and George G. Root, on default of a pearance. Nov. 26. Order appointing William S. McCoun, Guj dian, ad liiem, of Henry Dudley, on pe tion of complainant. Dec. 28. Answer of said infant filed. 1841 — Feb. 3. Order pro confesso vs. Peter Stuyvesant, resident of New Jersey, on proof of pu lication and of no appearance. Feb. 5. Order of reference to compute. 1842 — Dec. 27. Master reports $26,900 due. Dec. 27. Decree of foreclosure and sale entered. 1843 — Feb. 25. Decree enrolled. ~ \ DEED. William W. Campbell, Mas-\ — — ter in Chancery. I Dated 27th Feb., 184^ to \ Ack. 14th March, 184- The New York Dry Dock ( Rec. i6th March, 184^ Company. \ 433 Conveyances, 524 / Consideration, $2,500. Conveys all the equal undivided seven eighths of sa mortgaged premises. THE JAMES MEINELL PIECE. 239 [t has been claimed that Jemima Dikeman, undei* the will of • father, John Horn, took an estate tail by reason of the rule Shelly's case. This would be converted into a fee simple the statute. It was however decided in suit of Robinson vs. e New York Dry Dock Company, hereinafter set forth page [ that she took merely a life estate with remainder in her ae. If the theory that she took a fee simple was correct, nes Meinell, the purchaser at the foreclosure sale of the mort- re made by her and the other devisees of John Horn, would /e acquired a perfect title to the whole of the tract, and clause in the deed to him, specifying that the premises were )ject to an estate in remainder to one-sixteenth would be merely icriptive of a supposed defect in title and would not constitute eservation or exception. However as to lot four Meinell's e was perfect, and the supposed defect would exist only as to 2-eighth of lot five. Meinell conveyed seven-eighths only of I tract vested in him, so that he remained seised of one-eighth lot four, and an estate for life of Jemima Dikeman, if not the , in one eighth of lot five. DEED. MES Meinell and Magda- y Dated 25th April, 1845. LEN- E., /lis zvife, f Ack. 25th April, 1845. to / Rec. I2th July, 1845. Hamilton W. Robinson. ^464 Conveyances, 191. J Consideration, $50. Conveys all the undivided one-eighth of the premises con- zed to said James Meinell by the Mastery in Chancery (ante ^6228). 240 THE HOPPER FARM. DEED. Hamilton W. Robinson ^^^^^i Dated 12th Oct., 1846. Emma, Jiis ivife, f Ack. 12th Oct., 1846. to i^Rec. 1 6th Oct., 1846. William V. Brady. 1480 Conveyances, 533 / Consideration, $300. Conveys all the undivided one-eighth part of all those two se eral parcels of land situate, lying and being in the Twelfth Wa of the City of New York, the first of said parcels being bound( North by Fifty-second Street, South by Fifty-first Street, En by the Seventh Avenue and West by the Bloomingdale Roa The second of said parcels being bounded North partly by Fift second Street and partly by land now or late of Ana Stryke Soudi by Fifty-first Street, East by land belonging to Joseph I Beers and others and West by the Seventh Avenue, being thn hundred and fifty feet on the South side and bounded on tl East side by a line parallel with the Seventh Avenue. DEED. Hamilton W. Robinson and. Emma, /its ivife, to Ebenezer Jesup, Junior. Dated 1st Aug., 1847. Ack. 1st Dec, 1847. Rec. 7th July, 1848. 501 Conveyances, 607, Consideration, $i. Conveys the one undivided eighth part of all that certai piece or parcel of land situate, lying and being in the Twelft Ward of the City of New York, a particular description of tl: metes and bounds of which is contained in a mortgage of tl other undivided seven-eighths thereof executed by Henry Dm ley to William H. Jesup, dated August 23d, 1836, and recorde in the office of the Register of the City and County of Ne' York in Liber 206 of Mortgages, page Z'^. THE JAMES MEINELL PIECE. 24I DEED. BENEZER JESUP, JUNIOR, rt://^ J Dated 7th July, 1848. Julia F., Ids xvifc, [ Ack. 7th and loth July, > 1848. ^^ I Rec. 1 2th Julv, 1848. Joseph D. Beers. \ 505 Conveyances, 607. / Consideration, $1,100. Conveys all the one undivided eighth part of the same prem- ?s by the same description. Hamilton W. Robinson having thus released to William V. •ady and Joseph D. Beers the part of the tract vested in each spectively, brought the following suit for a partition of the sidue of the tract, which had been conveyed to the New York ly Dock Company. SUPREME COURT.— 7;^ Equity. AMiLTON W. Robinson and Emma, his zvife, vs. he New York Dry Dock Company, Garret Van Do- REN and Jemima, Ids ivife, Jemima Dikeman, Freder- ick W. Jenkins, Sarah Dikeman, Henry Dikeman, Matthew Dikeman, Amelia ' Ann Dikeman and Caroline Dikeman, tJie said Garret and Sarah being Executor and Executrix, &c., of Matthew Dikeman, deceased ; and said Henry, Matthew, Amelia Ann and Caroline being in- fants, by A. B. Millard, tJieir Guardian ad litem. ■46 — Oct. 27. Bill filed for partition of the premises described in deed to The New York Dry Dock 242 THE HOPPER FARM. Company, recorded in 433 Conveyanc 524- 1S47— Feb. 17. Answer of The New York Dry Dock Cc pany filed. 184S — May 20. Amended bill filed. June 20. Order appointing A. B. Millard guardian litem of Caroline Dikeman, an infant der 14, on petition of her mother. June 20. Order appointing him guardian of He Dikeman, Matthew Dikeman and Am< Ann Dikeman, infants over 14 on tl own petition. Aug. iS. Answer of Henry, Matthew, Amelia Ann j Caroline Dikeman filed. Aug. iS. Answer of Sarali Dikeman filed. Sept. 14. Order ^ro confesso vs. Gan"et Van Doren '<. Jemima, his wife, and Jemima Diken on default of appearance. Sept. 14. Order pro irci^z/i^j'j'c fi-. Frederick W. Jenk on default of answer. Dec. 18. Order of reference to Benjamin W. Bonney title, etc. 1849 — Nov. 15. Referee's report given. He finds that thedi of lot four, though made to John He inured to the benefit of Jemima He in whom the fee vested. That under will of Jolin Horn, Junior, Jemima Di man took a life estate only, and her is took the remainder in fee. That clause in the Master's deed to James A! nell (163 Conveyances, 68) specifying t the property was subject to an estate remainder in one-sixteenth, did not ere an exception or reservation, but \ THE JAMES MEINELL PIECE. 243 merely descriptive of a supposed defect in the title of one-eighth of the Northerly half of the premises conveyed thereby. ^g — Dec. I. Order directing that the hearing on the referee's reporc be had at the General Term of the Superior Court of the City of New York. Dec. 13. Decree of the General Term of that Court filed in the Clerk's office of the Superior Court. Directs that so much of the prem- ises as are included in lot 4, be paiti- tioned between Robinson and the New York Dry Dock Company, and appoints Benjamin W. Bonney, William V. Brady and Stephen Merrihew commissioners of partition. The decree further directs that so much of the premises as are included in lot 5 be sold under the direction of Benjamin W. Bonney, Referee. 51 — May 19. Enrolled decree filed in Superior Court. DEED. Benjamin W. Bonney, Referee, I Dated 29th May, 1 85 1 . ■^ 7 Ack. 29th May, 185 1. \ Rec. 30th May, 1851. iE New York Dry Dock/ 5^^) Conveyances, 95. Company and Hamilton W.\ Consideration, $500. Robinson. Conveys all that piece or parcel of land situate in the Nine- mth (late Twelfth) Ward of the City of New York, being part lot Number Five, on the East side of the Bloomingdale Road 244 THE HOPPER FARM. on the partition map of the estate of John Hopper, decease and bounded Northerly by Fifty-first Street, Easterly by 1 Sixth Avenue, and Southwesterly by the Southerly line said lot Number Five. Habendum, seven-eighths to The New^ York Dry Dock Co pany, and one-eighth to Hamilton W. Robinson. The New York Dry Dock PARTITION DEE Company / Dated 31st May, 1851 , . , i Ack. 31st May, 1851. to and ivitJi / „ j ^1 t o [ rroved 13th June, 18 Hamilton W. Robinson an(A Rec. 14th June, 185 1. Emma, his wife. j 572 Conveyances, 60; / Consideration, $1. Recites that The New York Dry Dock Company is seis of seven-eighths, and Hamilton W. Robinson of one-eighth, all that part of certain premises described in a mortgage dat November fourteenth, 1816, and executed by Jacob Horn a others to John Tonnele and registered in the office of tlie Reg ter of the City and County of New York in Liber 36 of Mo gages, page 443, which is situated South of the centre line Fifty-first Street and Westof the centre line of the Sixth Aveni And that it was agreed that a partition thereof should be ma so that the said New York Dry Dock Company should have of said premises lying East of the centre line of the Sever Avenue, and Hamilton VV. Robinson have all lying West said centre line of the Seventh Avenue. Each releases and conveys to the other the part allotted him or it. According to the decision in Robinson vs. Tiie New Yo Dry Dock Company above set forth, there was at time of coi THE JAMES MEINELL PIECE. ^45 nencement of said suit a remainder in fee in one-eighth of lot ve still outstanding, in the issue of Jemima Dikeman. Mathew Dikeman, husband of Jemima, died on September oth, 1834, leaving his widow and three children. I. Mathew Dikeman, Junior. 3. Jemima, wife of Garret Van Doren. I 3. Ann Amelia Elder, who, on loth October, 1839, inter- ' married with Frederick W. Jenkins. Mathew Dikeman, Junior, died on 26th September, 1836. He left him surviving Sarah Dikeman, his widow, and Henry Dikeman, Mathew Dikeman, Amelia Ann Dikeman and Caro- ina Dikeman, his only children and heirs-at.law. Last Will and Testament / Dated 22d July, 1836. of \ Proved loth Nov., 1836. Matthew Dikeman, Junior. K'j^ Wills, 75. " I authorize my executrix and executor hereinafter named, md the survivor of them, whenever in their judgment it shall )e necessary or expedient, to sell and dispose of all or any part )r parts of the real estate of which I shall die seised or pos- lessed, and to make, execute, seal and deliver good and valid lonveyarices in fee simple to the purchasers, and the proceeds hence arising, except what may be necessary for the immediate vants of my family and charges and expenses of my estate, to nvest on bond and mortgage for the benefit of my estate and he income to apply to the maintenance, education and support )f my wife and children." Testator gives his wife Sarah one- hird of the income, and directs the residue of the income to be ipplied to the use of his children until they respectively attain he age of twenty-one years. " Fourth, when my youngest 246 THE HOPPER FARM. child shall attain the age of twenty-one years, I direct a divisioi of two-thirds of my estate among such of my children as shal then be living, and the lawful issue of any which shall be dead leaving issue,, such issue taking the part or share of his, her o their parent. The remaining third to be in like manner dividet upon the decease of my wife." Appoints his wife Sarah execu trix and his brother-in-law, Dr. Garret Van Doren, his executor Letters testamentary were granted to both on 23d January 1837. See Liber 3 Letters Testamentary, page 292. Sarah Dikeman, Executrix, and DEED. Garret Van Doren, Bxeai-j Bated ist Nov., 1852. tor of Mathew Dikeman,1 Proved I2th Nov., 185: the Younger, / Rec. 15th Nov., 1852. to y 622 Conveyances, 59. William V. Brady. 1 Consideration, $1,000. Conveys all the one equal undivided one third of one eight of and in said lot number 5, and all interest, if any, in said Ic number 4. Jemima, wife of Garret Van Doren, died intestate in 1851 leaving her surviving her husband and five children, viz. : 1. John A. Van Doren, 2. Matthew D. Van Doren, 3. William T. Van Doren, 4. Charles A. Van Doren, 5. Maria Louisa, wife of Silas De Witt. THE JAMES MEINELL PIECE. 247 iRET Van Doren, John A. AN DOREN and SARAH, his ife; Matthew D. Van lOREN and Mary I., Jiis zvifeA Alliam Theodore Van' ioren and Jane A., his wife ; HARLES A. Van Doren and\ ILAS DeWitt and Maria' OUISA, his tvife, to William V. Brady. DEED. Dated ist Nov., 1852. Ack. 1 2th, 13th & 27th Nov., 1852. Rec. 1st Dec, 1852. 609 Conveyances, 294. Consideration, $1,000. ONVEYS an equal undivided one third of one eighth of said '"Jumber Five on East side of Bloomingdale Road. CDERicK W. Jenkins and .MELiA Ann Dikeman, liis 'ife to lus CuRTiss, Nathan Cham- ERLiN and Edward P.' OWLES. DEED. Dated 4th April, 1 842. Ack. nth April, 1842. Rec. 1 8th April, 1842. 424 Conveyances, 371. Consideration, $1. ONVEYS, with other property, also all and singular the right, and interest of the said parties of the first part — and par- larly of the said Amelia Ann — of, in and to all pieces par- , tracts or lots of land situate, lying and being in the City of v- York, wheresoever the same may be, of which the said \\ Horn died seised. I trust th;it the said parties of the first part, during their : hves, may enjo} the rents and profits of said premises, and econvey to the said Amelia Ann in fee, in case she liives her husband, and in case the said Frederick W. f survive the said Amelia Ann, and she leave no lawful 248 THE HOPPER FARM. issue her surviving, then on her death to convey one undiv half thereof to her mother, Jemima Dikeman, in fee, or if sh dead, to her heirs, and to convey the remaining undivided part thereof to Frederick W. Jenkins, in fee. Amelia A. D. Jenkins died, without issue, on 4th May, i \ DEED. Cyrus Curtiss, Nathan Cham- J BERLIN and Edward P.f Dated loth June, 18 COWLES, > Ack. 29th June, 184 to I Rec. 27th July, 1842 Frederick W. Jenkins. 1429 Conveyances, i^j /Consideration, $i. Recites the previous deed, and the death of Amelia . D. Jenkins, without leaving lawful issue her surviving. Conveys one equal undivided moiety or half part of prerr conveyed by previous deed. Cyrus Curtiss, Nathan Cham- berlin and Edward P. COWLES, to Jemima Dikeman. DEED. Dated loth June, 18. Ack. 14th June, 184 Rec. 28th July, 184 428 Conveyances, 2^ Consideration $1. Conveys one equal undivided moiety or half part of s premises. DEED. Frederick W. Jenkins to William V. Brady. Dated 1st Nov., 185 Proved i6th Nov., i; Rec. 17th Nov., 185 617 Conveyances, 21 Consideration, $500. Conveys all the one equal one undivided one sixth of eighth of and in that certain piece of land situated in the N THE JAMES MEINELL PIECE. 249 ith Ward of the City of New York, known upon a J of the farm of John Hopper made by Evert Rancker, or about the year one thousand seven hundred and ity two, as lots numbers (4) four and (5) five, on the East of Bloomingdale Road, and together bounded Westerly by road. Northerly by lot number 6 (six) on said map, Easter- y the Commons or Elgin Botanic Garden, and Southerly by lumber 3 (three) on said lot lying East of said road. iDEED. — — Dated 1st Nov., 1852. Proved 12th Nov., 1852- Rec, 15th Nov., 1852. 622 Conveyances, 58. Consideration, $500. ONVEYS all the right, title and interest of the party of the part of and in the said two lots 4 & 5. y these deeds William V. Brady acquired a perfect title to part of the tract vested in him, and also the interest of the e of Jemima Dikeman m the part of the tract conveyed to ph D. Beers (445 Conveyances, 421, set forth ante page 236). acquired no interest, however, in the part vested in The V York Dry Dock Company, as all the said issue of Jemima eman weie made parties to the partition suit of Robinson rhe New York Dry Dock Company, set forth ante page DEED. LLIAM V. Brady and Cor- i Dated 29th Nov., 1852. NELIA, /lis ivife, f- Ack. ist Dec, 1852. to } Rec. 4th Dec, 1852. Joseph D. Beers. \ 618 Conveyances, 482. ^_ / Consideration, $10. ONVEYS all the right, title and interest of the parties of the part in and to a tract or parcel of land situated in the Nine- 250 THE HOPPER FARM. teenth Ward of the City of New York, consisting of the E; erly part of two lots laid down on a map of the Farm of Jc Hopper made by Evert Bancker, in or about the year 1782, £ known on said map as lots 4 (four) and 5 (five), on the Easi Bloomingdale Road, that partition of said lots which is inten( to be hereby released being bounded Westerly by a line runn parallel with Seventh Avenue at the distance of three hund and fifty feet Eastward therefrom. Northerly by lot ni ber 6 (six) on said map, Easterly by land formerly known the Commons or Elgin Botanic Garden, and Southerly by number 3 (three) on said map. I, .f e said Bloomingdale Road ; lott number one on the West side said road contains in breadth in front and rear seven chains 1 fifty links and in lengtli on each side twenty cliains and fifty (cs ; Lott number four on the East side of said road contains |iength on each side twenty chains, in breadth in front two lins and fifty-five links, and in the rear two chains and forty- i; links, as by draught or map thereof made by Evert Bancker, 'ior, may fully appear, relation thereunto being had. 250 THE HOPPER FARM. teentli Warrl of th*- r;t^rr.f XT^,.. v-^-i- -- erl H. kn Bl to pa an -be th( nu MAP """^^Li", : or the: 4V JOHN HORNTKACT. THE JOHN HORN PIECE. rhis is lot one on West side of the Rloomingdale Road, lich, as shown ante page 203, was set apart to Jemima Horn. \TTHEw Hopper, John Hop- per, Andrew Hopper, Yel- Lis Hopper, Ann Hopper,; Mother and Giiardian to Jicr\ fhrce Children, Ann Hopper,' John Hopper Proved 1st Aug., 181 5 John Horn. \ 52 Wills, 403. After directing payment of his debts, and a legacy of $2 the testator provides as follows : "^ Item, I do give and beque; unto my daughter Jemima, and unto her husband, Matth Dikeman, during the term of the natural lives of them and 1 survivor of them, the rents, issues, profits and income of r full, equal imdivided eighth part of all the rest, residue and mainder of my estate, both real and personal, and upon the > cease of both of them, my said daughter Jemima and her s husband, Matthew Dikeman, I do give, devise and bequeath said one full, equal undivided eight part of my estate, both 1 and personal, unto the lawful issue of my said daughter Jemii: their heirs, executors, administrators and assigns, forever, equ ly to be divided among them, share and share alike. Item do give, devise, and bequeath all the rest, residue and rem;i eer of my estate, both real and personal unto my children, Jac Horn, John Horn, Junior, Matthew Horn, James Horn, M; Striker (wife of James Striker), Hannah Jackson (wife of Jo F. Jackson), and Margaret Mildeberger (wife of Christopl Mildeberger), ami to their several and respective heirs, exei THE TOHN HORN PIECE. 253 TS, administrators and assigns forever, equally to be divided ■nong them, share and share alike." DEED. MaTHEW DlKEMAN to Garrit Van Doran. Dated 30th Sept., 181 5. Ack. 2d Oct., 1815. Rec. I2th Dec, 1815. Ill Conveyances, 525. Consideration, $100. Conveys " all my individual right, title and life interest of, I and to the said equal undivided eighth part of the bequest of le said John Horn." Jemima Dikeman had three children living at the time of the •Hewing suit, viz. : Matthew Dikeman, Junior, Jemima, wife ■Dr. Garrit Van Doren, and Amelia Ann Dikeman. NEW YORK MAYOR'S COURT. Jacob Horn, vs. )HN Horn, Jun., Mathew Horn, James Horn, John E. Jackson and Hannah, his ivife ; Christopher Milde- | berger and Margaret, his \ wife; James Striker and Mary, his zvifc; Matthew Dikeman, Senior, and Jemi- ma, his -wife ; Garrit Van Doren rtwrtf Jemima, his wife; Mathew Dikeman, Junior, and Amelia Dikeman. 16— Jan. 26. Petition for partition dated. 254 THE HOPPER FARM. 1816 — Feb. 19. All defendants admit due service of copy petition and notice of its presentation. Jan. 37. Garret Van Doren appointed guardian i litem, for Matthew Dikeman, Junior, a Amelia Dikeman, infants. Feb. 19. Answer of said infants by their guardian file( Feb. 19. Answer of all the other defendants filed. Feb. 20. Judgment of partition entered. Gabriel Fi man, Samuel Stilwell and Jacob Hars appointed commissioners. Dec. 16. Report of Commissioners filed. They i apart lot one on map, ante page 251, Jacob Horn ; lot 3, to John Horn, Junio lot 3 to Jemima Dikeman, lot 4 to Jam Horn, lot 5 to Hannah Jackson, the thr lots numbered 6 to Mathew Horn, lot to Mary Striker, and lot 8 to Margaret M deberger. 1817 — Jan. 7. Final judgment entered. Deeds ratifying this partition were recorded as follows: t deed to Margaret Mildeberger in i2d Conveyances, 129; tb to John Horn, Junior, in 118 Conveyances, 621 ; that to Ha nah Jackson in 118 Conveyances, 106; that to Matthew Ho 123 Conveyances, 213 ; that to Jacob Horn in 127 Conveyance 31 ; that to Mary Striker in 128 Conveyances, 4 ; that to Jam Horn in 145 Conveyances, 353 ; that to Jemima Dikeman 235 Conveyances, 152. We will continue the title to lots i and 5 and the Souther one of lots 6. THE JOHN HORN PIECE. 255 DEED. iN F. Jackson «//<3' Hannah, his wife, to George Martin. Dated ist Dec, 18 18. Ack. 4th Dec, 181 8. Rec 8th Dec, 1818. 132 Conveyances, 85. Consideration, $1,800. Conveys ail that certain lot, piece or parcel of land whereof said John Horn was seised in fee simple at the time of decease, situate in the Ninth Ward of the City of New York, rded and containing as follows, to wit: Beginning at the itheasterly side of the Eighth Avenue, in the centre of Fiftieth jet, thence running Southeasterly along the centre of the [ street two hundred and eighty-five feet, thence Southwest- , parallel with the Eighth Avenue, three hundred and eight four inches, to the land of Philip Webber ; thence North- iterly along the same two hundred and eighty-five feet, to the hth Avenue ; thence Northeasterly along the Eighth Ave- two hundred and ninety-four feet ten inches, to the place of inning. DEED. :oB Horn and Mary Sophia, his zvife, to George Martin. Dated i6th Feb., 1818. Ack. 1 6th Feb.. 1818. Rec. 19th Feb., 1818. 125 Conveyances, 319. Consideration, $1,400. ONVEYS all that certain house and lot, piece or parcel and, fonnerly part of the estate of John Horn, deceased, ate in the Ninth Ward of the said city, and which, upon utitiua of saitl estate, fell to the share of the said Jacob n, with other real property, beginning at the Northwest ler of said lot, which upon the said partition was nijmber , and runs thence South fifty degrees East seventy-one links, ace South thirty-three degrees thirty minutes West thirty-two 256 THE HOPPER FARM, links, thence South fifty-six degrees and thirty minutes three chains and sixty-four links to the Old Bloomingdale R thence South forty degrees ten minutes West along said four chains and thirty-nine links, then North fifty-six dej and fifty minutes West three chains and eighty-five links, then North thirty-three degrees East four chains and sixty links to the place of beginning; bounded Northerly by lai James Stryker, Easterly by said road, Southerly by lan^ Phillip Webber, and Westerly by land of John F.Jackson, taining one acre and four-fifths of an acre of land. DEED. Matthew Horn, and Mar- > Dated 23d April, 18 CARET, /lis wife; ( Ack. 27th April, 181 to /Rec. 28th April, 181 George Martin. 1135 Conveyances, 2( /Consideration, $558. Conveys all that certain lot, piece or parcel of land siti lying and being in the Ninth Ward of the said City of I York, designated on a certain map marked number two, n by Gabriel Furman, Samuel Stilwell and Jacob Harsen, C missioners appointed to make partition of the estate of j Horn, deceased, on file in the office of the Register of the '■ and County of New York, as Division number Six, Begini on the Northwesterly side of the Eighth Avenue, at an ec distance between Forty-ninth and Fiftieth Streets, running th( Northwesterly on a line equi-distant from said Streets six-1 dred and fifty seven feet, to a point or corner formed by the la of Philip Webber and John Hopper ; running thence Sc forty-three degrees thirty minutes East one hundred and I feet; thence South thirty-two degrees fifteen minutes East hundred and seventy-four feet, thence South forty degrees I two hundred feet, thence South forty-four degrees East eig feet, thence South fifty-five degrees East to the line of THE JOHN HORN PIECE, 257 'hth Avenue, thence Northeasterly along the line of the enue one hundred and seventy feet to the place of beginning, itaining one acre, two roods and eight perches of land. jeorge Martin died in 183 1, intestate, leaving him surviving widow, Hannah, afterwards wife of James Riker, and two Idren, viz. : Mary Isabella, who in 1841 intermarried with orge Darke, and Jonathan C. Martin, his only heirs-at-law. klary Isabella Darke made five Mortgages on her interest in i premises to Isaac Dyckman, all of which have since been isfied of record. DEED. Dated 23d Dec, 1843. George Darke /Ack. 28th Dec, 1843. ^ Rec loth Dec, 1844. Hannah Rhcer. ^456 Conveyances, 37. Consideration", $750. 'oNVEYS all the estate, right, titk, lien and interest of the i party of the first part in and to the property vested in )rge Martin, as above shown. IN CHANCERY. Before Vice Chancellor. ^ES Rn-CER and Hannah, liis zvife, vs. ORGE Darke and Mary Isa- iELLA, his ivife; JONATHAN '. Martin, an infant, by Liv-[ NGSTON Livingston, his\ 'Guardian, and ISAAC DycK- lAN. / 5— Sept. 5. Bill for partition filed. 258 THE HOPPER FARM. 1845— Nov. 15. Order appointing Livingston Livingston guai dian ad litem of Jonathan C. Martin, a infant over 14, on infant's petition. Nov. 26. Order, pro confesso^ vs. Isaac Dyckman, i default of answer. 1S46 — Sept. 32. Ansv^er of George Darke and wife, filed. 1 84 7 — Feb. 4, Order of reference on title, &c. July 3. Master's report on title, &c., filed. July 3. Judgment for partition entered. Thoma Addis Emmet, John H. Lee and Georg B. Smith wei"e appointed Commissionei of partition. 1848 — Oct. 20. Commissioners report that partition caniic be had without great prejudice, &c. 1849 — Jan. 31. Decree of sale entered. Jan. 31. Decree enrolled. April 16. Report of sale filed. April 16. Order confirming the same. ng- t to 32. 784- iCoNVEYS all those two certain lots belonging to said farm and own by the name of lot Number Three on the West side of oomingdale road, and by lot Number One on the East side of id Bloomingdale road. Lot Number Three on the West side 1 258 THE HOPPER FARM. 1845 — Nov. 15. Order appointing Livingston Livinp-stnn or. 18 18 18^ 184 nrTY tM^^^"^ rirTY In^^^, 1 ,{^."'\.^'«-.. or V^lcoTvv*.^^ ^ LANDSiNTHc12iixWARDorTHECITYorNEWYORK. STREET. i jii. V J ^ 72 : ^H r 15 ^ to ?r «? ell and dispose of the same either at private sale or at public luction at such time or times as they may think proper, and to •eceive the rents, profits and dividends arising and to accrue Tom the same until sold, and to pay over the proceeds of the same when sold to my daughter, Charlotte Jeftry, her heirs, jxecutors and administrators, and if she should die before me, ;hen to her child, her heirs, executors and administrators. I ^ive, devise and bequeath one other sixth part of all the said rest and residue of my estate, whether real or personal, to my 'riend, Charles R. Codman, Esquire, of Boston, and to my lephew, Henry Wilkes, their heirs, executors, administrators ind assigns forever. In trust to sell and dispose of the same either at private sale or at public auction at such time or times IS they may think proper, or the survivor of them may think proper, and to receive the dividends, interest, rents and profits 3f the same until sold and disposed of, and to invest the princi- pal of the same in good government security or on bond and mortgage or in real estate as they may think most judicious, and :opay over the interest, rents, dividends or yearly profits arising snd to accrue from the same to my beloved daughter, Fanny Golden, half-yearly during her natural life on her own order or receipt, and not to be in any way subject to the debts or con- troul of her husband, and after her decease to pay over the principal to such person or persons to whom she may devise the same, and in default of her not making any disposition of the same by will, then to pay over the same to her heirs and assigns forever. Item, I give, devise and bequeath one other sixth part of all the said rest and residue of my real and per-^ sonal estate to the said Charles R. Codman and Henry Wilkes, their heirs, executors, administrators and assigns forever. In 262 THE HOPPER FARM. trust to sell and dispose of the same either at private sale or public auction at such time or times as they or the survivor them may deem proper, and to receive the interest, dividend rents and profits of the same until sold, and to invest the princ pal of the same in good government security or on bond an mortgage or in real estate as they may think most judiciou and to pay over the interest, dividends, rents or yearly profi arising and to accrue from the same to my beloved daughte Ann Wilkes, during her natural life on her own order or receij and not to be in any way subject to the debts or controul of an person she may hereafter marry, and after her decease to pa over the whole of the principal to such person or persons t whom she may devise the same, and in default of her not mal ing any disposition of the same by will, then to pay over th same to her heirs and assigns forever. Item, I give, devise an bequeath the three remaining sixth parts of all the rest and res due of my estate, whether real or personal, to my sons Horatic George and Hamilton, their heirs, executors, administratoi and assigns forever, the same to be divided equally among; them, share and share alike, first deducting however out of eac of my children's sixth part all advances made to each of ther by me. I hereby give full power and authority to the trustee of my three daughters estate or the survivors and survivor c them to sign, seal, execute and deliver all instruments necessar to carry into effect the aforesaid trusts. Lastly, I hereby nomi nate, constitute and appoint my wife Janet executrix, and m sons Horatio, George and Ham.ilton, executors of this my las will and testament." Letters testamentary were granted to the executrix and tli^ three executors named in said will on 18th November, 1S33 See Liber 2, Letters Testamentary, page 137. THE GERTRUDE CUTTING PIECE. 20J DEED. Janet Wilkes, Widow, j Dated i8th Dec, 1833. to f Ack. 19th Dec, 1833. rtrude Cutting, Widoiu of I Rec 20th Dec, 1833. William Cutting. \ 306 Conveyances, 529. / Consideration, $1. .ELEASES all right of dower in same premises, and all right ne-half of the lane leading to and adjoining said premises. [ET Wilkes, Horatio T^T-r-T^ ^ TIT- i DEED. Wilkes, George Wilkes i nd Hamilton Wilkes, ^^V ^ated i8th Dec, 1833. •utrix and hxectdors of\ , , ^i -r^ o , ^ >Ack. 19th Dec, 1833. harles Wilkes and Tms- „ ,, ^^ o ^ ^ , Rec. 20th Dec, 1833. w ^/ Charlotte Jeffrey, V ^^ ■^ ■' 1 300 Conveyances, 530. ^^ ^ ICons. $6,666.66. Gertrude Cutting. ONVEYS one sixth part of the same premises and all right to half of said lane. DEED. Dated i8th Dec, 1833. Ack. 19th Dec, 1833. Rec. 20th Dec, 1833. 306 Conveyances, 533. Consideration, $20,000. ONVKYS all the one-half of the same premises and all right |ie-half of said lane. 264 THK irOl'PER FARM. DEED. Charles R. Codman and Hen- ry Wilkes, Trustees for Fan- /Dated i8th Dec, 18 NY Golden and for Ann f Proved iQtli Dec, i Wilkes, } Rec 20th Dec, 183: ^^ \3o6 Conveyances, 53 Gertrude Cutting. ICons. $13,333.33. Conveys two-sixtli parts of same premises and all rig] one-half of said lane. DEED. ^ \ Dated ist Feb., 185 Gertrude Cutting /Proved i8th April, i to \ Rec. 19th April, 185 James R. Whiting. 1 573 Conveyances, 12 Consideration, $ii8,( CoNViiYS bamc premises and all right to one-half of said \\ excepting lots 33, 24 and 65 on map 181. MORTGAGE. To secure $83,000. James R. Whiting /Dated ist P>b., 1851 to > Ack. 1 8th April, 185 Gertrude Cutting. \ Rec. 19th April, 185. 375 Mortgages, 517. Conveys same prcmibes. RELEASE. Dated 19th April, i^ Gertrude Cutting / Proved 8th May, 185 to \ Rec 8th May, 1851. James R. WiiniNt;. i 572 Conveyances, 44 Consideration, $1. Releases lots numbered 119 to 127, and 153 to 160 in case iSi, from lien of above mortgage. THE GERTRUDE CUTTING TIECE. 265 DEED. \ \ii:s R. Whiting cxnd Catii-/ Dated 19th April, 1851. ARINE, Jiis wife, f Ack. 8th May, 1851. to f Rec. 8th May, 1851. Gertrude Cutting. \ 572 Conveyances, 443. / Consideration, $14,000. >ONVEYS said 18 lots mentioned in preceding release. N. Y. COMMON PLEAS. Gertrude Cutting, arles B. Janes and James^ R. Whiting. I — Sept. 2. Complaint to foreclose above mortgage veri- fied. Sept. 13. Answer of James R. Whiting and wife verified. Sept. 23. Answer of Charles B.Janes verified. Sets np that he claims no interest in the premises, but had simply negotiated for their pur- chase. Sept. 25. Judgment of foreclosure and sale entered. Ex- cepts from part to be sold lots 23, 24, 6^, 119 to 127 and 152 to 160. 5— July 13. Report of sale filed. Reports sale of the lots to various purchasers. i ^ J Jfj -j : Ci> ••i Cl? Cf S iJii;;? i 397 • : (SJu i — — — V 7L . ? ; 5 q « ? ? 1 i « ■• "' : "> " 4 I. >. P^\ ST. n"rT "n^ WEIST or EIGHTH AVCNUE . ST. TTTTTlTTn 1 1 1"'-^ I 1 1. I J, nrriEiTH <^'-^,..-f2 ra^ ST.; rORTY NINTH ST. u FIFTY THIRD ST. ^^t^^Cc ^Z'-.:' I h I g u u I h X S5 268 THE HOPPER FARM. deceased, and is known and distinguished in a map or ch; thereof made by Evert Bancker, Junior, City Surveyor, by t name of Lott No. Two, bounded Northerly by a road lately h out from Bloomingdale Road to the North River, through t land of said John Hopper, deceased, Easterly to lott numt one. Southerly to Webbers Land and Westerly to lot numl: three, containing in breadth to said road lately laid out and the rear twenty chains and fifty links, and in breadth at ea end seven chains and fifty links. Saving, excepting and reserving unto the heirs of the sj John Hopper, of the outward, deceased, and to their and ea of their heirs out of this present demise, all that certain bui ing ground now in fence consisting of forty-eight feet squai parcell of the said lott of ground and commonly called the fami burying ground, with free ingress, egress and regress into, c of and from the same to bury the dead, etc., forever. This cemetery was situate on Southwest corner of Nin avenue and Fiftieth street. Ldt 4 ON West Side of Road. This, as shown ante page 203, was set apait to Yellis Hoppi Matthew Hopper, John Hop- \ 1 T) F F T) per, Andrew Hopper, John J uc^c^u. UORNE aud Jemima, /its zvt/r, ■ j j^,^^^^ i5th~t^b., 1782 Ann Hopper, Mof/ier and! p^^^.^^ ^^^^ p^^., lyi Guardian of Ann Hopper,V j.^^^^^.^^^ ^^^j^ ^^^^ John Hopper and Nicholas/ ^^g^^ j^ Secretary WovvER, Minors; LawrenceI s^^^g-^ ^^^^ ^^ ^ Allwye and Mary, Jiis wifeA b^^y ^^ .I21 Deeds, 151. Yellis Hopper. Conveys all those two certain lots belonging to said farm a known by the name of lot number four on the West side of sa THE STRIKER AND MOTT PIECES. 269 loomingdale Road, and by lot number two on the East side of lid Bloomingdale Road. Lot number four on the West side " said road contains in breadth, in frojit and rear, seven chains id fifty hnks and in length on each side twenty chains. DEED. ELLES Hopper and Eliza- 7 Dated 4th April, 1787. BETH, his zvife, f Ack. 5th April, 1787. to / Rec. 28th April, 1831. John Hopper. \275 Conveyances, 12. J Consideration, ^300. Conveys all that certain lot, piece or parcel of land situate, ing and being at Bloomingdale in the outward of the City of ew York and known and distinguished in a certain map or lart thereof made, among other lots, by Evert Banker by lot amber four, bounded Northerly on land of Jacob Harsen, asterly on land of Anna Hopper, Southerly on a lane leading om the Bloomingdale Road to the North River, and Westerly 1 the said North River. Containing fifteen acres of land and ;ing in breadth in front and, rear seven chains and fifty links, id in length on each side twenty chains. Lot No. 5 on West Side of Road. This as shown ante page 303, was set apart to the four chil- enofWessell Hopper, viz. : Mary Allwine, John Hopper, icholas Hopper and Ann Hopper. The partition deed to em does not appear to be recorded. 2/0 THE HOPPER FARM. Lawrence Allwine^/z^Marv, Jiis wife; iJAxRY being one o/i the Daughters of Wessell' Hopper), to Isaac Varian. DEED. Dated 30th July, 1791. Ack. 30th July, 1791. Rec. 19th Sept., 1834. 1319 Conveyances, 106. 'Consideration, ^80. Conveys the one full and equal undivided fourth part of al those two certain lots of land (being part of the farm belonging to the said John Hopper at the time of his decease), and knowi and distinguished in a certain map or chart made of the sai( farm by Evert Bancker, Jun., by Lot Number Five in the Wes side of Bloomingdale Road, and Lot Number Five on the Eas side of the said Bloomingdale Road, and situate, lyinc and being in the Outward of the City of New York; th( said Lot Number Five on the West side of the said roac containing in breadth in front and rear seven chains and fift; links, and in length on each side twenty chains and fiftj links. DEED. Isaac Varian and Aletta, his wife, to John Hopper. 'Dated 17th May, 1792. Ack. 22d , 1792. Rec. 28th Feb., 1833. 1291 Conveyances, 662. 'Consideration, ^^120. Conveys all the one full and equal undivided fourth part ot said two lots. THE STRIKER AND MOTT PIECES. 2^1 DHN Hopper, one of the Sons of ^ said Wessell Hopper, de-\ ceased, to John Hopper. DEED. Dated 12 May, 1791. Ack. 1 6th May, 1791. Rec. 5th March, 1833. 29} Conveyances, 176. Consideration, £'jo. Conveys the one equal undivided fourth part of said two lots land. — \ DEED. ICHOLAS Hopper, one of the\ Sons of Wessell Hopper,^ Dated 6th April, 1792. deceased, and Mary, his %vife, \ Ack. 6th April, 1792. to i Rec. 5th March, 1833. John Hopper. 1 294 Conveyances, 179. / Consideration, ^95. Conveys the one equal undivided fourth part of said two lots land. )rnelius Harsen, and Ann, his wife ; (Ann being one of DEED. the Daughters of WESSELLf ^^^^^ ^Sth July, 1789. Hopper), ] ^^^- 3ist May, 1790. I Rec. 25th Nov., 1815. to \ T_ TT 1 112 Conveyances, 244. John Horn. 1 „ . , •: ^\- Consideration, ^6o. iUoNVEYS the one full and equal undivided fourth part of said lots of land. 2/2 THE HOPPER FARM. John Horn to John Hopper. DEED. Dated 25th Nov., i; Proved 29th Nov., i; Recorded in Secrel of State's Ofl at Albany. 26 Deeds, 317. Conveys all interest in lot 5 on West side of said road. Lots Number 6 on Both Sides Road. This, as shown ante page 203, was set apart to John Hop] Matthew Hopper, Andrew Hopper, Yellis Hopper, John Horne and Jemima, his wife; ANN HoPPER, J/(?///rr andGiiardian o/Ann Hopper,! John Hopper, rt?^*^ Nicholas Hopper, minors ; Lawrence Allwye and Mary, his wife,\ to DEED. Dated 15th Feb., 178 Proved i6th Feb., 17 Rec. 5th March, 1833 294 Conveyances, 17; Considerat'n, 5 shillin John Hopper. Conveys all those two certain lots belonging to said far and known by the name of Lott Number six, on the West s of said Bloomingdale Road, and by lott number Six on the E side of said Bloomingdale Road. Lott number Six on the W, side of said road contains in breadth in front and rear se\ THE STRIKER AND MOTT PIECES. 273 lins and fifty links, and in length on each side twenty chains 1 fifty links. Lott number Six on the East side ot said road .tains in length on each side twenty chains, in breadth in it two chains and fifty-five links, and in the rear two chains I and forty-five links, as by a draft or chart thereof made by ;rt Bancker, Junior, may more fully appear, reference there- being had. ohn Hopper, the younger, in his lifetime, conveyed to each lis three grandcliildren, a lot of land on the Westerly part of Six, each lot being 100 feet wide and extending the whole Ith of said lot Six. The following are the deeds thereof: \ DEED. iN Hopper and Sarah, his \ ivife, f Dated ist Dec, 1806. to f Not recorded, but re- WlNIFRED MoTT. \ Cited in following / Deeds. Conveys the premises described in the following deed known ot A. DEED. RRET H. Striker and Eliza, /Dated 28th July, 1840. .,/^w7C'//?, «//^/ Anna Striker fAck. 15th Dec, 1846. to /Rcc. 1 6th Dec, 1846. Winifred Mott, zvidoiv, \485 Conveyances, 103. /Consideration, %\. Lecites that John Hopper had conveyed to Winifred Mott premises thereinafter described, but that said deed had been •ONVKYS all the estate, right, title, interest, dower and right ower of the said parties of the first part, of, in, to and out of ;he said piece or parcel of land situate, lying and being in the 274 THE HOPPER FARM. Twelfth Ward of the City of New York, Bounded as follow Commencing at a point in the Northerly line of a certain la called and known as Hopper's Lane, distant (along the sn lane) six hundred and thirty-seven feet from the Westerly li of the Eighth Avenue, and running thence North thirty-ni degrees East five hundred and fifteen feet, to land formerly 1: longing to Jacob Harsen ; thence Easterly along said land o hundred feet, to land belonging to Ann Striker ; thence Sou thirty-nine degrees West along the land of the said Ann Strik to Hopper's Lane aforesaid, and thence along Hopper's La North forty-seven degrees West one hundred feet to the pla of beginning. Containing one acre and thirty and three-quart perches. DEED. John Hopper and Sarah, /it's j Doited ist Dec, 1806. tvi/e, f Ack. 8th Aug., 1820. to /Rcc. 2ist Jan., 1825. Ann StrHvER. \ 186 Conveyances, 42. /Consideration, $l. Conveys all that lot, piece or parcel of land situate, lying ai being in Bloomingdale, in the Ninth Ward of tlie City of Ne York aforesaid, on the Northerly side of a lane called Hoppe; Lane, leading from the Bloomingdale Road to the North Hudson River, the same being the Northwesterly part of a lav lot, Number Six in the division of the estate of the late Joi Hopper, deceased, which said lot, piece or parcel of land i tended to be hereby granted, is known and distinguished in t map or plan hereunto annexed by the letter B, Beginning ' the Northerly side of the said lane, at the Southerly cornei a lot known by the letter A, intended to be conveyed by t said John Hopper and Sarah, his wife, to Wyntie Mott, wife Jordan Mott and granddaughter of the said John Hopper, a running thence along the said lot A North thirty-seven degre THE STRIKER AND MOTT PIECES. 275 ist seven chains and twenty-nine links, or four hundred and fhty-one feet, to Cozine's land ; thence along the same South y-one degrees East one chain and fifty-one and one half links, one hundred feet, to a lot known by the letter C, intended to conveyed by the said John Hopper and Sarah, his wife, to Garrit Striker, grandson of the said John Hopper ; thence >ng the same South thirty-seven degrees West seven chains d twenty-nine links, or four hundred and eighty-one feet, to upper's Lane aforesaid, and thence along the same North fifty- e degrees West one chain and fifty-one and one half links, or e hundred feet, to the place of beginning. Containing one :-e and one-tenth of an acre of land. DEED. HN Hopper and Sarah, Ms I Bated ist Dec, 1806. ^i/"^> f Ack. 8th Aug., 1820. ^^ [ Rec. lothNov., 1825. Garrit H. Striker. \ 193 Conveyances, 516. /Consideration, $1. ZloNVEYS all that certain lot, piece or parcel of land situate, ng and being in Bloomingdale, in the Ninth Ward of the City New York aforesaid, on the Northerly side of a lane called )pper's Lane, leading from the Bloomingdale Road to the >rth or Hudson River, the same being the Northwesterly part a large lot, number Six in the division of the estate of the e John Hopper, deceased, which said lot, piece or parcel of id intended to be hereby gi anted is known and distinguished the map or plan hereunto annexed by the letter C, be- ining on the Northerly side of the said lane at the South- y corner of a lot known by the letter B, intended to be tiveyed by the said John Hopper and Sarah, his wife, to Ann 'iker, granddaughter of the said John Hopper, and running ince along the said lot B North thirty-seven degrees East 'en chains and twenty-nine links, or four hundred and eighty- 276 THE HOPPER FARM. one feet, to Cozine's land ; thence along the same South fift one degrees East one chain and fifty-one and one-half links, one hundred feet, to the other land of the said John Hoppe thence along the same South thirty-seven degrees West sev( chains and twenty-nine links, or four hundred and eighty-oi feet, to Hopper's Lane aforesaid, and thence along the san North fifty-one degrees West one chain and fifty-one and on half links, or one hundred feet, to the place of beginning. Co taining one acre and one-tenth of an acre of land. As the said three lots are so small, we will not consider the title further. John Hopper, the younger, died on 2d Augu 1819, seized of the residue of said tract, excepting said thr small lots. Last Will and Testament /Dated 30th Sept, 18 1; of \ Proved 30th Sept., 181 John Hopper {the Younger). \ 55 Wills, 449. "I give, devise and bequeath unto my three grandchildre namely, Garret Hopper Striker, Ann Striker and Wyntie Mo wife of Jordan Mott, and their heirs forever, All my real estJ wheresoever and howsoever situate in the City and County Jersey, New York, and in the County of Bergen, in the State New except the three lots which I lately deeded to them of t farm on which I now reside, the said real estate so devised to n said grandchildren to be disposed of as follows by my execute hereinafter named, and the survivor of them, or the execute or administrators of sucli survivor, that is to say : The said re estate shall not at any time hereafter be sold or alienated, b my said executors and the survivor of them, or the executors administrators of such survivor, shall, from time to time, lea or rent the same on such terms and for such rent as they m: THE STRIKER AND MOTT PIECES. 277 !m most advantageous to my said heirs, and the rents, issues I profits of the same shall be annually paid by my said ex- tors and the survivor of them, or the executors or administra- 5 of such survivor, to my said heirs in equal proportions, and ither of my said heirs or their children lawfully begotten II chuse to occupy any part of my said real estate, he, she ;hey shall have a preference to any other applicant on pay- a reasonable rent for the same. * * * * And in case • of my said heirs and devisees shall die without lawful issue, a and in such case, my will is that the share of the one so ng shall be and enure to the sole use, benefit, and benefit and oof of my said grandchildren and the survivor of them and heirs of such survivor forever." Appoints James Striker, Jordan Mott and James Bertine, his cutors. -.etters tes^^amentary were granted to all three executors. (See le Liber, page 452.) ?he testator left him surviving Sarah Hopper, his widow 10 died on 24th December, 1823), and the three following ndchildren, who were children of his daughter Mary Striker, died about 1780. . Ann Striker, born January 23d, 1781, and died April 12th, o, unmarried, and without issue. . Wyntie or Winifred Mott, wife of Jordan Mott, born 27th y, 1782, and died i6th March, 1862, leaving issue. . Garrit Hopper Striker, born March 29th, 1784. He ;rraarried with Eliza Bella in June, 1S19, and died on 15th ril, 1868, leaving issue. ordan Mott, supposing he had_; an estate by the curtesy, de the following conveyance thereof: 2/8 THE HOPPER FARM. DEED. Dated 23d Oct., 1819. Jordan Mott / Ack. 25th Oct., 18 19. Rec. 25th Oct., 1819. Jacob C. Mott. \ 140 Conveyances, 117. Consideration, $1,500. Conveys all the right, title, interest, estate, property posse sion claim and demand, both at law and in equity, and as we in possession, as in expectancy, of the said party of the first pai of, in and to the whole tract of land in question. N. Y. MAYOR'S COURT. Ann Striker vs. Garrit H. Striker, Jacob C. Mott, Jordan Mott and\ WlNNIFRED, /lis wife, 1820 — Nov. 28. Petition for partition filed. Nov. 28. Order that the defendants appear and answe Nov. 28. Answer of all defendants filed admitting £ the facts stated in the complaint. Nov. 28. Judgment of partition entered. Finds th Ann Striker and Garret H. Striker a each seised in fee of one undivided third said tract, and that Winnifred Mott is seisf of the remaining third thereof in fee simp after the death of Jordan Mott. John H. Striker, Roswell Graves and Edwa; Doughty were appointed Commissionei 1S21— March 31. Report of Commissioners filed. 1823 — Feb. 15. Final judgment of partition filed. THE STRIKER AND MOTT PIECES. 279 278 THE HOPPER FARM. DRRD. L- the striker and mott pieces. 2^9 Premises Set Apart to Ann Striker. he Commissioners in the above suit set apart to Ann ker " All that certain lot, piece or parcel of land and prem- with the appurtenances, situate at the corner of the Tenth nue and a certain road or lane designated on said map or -t as Ann Striker, bounded as follows, to wit : Beginning point at the corner of said road or lane and said Avenue, ling thence South along the said Avenue thirty-four degrees st four hundred and eighty-two feet to land belonging to man Hendricks ; thence along the said land of Harman idricks North fifty degrees West ninety-three feet six inches ; ice North fifty-three degrees West twenty-five feet eight es ; thence North forty-nine degrees thirty-five minutes 3t eighty-seven feet nine inches ; thence North thirty-seven 'ees ten minutes East two hundred feet ; thence North thirty- it degrees thirty minutes East sixty-one feet ; thence North ity-eight degrees thirty minutes East twenty feet ; thence th forty degrees thirty-five minutes East sixty-five feet ; ice North thirty-five degrees thirty-five minutes East fifty-five ; thence North thirty-seven degrees fifty minutes East ity-four feet seven inches to the said road or lane ; thence ig the said road or lane South forty-six degrees en minutes East one hundred and seventy-four feet to the e of beginning. Containing two acres and twenty-seven :hes. nd also all that other certain lot, piece or parcel of land and nises, with the appurtenances, also designated on the said > or chart, beginning at a point on the said road lane, adjoining property belonging to Christopher Mil- Jrger, running thence South forty-one degrees fifty minutes >t four hundred and forty-five feet eight inches to land of ip Webber ; thence North along the land of the said Philip ober forty-three degrees twenty minutes West one hundred 2So THE HOPPER FARM. and thirty-four feet ; thence North forty-four degrees five rr utes West one hundred and twenty-three feet ; thence Nc fiftv-one degrees fifty-five minutes West one hundred ; twentv-seven feet : thence North forty-eight degrees thirty rr utes West fifty-three feet to property assigned and set ap by us, the said Commissioners, to Garrit H. Striker : the along the land so assigned and set apart to the said Garrit Striker North thirty- four degrees East four hundred and foi eight feet to the road or lane aforesaid : thence along the s road or lane South forty-seven degrees twenty minutes East fi hundred and seventy-five feet nine inches to. the place of bee ning. Containing four acres, one rood and thirty-six percl And also all that other certain lot. piece or parcel of land r premises with the appurtenances, also designated on the s map or chart, beginning at a point on said road or lane adjc ing land belonging to Winifred Mott, running thence along said road North fortv-seven degrees twenty minutes West f( hundred and seventy-five feet nine inches to properts* set ap and assigned as aforesaid to the said Garrit H. Striker ; the: along the lind so assigned to the said Garrit H. Striker as afc said North tLirt}--four degrees East five hundred and thirty-t feet to land belonging to Jacob Harsen ; thence along the la of the said Jacob Harsen South fifty-three degrees five minii East fifty-two feet six inches ; thence South thirty-eight grees East fifty-two feet ; thence South forty-one degr East one hundred and ninety-six feet; thence South forty-( degrees East thirty-three feet ; thence South fifty-two degp twentv-five minutes East one hundred and seventy-eight feet land of the said Winnifred Mott ; thence along the same Soi thirtv-nine degrees West five hundred and fifteen feet to I place of beginning. Containing five acres, three roods a. nine perches and one-half perches. And also all that certain other piece or parcel of land a premises with the appurtenances, also designated on the sj THE STRIKER AND MOTT PIECES. 28 1 ) or chart, beginning at a point on the Bloomingdale Road the road or lane hereinbefore mentioned, running thence ig the said road or lane North fifty-two degrees West one dred and seventy-fite feet to property set apart and assigned is, the said Commissioners, to Jacob C. Mott, Jordon Mott Winnefred, his wife ; thence along the said land so ipart and assigned as aforesaid North thirty-four degrees t one hundred and forty-eight feet ; thence North fifty-six •ees West sixty feet ; thence North thirty-four degrees t one hundred and forty-eight feet to property set apart, ted and assigned by the said Commissioners to Garrit H. ^er ; thence along the same South fifty-six degrees East y feet ; thence North thirty-four degrees East two hundred twenty-nine feet to land of Jacob Harsen ; thence g the land of the said Jacob Harsen, South forty seven ees thirty minutes East seventy-eight feet: thence South one degrees thirty minutes East one hundred and sixteen three inches to the Bloomingdale Road ; thence along the •mingdale Road South twenty degrees thirty minutes West hundred and twelve feet ; thence South forty-one degrees t three hundred and sixteen feet six inches to the place of nning. Containing two acres, two roods and one perch, nd also all that certain other piece or parcel of land and lises with the appurtenances, also designated on said map lart, beginning at point on the Bloomingdale Road and land aging to Cornelius Harsen ; thence South forty-five de- s forty minutes East fifty feet : thence South fort\-seven de- s forty minutes East one hundred and seventy-eight feet ; ce South forty-eight degrees East eighteen feet s'x inches ; ce South forty-eight degrees East eighty feet ; thence South degrees thirty minutes East thirty-two feet ; thence South -nine degrees East thirty-two feet ; thence South fort}--nine ees fifty minutes East one hundred and thirty-five feet ; ce South forty-three degrees ten minutes East eighty-six 282 THE HOPPER FARM. feet ; thence South forty-six degrees thirty minutes East si: one feet ; thence South forty degrees thirty-five minutes i forty-four feet ; thence South forty-four degrees twenty- minutes East one hundred and sixteen feet ; thence South fo three degrees and fifty minutes East one hundred and twei three feet ; thence South forty-four degrees forty-five mini East tvv^o hundred and eight feet ; thence South forty-four grees forty-five minutes East seventy-six feet ; thence So forty-seven degrees fifty-five minutes East thirty one feet r inches; thence South thirty seven degrees fifty-five mini East seventeen feet four inches to land of the Botanic Gard thence along the same South forty degrees thirty minutes M thirty-eight leet ; thence South thirty-four degrees West thi nine feet nine inches ; thence South thirty-six degrees thirty- minutes West fifty feet ; thence South thirty-five degi West forty-one feet to land belonging to the heirs the late John Horn, deceased ; thence along the land belong to the heirs of the said John Horn, deceased, North forty-tl degrees West one hundred and eighteen feet nine inches ; the North forty-three degrees West seventy-five feet ; thence Nc forty-six degrees West two hundred and eighty-five feet; the North forty-six degrees ten minutes West fifty-six feet ; the North forty-seven degrees fifteen minutes West seventy-se feet six inches ; thence North fifty degrees West thirty-th feet ; thence North forty-seven degrees ten minutes West fo two feet ; thence North fifty degrees thirty minutes W forty-two feet ; thence North fifty degrees thirty minutes W seventy-nine feet ; thence North forty-eight degrees fifteen n utes West fifty-seven feet ; thence North forty-eight degi West one hundred and thirty-four feet ; thence North sixty grees thirty minutes West twenty-eight feet ; thence Nc thirty-seven degrees and thirty minutes West thirty feet f inches : thence North forty-nine degrees West six feet t inches ; thence North forty-nine degrees West twenty-five ft THE STRIKER AND MOTT PIECES. 283 ence North forty degrees twenty minutes West sixteen feet ; ence North forty-eight degrees fifteen minutes West forty-nine it six inches ; thence North forty-nine degrees thirty minutes est one hundred and five feet six inches to the Bloomingdale oad ; thence along the said Bloomingdale Road North twenty grees East two hundred and one feet to the place ot beginning. )ntaining five acres and ten and a half perches. Premises Set Apart to Garrit H. Striker. They set apart to Garrit H. Striker all that certain piece or reel of land and premises with the appurtenances, designated the said map or chart as Garrit H. Striker, beginning at a int on the Hudson or North River at the corner of land be- iging to Lewis Simond and running thence along the said ver North fifty degrees thirty minutes East fifty-one feet six :hes; thence North twenty-two degrees fifty minutes East ;hty-one feet ; thence North sixty-eight degrees East thirty ;t ; thence South two degrees East thirty-seven feet four ;hes ; thence South seventy-one degrees thirty minutes West :ty feet ; thence North two degrees forty-five minutes West jhty-three feet to a road or lane as laid out on said map or art for the benefit of all the premises hereby intended to be /ided for the purpose of a passageway to the said Hudson or jrth River ; thence South along the said road or lane forty- /en degrees thirty-five minutes East seven hundred and ninety- : feet ; thence as said road or lane is laid out on said map, uth thirty-four degrees West two hundred and twenty-eight ;t ; thence North forty-seven degrees fifty-five minutes West ir hundred and eight feet five inches ; thence South forty-two grees five minutes West twenty-five feet three inches ; thence 284 THE HOPPER FARM. North forty-five degrees thirty minutes West four hundred anc twenty-eight feet to the place of beginning. Containing fou: acres and fifteen perches. And also all that certain other piece or parcel of land anc premises with the appurtenances, also designated on said maj or chart, beginning at a point at the corner of the Tenth Ave nue and the road or lane above mentioned, running thenc( along the said road or lane North forty-six degrees fifteen min utes West one hundred and seventy-four feet ; thence Nortl forty-five degrees ten minutes West one hundred and eighty-nini feet; thence North forty-six degrees forty-five minutes Wes one hundred and thirty-one feet ; thence North forty-eight de grees ten minutes West one hundred and seventy-eight feet thence North forty-seven degrees fifty-five minutes West fifty seven feet ; thence North forty-seven degrees fifty-five minute West one hundred and seventeen feet four inches to the road o lane as laid out on said map or chart, running through the centn of the Eleventh Avenue ; thence along the said road or lane Nortl thirty-four degrees East two hundred and forty-two feet to ; certain other lot, piece or parcel of land designated on said maj as allotted and assigned by the said Commissioners to Winne fred Mott ; thence along the same South forty-seven degree thirty-five minutes East eight hundred and forty-six feet to thi Tenth Avenue ; thence along the said Avenue South thirty-fou degrees West two hundred and fifty-nine feet to the place o beginning. Containing four acres, three roods and one perch And also all that certain other piece or parcel of land ani premises, with the appurtenances, also designated on the sail map or chart as Garrit H. Striker, beginning at a point at th corner of the said road or lane, and a certain other lot, piece o parcel of land designated on said map as allotted and assigne by the said Commissioners to Winnifred Mott, running thenc along the land or lots so assigned as aforesaid. North thirty-fou degrees East five hundred and ten feet to land belonging t THE STRIKER AND MOTT PIECES. 285 acob Harsen ; thence along the land of the said Jacob Harsen South forty-six degrees fifty-five minutes East forty-two feet three iches ; thence South fifty-two degrees east one hundred and wenty-six feet ; thence South, fifty-three degrees five minutes last one hundred and thirty-four feet six inches to land designated n said map or chart as allotted and assigned by the said Com- lissioners to Ann Striker ; thence along the same South thirty- Dur degrees West five hundred and thirty-two feet to the said oad or lane ; thence along the said road or lane North forty- even degrees twenty minutes West forty-nine feet nine inches ; :ience North forty-six degrees fifteen minutes West two hun red and fifty-three feet six inches to the place of beginning. Containing three acres and ten perches. And also all that certain other lot, piece or parcel of land and iremises, with the appurtenances, also designated on said map s Garrit H. Striker, beginning at a point on said road or lane nd a certain other lot, piece or parcel of land designated on aid map as allotted and assigned by the said Commissioners 3 Winnifred Mott, running thence along the said road or lane South forty-six degrees fifteen minutes East two hundred and fifty- dree feet six inches ; thence South forty-seven degrees twenty linutes East forty-nine feet nine inches to land designated on aid map as allotted and assigned by the said Commissioners to Lnn Striker ; thence along the same South thirty four degrees Vest four hundred and forty-eight feet to land of Philip Webber ; bence along the same North forty-eight degrees thirty minutes Vest eighty-three feet ; thence North fifty degrees twenty-five aiuutes West one hundred and eighty-four feet six inches ; lience North forty-nine degrees thirty minutes West thirty-six set to land designated on said map as allotted and assigned y the said Commissioners to Winnefred Mott; thence along he same North thirty-four degrees East foui^-hundred and sixty- wo feet to the place of beginning. Containing three acres and leven perches. 286 THE HOPPER FARM. And also all that certain other lot, piece or paixel of land anc premises, with the appurtenances, also designated on said ma| or chart as Garrit H. Striker, beginning at a point at the come of the Eighth Avenue and a certain other lot or piece of lane allotted and assigned by the said Commissioners to Winnefrec Mott, running thence North fifty-six degrees West three hun dred and twelve feet to ground belonging to the said Garrit H Striker, thence along the same North thirty-nine degrees Eas two hundred and ninety-six feet to land belonging to Jacol Harsen ; thence along the same South fifty-four degrees thirty minutes East one hundred and thirty-eight feet ; thence Soutl forty-nine degrees thirty-five minutes East one hundred and fifty one feet to the Eighth Avenue ; thence along the said avenu( South thirty-four degrees West two hundred and seventy-six fee to the place of beginning. Containing one acre, three roods anc thirty-five perches. And also all that certain other lot, piece or parcel of land anc premises, with the ^opurtenances, also designated on said maj or chart as Garrit H. Striker, beginning at a point also at th( corner of the Eighth Avenue and a certain other lot allotted anc assigned by the said ('ommissioners to Winnefred Mott, run ning thence along said avenue North thirt3'-four degrees Eas two hundred and eighty six feet four inches to land of Jacol Harsen ; thence along the land of the said Jacob Harsen, Soutl forty seven degrees ten minutes East two hundred and five feet thence South fifty-six degrees thirty minutes East forty-tWf feet ; thence South thirty-nine degrees thirty minutes East sev enty-one feet ; thence South forty eight degrees thirty minute East thirty-four feet ; thence South forty-seven degrees thirt; minutes East fifty-four feet to land allotted and assigned by thr said Commissioners to Ann Striker ; thence running along th' same South thirty-four degrees West two hundred and twenty nine feet ; thence North fifty-six degrees West four hundrei THE STRIKER AND MOTT PIECES. 287 to the Eighth Avenue or place of beginning. Containing acres, two roods and one perch. Premises Set Apart to Winnifrfd Mott. he Commissioners in said suit set apart to Winnifred Mott hat certain piece or parcel of land and premises, with ippurtenances, designated in said map or chart as Winne- Mott, beginning at a point on the Hudson or North River, point at the corner of a certain road or lane and the said •, running thence North fifty-four degrees East eighty- seven ; thence North eighty-nine degrees thirty minutes East one Ired and ninety feet ; thence North forty-two degrees ten ates East sixty feet, to land belonging to Jacob Harsen ; ce along the land of the said Jacob Harsen South forty-one ees East two hundred and sixty feet five inches ; thence :h forty-seven degrees forty-five minutes East four hundred 1 thence South fifty-two degrees East four hundred and ty feet ; thence South forty-eight degrees East fifty-two feet inches ; ihence South forty-three degrees East fifty-three ten inches ; thence South forty-eight degrees fifty-five min East forty one feet two inches ; tiience South fifty-three de- s East one hundred and fifty-six feet ; thence South thirty- t degrees twenty-five minutes East fifty-four feet; thence ;hfoity-five degrees' thirty minutes East sixty-one feet; ce South fifty-three degrees East ninety-seven feet ; thence ;h fifty seven degrees twenty-five minutes East one hundred twenty-nine feet ; thence South forty-three degrees five ates East one hundred and twenty-two feet to the Tenth aue ; thence along the said avenue South thirty-four degrees t two hundred and fifty-nine feet, to a certain other piece or 288 THE HOPPKR FARM. parcel of land designated on said map as allotted and assigne by the said commissioners to Garrit H. Striker ; thence alon the said land so allotted and assigned by the said commissione: to the said Garrit H. Striker, North forty-seven degrees thirty-fi\ minutes West eight hundred and forty-six feet, to a certain roa( or lane ; thence North thirty-four degrees East twelve feet eigl inches; thence North forty-seven degrees thirty-five minutt West eight hundred feet, to the place of beginning. Containin eight acres, three roods and sixteen perches. And also all that certain other piece or parcel of land ar premises, with the appurtenances, also designated on said ma or chart as Winnefred Mott, beginning at a point at the corm of said road or lane and the Tenth Avenue, running then< along the said avenue North thirty-four degrees East five hu dred and eight feet to land of Jacob Harsen ; thence along tl land of Jacob Harsen South forty-two degrees forty minut East forty feet ; thence South fifty degrees twenty-five minut East fifty-three feet thiee inches; thence South forty-seven d grees forty-five minutes East one hundred and ninety-eight fee thence South forty-six degrees fifty-five minutes East twelve fe nine inches, to a lot designated on said map as allotted ar assigned by said commissioners to Garrit H. Striker ; them along the said land so allotted and assigned to the said Gari H. Striker, South thirty-four degrees West five hundred and tt feet, to the said road or lane ; thence along the same Nori forty-six degrees fifteen minutes West three hundred and thn feet three inches to the place of beginnig. Containing thn acres and thirty-one perches. And also all that certain other piece or parcel of land ar premises, with the appurtenances, also designated on the sai map or chart as Winnefred Mott, beginning at a point ; the corner of the said road or lane and the said Tenth Avenu running thence along the said road or lane South forty-six d grees fifteen minutes East three hundred and three feet three ii THE STRIKER AND MOTT PIECES. 289 ches, to land designated on said map as allotted and assigned to Garrit H. Striker ; thence along the same South thirty-four de- grees West four hundred and sixty-two feet, to land belonging to Philip Webber ; thence along the same North forty-nine de- degrees thirty minutes West three hundred and three feet, to the Tenth Avenue ; thence along said avenue North thirty-four de- grees East four hundred and sixty-seven feet, to the place of beginning. Containing three acres and thirty-five perches. Also all that certain other lot piece or parcel of land and premises, vi^ith the appurtenances, also designated on said map or chart as Winnefred Mott, beginning at a point at the corner of the Eighth Avenue and a certain other piece or parcel of land allotted and assigned by the said commissioners to the said Garrit H. Striker, running thence along said avenue South thirty-four degrees West two-hundred and eighty-five feet six inches, to the said road or Lane ; thence along said road North forty-nine degrees fifteen minutes West three hundred and thirty- seven feet, to land of the said Garrit H. Striker; thence along land of the said Garrit H. Striker North thirty-nine degrees East two hundred and forty-nine feet, to land allotted and as- signed by us the said commissioners to the said Garrit H. Striker; thence along the same South fifty-six degrees East three hun- dred and twelve feet to the place of beginning. Containing one acre, three roods and thirty-five perches. And also all that certain other lot, piece or parcel of land and premises, with the appurtenances, also designated on said map or chart as Winnefred Mott, beginning at a point at the corner of the Eighth Avenue and a certain other piece or parcel of land allotted and assigned by the said commissioners to the said Gar- rit H. Striker, running thence along said lot so assigned and allotted to the said Garrit H. Striker South fifty-six degrees East three hundred and seventy feet, to land allotted and assigned by said commissioners to Ann Striker ; thence along the same South thirty four degrees West one hundred and forty-eight feet ; thence 290 , THE HOPPER FARM. South fifty-six degrees East sixty feet ; thence South thirty-foi degrees West one hundred and forty-eight feet, to the aforesai road or lane ; thence along the said road or lane North fifty-tv\ degrees West one hundred and twelve feet six inches ; them North fifty-one degrees West three hundred and nineteen fe three inches to the Eighth Avenue aforesaid ; thence alor the said avenue North thirty-four degrees East two hundred an sixty-seven feet eight inches to the place of beginning. Co taining two acres, two roods and one perch. The following conveyances are therefore executed to confir the above partition : Garrit H. Strhcer and Eliza, his zvife; JACOB C. MOTT, Jordan Mott and Wini- fred, his luife, to Ann Striker. DEED. Dated i8th April, 182 Ack. 1 8th April, 1821. Rec. 6th June, 1823. 167 Conveyances, no. Consideration, %\. Recites will of John Hopper and the above partition su and to confirm the same releases all the premises set apart the said Ann Striker by the commissioners in said suit. \ DEED. Ann Striker, Jacob C. Mott, J Jordan Mott and Wini-/ Dated i8th April, 1821 YKEYi, his wife, S Ack. i8th April, 1821 to ( Rec. 26th May, 1823. Garrit H. Striker. u68 Conveyances, 21. /Consideration, $1. Recites will of John Hopper and the said partition suit, ar to confirm the same releases all the premises set apart to tl said Garrit H, Striker by the commissioners therein. THE STRIKER AND MOTT PIECES. 291 \ DEED. Garrit H. Striker and Eliza, J his zvife, and Ann Striker f Dated i8th April, 1821. to > Ack. 1 8th April, 1821. Jacob C. Mott, Jordan MottI Rec. 28th Jan., 1823. and Winifred, his wife, \ 163 Conveyances, 436. /Consideration, 1$, Recites will of John Hopper and the said partition suit, and to confirm the same releases all the premises set apart to Wini- fred Mott by the commissioners therein. RELEASE. Sarah Hopper, widoiu of ]oim Hopper, to Ann Striker, Jordan Mott and Winifred, his zuife, and\ 168 Conveyances, 30. Garret H. Striker. ) Consideration, ^i Dated i8th May, 1820. Ack. 1 8th May, 1820. Rec. 26th May, 1823. Releases all dower and right of dower in the farm of John Hopper. DEED. Jacob C. Mott i Dated 19th Jan., 1828 to r Ack. 19th Jan,, 1828. James S. Mott ajtd Samuel?" Rec. 21st Jan., 1828. C. Mott. \ 228 Conveyances, 527. Consideration, $1,500. Conveys all his estate, right, title and interest in and to the said premises set apart as the share of Winifred Mott, 292 THE HOPPER FARM. DEED. James S. Mott and Samuel J Dated nth Aug., 1835. C. MOTT, f Proved 13th Aug., 1835. ^^ I Rec. 13th Aug., 1835. Jordan Mott, Jun. \ 339 Conveyances, 418. / Consideration, $1. Conveys all the interest conveyed to parties of the first part by the previous deed. In trust for the use, benefit and behoof of Winifred Mott, and to join in any conveyances to such per- sons as she may in writing, duly acknowledged, direct, and if her husband survive, then to his use as far as respects property unconveyed, and if she survive, then to release and convey to her. The preceding pai-tition was made and releases given under the supposition that by the will of John Hopper, each of his grandchildren became seised of one-third of the tract in fee simple. This construction of the will was supposed to be cor- rect till 1837, when a suit was commenced by Garrit H. Striker and wife against Jordan Mott and Wyntie, his wife, and others, for a partition of Nos. 163 and 164 Chatham Street, in this city, which was part of the real estate devised by their grandfather's will. In this suit the Motts pleaded in their answer that the legal estate in the premises was in the executors, and denied that complainant was seised of an undivided third in fee. The case was heard on 30th October, 1S30, by Ogden Edwards, Vice-Chancellor, who decided that the bill must be dismissed, as far as a partition was sought. The Chancellor, on appeal, approved the judgment of the Vice-Chancellor. His opinion is reported in the case of Striker vs. Mott, 3 Paige, 387. He held that the executors under the will, " took, by implication of law, an estate in trust during the lives of the three grandchildren. And that the complainants and Mrs. Mott are each entitled to a THE STRIKER AND MOTT PIECES. 293 ontingent or conditional fee in one-third of the remainder of le estate, provided they have issue living at their deaths, with ross-remainders if either dies without issue." On February 14th, 1840, a judgment tor $2,837.12 was re- overed against Garrit H. Striker, in the Superior Court by the [. S. Loan Commissioners, and various other judgments were lereafter docketed against him. The Sheriff, by virtue of writs { f.eri facias issued thereunder, proceeded to sell that portion f the tract in question adjoining Hudson River, which, in the revious partition suit, had been set apart to Garrit H. Striker, eabury Brewster, a subsequent judgment creditor, paid to the heriff the amount bid, with interest, and became entitled to nd received the following conveyance : DEED. lONMOUTH B. Hart, 5/z^r?y,y Dated 21st Feb., 1844. ^c., f Ack. 2ist Feb., 1844. to f Rec. 19th March, 1845. Seaburv Brewster. \455 Conveyances, 610. __y Consideration, $1,305. Conveys all interest which Garrit H. Striker had on 14th ebruary, 1840, or at any time afterwards of, in and to the por- onofthe tract in question, consisting of the four and a half cres fronting on the Hudson Kiver, which was set apart to larrit H. Striker in the suit in Court of Common Pleas. Brewster thereupon brought a suit of ejectment against Garrit [. Striker in the Court of Common Pleas for the possession of lis piece of property. The action was tried before Judge 'harles P. Daly who non-suited the plaintiff'. This was affirmed y the General Term, see opinion reported i E. D. Smith 321. 'he case thereupon went to the Court of Appeals. The opinion 294 THE HOPPER FARM. of the Court is reported in Brewster vs. Striker, 2 Comstock 19. They held that the Executors took by implication the legal estate during the lives of the grandchildren, and therefore that such grandchildren had no present legal estate which could pass by a sale under a judgment and execution against them. A further occasion for the construction of Will of John Hoppei arose on the death of Ann Striker, who died on 12th April, i860, without issue, leaving her surviving her brother, Garrit H. Striker, and her sister, Winnifred Mott. Supposing that she was entitled to the fee of the share set apart to her she devisee the same by her will as follows : Last Will a}id Testament I '' "' f Proved 8th June, 1860. 0/ Ann Striker. Before Surrogate o Westchester County She directs her executors to sell so much of her real estate or Tenth Avenue, not specifically devised by her will, as will b( sufficient to raise the sum of one thousand dollars, which sun she devises to the New York Seaman's Friend Society and th( Society for Ameliorating the Condition of the Jews. She devises a lot of land one hundred feet square on North west corner of Ninth Avenue and Fiftieth Street to her execii tors, in trust, to receive the rents under existing leases, and a their expiration to convey to the Reformed Protestant Dutcl Church of the City of New York, in trust, to erect within tw( years a church edifice thereon, reserving however a plot twenty five feet square to he selected by her executors for a famil; vault. She devises to Jemima Swords, wife of Edward J. Swords, i piece of land on Southwest corner of Ninth Avenue and Fifty first Street, fifty feet five inches by one hundred feet. THE STRIKER AND MOTT PIECES. 295 She devises to Anna Maria Swords, daughter of Edward J. ISwords, a piece of land on Northwest corner of Ninth Avenue md Fifty-first Street, one hundred feet by one hundred feet five nches. Slie devises to Mary Helen Swords, daughter of Edward J. Swords, a piece of land on Southeast corner of Ninth Avenue ind Fifty-first Street, fifty feet five inches by one hundred feet. She devises to Edward Jenner Swords, son of Edward J. 3Words, a piece of land situate at the Northeast corner of Ninth \venue and Fifty first Street, fifty feet five inches by one hun- Ired feet. She devises to Charlotte Augubta Swords, daughter of Edward . Swords, a piece of land on Northeast corner of Ninth Avenue md Fiftieth Street, fifty feet five inches by one hundred feet. She devises all the residue of her estate to her executors, in rust, to apply rents and profits to use of her sister, Jemima Swords, during her life, and after her death to divide the same imong her children. She appoints Edward J. Swords and jeorge W. Stevens her executors. By codicil she devises to James Thomas Cornell, son of her lister, Maria Cornell, a piece of land on Northwest corner of Ninth Avenue and Fifty-second Street, fifty feet five inches by )ne hundred feet. Garrit H. Striker claiming to be seised, upon the death of \nn Striker, of one half of the remainder in fee, in her one- hird, brought the following partition suit. Before taking up his suit, it will be necessary to consider the following changes n the trusteeship created by will of John Hopper. Letters testamentary had been issued to the three executors lamed in the will of John Hopper on 30th day of November, 1819. See Liber 55, Wills 452. James Striker, one of said executors, died in February, 1831. [ordan Mott, another of said executors, died on 8th January, 296 THE HOPPER FARM. 1840, while James Bertine, the surviving executor, died on 17 December, 1842. The said James Bertine, by his will, recorded in Liber i Wills, page 146, appointed James T. Bertine and Resolve Stephens his executors, who by instrument dated 19th Jun 1848, refused and declined to act as trustees under the will John Hopper, which instrument is filed with the followir order. By an order of the Supreme Court, entered at Special Ten on 19th June, 1848, in the City of New York, Edward Sandfoi was appointed trustee under will of John Hopper, in place ' said executors then deceased. The said Edward Sandford dif on 27th September, 1854. By an order of the Supreme ('ourt, entered at Special Tern on 4th April, 1859, ^^ ^^""^ City of New York, James B. Wilsc was appointed trustee under the will of John Hopper, in plac of Edward Sanford then deceased. N. Y. SUPREME COURT. Garrit H. Striker, Plaintiff, vs. Winifred Mott, James T. Ber- tine, Resolvert Stephens^ James B. Wilson and Eliza Bella Striker. i860 — May 26. Complaint filed asking for a partition, an claiming that by death of Ann Strike without issue, Garrit H. Striker and Win fred Mott became each seised in fee of a undivided sixth of said farm. THE STRIKER AND MOTT PIECES. 297 ;6o — June 3. Answer of Winifred Mott. She admits inval- idity of previous partition. June 26. Answer of Eliza Bella Striker, wife of Garrit H. Striker. June 25. Answer of Resolvert Stephens and James T. Bertine. Oct. 17. Answer of James B. Wilson claiming to be still seised of the whole tract as trustee. :6i — June 13. Decision of Judge Sutherland holding that on death of Ann Striker, the one-third of the farm held by the trustees for her life, vested in Garrit H. Striker and Winifred Mott in fee simple, and that the partition in Court of Common Pleas and releases were void and of no effect except to adjust the divi- sion of the rents and profits during the trust estates. June 12. Judgment of partition entered. Theodore Martine, Benjamin W. Bonney and James Maurice were appointed commissioners of partition. July 5. Judgment of Special Term affirmed by Gen- eral Term. 62 — March 3. Judgment of General Term affirmed by Court of Appeals. 03 — July I. Judgment of Court of Appeals made a judg- ment of Supreme Court on remittitur. During the pendency of the above suit, the two following )ss-actions were begun. These three actions were heard at ? same time, as they involved the same questions. 298 THE HOPPER FARM. N. Y. SUPREME COURT. James B. Wh.son, Trustee of of the Estate of]()\iy. HoPPER, agst. Garrpp H. Strhcer, Winifred MoTT, Edward J. Swords, Executor of the last Will and\ Testament of Ann Striker, Jemima Swords, Tcz'/i' <9/ Ed- | ward J. Swords, Anna Ma-| RiA Swords, Mary Helen Swords, Edward Jenner Swords (^;/<^ Charlotte Au- gusta Swords. i860 — June 29. Complaint verified. Sets up that by a prof construction of Hopper's will, his execute took a trust term in all the shares until t death of the last surviving grandchild, a asks that he as trustee be declared vesi with the legal estate to whole farm, a that the defendants be adjudged to have present estate therein. 1861 — May 4. Answer of Garrit H. Striker, claiming title in his suit set forth. June 3. Answer of Winifred Mott. June 3. Answer of other defendants. THE STRIKER AND MOTT PIECES. N. Y. SUPREME COURT. 299 ipwARD J. Swords, in his own right and as Executor of the last Will, &•€., of Ann Strik- er, deceased; JEMIMA S WORDS, James H. Maples and Mary Helen, his wife ; Joseph Cornell and Maria S., his wife ; Anna Maria Swords and Edward Jenner Swords, an infant, and Charlotte Augusta Swords, an infant, , the said two infants by ED- WARD J. Swords, their guar- dian, Plaintiffs, vs. arrit H. Striker and Eliza B., his wife; WINIFRED MOTT, George W. Stevens, James T. Bertine, Resolvert Ste- phens and James B. Wilson, Defendants. 56i — May 22. Edward J. Swords appointed guardian to prosecute this action for Edward Jenner ^ Swords and Charlotte Augusta Swords, in- fants, on their petition. May 23. Complaint dated. Sets up will of Ann Striker, that she had held possession as owner under will of John Hopper and partition in Mayor's Court, and that she died seised of the premises set apart to her in said suit, ^nd asks for judgment adjudging plaintiffs' 300 THE HOPPER FARM. titles, as her devisees, valid, and enjoining the above suits, &c. 1 86 1 — May 31. Answer of Garrit H. Striker and wife dated Winifred Mott answers. Geo. W. Stevens answers. James T. Bertine answers. Resolvert Stephens answers. James B. Wilson answers. The decision in the Court ot Appeals is reported in Strikei vs. Mott, 28 New York, 82. The Court held that the early partition in the Court of Com- mon Pleas was invalid. That the grandchildren had no vested estate in the premises, and no estate which they could then convey by deed the remainder to them being contingent, and thai nothing passed by the deed to Ann Striker, and consequentl} her devisees took nothing under her will. That successive estate in each third part of the farm wer€ limited as follows : First, to the trustees for the life of the grand child for whose benefit the third was devised ; remainder to the issue of that grandchild in fee, if he or she should leave issue but if he or she should die without issue living at his or hei death, then remainder to the grandchildren and the survivors them. On the strength of this decision it was determined to begin i new suit for a partition of the "johole tract. Before considering this suit it will be necessary to note the conveyances and mort gages made by Winifred Mott and Garret H. Striker and theii children, and the events hereinafter mentioned. THE STRIKER AND MOTT PIECES. 301 }arrit H. Striker, Junior, James Alexander Striker, George Henry Striker and i Ambrose Kingsland Strik-( ER, 0/ \st part, to and from 5AMUEL C. Mott, Garrit S. MoTT, Jordan Mott, Jacob' H. Mott and M. Hopper yiOTT, of 2d part. DEED. Dated 24th June, 1850. Ack. 24th June, 1850. Rec. 17th July, 1850. 548 Conveyances, 477. Consideration, $500. Recites will of John Hopper, the partition in the Court of Hommon Pleas, and that his grandchildren had held and en- oyed in severalty, as upon a valid partition, the several pieces hereby set apart to each. It then recites the decision of the ;;jourt of Appeals holding the same invalid, that the parties of he first part are the only children and presumptive heirs of jarrit H. Striker, and the parties of the second part are the )nly children and presumptive heirs of Winifred Mott ; that \nn Striker has no issue, never having married ; that it is de- sirable that " the division of the said lands into separate occu- Dations in severalty," as made by said partition suit, should be ' valid, firm and effectual upon all the parties thereto who have icquired or may acquire any right, title or interest at law or in equity in the said lands by descent or devise from the said John Hopper or his descendants." And that it had been agreed that he separate occupations in severalty so had shall stand and be I firm and effectual partition forever between them, so that upon :he death of Garrit H. Striker the portions of the land occupied n severalty by him shall vest in possession in his issue, the same as if the said piece had been then set apart to them on a lew and valid partition then had. And that upon the death of ^Vinifred Mott, the portions of the land occupied in severalty by 302 THE HOPPER FARM. her shall vest in her issue the same as if the said pieces had also been then set apart to them on a new and valid partition then made of the farm. The parties of the first part convey, with warranty, to parties of the second part the several portions of the farm set apart to Winifred Mott in the partition in the Court of Common Pleas. The parties of the second part convey, with warranty, to par- ties of the first part the several portions of the farm set apart to Garrit H. Striker in said partition suit. In setting out the various conveyances, etc., those made by Winifred Mott and her sons will be first taken up. On 27th January, 1843, Jacob H. Mott and Jordan Mott were adjudged bankrupts on their own petition, and the decree certi- fied to W. C. H. Waddell, general assignee in bankruptcy. He sold all the interests of the said bankrupts in the farm in ques- tion to Isaac C. Delaplaine in February, i860. See 805 Con- veyances, 390 and 392. As Delaplaine was not a party to the following partition suit, it is not necessary to consider now the title vested in Assignee in Bankruptcy, but the same is set out in full after the partition suit. Winifred Mott, wife of Jor- DEED. DAN Mott, f Dated 24th Sept., 1850. to I Not recorded, but re. Jordan MoTT(j'^;i!^/ Winifred I cited in the following Mott.) \ deed. Consideration, $2,150. Conveys all and singular the real estate of which John Hop- per, late of the City of New York, who was the grandfather ot the party hereto of the first part died seised or possessed or en- titled unto, whether situate in the City and County of New York, or in the County of Bergen and State of New Jersey or elsewhere ; and all the right, title, interest, claim and demand THE STRIKER AND MOTT PIECES. 303 in and to the same and every part and parcel thereof with the appurtenances which the said party hereto of the first part now has, or which she hereafter can or could or may or might acquire, or become in anywise entitled unto by descent or demise from the said John Hopper, deceased, or by descent or demise from any of his descendants, or in any contingency in the last will and testament of the said John Hopper, deceased, referred to or contemplated or otherwise, except by, under or from or through the said party to these presents of the second part. DEED. Dated-5th June, 1855. Jordan MoTT /Ack. 5th June, 1855. to \ Rec. 30th June, 1858. Garrit S. Mott. 1757 Conveyances, 511. Consideration, $5,000. Conveys all the property described in previous deed. Certain Sheriff sales against Jordan and Jacob H. Mott will also be found set forth after the suit. The following is a list of conveyances and mortgages made by Winifred Mott and sons of specific lots. The numbers of the lots are given according to Map 660, though other maps may be referred to in the deed. Lots 103 and 107 to George Park, in 447 Conveyances 103, which lots were afterwards vested in Robert B. Minturn. Lots 156 to 167 and 177 to 196 to Garrit H. Striker, Junior, in 654 Conveyances 486. Lots 213 to 220 and 264 to 280 to Orsanus Bushnell, in 610 Conveyances 563, and in 791 Conveyances 224. Lots 317 to 320 to Ann M. Metcalf, in 717 Conveyances, 459. Lot 431 to Edward Sandford in 649 Conveyances, 142. 304 THE HOPPER FARM. Lot 432 to Anne Legoux, et al.^ in 279 Mortgages, 105, and to Edward Sandford, in 649 Conveyances, 142. Lots 433 to 435 to Fleming Duncan, in 220 Mortgages, 424, and to Edward Sandford, in 649 Conveyances, 142. Lots 436 to 438 to Edward Sandford, in 649 Conveyances, 143. Lot 471 to Edward Sandford, in 649 Conveyances, 142. Lot 472 to Louisa Chamberlain, in 224 Mortgages, 68, and to Edward Sandford, in 649 Conveyances, 142. Lot 473 to Benjamin Gurnie, in 215 Mortgages, 552, and to Edward Sanford, in 649 Conveyances, 142. Lot 474 to Anthony A. Melly e/ a/., in 221 Mortgages, 439 and to Edward Sandford, in 649 Conveyances, 142. Lots 475 and 476 to Birah Palmer, in 388 Conveyances, 287, and to Edward Sandford, in 649 Conveyances, 142. Lot 477 to William Burgoyne, in 416 Conveyances, 502, and to Edward Sandford, in 649 Conveyances, 142. Lot 478 to Stanton Beebe, in 223 Mortgages, 133, and to Ed ward Sandford, in 649 Conveyances, 142. Lot 480 to Eliza P. Sandford, in 663 Conveyances, 577. Lots 481 and 483 to Solomon Gilbert, in 509 Conveyances 398, and to Edward Sandford. in 6ri Conveyances, 448. Lots 483 to 486 and 519 to 526 to Eliza P. Sandford, in 66^ Conveyances, 577- Lots 532 to 534 to William C. Burdick, in 693 Conveyances 389- Lots 567 to 569 to same, in 680 Conveyances, 139. Lots 631 to 635 to Benjamin J. C. Miles, in 756 Conveyances 479, which lots were afterwards vested in Amos M. Sackett. Lots 636 to 638 to Maria Waring, in 590 Conveyances, 54( and 542, which lots were afterwards vested in Eleazer Ayres. Lots 637 and 638 to William E. Waring, in 500 Conveyances 50- Lot 647 to John Rogers, in 522 Conveyances, 199, and tc Edward Sandford, in 649 Conveyances, 142. , THE STRIKER AND MOTT PIECES. 305 Lot 648 to Augustus Perrot, in 380 Conveyances, 183, and to Edward Sandford, in 649 Conveyances, 142. Lot 649 to John W. Blauvelt, in 380 Conveyances, 195, and to Edward Sanford, in 649 Conveyances, 142. Lot 650 to Benjamin W. Clapp, in 379 Conveyances, 434, and to Edward Sandford, in 649 Conveyances, 142. Lots 651 to 654 to John C. Downing and Moses G. Baldwin, in 381 Conveyances, 143, and to Edward Sandford, in 649 Con- veyances, 142. Edward Sandford, to whom certam of the lots above men- tioned were conveyed, died leaving him surviving Thomas S. Sandford, Mary M. Pegram, wife of Orlando A. Pegram, Janet L. Koch, wife of Edward C. Koch, Sarah C. Sandford, Lewis H. Sandford and Edward Sandford, his only heirs-at-law. He left a will devising said lots to his said children. Winifred Mott died on i6th March, 1862, leaving her surviv- ing four sons, viz. : James Striker Mott, Garrit Striker Mott, Jordan Mott and Matavus Hopper Mott. She had had three other children besides the four who survived her, viz. : John H. Mott, who died on 20th March, 1821, intestate and without issue. Samuel Coles Mott, who died on 8th May, 1855, intes- tate and without issue. Jacob H. Mott, who died on 14th May, 1 86 1, leaving Julia M. Mott, his widow, but no child. Last Will and Testament i Dated 9th Nov., 1846. 0/ \ Proved 27th May, 1862. Winifred Mott. V 152 Wills, 454. The testatrix, aftermaking a bequest of the income of $5,000 in trust for her son James S. Mott, provides as follows : " Second, I give all the residue of my estate, real and personal of every 306 THE HOPPER FARM. kind and description, unto my five sons Samuel C. Mott, Jordar Mott, Jacob H. Mott, Garrit S. Mott and M. Hopper Mott am to their heirs, executors and administrators in fee simple." By codicil dated 14th February, i860, she provides as follows " First, I hereby revoke the devise and bequest in my said wil to Samuel C. Mott, Jordan Mott, Jacob H. Mott, Garrit S. Mot and M. Hopper Mott, and in "lieu thereof I direct that all tht residue of my estate, real and personal, after the fulfillment o the trust in my said will created for the benefit of my son James S. Mott, be divided into four equal parts, of which I give three parts to my son Garrit S. Mott, and one part to Ruth Ann Mott wife of M. Hopper Mott." On ist January, 1856, James Striker Mott was adjudged z lunatic, and on nth February, 1856, James B. Wilson was ap pointed his committee. On I St June, 1863, an agreement was entered into providing that James S. Mott should assign to Garrit S. Mott his legac) of the income of five thousand dollars, and that James S. Mot' should have in lieu thereof one-fourth of the one-third of Hop per farm set off" to Winifred Mott, excepting the lots conveyec by Winifred Mott. This agreement was confirmed by order o the Supreme Court on 22d July, 1863. We will now go back and set out the various conveyances etc., by Garrit H. Striker and sons. Garrit H. Striker, on 19th December, 1837, made two mort gages to the United States Loan Commissioners affecting th( two pieces on either side of the lane, between Ninth and Tent! Avenues, set apart to him in previous suit in the Court of Com mon Pleas. These mortgages were foreclosed and the premise.' bought in by the People of the State of New York, who con THE STRIKER AND MOTT PIECES. 307 veyed the same to Garrit H. Striker, Junior. Under the de- cisions given in this title, Garrit H. Striker had no interest in the portion covered by this mortgage which would pass thereby. DEED. Dated ist Dec, 1842. Garrit H. Striker /Proved ist Dec, 1842. Rec 1st Dec, 1842. William Miles, Receiver. \432 Conveyances, 131. Consideration, %\. Recites that William Miles, on 22d November, 1842, was ap- pointed receiver of the property of Garrit H. Striker by the Court of Chancery in a certain cause wherein Charles T. Crom- well was complainant and Garrit H. Striker was defendant. Conveys all and singular the right, title, estate, interest, claim and demand, in law or equity, of the said party of the first part, of, in or to all the estate, real and personal, which he, the said party of the first part, may be entitled to, or has any right to, as devisee, legatee or heir-at-law of John Hopper, de- ceased, or of any other person ; and also all his right, title, es- tate and interest in and to all and singular the lands mentioned and described in a deed from Ann Striker and others to him the said party of the first part, and all his right, title, estate and in- terest in and to the rents, possession, issues and profits accrued or to accrue of or from the said estate, lands or premises, or any part thereof, and also all and all other real estate of the party of the first part. DEED. Dated 8th May, 1843. William M.yly.^ Receiver, /Ack. 9th May, 1843. to \ Rec. 20th May, 1843. Charles T. Cromwell. \437 Conveyances, 191. Consideration, $11. Conveys all the estate, right, title or interest, in law or equity, in expectancy, reversion or remainder, of the said Garrit H. 308 THE HOPPER FARM. Striker, which he had on the 17th day of December, 1842, or since, of, in or to four acres and fifteen perches of land, with the appurtenances, situated in the Twelfth Ward of the City of New York, beginning at a point on the Hudson River, at the corner of land now or late of Lewis Simond, thence Northerly by the Hudson River as it runs, three hundred and forty-two feet ten inches, more or less, to a lane or road leading to the Hudson River ; thence Easterly along the said road or lane seven hundred and ninety-six feet ; thence Southerly, as said lane runs, two hundred and twenty-eight feet ; thence Wester- ly four hundred and eighty-five feet five inches; thence Southerly twentj'-five feet three inches ; thence Westerly four hundred and twenty-eight feet. Garrit H. Striker, Junior, • James Alexander Striker i t^t^t^t-^ I Dii/liiJ George Henry Striker andi Dated 24th June, 1850. Ambrose K. Striker, ITT- TVT -J o ) Ack. 24th June, iS^o. Winifred Mott, widoiv ; Sam-/ ^ ^ ^ J ' ^^ ^ ,;r r- o Rec. 23d Sept., 1861. UEL C. Mott, Garrit S.l ^^ ^ ,;r T Tx/r T I 844 Conveyances, 200. Mott, Jordan Mott, Jacob I T^ ., r TT Tx/r J T\/r TT 1 Consideration, $500. H. Mott and M. Hopper \ ' ^■' Mott. Recites that Ann Striker has no issue, never having married, and that it is supposed that in case she survive Garrit H. Striker and Winifred Mott, her share will be taken by heirs of John Hopper by descent. Conveys, with warranty, one equal undivided half part of all that certain one equal undivided third part of the lands, tene- ments and real estate of the said John Hopper, deceased, at the time of his death, wheresoever and howsoever situated, which, in and by the said last will and testament, was in terms devised to the said Ann Striker and her heirs forever, and was intended THE STRIKER AND MOTT PIECES. 3O9 to be thereby devised to, or for the benefit of her, the said Ann Striker, and her lawful issue. And also the one equal undi- vided half part of all and singular the lands and premises specifically described as follow^s (describing by metes and bounds the portions set apart to Ann Striker in previous suit in Com- mon Pleas.) The above deed was adjudged null and void by decree of Supreme Court entered in New York County, on 6th February, 1S73 in suit of James Alexander Striker and Ambrose Kings- land vs. Jordan Mott, Ruth Ann Mott and others. It was found by the referee in said action that an exactly similar deed was executed by the Motts to the Strikers, bearing even date therewith, which deed was lost, never having been re- corded ; and that, as^ the continency, to provide against which said mutual deeds, were given, never arose, and as there was no other consideration for said deeds, they were inopera- tive and of no effect. The following is a list of conveyances made by Garrit H. Striker and Sons, of specific lots in the tract in question. The numbers of the lots are those given in Map 660. Lots 156 to 167 and 177 to 196, or some of them, in 298 Con- veyances, 517 ; 661 Conveyances, 668 ; 676 Conveyances, 649 and 650; 708 Conveyances, 764, and 761 Conveyances, 393. Lot 213, to Frederick Steinle, in 837 Conveyances, 508. Lots 213 to 220, and 265 to 278, to Richard R. Ward, in 329 Conveyances, 271 ; and to Orsanus Bushnell, in 509 Con- veyances, 635, and in 610 Conveyances, 561. Lots 431 to 438, to Edward Sandford, in 649 Conveyances, 142. Lots 439 and 440, to same, in 648 Conveyances, 194. Lots 441 to 444, and part of 440, to Lewis H. Sandford, in 808 Conveyances, 271. Lots 445 to 450, to Edward Sandford, in 648 Conveyances, 194. 3IO THE HOPPER FARM. Lots 459 to 470, to same, in 806 Conveyances, 408. Lots 471 to 478 and 647 to 654, to same, in 649 Convey- ances, 142. I Lots 671 to 67S, 760 to S29, 846 to 854, to the Globe Fire In- surance Company, in 233 Mortgages, 184, and to Edward Sandford, in 34S Mortgages, 611, and in 457 Mortgages, 366. The following suit is open to criticism on the ground of a defect of parties. The children of Garrit H. Striker, who had a vested i remainder in their father's one-third, and also the assignee in bankruptcy and Isaac C. Delaplaine, to whom he had conveyed! the interest of Jordan Mott and Jacob H. Mott in farm in ques-i| tion were not made defendants. As far as the children of Gar-j rit H. Striker are concerned, we would probably find a ratifica- tion by them of the following partition in the subsequent suit of^ Striker vs. Striker, in 1870., hereinafter set forth, by which thej lots set apart in the next suit as the original one-third of Garritl H. Striker were partitioned among his children. With reference to Jordan Mott, it was determined in Smith vs. Scholtz, 68 New [ York, 41, that he had at the time of his bankruptcy a vested! remainder in his mother's one-third, which passed to his as- signee in bankruptcy. This suit of Smith vs. Scholtz was an action brought by James M. Smith, in whom the assignee's title | was then vested, to recover some of the specific lots set apart to Jordan Mott in the following partition suit. Besides there are on record various releases from Smith and his grantees of certain of the lots set apart to Jordan Mott. These acts might justly be considered as a manifestation on the part of the holders of the title in bankruptcy of their election to accept the lots set apart to Jordan Mott in said suit. With reference to Jacob H. Mott, there is a dictum of Judge Rapallo,in Smith z;^. Scholtz, 68 New York, 61, that his interest was divested by his death before ills mother. Of course, if this dictum is not followed, a re-ad- justment will be necessary, as no lots were set apart in the fol- lowing suit as the share of Jacob H. Mott. THE STRIKER AND MOTT PIECES. N. Y. SUPREME COURT 3ir rARRiT H. Striker, Plaintiffs vs. AMES Striker Mott, tvith James B. Wilson, as Com- mittee in Lunacy of said James Striker Mott ; Amelia Mott, 'wife_ of said James Striker Mott; Garrit Striker Mott, Jordan Mott, Matavus Hopper Mott and Ruth Ann, his ivife ; James B. Wilson, James T. Bertine, Resol- vert Stephens, Eleazer Ayres, Robert B. Minturn, William C. Burdick, Mary C. Burdick, ivife ^/William C. Burdick; Albert W. Met- CALF and An^a M. Metcalf, his wife ; Amos M. Sackett, James S. Sandford and Eliza P. Sandford his wife; Thomas S. Sandford, Or- lando A. Pegram and Mary M. Pegram, his wife; Ed- ward C. Koch and Janet L. Koch, his wife; Sarah C. Sandford, Lewis H. Sandford a7id Edward Sandford, Defendants. 863— Nov. 5. Complaint and lis pendens filed, asking loi partition of the whole Hopper farm. 312 THE HOPPER FARM, 1864 — Feb. 10. Petition of Garrit H. Striker, setting fori the death of Matavus Hopper Mott sin the commencement of this action, viz., ( 9 January, 1864, intestate, leaving him si viving his widow, Ruth Ann Mott, and tv children, viz.. Hopper Striker Mott ai Alexander Hosack Mott, his only heirs law, and asking that the action be co tinned against them. Feb. 25. Order entered accordingly. Feb. 25. Order appointing William M. Martine gm dian ad litem^ of Hopper Striker M( and Alexander Hosack Mott, on petition Ruth Ann Mott, their mother. Feb. 15. Order appointing Henry Day guardian < litem, of Lewis H. Sandford and Edwa Sandford, on petition of Thomas S. Sar ford, their brother. James Striker Mo with James B. Wilson, as committee lunacy of said James Striker Mott, Amel Mott, and James B. Wilson as trustee, a pear by Spier & Nash. Garrit Striker Mott, Jordan Mott, IVI tavus Hopper Mott and Ruth Ann M( appear by Dudley Field. Eleazer Ayres appears by William Stafford, Robert B. Minturn appears George D. F. Lord, William C. Burdi and wife appear by Alfred Roe, Albert \ Metcalf and wife appear by Benedict ' Boardman, Amos M. Sackett appears Piatt, Gerard & Buckley ; James S. San ford and wife by Augustus A Dubo Thomas- S. Sandford and wife by Rob( THE STRIKER AND MOTT PIECES. 3 13 Gosman ; Orlando A. Pegram and wife, Edward C. Koch and wife, appear by D. D. Lord, their attorney ; Lewis H. Sandford and Edward Sandford by Henry Day, their guardian ad litem^ and Hopper Striker Mott and Alexander Hosack Mott by William M. MartJne, their guardian; James T, Bertine by Benjamin T. Billings, and Resolvert Stephens by Charles W. Sandford. March 31. Findings by LeRoy Morgan, Judge. March 31. Judgment of Partition entered. Benjamin W. Bonney, James Maurice and Theodore Martine appointed Commissioners of par- tition. I65 — Jan. 10. Report of Commissioners filed. Jan. 10. Final judgment entered. The commissioners of partition in the above suit made the vision as far as possible in accordance with that made in the )mmon Pkas, in 1823, ante page 37S. They set apart to the lildren of Winifred Mott the share thereby previously set apart her. They set apart to James B. Wilson, trustee for Garrit H. riker, the portion previously set apart to the latter in said suit, ith this exception, that seventy-four lots thereof, numbered 6 to 167, 177 to 196, 213 to 220, 265 to 278, 439, 440, 445 to o, 459 to 470 were taken from said trustee's share, and lots 38 75 were substituted in their place. This was done on account certain conveyances that had been made by Garrit H. riker of said seventy-four lots. After thus substituting the lots for the said 74 lots, they set apart the residue (which. It for this change, was the portion previously set apart to Ann riker), one-half thereof to Garrit H. Striker, three-eighths sreof to Garrit Striker Mott, and one-eighth to Ruth Ann 314 THE HOPPER FARM. Mott. The following statement shows in detail the number the lots set apart to each. Sets apart to Garrit H. Striker lots 7, 8, 76 to 78, 98, 90 97, 134 to 142, 156 to 167, 177 to 196, 352 to 356, 362 to 3( 24S to 251, 294 to 297, 37S to 3S5, 213 to 220, 265 to 278, ^ to 423^ 439' 44O' 445 to 450, 459 to 470, 402 to 409, 499 to 5( 389 to 393, 395, 596 to 602, 663 to 670, 830 to 837. Sets apart to James B. Wilson, as said trustee, lots 38 to [ 221 to 229, 279, 2S0, 264, 424 to 430, 441 to 444, 487 to 41 507 to 518, 535 to 546, 555 to 566, 583 to 594, 603 to 614, & to 678, 782 to S29, 847 to 851, 760 to 781, 852 to 854, 854 877 to 901, 872 to 876, 902 to 949, 1020 to 1027. Sets apart to Thomas S. Sandford, et al., lots 431 to 438, /\ to 478, 647 to 654, 481, 482. To Eleazer Ayres lots 636 to 6 To Mary C. Burdick lots 532 to 534, 567 to 569. To Eliza Sandford lots 480, 483 to 486, 519 to 526. To Robert B. M turn, in common with the Motts, lots 103 to 115. To Ann Metcalf, in common with the Motts, lots 317 to 320. To An M. Sackett, in common With the Motts, lots 631 to 634. Sets apart to James Striker Mott lots 116 to 129, 145 to 1 201 to 204, 527 to 531, 570 to 574, 580 to 582, 615 to 617, [ to 715' 756 to 759, 855 to 859 Sets apart to Jordan Mott, lots 149 to 155, 197 to 200, 67c 6S6, 716 to 755, 687 to 693, 868 to 871, 950 to 973, 1019. Sets apart to Garrit Striker Mott, lots i to 6, 10 to 16, 2f 37, 79 to 82, 99 to 102, part of lot 98, 130 to 133, 143, 144, to 89, 172, i68, 169, 175, 176, 205 to 208, 325 to 329, 29^1 301, 349 to 351, 370 to 373, 357 to 361, 3S6, 243 to 246, 4i< 417, 451 to 458, 394 to 401, 547 to 550, 479, 838 to 840, to S6'j, 974 to 1018. Sets apart to Ruth Ann Mott, lots 9, 17, to 24, 83 to 85, to 1 74, 374 to 377, 247,387,388,551 to 554, 655 to 662, 841 to{' Sets apart to Hopper Striker Mott lots 209 to 212, 321 tO;'j| 639 to 646. THE STRIKER AND MOTT PIECES. 315 Sets apart to Alexander Hosack Mott lots 316, 330 to 334, 175 to 579' 618 to 630, 694 to 711, 860 to 863. For equality of partition directs $381.53 to be paid by Garrit i. Striker, $262.50 by Jordan Mott, $57.01 by Garrit Striker »Iott, and subjects their shares to the payment thereof. While the above suit was pending, the interest of Matavus lopper Mott, in the farm in question was sold by the Sheriff IS follows : On 31 January, 1856, a judgment was recovered against M. Copper Mott, in the Supreme Court of the State of New York, )y the United States Trust Company of New York, Receiver, or $3,481.40. An order was entered on 4 December, 1863, granting le^ve to issue an execution thereunder. M. Hopper ^ott died on 9 January 1864. James Lynch, Sheriff, by virtue )f said execution, on 6th February, 1864, sold to Theodore Vlartine all said Mott's interest in the farm in question for $ i ,200. rhe certificate of sale was assigned to Ruth Ann Mott, by as- iignment dated 22 April, 1865, and filed in the County Clerk's )ffice on 25 May, 1S65. As to the validity of a sale under ex- jcution after judgment debtor's death, see Flanagan z^5. Tinin, j7 Howard, 130, and Wood vs. Morehouse, 45 New York, 368. DEED. Dated 7th May, 1865. James Lynch, S/ierif, J Ack. 25th Ma'y, 1865. ^o \ Rec. i6th June, 1865. Ruth Ann Mott, \932 Conveyances, 444. Consideration, $1,200. Conveys all the right, title and interest which the said de- 'endant, M. Hopper Mott, had on the 31st day of January, 1856, )r at any time afterward, in the farm in question. This Sheriff" 's sale having taken place after the filing of the Hspendens in the above suit, the purchaser would be bound by he partition therein decreed. 3i6 THE HOPPER FARM. Interests of Jacob and Jordan Mott. On 27th January, 1843, Jacob H. Mott was declared a bank- rupt on his own petition, and the decree certified to W. C. H. Waddell, general assignee in bankruptcy. William Coventry H. Wad DELL, G enteral Assignee in\ Bankruptcy, to Isaac C. Delaplaine. DEED. Dated 29th Feb., i860. Ack. 1st March, i86o. Rec. 6th March, i860. 1805 Conveyances, 390. Consideration, $400. Conveys all interest in Hopper farm which passed to the said assignee. On 27th January, 1S43, Jordan Mott was declared a bank rupt on his own petition, and the decree certified to Wm. C. H. Waddell, general assignee in bankruptcy. William Coventry H. Wad- dell, General Assignee in\ Bankruptcy, to Isaac C. Delaplaine. DEED. Dated 29th Feb., i860. Ack. 1st March, i860. Rec. 6th March, i860. 805 Conveyances, 392. Consideration, $400. Conveys all interest ia the Hopper farm which passed to the said assignee. The above sales were set aside as irregular, inequitable and void, and it was ordered that assignee proceed to dispose ol assets in his hands. See order of CircuitCourt of United States THE STRIKER AND MOTT PIECES. 317 for the Southern District of New York, dated 17th June, 1864, and recorded in Liber, 900 Conveyances, 539. See lispendens^ April 10, i860. William Coventry H. Wad- dell, General Assignee in\ Bankruptcy, to James M. Smith, DEED. Dated 12th Sept., il Ack. 6th Oct., 1868. Rec. 22d Jan., 1869. 1090 Conveyances, 129. Consideration, $625. Conveys all interest of Jacob H. Mott, bankrupt, in farm of [ohn Hopper which became vested in said assignee. iViLLiAM Coventry H. Wad- dell, General Assignee in\ Bankruptcy, to James M. Smith. DEED. Dated 12th Sept., i Ack. 6th Oct., 1868. Rec. 22d Jan., 1869. 1090 Conveyances, 132 Consideration, $725. Conveys all interest of Jordan Mott, bankrupt, in farm of ohn Hopper which became vested in said assignee. DEED. AMES M. Smith and Emuane I Dated 23d June, 1871. S., /lis wife, ( Ack. 28th June, 1871. to I Rec. 6th Feb., 1872. David Tallmadge. \ 1196 Conveyances, 472. / Consideration, $1,800. Conveys all interest of both Jacob H. Mott and Jordan Mott I farm of John Hopper as conveyed by two preceding deeds. It was held by the Court of Appeals in Smith vs. Scholtz, sported in 6?> New York, 41, that the saiil Jordan had a vested :mainder in the farm in question, and that his interest was of 318 THE HOPPER FARM. such a nature as to pass to his assignee in bankruptcy, interest of Jacob H. Mott was not involved in the case. Th David Tallmadge to Veeder G. Thomas. DEED. Dated 15th Feb., 1872. Ack. 17th Feb., 1872. Rec. i6th March, 1872. 1 195 Conveyances, 645 Consideration, $2,000. Conveys all the interest, etc., of Jordan Mott and Jacob H Mott in any real estate described or referred to in will of Johr Hopper (specificall)' describing the tract in question.) DEED. Dated 24th June, 187^ Veeder G. Thomas {unmarried) V Ack. 24th June, 1873. to \ Rec. 24th June, 1873. Wn.LiAM Henry Adams. V 1265 Conveyances, 32. Consideration, $3,600. Conveys all interest, etc., of Jordan Mott in any real estat described or referred to in will of John Hopper (specificali describing the tract in question), except certain lots heretofor released. DEED, Veeder G. Thomas (zev^^w^r)] Dated ist April, 1872. to (Ack. 1st April, 1872. Thk Union National Bank in/' Rec. ist April, 1872. the City of New York. \ 1207 Conveyances, 29; /Consideration, $250. Conveys all interest, etc., of party of first part in the shan THE STRIKER AND MOTT PIECES. 319 )art or portion which Jacob H. Mott had or claimed in the tract n question. The above Conveyance was taken by the Union Bank to pro- ect any interests they may have derived under the following nstruments : ACOB H. MoTT rt-;/*^ Julia M., his zvife, to [he Union Bank in the City' OF New York. MORTGAGE. To secure $55,469.26. Dated i6th Feb., 1859. Ack. i6th Feb., 1859. Rec. 17th Feb., 1859. 582 Mortgages, 124. Covers all the undivided estate, right, title and interest which he said parties of the first part now have, or which they shall lereafter have, of, in and to the tract in question, specifically lescribing it. DEED. \ [acob H. Mott ^//^ Julia, his) Dated 29th May, 1858. wife, ( Ack. 8th June, 1858. to f Rec. 4th Dec, 1858. Ellen W. Soule. \ 762 Conveyances, 583. yCons. $5,449.75. Conveys all their undivided right, title and interest in ract in question. The above deed was re-recorded in Liber 952 Conveyances, J25, on 18 December, 1865. 320 THE HOPPER FARM. AGREEMENT. Ellen W. Soule with The Union Bank in the City/ OF New York. Dated i6th Feb., 1859. Ack. i6th Feb., 1859. Rec. 17th Feb., 1859. 'jj^ Conveyances, 'jd. 582 Mortgages, 122. Consideration, %\o. Agrees that the above Mortgage shall be a lien on said rea estate prior to the interest conveyed to her by previous deed. DEED. Ellen W. Soule and George W. Soule to Amos M. Sackett. Dated nth Feb., 1865. Ack. 14th Feb., 1865. Rec. 27th March, 1865. 930 Conveyances, 353. Consideration $50,000. Conveys tract in question, adding : it being intended by thesf presents to convey all the right, title, interest and estate whicl were vested in said Ellen W. Soule, under or by virtue of th( preceding deed, and generally all her interest in said premises. Amos M. Sackett agreed ^to sell to George W. Soule, fo: $50,000, all interest which he had acquired by the previoui deed. See agreement recorded in 933 Conveyances, 385. On 3d February, 1S60, George W. Soule recovered a judg ment against Jacob H. Mott, in Supreme Court, and his interes in the tract was sold to J. A. H. Sackett by virtue of an execu tion issued thereunder. There are two certificates of sale filec in County Clerk's office, one of portion on East side of Blooming dale Road and the other of property on the West side thereof. THE STRIKER AND MOTT PIECES. 321 Jacob H. Mott died on 14 May, 1861, before his mot'ner. By- is will, recorded in Liber 137 Wills, 254, he devised all his es- ite, real and personal, to his wife Julia, who afterwards married iphraim Hunt. N. Y. SUPREME COURT. :he Union Bank in the City OF New York, vs. ULiA M. Hunt, Ephraimj Hunt, and others. 866 — Nov. 19. Judgment of foreclosure and sale entered. ' \ DEED. Douglas Campbell, J Referee, f Dated 20th Oct., 1871. to >Ack. 20th Oct., 1871. fHE Union National BANKlRec. 20th Oct., 187 i IN the City of New York, \ii8o Conveyances, 651. /Consideration, $2,000. Conveys all the undivided estate, right, title and interest irhich Jacob H. Mott and Julia M. Hunt, then Julia M. Mott, r Ellen W. Soule had on the i6th day of February, 1859, the ay of the date of the mortgage mentioned in said judgment, r which they should thereafter have, of, in and to all the tract n question, excepting certain lots. The case of the Union National Bank vs, Jacob Kupper, re- (orted in 63 New York, 617, involved the question of the valid- ty of the title vested in the Bank by the preceding deeds. The ot in question in that action was in the third part assigned to ^nn Striker, and under the partition last mentioned, set off to 322 THE HOPPER FARM. Garrit S. Mott as devisee of Winifred Mott. The court hel that as to that part of the farm, Jacob H. Mott had r.o interes contingent or vested, when he executed the mortgage, as, upc the death of Ann Striker, the latter's brother and sister took a estate in fee simple in her third. But the Court refused to pa upon the question as to whether Jacob H. Mott, who died befoi his mother Winifred Mott, had such an interest in the portic of the farm set apart to her as would pass any title to the Bar under said referee's deed. The case of Smith vs. Scholtz, n ported in 68 New York, 41, holds, at page 61, that the estate ; the children of Winifred Mott, was a vested remainder, and the same time there is a dictum to the effect that such remaind( would be divested as to any of her issue who may have die before her. Pending the above conveyances of the title derived from tl assignee in bankruptcy, the following Sheriff's sales and co veyances had been made of interest of Jordan Mott. On 3d March, 1856, a judgment for $403.94 was recover against Jacob H. Mott and Jordan Mott by William Snediker the Superior Court. An execution was issued thereunder ( 6th November, 1S63, by virtue whereof the Sheriff sold to The dore Martine all the interest of Jordan Mott at the time of jud ment in the whole tract in question for $750. DEED. \ Dated 30th March, i8( James Lynch, Sheriff, &c., /Ack. loth May, 1865. to >Rec. 29th May, 1865.' WiLLTAM A. SCHOMP. 1 928 Conveyances, 473' /Consideration, $ri,4j Recites above judgment and sale by execution tliat ti premises so sold were redeemed from the sale by other ju( THE STRIKER AND MOTT PIECES. 323 nent creditors as follows : First by William A. Schomp, then )v Thomas G. Shearman, then by John B. Stratton, then again )y Thomas G. Shearman, then by Lazarus Minster, then again )y William A. Schomp, then by William Patrick, receiver, etc., ind finally again by William A. Schomp, as assignee of a judg- nent against Jordan and Jacob H. Mott, recovered in Supreme I!ourt by William C. Arthur, et al.^ on 34th November, i860. Conveys all the right, title and interest which Jordan Mott lad on 3d March, 1856, or at any time afterwards of, in and to he whole tract in question. Certificates of the various redemptions recited in preceding lead will be found recorded in Liber 928 Conveyances, pages ^36 to 473, and were filed in the County Clerk's office on 16 une, 1865. The certificate of sale was also filed there on 31 December, 1S63. DEED. Dated 12th Jan., 1870. William A. Schomp Mck. 12th Jan., 1870. io \ Rec. 27th Jan., 1870. Jordan Mott. i 1140 Conveyances, 54. Consideration, $1. Releases all interest in said tract. On 13 March, 1864, two certificates of sale were filed in the !^ounty Clerk's office, one certifying to sale to Theodore Martine if all interest of Jordan Mott, on 6 October, 1855, in the portion f the tract in question lying East of the Bloomingdale Road ; nd the other certifying to sale to Amos M. Sackett of all inter- st of Jordan Mott, on 6 October, 1855, in portion of tract in [ueslion lying West of ttie Bloomingdale Road. Both sales ^rere made under a judgment recovered against Jordan and acob H. Mott by August Sackett, in Supreme Court, on th October, 1S55. Amos M. Sackett assigned the certificate f sale to Elisha B. Sackett, by assignment dated 20 Feb- 324 THE HOPPER FARM. niary, 1S65, and recorded in 935 Conveyances, 366. 1 assigned the same to Thomas G. Shearman, by assignment dati 25 March, 1865, and recorded in 935 Conveyances, 366. I assigned the same to Jordan Mott by assignment dated 29 May, 1865, and recorded in 935 Conveyances, 367. Portion Set Apart to Wu^son, Trustee. Garrit H. Striker died on 15 April, 1868, leaving him si viving tv/o children, James Alexander Striker and Ambro Kingsland Striker, and two grandchildren, Ellsworth L. Strik and Joseph M. L. Striker, children of George Henry Strik( a deceased son. These were his only descendants living at 1 death, and his only heirs-at-law. The interest of the said George Henry Striker in the tract question had been sold by virtue of an execution issued undei Judgment against him and conveyed to Julia Ann H. Sacke by deeds recorded in Liber 946 Conveyances, pages 41 and z] The certificates of sale were filed in County Clerk's office on March, 1864. She conveyed the interest thus conveyed to her Ellen W. Soule, by deed dated 17 September, 1866, and record Liber 996 Conveyances, page 61. She in turn conveyed Peter D. Sturges, by deed dated 18 October, 1866, and record in Liber 987 Conveyances, page 321. N Y. SUPREME COURT. " James Alexander Striker, rt«^ Ambrose Kingsland Striker agst. Elsworth L. Striker, Joseph I M. L. Striker and Letitta M. Striker. 1 868 — Sept. 9. Summons dated. THE STRIKER AND MOTT PIECES 325 5. Complaint filed for a partition of the lots set apart to James B. Wilson, Trustee in the preceding suit, which lots, it is stated, were the only real estate in this State which was owned in common by parties hereto. Sept. 14. Elsworth L. Striker and Joseph M. L. Striker served with summons. Sept. 28. Nathaniel Jarvis, Jun., appointed guardian ad liie?)i for Elsworth L. Striker, an infant under 14, on petition of said Jarvis, who was also general guardian. Bond in pen- alty of $500. Sept. 28. Nathanial Jarvis, Jun., appointed guardian «(/ /^Ve/« for Joseph M. L. Striker, an infant under 14, on like petition, and like bond directed. Nov. 5. Said infants answer. [869 — Feb. 2. Letitia M. Striker answers, admitting allega- tions stated in complaint. Feb. 3. Findings of fact and law signed by Judge Sutherland. Finds, besides the facts here- inbefore stated, that Garrit H. Striker, for counsel fees, had conveyed lots 441 to 444 to Lewis H. Sandford, lots 487 to 498 to Charles O'Connor, lots 507 and 511 to Marshall S. Bidwell, and that these con- veyances were made for the benefit of the parties hereto. Feb. 23. Interlocutory judgment for partition. James Maurice, John R. Brady and James T. Moulton appointed Commissioners of par- partition. 870 — March 19. Report of Commissioners filed. 326 THE HOPPER FARM. 1870 — March 19. Final judgment entered ; directs that 8-120 the expenses of the suit be paid by plaintiffs and "that Elsworth L. Striker and Josepl M. L. Striker each pay 2-12 thereof, anc that such amounts shall be a lien on theii respective lots. The Commissioners allotted to plaintiffs, as joint tenants, th{ eighteen lots above specified as conveyed for counsel fees, sc that said plaintiffs could release and convey the same to saic grantees, and then allotted to James Alexander Striker anc Ambrose Kingsland Striker, to be held by them in common, lots designated on map filed in Case 660, New York Register's office as lots number 38 to 75. 221 to 229, 279, 280, 264, 424 10430 508 to 510, 512 to 518, 541 to 546, 555 to 560, 583 to 594, 602 to 614, 877 to 901, 872 to 876, 902 to 949, 1020 to 1027. Thej set apart to Elsworth L. Striker lots on said map numbered 53= to 537' 564 to 566, 675 to 678, 763 to 765, 772 to 777, 781 tc 784, 827 to 829, 7S8 to 793, 81S to 823, 800 to 802, 809 to 811 852 to 854, 854 A. They set apart to Joseph M. L. Striker lots on said map num bered 538 to 540, 561 to 563, 671 to 674, 760 to 762, 766 to 771 778 to 780, 785 to 787, 824 to 826, 794 to 799, 812 to 817,80; to 808, 84710 851. They direct that for equality of partition the plaintiffs shal pay $4,361.03 as follows: $2,921.21 thereof to Elsworth L Striker, and $1,439.82 thereof to Joseph M. L. Striker. tyfme^. yvmed. i I L W\JO il iiuc ueing m\ Northeast, it contains in all about five hundred acres or hundred and fifty morgan." ONVEYs said premises to the patentees. he above patent appears to have been revoked and the wing one given in its place. -J ~1 tCL^€3t, 71/?/. ^<.4/vXM^rr_ THE COSINE FARM. The farm in question is included in the following patents; PATENT. Sir Richard Nicolls, Governor, cS-*?., f Dated 3d Sept., 1667. to \ Rec. in Sec'y of State's HOMAS Hall, Jan Vigne, / Office, at Albany, Egbert Wouters and jA-y 2 Patents, 97. COB Leanders. " Whereas there is a certain parcell of land lying and being i)on this Island Manhattans to ye North of ye Great Creeke or [ill stretching alongst ye North River five hundred rods and fnning in depth into ye Island three hundred rods a line being ijawn Northeast, it contains in all about five hundred acres or hundred and fifty morgen." Conveys said premises to the patentees. I The above patent appears to have been revoked and the lowing one given in its place. I 328 THE COSINE FARM. Sir Richard Nicolls, Governor etc., to Johannes Van Brugh, Thom- as Hall, John Vigne, Eg- bert WouTERs and Jacob' Leanders. PATENT. Dated 3d Oct. 1667*^ Rec. in Secretary ( State's Office at A bany. 2 Patents, iii. '" Whereas there is a certain tract or parcel of land upc this Island Manhattans lying and being to ye North of ye Gre; Creeke or Kill, stretching in length from 3'e said Creeke or Ki alongst ye river commonly called and known by ye name 1 Hudson's or ye North River eight hundred rods, and from 3 said river stretching in depth or breadth two hundred and fif rods." Conveys said premises to the patentees. It would appear from the following deed that Isaac Bedlov died seised of an undivided fifth of said patented premises. Thomas Howarden (^;/ Proved 9th Dec, 1761. 'ornelius Cousine, Junior,y Rec. loth Dec, 1761. and Balm Johnson^Cousine. 136 Conveyances, 46. / Consideration, £1,000. Conveys all that certain tract of land, situate, lying and being n Manhattans Island, bounded on the South by the land ot ohn Hopper, and on the North by the land of James Delancey, Isq., our present Lieutenant-Governor of the Colony of New 330 THE COSINE FARM. York, and on the West by the North or Hudsons River, ai on the East along or adjoining on the commons, by estim tion, sixty rods, be it more or less, and in length two hii dred and fifty rod, more or less, English measure. The above deed was set aside by decree in suit of Jacob Hj sen et al.^ v. Catharine Cosine ct al., which was entered Albany on i6th October, 1807. See post page 337. Cornelius Cosine, the elder, died on 4 January, 1765. Last Will and Testament /Dated 14th Dec, 1762 of /Proved 8th April, I'jt Cornelius Cosine. \25 Wills, 45. "I also give and bequeath to my said son Garrett and 1 lawful heirs forever, one fifth part of my farm at Bloomii Dale, which said fifth part joins on Han's Hopper, thence ri: ning down, joins on the North River. * * * I also gi and bequeath to my said son Cornelius and to his lawful he forever, one fifth part of my farm at Blooming Dale, which Sii fifth part joins on Delancey ; thence running down, joining ' the North River. Item, I give and bequeath to my son Bal Johnson Cosine and his lawful heirs forever, one fifth part my farm at Blooming Dale, which said fifth part on the Soul west joins on his brother Garrett, and running down joins the North River. Item, I give and bequeath unto my daughl Margaret (intermarried with Nicholas Fletcher), and to 1 heirs forever, one fifth part of my farm at Blooming Da joining on the main road thence running down to the Noi River, which said fifth part joins to her brother Balm Johnsc Memd. That part of the said farm over the road which joins to t GENERAL EARLY TITLE. 33 1 Commons is excepted. Item, I give and bequeath unto my daughter Sarah (intermarried with William Swanser), and to her leirs forever, one fifth part of my farm at Blooming Dale, which >aid fifth part joins upon the Main road, and running down joins )n the North River, which said fifth part joins to the land of ler sister Margaret. Md. That part of the said farm over the 'oad which joins to the Commons is excepted. Item, I give ind bequeath unto my three sons (viz.), Garrett, Cornelius and Balm Johnson, and to their heirs forever, all that part of ny farm at Blooming Dale, which joins on the road and ZJommons, which said part is excepted as above from my daughters Margaret and Sarah, and which said land is to be equally divided between my three sons aforesaid. Item, all the rest, residue and remaining part of my estate in New York, whatsoever and wheresoever (after the above legacies are paid and satisfied), I will and desire shall go to and among my five :hildren and to their lawful heirs. * * * Item, I further will and declare that if any of my children die without lawful issue, what I have hereby bequeathed to them ihall be equally divided among my children then living * * * Provided, nevertheless, it is my will, that if any of my children above- named think their fifth part of the land that I have bequeathed to them at Blooming Dale be too small for a farm, I further will and direct that my said children shall have full power to sell, convey and assign to each other, their respective fifth part or parts of said land, and the money which said fifth part or parts of land sells for, is to be layd out by my executors in a purchase of a free estate in houses or lands for them and their heirs forever, anything in this my last will and testament to the contrary notwithstanding. 332 THE COSINE FARM. Cornelius Cosine the first, at his death, left him surviving his widow, Deborah, who died prior to April, 1775, and the fol- lowing children, his only heirs at law : 1. Garret Cozine. 2. Cornelius Cozine, the second. 3. Balm Johnson Cosine. 4. Margaret, wife of Nicholas Fletcher. 5. Sarah, wife of William Swansen. Margaret, wife of Nicholas Fletcher, died prior to the year 1774, intestate, and leaving her surviving her husband and one child, Lettice, or Letitia, who married Peter Hegeman, on 2d May, 1 78 1. Sarah, wife of William Swansen, died prior to the year 1801, intestate, and leaving her surviving one child, Sarah, who mar- ried John Stake. Share of Garret Cosine. Garret Cosine died in i^'J2. ! Dated i6th Feb., 1759. Proved 22d Oct., 1773. 28 Wills, 519, also in 32 Wills, 148. " First, after all my just debts be paid and discharged, I give and bequeath to my loving wife, Jane Cozine, all my real and personal estate, as long as she remains a widow. But if she, maryes, only the one third as long as she lives. Secondly, I bequeath to my son Cornelus Cozine, all my apparel and fiver pound more than the third part of my estate. Thirdly, I be- queath to my daughter Cathern the one third, and to my GENERAL EARLY TITLE. 333 daughter Hannah one hundred pound more than the third of my estate to be payd by CornelusCozine and Cathren Cozine." The widow of Garret Cozine died shortly after her husband without having again married. Cornelius Cozine, the third, died in or about the year i779» intestate, unmarried, and with- out issue. Hannah Cosine died about 1788, intestate, unmarried and without issue. Thus Garret Gozine's whole interest in farm in question became vested in " Cathern" Cozine. She intermarried with Jacob Harsen, on 20th January, 1773. DEED. Jacob Harsen ^W Catharine, i Dated 28th May, 1790. his zvife, ( Ack. 29th May, 1790. ^0 ? Rec. 24th Aug., 1790. Gabriel Furman. \ 46 Conveyances, 239, J Consideration, 5s. Recites will of Cornelius Cozine and Garret Cozine, and that Catherine Harsen is the only surviving child of the said Garret Cozine. Conveys, with much other property, also all that one undi- vided part of all that House, Farm and lands, situate, lying and being in Bloomingdale, in the County and State of New York aforesaid, late in the possession of Garret, Cornelius and Balaam Johnson Cozine, but now of Catherine, the widow of the said Balaam Johnson Cozine, Jacob Harsen, John Stake and Peter Hegerman. The omission of the word "freely" in the certificate of Mrs. Harsen's acknowledgment, was long afterwards made the ground of an attack on the title by the heirs of Mrs. Harsen. 334 THE COSINE FARM. It was held by the Chancellor that the certificate was a sufBcien compliance with the statute. See Merriam vs. Harsen, 2 Barb. Ch., Rep. 232. This decision was afterwards affirmed by th Court of Appeals, but the case is not reported. Gabriel Furman and Sarah, J Dated 29th May, 1790. his %vife, \ Ack. 29th May, 1790. to f Rec. 26th Aug., 1790. Jacob Harsen". \ 46 Conveyances, 246. / Consideration, los. Contains same recitals and convej'S same premises. Share of Cornelius Cosine, the Second. He died on 7th April, 1774, without issue, never havin married. By the terms of his father's will it was provided thi if any of testator's children die without lawful issue, that whj was thereby bequeathed to them should be equally divide among testator's children then living. Notwithstanding th devise over, Cornelius Cosine, the second, attempted to dispos of his share in his father's estate by the following will. In tl: suit of Harsen vs. Cosine, hereinafter set forth, page 337, th will was held inoj^erative, and the devise over in his father will sustained. Last Will and Testament i Dated i8th March, 177. 0/ \ Proved 4th April, 177 Cornelius Cosine, tlie Second. 129 Wills, 474. Item, I give and bequeath unto my loving mother Deborf Cosine, all the mean profits of my real estate, during her natur GENERAL EARLY TITLE. 335 Item, I give and bequeath unto my brother Balm mson Cosine, all my wearing apparel, together with the rest my personal estate. Item, I give, bequeath and devise unto r said brother Balm Johnson Cosine's seven children (to wit, rah, John, Hannah, Deborah, Nicholas, Cornelius and tharine), and to their heirs and assigns forever, all the re- linder rest and residue of my estate both real and personal her in possession, or reversion, to be equally divided between jm, share and share alike, by even and equal portions as lants in common, and not as joynt tenants. Nevertheless, it my further will, and I do order and direct, that if it shall so ppen that any or either of them should die under the age of enty-one years, and without lawful issue, then I give his, her, their respective dividend and share aforesaid of my estate ually to the survivor or survivors of them, their heirs and signs by even and equal portions as tenants in common, and it as joynt tenants. Share of Balm Johnson Cosine. He died on 17th January, 1783- Last Will and Testament /Dated 30th Dec, 1782. of \ Proved 20th Jan., 1783. Balm Johnson Cosine. I 35 Wills, 179. Item, I do give and bequeath unto my loving wife Cornelia .1 the mean profits of my estate, both real and personal, during er widowhood, in full barr and discharge of her right, title of pwer of, in, or to my estate, or any part or parcel thereof. 336 THE COSINE FARM. Item, I do give bequeath and devise, after the intermaniag or decease of my said wife Corneha, unto my loving sonjohi all my right and title belonging unto me of all that certain tra< of land whereon my barn stands on the opposite side of m dwellinghouse, and land lying and being in the outward of th City of New York, Bloomiiigdale Road, the land fronting sai road, and the rear, the North River, to hold the same unto m said son John, his heirs or assigns forever, on condition her after mentioned. Item, I do give, bequeath and devise un my loving son Cornelius, all my right and title belonging to n: of all that certain tract of land whereon my dwellinghouse no stands, lying and being in the outward of the City of Ne York, Bloomingdale Road, the land fronting the road and tl rear the commons, to hold the same unto my said son Corneliu his heirs or assigns forever, on condition hereafter mentione Item, I do give, bequeath and devise unto my eight loving ch dren (to wit), John, Cornelius, Sarah, Hannah, Deborah, Cat arine, Rachel and Jane, all the remainder, rest and residue my estate, real and personal, in the City of New York or els where, in possession, remainder or reversion, to be equal divided share and share alike, as joint tenants and not tenai in common. Item, it is my will and order, and do dire( that if it so should happen that any or either of my said childri should die under full age or marriage without lawful issue, ther give him, her or their respective dividend or share aforesaid my said estate equally to be divided to the survivor or si vivors of all my children, their heirs or assigns, by even ai equal portions as join tenants, and not tenants in commc Item, I further order, will and direct, that my son John, ai Cornelius above mentioned, that each of them must pay t sum of three hundred pounds, New York money, apiece, for t land above given to them, which money shall be divided amonj my six children (to wit), Sarah, Hannah, Deborah, Catharii Rachel and Jane, to them or their heirs or assigns. GENERAL EARLY TITLE. 337 Cornelius Cozine (the fourth), mentioned in above will died hin a few years after his father, intestate, unmarried and hout issue. lannah Cosine died prior to year 1801, intestate, unmarried, I without issue. jarah Cosine afterwards intermarried with John Hopper. )eborah Cosine, afterwards intermarried with James Ber- ane Cosine afterwards intermarried with Isaac Ackerman. n iSoi a bill in chancery was filed by Jacob Harsen and harine, his wife, only daughter and heiress of Garret Cosine, , deceased ; Peter Hageman and Lettice, his wife, only ighter and heiress at-law of Margaiet Fletcher, formerly rgaret Cosine, deceased ; Sarah Stake (late the wife of John ke, now deceased), only daughter and heiress-at-law of Sarah anson, formerly Sarah Cozine, deceased, and Nicholas tcher Hageman, Sinthia Hageman, Margaret Hageman, e Frances Hageman, Lettice Hageman, Martha Hage- n, children of the above-named Peter Hageman, by said Peter Hageman, their next friend, against harine Cosine, widow ; John Hopper and Sarah, his wife ; n Cosine, James Bertine and Deborah, his wife ; Catharine sine, the younger ; Rachel Cosine and Jane Cosine (which 1 Catharine Cosine, widow ; Sarah Hopper, John Cosine, borah Bertine, Catharine Cosine, the younger ; Rachel sine and Jane Cosine are the widow and children of Balm inson Cozine) to obtain a construction of the will o( Cor- ius Cosine, the first, and to set aside the deed from him con- ing the tract in question to his sons Cornelius and Balm inson Cozine, recorded in Liber 36 Conveyances, 46, and einbefore set forth ante page 329. rhe bill in this suit set forth that this deed was obtained hout consideration, and that afterwards the grantees having n lodged in jail for debt, entered into a written agreemen t 338 THE COSINE FARM. with their father to surrender said deed if he would proci their release, by discharging said debt. That their father the upon paid said debt, and the deed was delivered up to him be cancelled. That upon their father's death Balm Johnson j possession of said deed. The bill also claimed that the dev by Cornelius the second, of his interest in said farm was inval as by his death without issue, according to the terms of father's will, his interest in said farm passed to his survivi brothers and sisters. On 1 6 October, 1807, a decree was entered in said suit, whi is on file at Albany. This is recorded at length in Volume Chancery Minutes, page 103. This decree establishes the v of Cornelius Cosine, the elder, and adjudged that the farm question, on his death, became vested in his five children in f but under the limitation over, in case of any dying with( issue, in which event it was further adjudged therein that si share vested in the "others of them and their legal representativ each of the said surviving children or their representatives have an equal portion thereof," and that Jacob Harsen, Lett Hageman, and Sarah Stake are each seised of one fourth of 1 land devised to Cornelius Cosine the second, by his fathe will, and that the children of Balm Johnson Cosine were seii of the remaining fourth part thereof. The decree then dire a partition of said farm. The defendants gave notice of appeal, but the suit was cc promised, and the parties agreed upon a division of the farm, which division the portion of the farm lying west of the Bloc ingdale Road, was divided into four lots. Lot number c which was the Southerly lot, was set apart to Cornelius Hars lot number two, which adjoined Lot one on the North, a set apart to John Cosine ; lot number three, which adjoined two on the North, was set apart to Lettice Hageman ; and number four, the Northerly lot, was set apart to Sarah Str The portion east of the Bloomingdale Road was divided i GENERAL EARLY TITLE. 339 I lots. The Southerly lot, containing ten acres, was set apart acob Harsen ; and the northerly lot, containing thirty acres, i set apart to the children of Balm Johnson Cosine. All the ties who could take any interest in the farm of Cornelius line joined in a release to each of said parties of the lot thus apart to him or her. The releases will be hereinafter given, ;onsidering the title to each lot. n Liber S2 Conveyances, 229, is recorded a release, executed all the parties to the above-mentioned suit, of all claims for ts and profits of any portion of said farm. It recites that 1 suit had been commenced but had been compromised, and ■ the parties had agreed upon a division of the farm. V^e will first trace title to the portion of the farm lying on ist side of Bloomingdale Road, taking up the lots in numer- order. .ot»&5v» sry»~ f«'^^ , - \-iSc»«-:>V^ o : ^,»S^\ -itvjv *«5^^ d _ 8«t\ ^.t\ k ;er- in ^ 24 i-m. U%' "T^ y ^ CQ >5J- Us^V D. of ;er- in LJ mm^- 5 tr ,L LJ O MAP THE COsTnEFARM LYINC WElSTorlO^KAVLNUL. ^u Jl\^/. '/u,^ .U^^^^^ ^cj^^y:/ti,c^.,.,^„ .^(2^^^c/^^7l^^^^. ^Jt^ ^=-^r^£^ i < SO Vsv 1 THE COSINE FARM. ESTOFTHEBLOOMINGDALEROAD. .OT Number One on West Side of Blooming- dale Road. his, as just shown, was set apart to Jacob Harsen. [N Cosine, Peter Hage- :an and Lettice, his zvife ; arah Stake, Catharine osine, John Hopper, and\ arah, his wife ; James Ber-| INE and Deborah, his wife ; atharine Cosine, thei "ounger; Rachel CosineI Id Jane Ackerman, to Jacob Harsen. DEED. Dated 9th Feb., 1809. Ack. 9th Feb., 1809. Rec. 6th March, 1809. 82 Conveyances, 232. Consideration, $1. ONVEYs all the right, title and interest of the parties of first part, of, in and to all and singular those two cer- lots, pieces or parcels of land situate, lying and being in 342 THE COSINE FARM. the Ninth Ward of the City of New York aforesaid, be parcel of the farm formerly the property of Cornelius Cosine, elder, late of the said city, deceased, and being respectiv bounded as follows, that is to say : one of the said two 1< pieces, or parcels of land begins at a point on the West sidf Bloomingdale Road where the said road is intersected by line running along the North side of the farm or land of Jc Hopper, and runs from thence North twenty-four degrees i five minutes East along the West side of the said road t hundred and fifty-two feet nine inches ; from thence North foi eight degrees and forty minutes West three thousand six h dred and eight feet (be the same more or less) to the No or Hudsons River ; from thence down and along the the s: river (be the distance more or less) to the said farm or land the said John Hopper, and from thence along the line of the s; farm or land of the said John Hopper as the fence now stan or as the true line may run, to the Bloomingdale road afores: at the place of beginning. Containing twenty acres, one re and nineteen perches, be the same more or less. Jacob Harsen died on 25 July, 1835. Last Will and Testament I Dated 26th March, 18; of \ Proved 15th Sept., 18; Jacob Harsen. V 74 Wills, 215. Item, I give, devise and bequeath unto my grandchildi Jacob Harsen, Cornelia Rachel Harsen, Magdalen Rit Harsen, Catharine Harsen and Maria Elizabeth Harsen, spectively, each one equal undivided fifth part of all that certd lot, piece, or parcel of land situate at Bloomingdale, in 1 Twelfth Ward of the City of New York, and lying between 1 Bloomingdale road and the Eighth Avenue and the lands oft heirs of John Hopper, deceased, and the lands of the heirs WEST OF THE BLOOMINGDALE ROAD. 343 1 Cosine, deceased ; and also that lot, piece or parcel of I, situate at Bloomingdale aforesaid, between the Eighth the middle of the Ninth Avenues and the lands of the heirs 1 Hopper, deceased, and the lands of the heirs of John ine, deceased ; also all that lot, piece or parcel of land, situate Jloomingdale aforesaid, lying between the middle of the th Avenue and the Hudson River and the lands of the heirs jhn Hopper, deceased, and the lands of the hrirs of the said 1 Cosine, deceased, to have and to hold the same unto them said grandchildren, respectively, and their respective heirs assigns forever. I also give, devise and bequeath one other equal, undivided seventh part of the aforesaid lots, pieces arcels of land to my Executors, hereinafter mentioned. To i and to hold the same to them my said executors, and the Ivors or survivor of them, for and during the natural life of grandson John Peter Ritter Harsen, upon the trusts by me linafter mentioned and expressed of and concerning the e. And I do give, devise and bequeath the remaining one il undivided seventh part of the aforesaid lots, pieces, or par- of land unto my executors hereinafter named, To have and to I the same to them, my said executors, and the survivors survivor of them, for and during the joint natural lives of granddaughter Joanna Ritter Harsen, wife of Abraham A. II and of her said husband, upon the trusts by me hereafter itioned and expressed of and concerning the same. But I ;r and direct, and the aforesaid devise in this item of my is made upon the express condition, that no sale or partition 1 be made of the aforesaid lands, or any part thereof, until ny said grandchildren or the survivors of them shall have ined the age of twenty-one years. Item, in case of the jase of any of my said grandchildren before my decease, ing lawful issue him, her or them surviving, I give, devise bequeath the share or portion of the aforesaid lands so de- d to such deceased grandchild, or to my said executors in 344 THE COSINE FARM. trust for him or her as before mentioned, unto the lawful iss of such deceased grandchild, To have and to hold the sai unto such lawful issue, his, her or their heirs and assigns forev And in default of leaving issue him, her or them surviving give, devise and bequeath the said share or portion of said lar so devised to such deceased grandchild, or to my Executors trust for him or her as before mentioned, unto and amongst r surviving grandchildren, children of my said son Cornelius, ' have and to hold the same unto them my said survivi grandchildren, their heirs and assigns forever. Item, whereas I have hereinbefore given, devised and I queathed unto my Executors hereinafter named, and the si vivors and survivor of them, sundry lands and premises, to ha and to hold the same unto them my said Executors, and t survivors and survivor of them, for and during the natui life of my granddaughter Joanna Ritter Harsen,wife ot Abrahs A. Prall, and of her said husband, upon the trusts to be by t made and expressed of and concerning the same. Now, the fore, I do hereby declare such trusts and the aforesaid devises a bequests are made to my said executors, and the several estal hereinbefore given to them are to be held by them upon the tru following, that is to say : that my" said Executors and the si vivors and survivor of them, during such joint lives, rent t same at and for such rents as can be had or gotten therefi and collect and receive such rents and pay the same from tir to time as the same shall be received to my said granddaughi upon her own separate receipt or order, free from the debts, cc trol or disposition of her said husband. And upon the decease the said Abraham A. Prall, leaving her my said granddauglil them surviving, I give, devise and bequeath all and singul the lands and premises so as aforesaid devised to my said Exc cutors during such joint lives as aforesaid, unto my said gran daughter, To have and to hold the same unto her my said grar daughter, her heirs and assigns forever, and in case of the c WEST OF THE BLOOMINGDALE ROAD. 345 se of my said granddaughter, leaving her said husband her viving, then, upon her decease I give, devise and bequeath the J lands and premises to and amongst the children of my said nddaughter w^ho shall be living at the time of her decease, 1 the descendants of such of them as shall have then de- sed, such descendants, however, to have and to take the re and portion only to which his, her or their parent or ents would have been entitled if living. And I give, devise 1 bequeath the same to the said children of my said grand- ighter and the descendants of such of them as shall have de- sed, their heirs and assigns forever, in the proportion afore- i tern, whereas, I have hereinbefore given, devised and be- jathed unto my executors hereinafter named, sundry pieces and and premises, and also the sum of two thousand dollars, have and to hold the same unto them, my said Executors I the survivors and survivor of them, during the natural life ny grandson, John Peter Ritter Harsen, upon'the^trust to be me afterwards mentioned and expressed concerning the same, w, therefore, I do hereby declare such trusts, and the said s, devises and bequests are made to my said Executors, and several estates and the aforesaid sum of money are to be d by them upon the trusts following, that is to say : that my i executors let and lease the lands and premises so devised to m, at and for such rents as can be had and gotten therefor, I that they place the said sum of two thonsand dollars at :rest in some safe and secure manner in their discretion, and t they collect and receive all such rents and interest, and pay same to my said grandson^ John Peter Ritter^ Harsen, for I during the term of his natural life. Upon the decease of said grandson, John Peter Ritter Harsen, I give, devise and [ueath all and singular the lands and premises and sum of ney so devised to my said Executors, during the life of my 1 grandson, unto and amongst the children of my said grand- 346 TffF, COSINE FARM. son who shall he hvinj; at the time of his decease, and the d scendants of sncti of tliem as shall have then deceased, sue descendants, however, to stand in the place of, and take on the siiare or portion to which his, her or their parent or paren would have been entitled if living. To have and to hold tl same to tlie children of my said grandson, anfl tlic descendan of such of them as shall have deceased, his, her or their hei and assigns forever, in the proportions aforesaid, and in defau of any such children of my said grandson or the descendants any deceased child or children of my said grandson, I give, d vise and bequeath all and singular the said lands and premis and sum of money unto and amongst my surviving granchildre the children of my said son Cornelius. To have and to ho the same unto them my said surviving grandchildren, the heirs and assigns forever. And lastly, I do here})y nominate, constitute and appoint n friends John A. Mildeberger, of the City of New York, Broke and James Cockroft, of the same City, Physician, and my afor said grandson, Jacob Ilarsen, to be the Executors and Truste of and under this my last will and testament. Catherine Harscn, the wife of the testator, died before hir on 8th May, 1835. Joanna Ritter I'rall, wife of Abraham A. Prall, died on 8 December, 1838, leaving her surviving the following children 1. Magdalen Ritter Prall. 2. Hannah Maria Prall. 3. Catherine Ilarsen Prall. 4. Joanna Henrietta Harsen Prall. 5. Eliza Ann Prall, 6. Cornelia Augusta Prall and 7. Cornelius Harsen Prall. Cornelius Ilarsen Prall, above named, died in May, 184 under age, intestate, and without issue. WEST OF THE BLOOMINGDALE ROAD. 347 ^ohn Peter Ritter Harsen died June lo, 1842, intestate and :hout issue, never having married, leaving him surviving his fthers and sisters (children of testator's son Cornelius) nely : :. Jacob Harsen, M.D. !. Cornelia Rachel Harsen, who had married Lyman cades on 15th December, 1835. ;. Catharine Harsen, who had married Elijah Purdy on 24th 5tember, 1840. .. Magdalen Ritter Harsen, who had married William M. Isted, Junior, on 21st April, 1841. ;. Maria Elizabeth Harsen, who married Jacob Halstead, on t March, 1848. I. Children of his deceased sister Joanna Ritter, wife of raham A. Prall. He died in September, 1857. DEED. Dated 20th May, 1846. Abraham A. Prall /Ack. 20th May, 1846. ^o VRec. 5th Oct., 1849. Jacob Harsen, M.D. \527 Conveyances, 321. Consideration, $1. Conveys all the right, title and interest of the said party of first part in the estates real or personal of Jacob Harsen, ! of the City of New York, deceased, and all things apper- ling thereto. " In trust, however, to receive and collect the le, and apply the income thereof to the use and benefit of children by my late wife Joanna R., formerly Joanna R. rsen, in manner following, that is to say : to apply the ome thereof to the use ^nd benefit of my said children ec^nally ring their minority." 348 THE COSINE FARM. Lyman Rhoades to Joseph Rhoades. DEED. Dated loth July, 1837. Ack. loth July, 1837. Rec. I2th July, 1837. 377 Conveyances, 262. Consideration, $500. Conveys all liis right, title and interest to all lands or re estate lying in the City of New York, which was given to n wife, Cornelia Rachel, by her grandfather Jacob Harsen, by h will, dated March twenty-sixth, in the year of our Lord, 01 thousand, eight hundred and thirty-five. DEED. Joseph Rhoades «;/^ Rebecca, /Dated 5th Oct., 1865. his wife, (Not recorded, but s to / forth in Report ( Elijah Rhoades. \ title in followingf sui Conveys all interest conveyed to Joseph by the previoi deed. In trust to receive the rents and profits, and apply tl same to the use of the children of Lyman Rhoades by his pre ent wife Cornelia R., during his life, and on his death to co vey to them. By order of the Supreme Court, entered at a Special Ter thereof on 30th June, 1849, Jacob Harsen was appointed trust< in place of Elijah Rhoades, resigned. Lyman Rhoades, the husband of Cornelia R. Rhoades, dit on 27th November, 1849, in the lifetime of his wife. WEST OF THE BLOOMINGDALE ROAD. 349 N. Y. COMMON PLEAS. COB IlIkk'S^^, individually and as Trustee, vs. ^MAN RHOADES and COR- STELiA Rachel, his xvife; Elijah Purdy and Cath- erine, his wife ; WILLIAM M. Halsted, Junior, and Mag- dalen Ritter, his wife ; Ja- :0B Halsted and Maria j^ ELIZABETH, his wife ; MAG- DALEN Ritter Prall, Han- nah Maria Prall, Cath- u Ack. 22d Feb., 1S37. Robert Bayard, Truster of t/u\Rec. ist March, 1837. Estate of James McEvers. )366 Conveyances, 531. /Consider'n, $13,081.79. Conveys all the equal undivided one sixth part of the same premises. Subject to the above mortgage. DEED. James Langdon Curtis and I Dated 6th June, 1835. Clarissa E., /its wife, f Ack. 30th Dec, 1836. to' f Rec. 4th Jan., 1837. Peter R. Wvckoff, \ 371 Conveyances, 15. J Consider'n, $36,666.65. Conveys all the equal undivided one third part of the same premises, subject to above mortgage. MORTGAGE. Peter R. Wyckoff and Mary, j To secure $10,641.66. /lis zi'ife, f Dated 31st Dec, 1836. to /'Ack. 3d Jan., 1837. Isaac Packard. \ Rec 4th Jan., 1837. /210 Mortgages, 247. Covers all the equal undivided one third part of sami premises. WEST OF THE BLOOMINGDALE ROAD. DEED. 363 Peter R. Wyckoff to Daniel W. Gantley and Rob- ert C. Wetmore. Dated 8th June, 1837. Proved 8th June, 1837. Rec. 8th June, 1837. 378 Conveyances, 347. Consideration, $1. Conveys all and every his real and personal estate, chattels, •eal and leasehold property, etc. In trust to sell and pay ;reditors, with certain preferences therein mentioned. DEED. fAMES L. Curtis and Clarissa i Dated 6th Feb., 1837. E., Jiis wife, f Ack. loth Feb., 1837. to ^ Rec. 2d March, 1837. William H. LeROY. 1370 Conveyances, 513. : / Consider'n, $13,081.79. Conveys all the equal undivided sixth part of the same jremises, subject to above mortgage to Astor. MORTGAGE. AMES L. Curtis and Clarissa J To secure $19,929.96. E., his wife, (Dated 1st April, 1837. to /Ack. 3d April, 1837. David Kimberly. XRec. 5th April, 1837. 7213 Mortgages, 133. Covers all the undivided two sixth parts. DEED. AMES L. Curtis and Clarissa y Dated 15th May, 1837. E., Ids wife, f Ack. 15th May, 1837. to [ Rec. i6th May, 1837. William L. D. Erving. \ 378 Conveyances, 155. / Consideration, $400. Conveys all the one equal undivided third part of a small )ortion of said premises. 364 THE COSINE FARM. IN CHANCERY, Before Vice-Chancellor. John Jacob Astor vs. James Langdon Curtis and Clarissa E., his wife ; Peter R. Wyckoff and Mary his wife ; Robert Bayard and Elizabeth, his wife; Wil- liam H. LeROY and ELIZA- BETH, his wife ; WiLLlAM L. D. Erving, David Kimber- LEY, Isaac Packard, Daniel W. Gantley, Robert C. Wetmore, Obed Gridley John B. Carroll, Joseph S. Hawkins, David Logan, Jean Pierre Mannier, Her- man Le Roy {in his own right, and as survivor of Herman Le Roy «^w^ Catharine New- bold) ; Henry Le Roy, Ju- nior; Charles Maurice De- Talleyrand, P e R I G o R D , Prince De Talleyrand ; Theron Skeel, Stephen Potter and Lorenso Pow- ers. 1837 — J"^y ^2. Bill filed to foreclose, 184 Mortgages, 330. Order of reference to Master to compute. 1838 — April 4. Master reports $57,244.84 due. April 4. Decree of foreclosure and sale entered. May 10. Decree enrolled. 1839 — April 13. Master reports sale of premises to John Jac( Astor. WEST OF THE BLOOMINGDALE ROAD. DEED. 365 David Codwise, Master-in- Chancery, to John Jacob Astor. Dated 1 8th May, 1838. Ack. 1 8th May, 1838. Rec. 24th May, 1838. 388 Conveyances, 266 Consideration, $59,740. Conveys all said mortgaged premises. DEED. John Jacob Astor to iLLiAM Backhouse Astor. Dated 22d Feby., 1842. Proved 24th Feb., 1842. Rec. 24th Feb., 1842. 423 Conveyances, 344. Consideration, $1. Conveys all and singular the lands belonging to the said rty of the first part contained within the following described undaries, viz : Easterly by the Eighth Avenue, Westerly by s Hudson River, Southerly by Fifty-fourth Street and North- ly by Fifty-seventh Street. 'iLLiAM Backhouse Astor and Margaret, his wife, to \URA Astor, James Galla- tin and John Jacob Astor,/ Junior, her Trustees^ and the\ Issue and Heirs-at-law of said^ Laura Astor. DEED. Dated loth Sept., 1844. Proved 8th Nov., i860. Ack. 1 2th Nov., i860. Rec. I2th Nov., 1850. 818 Conveyances, 673. Consideration, $1. Conveys same premises to Laura Astor for life, or until she her husband shall, by deed, contract, judgment, execution, 366 THE COSINE FARM. j attachment or other act, sell or encumber the same, except as thereinafter authorized. Conveys said premises on determina | tion of such estate to James Gallatin and John Jacob Astor, thei younger, as joint tenants in trust to receive rents and profits 1 and apply the same to the use of said Laura Astor during heil natural life. Conveys said premises, from the death of the said Laura Astor 1 to her surviving issue and their heirs and assigns taking, pei j stirpes, and in default of such issue, and in case of any such issuf I not living to attain the age of twenty-one years, then the saidlandij or the share of such issue therein, or which such issue wouk I have taken, are hereby granted unto the persons who would be the'j heirs-at-Iaw of the said Laura by consanguinity, to be had am holden by them and their heirs forever. With power to her td give the said lands to and amongst her issue or heirs in sucl 1 manner and proportions as she may appoint. Provided, also'] that it shall be lawful for the said Laura, with the concurrencn of her husband and the said James Gallatin or John Tacol Astor, the younger, or of the two latter, to lease said premise 1 for a term not exceeding twenty-one years, and to sell or morn gage not more than one-third in value of the lands, on conditioij that the money thus derived shall be paid to the said Jame j Gallatin and John Jacob Astor, Junior, to be applied to the imi provement of the residue of said lands, and that the acquit | tances of such persons shall discharge the grantees or mortga j gees from any responsibility as to the application of the money The said Laura Astor is authorized to appoint any other persoii or persons as substitutes for the said James Gallatin or John Jacob Astor, Junior, and such substitute shall have the estate* interest, authority and office of him in whose place he ma;^ be appointed. By instrument dated 9th December, 1870, and recorded! 1 161 Conveyances, page 3S9, Daniel D. Lord was appointee trustee in place of James Gallatin, resigned ; and by instrumerl II WEST OF THE BLOOMINGDALE ROAD. 367 ;ed 3d May, 1S76, and recorded in 1367 Conveyances, page J, Franklin H. Delano was appointed trustee irr place of John ;ob Astor, resigned. TLE OF Portion between Eighth Avenue and Broadway. This, as shown ante page 356, was vested in John Cosine. Last Will and Testament /Dated 1 6th Feb., 1830. of \ Proved 20th Jan., 1832. John Cosine. \68 Wills, 237. " I give, devise and bequeath all the rest, residue and remain- r of my estate, both real and personal, unto my wife Sarah, e real estate to her, her heirs and assigns forever." jBy codicil dated i January, 183 1, testator provides as follows : i\nd I do hereby revoke that part of my said will which de- Bes the fee of my real estate unto my wife Sarah, and hereby «re to her the life estate thereof only, which is the only estate (ntend she shall have therein, which said real estate, during It lifetime, I intend shall be subject to the charge of the main- inance of my children and the payment of the legacies m the 3 said will mentioned. And I do hereby ratify, republish and nfirm my said will in everything except where the same is ireby revoked and altered." I I jJohH Cozine left him surviving Sarah Cozine, his widow, ild- 368 THE COSINE FARM. 1. Jane A., who married James H. Borland in April, 1845, 2. Catharine, who married Samuel Fleet, on 6 Decembe 1833. 3. Sarah, who married Peter A. Horn, in December, 1835. Sarah Horn died intestate on 16 December, 1836, leavir her surviving her husband (who died on 4 December, 1849 and one child, Sarah Jane Horn. Jane A. Dorland was divorced from her husband James I Dorland, by judgment of Supreme Court, entered in New Yo County, on 29 November, 1852, in which it was provided th she should hold the real estate under her father's will, free fro; all claim from her husband. Samuel Fleet, j AGREEMENT. of I part, I Catharine Cosine, ( Dated 27th Nov., 1832" of 2 /«r/. [ Proved 3d Dec, 1832. Sarah Cosine, VRec. 3d Dec, 1832. of 3 part. ]290 Conveyances, 178. Recites an intended marriage between parties of first ai second parts, and agrees that the said Catharine Cosine may 1 ceive rents and profits of, and hold the real estate inherited fro her father, as her sole and separate property, with free pow of disposal, free from claims by him. The said Sarah CoziJ appointed trustee to protect the Estate, by the agreement. ' By instrument dated 27 March, 1847, and recorded in Lib 652 Conveyances, 68, William H. Saunders was appoint Trustee in place of Sarah Cozine. WEST OF THE BLOOMlNGDALE kOAD. 369 DEED. Dated 28th Jan., 1853. Sarah Cozine /Ack. 15th Dec, 1854. to \ Rec. 30th May, 1855. Catharine Fleet. \ 686 Conveyances, 343. Consideration, $i. Recites that Catharine Fleet is seized, as heiress of John Cozine, of an undivided third of his real estate, subject to the life estate of Sarah Cozine. Releases all the undivided tenth part of the above-men- tioned undivided third part of all the real estate of which the said John Cozine died seised. By instrument recorded in 686 Conveyances, 333, it is agreed that said premises shall be held subject to the payment of $15 per annum to said Sarah Cozine. By agreement recorded in 588 Conveyances 14, the devisees of John Cozine agree to sell to Theodore Hyatt, a small gore on South side of Fifty-fourth Street, and by deed recorded in 584 Conveyances, 527, Sarah Cozine released to him all her in- terest therein. The interest of Sarah Cozine in premises in question had been sold to Thomas Hyslop, under execution. See certificate of Sheriff's sale filed in County Clerk's Office on i8 August 1851. He released to her during the pendency of the following suit. Sarah Cozine stipulated before the referee in said suit to release her interest to each of her children on receiving satisfac- tory security for payment of an annuity of $150 by each ot them. 37^ THE COSINE FARM. N. Y. SUPREME COURT. Catharine Fleet and Wil- liam H. Saunders, her Trus- tee, vs. Jane A. Borland, Sarah Co- ziNE, Sarah Jane Horne,| Thomas Hyslop, George' W. Platt, Samuel Fleet, ««^ Theodore Hyatt. 1S53 — April 21. Complaint for partition verified. May 13. James F. Chamberlain appointed guardi ad litem ^ of Sarah Jane Home, an inl over 14, on her petition. May 30. Said infant answers. June 20. Jane A. Borland and Sarah Cosine answei June 21. Thomas Hyslop and Theodore Hyatt answ'- July 14. George W. Platt answ^ers. July 1 8. Affidavit of service and default of Sanr Fleet. July 30. Order of reference to Stephen Cambreling' title, expediency of sale, &c. 1855 — April 25. Referee's report on title, &c., dated. April 21. Judgment of partition entered. May 25. Report of Commissioners of Partition filed'' Final decree entered. The Commissioners set apart to Catharine Fleet lots 4 t; 13 to 16, 32 to 34, 25, 26, 39, on map annexed to report. ; Jane A. Borland lots 7 to 9, 17 to 19, 27 to 31, 20 to 22, 38 on said map. To Sarah Jane Horn, lots i to 3, ro to 12, to 37, 23 and 24 on said map. WEST OF THE BLOOMINGDALE ROAD. 377 Lot Number Three on West Side of Blooming- dale Road. This, as shown ante page 338, was set apart to Lattice Heg- eman. Jacob Harsen^;?*/ Catharine, his wife; Sarah Stake Catharine Cozine, luidow of Balm John s o n Cozine John Hopper and Sarah,! his wife ; John Cozine,' James' Bertine and Deb- orah, his zvife; CATHARINE] Cozine, the younger ; Rachel Cozine and Jane Acker-' man. to Lettice Hageman. DEED. Dated 9th Feb. 1809. Ack. 9th Feb., 1809. Rec. 24th March, 18 10. 86 Conveyances, 321. Consideration, $1. Conveys all the right, title and interest of the parties of the first part of, in and to, all and singular that certain lot, piece Dt parcel of land, situate, lying and being in the Ninth Ward of the City of New York aforesaid, being parcel of the farm formerly the property of Cornelius Cozine, the elder, late of the said city, deceased, and being bounded as follows, that is to say : Beginning on the West side of the Bloomingdale road, at the distance of two hundred and eighty five feet Southerly from the point at which the West side of the said road is inter- sected by the line running along the South side of the farm or land belonging to the heirs or devisees of John Somerendyke, deceased, and which station here designated as the place of be- ginning is also the Southernmost corner of a lot of land this day released by the above-named Jacob Harsen and Catharine, his 378 THE COSINE FARM. W wife, and others, to the above-named Sarah Stake, and runnin from thence South eleven degrees West along the West side ( the said road one hundred and ninety-six feet ; from them, South twenty-four degrees and five minutes West still along tl West side of said road eighty-five feet six inches to the Nort^ easterly corner of a lot of land this day released by the saij Jacob Harsen and Catharine, his wife, and others, to the abov! named John Cozine ; from thence North forty-eight degree and forty minutes West along the said lot of the said Joli Cozine three thousand four hundred feet (be the same more •* less) to the North or Hudsons River ; from thence up at' along the said river (be the distance more or less) to the said 1] of land released as aforesaid to the said Sarah StakeJ and fro thence South forty-eight degrees and twenty-minutes East alot the said lot of the said Sarah Stake three thousand five hu' dred and thirty feet (be the same more or less) to the Bloomin dale Road aforesaid at the place of beginning. Containii twenty acres, one rood and nineteen perches, be the same mo or less, which said lot, piece or parcel of land is particular' laid down and designated on a map of the said farm former of the said Cornelius Cozine, the elder, deceased, made 1 (;:harles Loss, City Surveyor, and bearing date the i2th day January, 1809. Lettice Hegeman, died on 26th August, 1851, having Si vived her husband, Peter A. Hegeman, many years. Last Will and Testament /Dated 2d July, 1849. of \ Proved 1 5th Sept., 185J Lettice Hecjemax. 1 102 Wills, 260. " I, Letetia Hegeman, of the City of New York, widow, < make this my last will and testament as follows : I hereby r WEST OF THE BLOOMINGDALE ROAD. 379 oke all former wills and codicils by me at any time made, eing desirous that my property should descend and be dis- ributed among my descendants in the proportions prescribed y law in case of intestacy, and I further direct that all my law- il debts be paid equally." She left her surviving the following children and grand- hildren : Peter A. Hegeman, married to Laura N., his wife. Cynthia Jackson, wife of Aaron B. Jackson. Margaret Horn, wife of Matthew Horn. Francis B. Hegeman, a bachelor. Letitia H. Palmer, wife of John W. Palmer, Letitia Jane, wife of William H. Moore (married 1S30). ^ohn E. Ross, Junior, married to Sarah, his wife. William S. Ross, a bachelor. 'Sarah, wife of Frederick A. Ridabock (married 1S42). Peter A. H. Ross,* a bachelor. Children of her deceased daughter Jane Frances, died in 1840, wife of John E. Ross (married iSio). mes Hegeman, bachelor. Cynthia Jane Hegeman, spinster. Margaret Ann, wife of John D. Kimmel (married 1852). Gilbert Hegeman. Children of her deceased daughter Martha, wife of John Hegeman. Letitia H. Palmer died intestate on 14th August, 1852, since le commencement of the following suit, leaving her surviving, 1. Nicholas F. Palmer, married to Sarah H., his wife. 2. John W. Palmer, married to Elizabeth, his wife. 3. William H. Palmer, bachelor. 4. Maria Louisa, wife of Miles S. Charlock (married 1846). 58o THE COSINE FARM. Gilbert Hegeman also died since the commencement of saii action, intestate and unmarried, leaving him surviving Join Hegeman, his father, and his brother James and his sister Cynthia Jane and Margaret Ann, before mentioned. Aaron B. Jackson died after commencement of followin suit. N. Y. SUPREME COURT. Peter A. Hegeman ami Laura N., his tvife, vs. Cynthia Jackson, Margaret Horn, William H. Moore and Letitia J., his zvife; JOHN E. Ross, Junior, and Sarah, his wife ; William S. Ross, Frederick A. Ridabock and Sarah, his tvife ; Peter A. H. Ross, James Hegeman, Cynthia Jane Hegeman, j> John D. Kimmel and Mar- garet Ann, /^w wife; John Hegeman, Francis B. Heg- eman, Nicholas F. Palmer and Sarah H., his wife; John W. Palmer and Eliza- beth, /^w wz/> ; William H. Palmer, Miles S. Char- lock and Maria Louisa, his wife. 1852 — Feb. 7. Complaint filed. Feb. 12. Letitia H. Palmer and Margaret Horn serve with summons. WEST OF THE BLOOMINGDALE ROAD. 38 1 81^3 — Feb. 14. Frances B. Hegeman, William H.Moore and wife, Frederick A. Ridabock, John E. Ross, Jr., and wife, William S. Ross and ♦ Peter A. H. Ross served with summons. Feb. 13. Aaron B. Jackson and wife, John Hegeman and James Hegeman served with summons. Feb. 16. Cynthia Jane Hegeman and Margaret Ann Hegeman served with summons. Feb. 17. James P. Hyatt appears for Margaret Horn and Letitia H. Palmer. Feb. 24. E. Person appears for John Hegeman. Mar. 4. S. W. & R. A. Gaines appear for Frederick A. Ridabock and wife. Mar. II. West & Glover appear for John E. Ross, Jun., and wife, and Peter A. H. Ross. July 8. Amended complaint filed. Aug. 16. Answer of John Hegeman. Aug. 30. Order appointing Edward Person guardian ad litem of Margaret Ann Kimmel, an in- fant over 14, on her petition. Aug. 20. Order appointing Isaac O. Barker guardian ad litem of John D. Kimmel, an infant over 14, on his petition. Sept. 20. Supplemental complaint filed against heirs of Letitia H. Palmer. Sept. 22. James P. Hyatt appears for all said heirs and wives, except Elizabeth Palmer. Dec. 2. Affidavits filed of service of Elizabeth Palmer, by advertisement. Dec. 3. Answers of infants John D. Kimmel and Mar- garet Ann Kimmel filed. Dec. 4. R. H. Bowne substituted as attorney for Mar- garet Horn. Dec. 4. Order of reference to Thomas Addis Emmet, on title, &c. 382 THE COSINE FARM. 1853 — March 10. Referee's Report filed. March 16. Judgment of sale entered. 1854 — March i. Report of sale filed and confirmed. March 24. Order striking out name oF Elizabeth Palm< wife of John W. Palmer, from decree ( pi'oof of her death on 14 March, 1S51. June 23. Further report of sale filed. 1859 — March 26. Further report of sale filed. At the time of the first sale the portion of the premises I tween Eiglith and Ninth Avenues, being at that time part Bloomingdale Square, was not sold. By act of 6 March, iSf the square was closed. The title to the square had never be acquired by the city by purchase, and the land was sold und the above suit at the last sale. Lot Number Four on West Side of Blooming- dale Road. This, as shown ante page 338, was set apart to Sarah Stal Jacob Harsen and Catharine, his wife; Peter HE(;eman «;z Ack. 29th June, 1S60. to i Rec. 1 6th July, i860. GUSTAVUS A. Sacchi. ^822 Conveyances, 240. / Consider'n, $ioo,0(?0. Conveys all those certain lots, pieces or parcels of land tuate, lying and being in the Twenty-second Ward of the City ■ New York, bounded and containing together as follows : eginning at a point where the Easterly line of the Eighth venue intersects the Southerly line of Fifty-seventh Street ; icnce Eastwardly along Fifty-seventh Street fifty-nine (59) feet ; lence again Eastwardly in a diagonal line along the land now : late of the heirs of John Morss thirty-seven (37) feet; thence jain Eastwardly, in a diagonal line along the land now or late fthe heirs of John Morss ninety-three (93) feet; thence again iastwardly, in a diagonal line along the land now or late of the eirs of John Morss, ninety (90) feet six (6) inches, to a point a the Westerly line of Broadway distant thirty-one (31) feet X (6) inches. Southwardly from the Southwest corner of Iroadway and Fifty-seventh Street ; thence Southwardly along le Westerly side of Broadway one hundred and eighty-four 184) feet eight (8) inches to the Northwest corner of Broadway nd Fifty-sixth street ; thence Westwardly along the Northerly ide of Fifty-sixth Street three hundred and forty-seven (347) Jet ten (10) inches to the Northeast corner of Eighth Avenue nd Fifty-sixth Street ; thence Northwardly along the Easterly ne of Eighth Avenue two hundred (200) feet ten (10) inches to rje point or place of beginning. 386 THE COSINE FARM. Last Will and Testament / Dated 21st Nov., 1863. of \ Proved nth Dec, 1863 Peter A. Hegeman. \ 150 Wills, 145. " First, I do direct the payment of all my just debts and funera expenses, as soon as may be after my decease. Second, I d( give, devise and bequeath all the real residue and remainder my estate, real or personal, whereof I may die seised, or ii which I may have any interest, unto my beloved wife Laura N and to my children Georgiana, Letitia Fletcher, Frances Sophi; and Peter Augustus, to be divided among them, in the sam^ shares, interest and portions as they, my said wife and childrei would take under the laws of the State of New York, in cas of my dying intestate." Peter A. Hegeman died in November, 1863, leaving him sui viving, his widow, Laura N. Hegeman and — 1. Georgiana Hegeman, who married Thomas W. Shannon on 21 Dec. 1864. 2. Letitia F. Hegeman. 3. Frances S. Hegeman. 4. Peter A. Hegeman. N. Y. SUPREME COURT. Georgiana Shannon and Thomas W. Shannon vs. Frances B. Hegeman, Letitia' F. Hegeman, Frances S. Hegeman, Peter A. Hege- man and Laura N. Hege- man. WEST OF THE BLOOMINGDALE ROAD. 38/ J63 — Dec. 12. Complaint for partition filed. Plaintiff is here named Georgiana Hegeman, she not yet having married Thomas W. Shannon. 564— Jan. 8. Order appointing Edward J. Wilson guardian ad litem of Letitia F. Hegeman, Frances S. Hegeman and Peter A. Hegeman, in- fants over 14, on their petition. Jan. 9. Said infants answer by their guardian. Jan. Frances B. Hegeman and Laura N. Hege- man answer. March 1 1 . Order of reference to Beverly Robinson. S65 — Jan. 2. Order to continue action in names of Georgi- anna W. Shannon and Thomas W. Shan- non as plaintiffs. April 8. Referee's report filed. April 8. Judgment of sale entered. 866 — March 15. Report of sale filed and confirmed. 872 — March 11. Referee's final report filed. i \ 4 4 THE COSINE FARM, AST OF THE BLOOMINGDALE ROAD. This, as shown on map, ante page 327, was divided into 'o parts. The southerly portion was set apart to Jacob Harsen, d the northerly portion to the children of Balm Johnson )sine. As shown ante page 330, the whole of the Cosine irm east of the Bloomingdale road was devised by Cornelius )sine, the elder, to his three sons. Garret, Cornelius and Balm hnson Cosine. The share of Garret Cosine became vested in cob Harsen by the conveyances, &c., given in the early title this farm. Cornelius Cosine, the second, died without issue tiereby, according to the decision of Harsen vs. Cosine Jt forth ante page 337)? his interest became vested in his rviving brothers and sisters. The title to each of the two Ttions into which this part of the farm was divided will be ken up separately. The Jacob Harsen Price. As stated ante page 338, in giving the early title of the whole rm, the suit of Harsen vs. Cosine was compromised by an [reement dividing the farm in question among the various aimants. On this division, the piece now under consideration 390 THE COSINE FARM. was set apart to Jacob Harsen, and the following release \ given to him, being executed by all who could by any possibil have any interest in the premises released : John Cosine, Peter Hageman and Lettice, his wife; Sarah Stake, Catharine Cosine,/ dffd zvidotv of Balm Johnson i Cosine; John Hopper and\ t^ ^ j ^i tt i o ,. .^ ^ ^ Dated oth Feb., i8o( Sarah, hts zvife: James Ber-V a i .. u -c- u o ' ^ -/ ' J >Ack. oth Feb., 1809. TINE rt«^ Deborah, //zj- wz/ONVEYS the premises set apart to him in preceding deed by following description : " All that certain piece or parcel of d situate at Bloomingdale, in the Ninth Ward of the City of w York, and known and distinguished on a certain map or ft made by Charles Loss, City Surveyor, dated the 12th day [anuary, 1809, of land belonging to Jacob Harsen, John sine and others, as being the part allotted to Jacob Harsen, the Easterly side of the Bloomingdale Road, bounded West- r, in front, by the said Bloomingdale road, two hundred and enty-six feel. Southerly by ground belonging to Hopper, jterly by the corporation land four hundred and sixty-one feet, I northerly by the part allotted to the said John Cosine, being one-fourth part of the said land on the Easterly side of the 1 road, and containing ten acres and thirty-six perches of d. DEED. RNELius Harsen atid Jo- anna Henrietta, his ivife, to :nry Fitz and Jacob Peter- son. Dated 28th May, 1825. Ack. 28th May, 1825. Rec. nth June, 1825. 193 Conveyances, 166. Consideration, $3,000. loNVEYS all that certain piece or parcel of land situate, lying being at Bloomingdale, in the Ninth Ward of the Ci ty of 392 THE COSINE FARM. New York aforesaid, on the Easterly side of and adjoining t Bloomingdale Road, and bounded Westerly in front by the s: Bloomingdale Road, Southerly by ground formerly belonging John Hopper, now to Ann Striker ; Easterly by the middle of t Sixth avenue, and Northerly by ground formerly owned by Jo Cosine, now by James Bertine, and which said piece or par of land hereby intended to be granted, and conveyed on a m thereof, made by Edward Doughty, City Surveyor, beari date the twenty-seventh day of January, now last past, is 1; down as being in breadth, on the Westerly side along Si Bloomingdale Road, two hundred and seventy-four feet se\ inches, and on the Easterly side, along the middle of the Si) avenue aforesaid, four hundred and twenty-nine feet eij inches, and as containing nine acres and sixty-hundredth pa of an acre of land, be the same, however, more or less. HE BALM JOHNSOiN COSINE PIECE. Cornelius Cosine, the elder, by his will, set forth, ante page I, devised all of his farm lying East of the Bloomingdale id to his three sons Garret, Cornelius and Balm Johnson >sine. It would appear from the following deeds that Balm bnson Cosine, at time of his death, owned in sevei-alty the rtherly thirty acres of the portion of the farm lying East of ; said road, which thirty acres constituted three-fourths of such rtion of said farm. He musr have derived his title from in- uments not on record. By his will, set forth ante page 335, giving the early title of the whole farm, he devised said thirty res to his son Cornelius, who died shortly after his father, in- itate, unmarried, and without issue. The lands thus devised him thereupon passed to his surviving brothers and sisters, le question as to how Balm Johnson Cosine became seised in ^eralty of the said thirty acres is now of no moment, as all 10 could by any possibility claim any interest therein as visees or descendants of devisees, under the will of Cornelius >sine, the elder, united in the following release to the children 394 THE COSINE FARM. of Balm Johnson Cosine. This release was given pursuant the agreement, by which the suit of Harsen vs. Cosine (an page 33S), was compromised. Jacob Harsen and Catharine, his zvife; Peter Hegeman andXJKlTKZY.Jiiswife; Sarah, Stake, zvidow zine thereof. The title to the part of Lot One sold to Deborah Bertine will considered under that of Lot Two, 398 THE COSINE FARM. MORTGAGE. John Cozine and Sarah, Jus ^ wife, to James Bertine. To secure $500. Dated 6th Nov., 18 Ack. 24th Dec, 181 Reg. 9th Jan., 18 18 39 Mortgages, 571. Covers all that certain lot of ground lying and being ir Ninth Ward of the City of New York, and is bounded in West by Bloomingdale Road one hundred and sixteen feet, > by the lands of James Bertine one thousand three hundred twelve feet, in the rear East by the lands of Thomas A. En one hundred and fifty-two feet, and in the south by lands the property of Jacob Harsen. Containing, in the whole, acres, be the same more or less. DEED. John Cozine and Sarah, his wife, to James Bertine. Dated 5th Dec, 181 Ack. 6th Dec, i8ig Rec i6th Dec, i8i< 140 Conveyances, 4 Consideration, $1,2; Conveys same premises, by the same description asprece mortgage. James Bertine and Deborah, Jiis wife, to Jacob Peterson and Henry FiTZ. DEED. Dated 28th May, 1! Ack. 28th M^ay, 182 Rec. nth June, 182 193 Conveyances, i< Consideration, %q\2 Conveys all that certain lot of ground lying and being in Ninth Ward of the City of New York. Bounded in THE BALM JOHNSON COSINE PIECE. 399 westerly by the Bloomingdale Road, North to the middle of V3HtoYTI3 LJ Z^ andchildren, Gershom B. Smith, Julia Ann Smith, Eliza with, William Henry Smith and Phoebe A. Smith, and then •ovides as follows : " And also all the rest, residue and re- lainder of my estate, both real and personal, of every kind and 39S THE COSINE FARM. l_i FiTZ. I y 1 93 Conveyances, 169^ / Consideration, $912.5 Conveys all that certain lot of ground lying and being in 1 Ninth Ward of the City of New York. Bounded in hi THE BALM JOHNSON COSINE PIECE. 399 isterly by the Bloomingdale Road, North to the middle of fty-fourth street, East to the land of Thomas Addis Emmett, utherly by land now or late of Jacob Harson, supposed to con- n about one-quarter acres, be the same more or less. As just shown, ante page 391, the Jacob Harsen Piece was ,0 vested in said Fitz and Petersen, which, with the premises Qveyed by the previous deed, comprise the land shown on ! annexed map. fames Bertine died on 28th December, 1842, seized of the rtion of lot number one, which lay North of Fifty-fourth street, :epting the part sold by John Cosine to Deborah Bertine. ; left him surviving a widow, Lillis Bertine, one son, James Bertine, and three daughters, Sarah, widow of Henry Rem- 1 ; Eliza, wife of Gilbert Hatfield ; and Hannah, wife of illiam H. Pinckney ; and four grandchildren, Gershom B. lith, Julia S. Smith, Eliza B. Smith, and Phoebe A. Smith. Last Will and Testament / Dated 27th Sept., 1836. of \ Proved 5th Jan., 1843. James Bertine. I 86 Wills, 541. After giving various legacies and making sundry specific vises of certain real estate therein described (not including the emises) to his wife and to his son, James T. Bertine ; to his ■ee granddaughters, children of his deceased daughter,Julia Ann (lith; to his daughter Hannah, wife of William H. Pinckney ; his daughter Sarah Remsen, wife of Henry Remsen ; to his ughter Eliza Hatfield, wife of Gilbert Hatfield ; to his five indchildren, Gershom B. Smith, Julia Ann Smith, Eliza lith, William Henry Smith and Phoebe A. Smith, and then ovides as follows : " And also all the rest, residue and re- ainder of my estate, both real and personal, of every kind and MAP or PROPERTY .NTH. NINTH WARD or THtCITYorNEWYORK BELONCINC TO HENRY riTZ ANo JACOB PETERSCN 54iK ST. ^ ^ fOt^Utcf /-wn^t. ^.ci/,, .^T. /^.Je. //m.»iAck. 26th Sept., 1814. 'OZINE. [ Rec. 28th Feb., '1834. ^0 I 308 Conveyances, 575. WES Bertine and Deborah, 1 Consideration, $1. his wife. Iecites that parties hereto are the children of Balm Johnson sine, and that John Cozine, by deed, dated 9th March, 1809, I conveyed to Deborah Bertine an undivided one-fifth of his livided sixth interest in the thirty acres on the east side of Bloomingdale Road, comprising the farm of Balm Johnson sine, and that parties have agreed to partition said farm. i^ONVEYS to Deborah Bertine all the right, title and interest of parties of the first part of, in and to all that certain part of above described piece or parcel of land distinguished on a p made thereof by Uzall W. Freeman, from a survey made 18th August, 1814, as lot No. 2 (number two), bounded and taining as follows, that is to say : Beginning on the Easterly ! of the Bloomingdale Road, at the Southwesterly corner of ther part of the above described piece or parcel of land dis- [uished on the said map thereof as lot No. 3 (number three), running thence along the said last mentioned lot South '-eight degrees and thirty minutes, east one thousand three idred and thirty-seven feet to lands now or late belonging to Mayor, Aldermen and Commonalty of the City of New rk, called the Commons ; thence in a Southwesterly direction ag the last mentioned land one hundred and eighty-five feet 402 THE COSINE FARM. to another part of the above described piece or parcel of 1 distinguished on the said map thereof as lot No. i (nun one) ; thence north fifty-seven degrees, west one thousand tl hundred and twelve feet to the Bloomingdale Road afores; and thence along the said road one hundred and forty-five to the place of beginning. Containing five acres of land, be same more or less. And also all that certain other piece or parcel of land adji ing the said piece or parcel of land last above described, being part of lot No. i (number one) aforesaid, bounded containing as follows, that is to say : Beginning at the soi westerly corner of lot No. 2 (number two), above descril and running thence along the said lot South fifty-seven degr East one thousand three hundred and twelve feet to the 1 aforesaid, now or late of the Mayor, Aldermen and Common of the City of New York; thence in a Southwesterly direct along the said land thirty-three feet three inches ; thence Nc about fifty-seven degrees West to the Bloomingdale R aforesaid ; thence along the said road thirty-three feet six inc to the place of beginning, containing one acre of land, be same more or less ; the said last mentioned piece or parcel land being the one-fifth part of the share of the said John Cosi so sold and conveyed to the said Deborah Bertine as hei aforesaid, with the appurtenances, subject, however, to dower of the said Catharine Gozine thereof. Deborah Bertine died in March, 1835, seised of the premi described in preceding deed, intestate, leaving her surviv James Bertine, her husband, and the following children : 1. Eliza Hatfield, wife of Gilbert Hatfield. 2. Sarah Remsen, widow of Henry Remsen. 3. Hannah Pinckney, wife of William H. Pinckney. 4. James T. Bertine. • 5. Ann Smith, wife of Gershom Smith. THE BALM JOHNSON COSINE PIECE. 403 The said Ann Smith died on 31 October, 1835, intestate, aving her surviving Gershom Smith, her husband, who died [1 18 November, 1840, and the following children: I. Gershom B. Smith. ^AM un- mg the The following suit was thereupon commenced for a partition of lid Lot Two and of so much of Lot One as lay North of Fifty- iurth Street. As shown, ante pages 398 to 401, a portion of ot One, North of said street, was vested in James Bertine, the usband of the said Deborah Bertine, and by his will he devised le same to his children and grandchildren above mentioned. 402 THE COSINE FARM, to another part of the above described piece or parcel of distinguished on the said map thereof as lot No. i (nui one) ; thence north fifty-seven degrees, west one thousand t hundred and twelve feet to the Bloomingdale Road afores and thence alona the. said road one hundred and forty-five to sa be CO W' an E< af. of al( ab af( to sa lai so af< dc n l^eooran oeriuie uicu m iviaiun, io^jj, oci&cu ui iiic picn described in preceding deed, intestate, leaving her survii James Bertine, her husband, and the following children : 1. Eliza Hatfield, wife of Gilbert Hatfield. 2. Sarah Remsen, widow of Henry Remsen. 3. Hannah Pinckney, wife of William H. Pinckney. 4. James T. Bertine. * 5. Ann Smith, wife of Gershom Smith. THE BALM JOHNSON COSINE PIECE. 403 rhe said Ann Smith died on 31 October, 1835, intestate, ving her surviving Gershom Smith, her husband, who died iS November, 1840, and the follov^^ing children: 1. Gershom B. Smith. 2. Julia S. Smith. 3. Eliza B. Smith. 4. Phoebe A. Smith. 5. William Henry Smith. kVilliam Henry Smith died on 12 April, 1841, intestate, un- iried and without issue. lannah Pinckney died in January, 1844, intestate, leaving surviving her husband, William H. Pinckney, and the owing children : 1. James H. Pinckney. 2. George W. Pinckney. 3- William Pinckney. 4. Deborah Ann, wife of Charles Bailey. 5. Hester Ann, wife of Robert Glenn. 6. Bertine Pinckney. 7. Eliza Pinckney. 8. Julia M. Pinckney and 9. Charles Pinckney. rhe following suit was thereupon commenced for a partition of i Lot Two and of so much of Lot One as lay North of Fifty- rth Street. As shown, ante pages 398 to 401, a portion of t One, North of said street, was vested in James Bertine, the jband of the said Deborah Bertine, and by his will he devised same to his children and grandchildren above mentioned. ¥ n MAP or PROPERTY or JAMES BLRTINEdec'd 55-Lk 5T. o :; 24- 2S fk ■iS2 27 28 Jo 1 Ai t; \.5<: sy S>4 ^9 AJ JV 40 41 f-yle^s **t jfi. i,j 7' 72 7'» y<. X* 77 7^79. 54i\ ST. (hc^trf .j^tc->^i /}ta^ /'//■< «,/i>t..*'5'<3, y-lf..- *j'ry/>'. :^f^t^t^ ^'/A 404 THE COSINE FARM. IN CHANCERY, Before Vice- Chancellor. James T. Eertine, Sarah Remsen, Gilbert Hatfield aiid Eliza, his wife, vs. William H. Pinckney, James H. Pinckney and Rachel. Ann, his zvife; GEORGE W. Pinckney atid Mary, his zvife; William Pinckney,Charles Bailey and Deborah Ann, his wife; ROBERT Glenn ««^ , Esther Ann, his zvife; Eliza Pinckney, Julia M. Pinck- ney, Bertine Pinckney, Charles Pinckney, Ger- SHOM B. Smith, Julia S. Smith, Eliza B. Smith, Phcebe a. Smith, Resolvert Stephens, Executor 6?/ James Bertine, deceased; Alfred A. Anderson, Nathaniel Fern and William Ilsley. 1844 — May 24. Bill filed for partition of lot 2 and all lot • North of 54th Street. Oct. 31. Order appointing Charles Edwards guard!; ad litem of Eliza Pinckney, Julia M. Pine ney, Charles Pinckney, Gershom B. Smil Julia S. Smith, Eliza B. Smith, a Phcebe A. Smith, on petition of t complainants, after proof of service subpoena and notice of motion for appoi ment of such guardian. Dec. 23. Answer of infants filed. THE BALM JOHNSON COSINE PIECE. 405 I44 — Dec. 16. 45 — March 3. April 12. April 26. May 14. May 14. Oct. 14. Oct. 14. Oct. 14. 46 — May 27. June 16. Sept. 22. 47 — June 26. Order, pro confesso, against all the other defendants, on consent of John L. Riker, their solicitor. Order of reference to Philo T. Ruggles on title and expediency of partition, &c. Order amending bill. Answer of infants to amended bill. Order to take amended bill as confessed by all other the defendants on consent of John L. Riker, their solicitor. New Order of reference to Philo T. Ruggles, Master, &c. Consent of Gershom B. Smith, who had then arrived at full age, to abide by the answer of his guardian ad litem. Master's report on title filed. Decree of sale entered. Report of sale filed. Decree enrolled. Supplemental report of sale filed. Master's report of distribution filed. Lot Three set Apart to Sarah Hopper. .\ )HN CoziNE and Sarah, his luife; James Bertine aiid Deborah, his wife; Cath- arine COZINE, the younger; Jane Ackerman rt«^ Rachel COZINE, to )HN Hopper and Sarah, his wife. DEED. Dated 26th Sept., 1814. Ack. 26th Sept., 1 8 14. Rec. 20th June, 1835. 337 Conveyances, 214. Consideration, $i. Conveys to Sarah Hopper all right, title and interest etc., of 406 THE COSINE FARM. the parties of the first part, of, in and to all that certain part the above described premises distinguished on a map ma( thereof by Uzall W. Freeman, from a survey made August i8t 1814, as lot No. 3 (Number three), Bounded and containing follows, that is to say : beginning on the Easterly side of tl Bloomingdale Road, at the Southwestern corner of another pa of the above described piece or parcel of land distinguished < the said map thereof as lot No. 4 (Number four), and runnii thence along the said last mentioned lot South sixty-one degre and fifteen minutes East one thousand three hundred and nine feet to land now or late belonging to the Mayor, Aldermen ar Commonalty of the City of New York, commonly called tl Commons ; thence, in a Southwesterly direction along the sa last mentioned land, one hundred and eighty-two feet, to a other part of the above described piece or parcel of land disti guished on the said map thereof as lot No. 2 (Number two thence North fifty-eight degrees and thirty minutes West or thousand three hundred and thirty-seven feet to the Bloominj dale Road aforesaid, thence along the said road as it turns, ot hundred and forty-six feet to the place of beginning. Contaii ing five acres of land, be the same more or less, with the appu tenances, subject, however, to the dower of the said Catharir Cozine thereof. DEED. Sarah Hopper, widow, /Dated 2d July, 1823. to f Proved 22d Sept., 1823 Catharine Cozine and Ra-ZRcc. 23d Sept., 1823. CHEL Cozine. \ 169 Conveyances, 402. Consideration, $1. ^ Conveys all that certain five acre lot, piece or parcel of Ian now in the actual occupation of the said party of the secon part, situate, lying and being in the Ninth Ward of the Cit (^ T I: f I, 1 Ull ClXCtl, W^lLMXll \>LAi.V«X L^XWWW V/A L^iAX V-V-X V/i. X%*AA\Ay MAP LOTS three: rouR nvc k six or THt BALM JOHNSON COSINE PIE S-: n i ■i I: J THE BALM JOHNSON COSINE PIECE. 407 \){ New York, at Bloomingdale, and on the Easterly side of the iSlooniingdale Road, bounded Westerly in front by the Bloom- ngdale Road, Northerly by Catharine Cozine's five acre lot, ioiitherly by James Bertine's five acre lot, and running Easterly icross two avenues to the Easterly boundary line of the Cozine istate, containing five acres of land. Habendum, as joint tenants, and not as tenants in common. Catharine Cozine died on 4 April, 1835, whereby the title )ecame vested in Rachel Cozine as surviving joint tenant. Rachel Cozine conveyed the portion of lot three lying West if Seventh Avenue, in two different parcels, as shown on map if said lot, ante page 405. The residue of said lot she conveyed Cornelius Westerfield in trust, as follows : DEED. Rachel Cozine /Dated ist May, 1844. f Ack. 14th May, 1844. ^^ / Rec. 18th June, 1844. Cornelius Westerfield. \422 Conveyances, 116. / Consideration, $1,000. Conveys all that certain piece or parcel of land, situate on le Northeasterly side of Fifty-fifth street, between the Sixth nd Seventh Avenues, in the Twelfth Ward of the City of New ''ork. Beginning at the North corner of Fifty-fifth Street and le Sixth Avenue and running thence Northwesterly along ifty-fifth Street eight hundred feet to the Seventh Avenue, then fortheasterly along the Seventh Avenue one hundred and seven let three inches, then Southeasterly upon a line obliquing from le line of Fifty-fifth Street eight hundred and two feet six iches to the Sixth Avenue, and thence Southwesterly along le Sixth Avenue one hundred and seventy-one feet two inches • the place of beginning, be the said distances more or less. And also all that certain other piece or parcel of land, situate MAP LOTS IHRLL TOUR TIVC ^ SIX or THt ,CE1, BALM JOHNSON COSINE PIE, /& /J a ^ l5-^ ^''^^ L' 7''-'^9a|-^ .vrf M„ J-yy rV^.j JoJ^ ^7 6^ 5^ rTVTr-^feP^a^-^R 1 I u ^ ST. CO — '-_ 55t)i ST. C^"f ^ny^r^ .Mra/^ /3^ c^A. vj J^ r . S^c^ ^ 4>0^ «,^^ <^ ^Vf'^y^ . x,m-rf,rl i^ J£^ C^rtJ i^ 408 TH?: COSINE FARM. upon the Easterly corner of the Sixth Avenue and fifty-fil Street, in the Twelfth Ward of said city. Beginning at sa corner and running thence Southeasterly along Fifty-fifth Stn' twenty feet three inches, then Southeasterly upon a line slighi obliqueing from said street thirty-seven feet two inches, th Northeasterly and nearly parallel to the Sixth Avenue, o hundred and eighty-two feet two inches, then Northwestei upon an oblique line fifty-two feet two inches to the Six Avenue, and then Southwesterly along the Sixth Avenue o hundred and eighty feet one inch to the place of beginning, the said distances more or less, as the said parcels are laid dov upon a map of the same and other lands of said Rachel Cozir compiled by J. F. Bridges, City Surveyor, August 15, 1838. Declaration of Trust ) ^^^^^ ^^^^^ J^^^' ^^44 , f Ack. 1 2th July, 1844. Cornelius Westerfield. ( ^^^- ^^th Oct, 1845. 468 Conveyances, 104. Recites the previous deed and another, and certifies as ft lows : " Now I do hereby declare and make known that sa two several conveyances have been delivered and received 1 me, upon the special trust and confidence that I will manaj the said property therein described to the best advantage, an when necessary, will mortgage, lease or sell the same for tl purpose of aiding, if necessary, in the support and maintenam of the said Rachel Cozine during her natural life ; and also, necessary, to meet certain liabilities heretofore entered into 1 her if she shall be unable to meet them from other sources ; ar the surplus arising therefrom, and the residue of said propert after paying and discharging all expenses, costs and charge which I may incur, sustain or be put to oy leason thereof, I a to apply to the use and benefit of Catharine Jane Wait, Willia Edwin Westerfield, Rachel Westerfield and Emma Westerfiel THE BALM JOHNSON COSINE PIECE. 409 d the survivors and survivor of them, in such shares and pro- rtions as I may deem to be most advisable. Rachel Cozine to IE Purchasers from Corne- lius Westerfield. DEED. Dated 4th March, 1846. Ack. 19th March, 1846 Rec. 28th March, 1846. 478 Conveyances, 35. Recites the tv*ro conveyances by her to Cornelius Wester- Id, dated ist May, 1844, and recorded in Liber 452 Convey- ces, pages 116 and 117 respectively, and the declaration of ist made by the said Westerfield, dated 12th July, 1844, and ;orded in Liber 468 Conveyances, page 104, and that a sale of d premises had been made by him, and that he had executed iveyances to the purchasers, and that the purchasers had re- ested her to ratify and confirm such sales and conveyances. Conveys all her right, title and estate in the premises con- I'ed to them respectively by the said Cornelius Westerfield, d every part thereof. Lot 4, SET APART TO Catharine Cozine' iHN Cozine and Sarah, his wife ; John Hopper and Sarah, his zvife; James Ber- TiNE and Deborah, his zvife;^ Jane Ackerman^:;/^ Rachel Cozine to Catharine Cozine. DEED. Dated 26th Sept,, 1814. Ack. 26th Sept., 1 8 14. Rec. 20th June, 1835. 337 Conveyances, 211. Consideration, %l. Conveys all right, title and interest, &c., of parties of the first rt of, in, and to all that certain part of the above described 410 THE COSINE FARM. premises distinguished on a map made thereof by Uzall Freeman from a survey made August i8th, 1814, as Lot N (number four). Bounded and containing as follows, that i say : Beginning on the Easterly side of the Bloomingdale R at the Southwesterly corner of another part of the above scribed piece or parcel of land distinguished on the said 1 thereof as lot No. 5 (number five), and running thence alon^ said last mentioned lot South sixty-two degrees. East one th and four hundred and fifty-four feet to land now or late bel< ing to the Mayor, Aldermen and Commonalty of the Cit; New York ; thence in a Southwesterly direction along the : last mentioned land one hundred and seventy-six feet to ano part of the above described piece or parcel of land distinguis on the said map thereof as lot No. 3 (number three) ; the North sixty-one degrees fifteen minutes, West one thous three hundred and ninety feet to the Bloomingdale Road af said ; thence along the said road one hundred and forty-two to the place of beginning. Containing five acres of land, the same more or less, with the appurtenances, subject, howc to the dower of the said Catharine Cozine thereof. Catharine Cozine died on 4th April, 1835. Last Will and Testament /Dated loth Feb. 18' ^/ > Proved 17th June, 18 Catharine Cozine. V 73 Wills, 508. I do give and bequeath unto my niece, Rachel Westerfit the wife of Cornelius Westerfield, the use, rents, issues £ profits of all my real estate of what kind or nature soever, and during her natural life, as and for her sole and separ estate, subject, however, to the specific devises hereinafter mai THE BALM JOHNSON COSINE PIECE. 4I I lese specific devises are of two lots on Sixth Avenue, each ic 100, to Cambridge Ritter and Charles Ritter, to be set off hem by her executors). I order and direct my executors to and, in due form of law, convey all my real estate of what d or nature soever, except the said two lots and the house, den and ground hereinafter mentioned, and that the proceeds reof be equally divided between the children of my said :e, Rachel Westerfield, and pay to them as they severally ome of age ; that their several and respective shares, in the antime, be safely invested, upon interest, by my executors. I hereby give and bequeath unto my dear sister Rachel the ise in which we now live, together with the garden and ground as now enclosed, to her for and during her life, and ir her death and the death of my said niece, then that shall ) be sold as above directed, and the proceeds divided, paid I invested in the same manner as above directed * * * d I do hereby make and appoint Peter A. Hagerman and •nelius Westerfield executors of this my last will and testa- at, and do hereby order them, give and grant unto them and survivor, full power to make, execute and deliver all certifi- es, deeds and evidence of acts that may be requisite to carry , my will, into full and complete effect. setters testamentary were issued to both executors on i8th y, 1835. See Liber 3. Letters testamentary, page 10. Nearly all the premises were sold by the executors, pursu- to the power in the above will. 412 the cosine farm. Lot Five, set apart to Jane Ackerman. John Cozine and Sarah, his \ ^^„^ ,• T .. 1 DEED. ^vlfe ; JOHN HoPPER and I Sarah, Ids wife ; James Ber-/ j^ ^ a ^<^i c .. o , ^ -^ \ Dated 26th Sept., 18 TINE «;/^ Deborah, Jns ivife A a 1 ^^^1 c ^ o ^ ^ ' , ;; ' >Ack. 26th Sept., 1814 Catharine Cozine and Ra-/ r. .c.t. t o ^ I Rec. 26th June, iS^i; CHEL Cozine i o ^ ' ^j 1 338 Conveyances, 21c iConsideration,$i. Jane Ackerman. I Conveys all right, title and interest of the parties of the f part of, in, and to all that certain part of the above descril premises, distinguished on a map made thereof by Uzall Freeman from a survey made August 15th, 1S14, as lot No (number 5), bounded and containing as follows, that is to s: Beginning on the Easterly side of the Bloomingdale Road, the Southwesterly corner of another part of the above descril piece or parcel of land distinguished on the said map thereof lot No. 6 (number six), and running thence South sixty-th degrees and forty-five minutes, East along the said last m tioned lot one thousand five hundred and twelve feet to Is now or late belonging to the Mayor, Aldermen and Comm^ alty of the City of New York, commonly called the Commoi thence in a Southwesterly direction along the said last m tioned land one hundred and seventy feet to another part of 1 above described piece or parcel of land distinguished on the s map thereof as lot No. 4 (number four) thence North sixty-t degrees West along the said last mentioned lot one thousa four hundred and fiftv-four feet to the said Bloomingdale Ro£ thence along said road one hundred and thirty-four feet to place of beginning. Containing five acres of land, be the sa more or less, with the appurtenances. Subject, however, to dower of the said Catharine Cosine thereof. THE BALM JOHNSON COSINE PIECE. 413 Jane Ackerman, by deed dated 30th April, 1836, and recorded 1 13th May, 1836, in Liber 359 Conveyances, page 35, con- jyed to John M. Bixby and Thomas Nesmith premises on the outheast and Southwest corners of Sixth Avenue and Fifty- iventh street, being lots numbered from i to 17 on the map of t five, ante page 405. She died, seized of the residue of said t five, on 29th May, 1837, It^aving a will as follows : Last Will and Tcstamoii I Dated 2d March, 1837. Qf \ Proved 2d Aug., 1837. Jane Ackerman. ( 7^ Wills, 407. First. I give and bequeath unto my daughter, Rachel Wester- Id, for and during her natural life, all and singular my lands d premises situate, lying and being in the Twelfth Ward of e said City, on the Bloomingdale Road, and running from the oomingdale Road to the Seventh Avenue ; and, immediately :er her death, I give, devise and bequeath the same lands, with J appurtenances, to her children, share and share alike, to be ually divided between them when the youngest of her said ildren shall come to the age of twenty-one years, and not be- *e. If either of her children should depart this life before my id daughter leaving issue, such issue shall take under this, my 11, the share or portion his, her or their parent would have ten if living. Secondly, I give and bequeath unto my eldest andchild, Catharine Jane Westerfield, the place on which I ely resided, s'tuale, lying and being at Bloomingdale, and •nting to the Bloomingdale Road, in the said Twelfth Ward the City of New York, with the appurtenances, to have and hold the same to her and her heirs and assigns forever. All I rest residue and remainder of my estate, real and personal, I 414 THE COSINE FARM give, devise and bequeath unto my said daughter Rachel, and t her heirs and assigns forever. Rachel Westerfield conveyed to her two infant children Emma Delia and Rachel Westerfield, the portion of lot five between Sixth and Seventh Avenue, except the lots conveyed b' Jane Ackerman in her lifetime. DEED. Cornelius Westerfield and I Dated 7th July, 1842. Rachel, /lis wife, f Ack. 7th July, 1842. to ) Rec. 8th July, 1842. Emma Delia Westerfield. \ 429 Conveyances, 49. / Consideration, $1. Conveys all the undivided two-third parts of all that certaii piece or parcel of land situate, lymg and being in the Twelftl Ward of the City of New York, bounded as follows : Com mencing at the Easterly corner of the Seventh Avenue an( Fifty-sixth Street, and running from thence Southeasterly alon[ Fifty-sixth Street seventy-four feet ten inches ; from theno Southeasterly seven hundred and thirty feet seven inches to i point eighty-six feet seven inches from the Northerly corner o Sixth Avenue and Fifty-sixth Street ; thence Northeasterly alonj Sixth Avenue thirteen feet eight inches ; thence Northwesterly parallel with Fifty-seventh Street, three hundred and fifty feet thence Northeasterly, parallel with Seventh Avenue, one hun dred feet to Fifty-seventh Street ; thence Northwesterly, alon^ Fifty-seventh Street, thirty-five feet three inches to a point dis tant three hundred and eighty-five feet three inches from tht Westerly corner of Sixth Avenue and Fifty-seventh Street thence Northwesterly to a point distant one hundred and forty three feet one inch from the Easterly corner of Seventh Avenut and Fifty-sixth street ; thence along the Seventh Avenue to tht place of beginning, be the same more or less. THE BALM JOHNSON COSINE PIECE. 415 DEED. ORNELIUS WesTERFIELD aild j Dated 7th July, 1842. Rachel, his zvife, f Ack. 7th July, 1842. to f Rec. 8th July, 1842. Rachel Westerfield. \ 429 Conveyances, 51. / Consideration, $1. Conveys all the undivided one-third part of same premises the preceding deed. IN CHANCERY. In the Matter of lie Petition of RACHEL an(t Emma D. Westerfield, for\ leave to sell real estate, drc. )45 — Petition filed, asking that Peter A. H.Jackson may be appointed their guardian to sell. Dec. .15^^-Report of Master that Jackson is a fit person for guardian. 146 — Jan. lo — Order appointing Jackson such guardian, and of reference as to facts stated in petition. Jan. 17 — Master's report filed and confirmed, and order entered authorizing Jackson to sell. Feb. II — Sale made of the lots in question. Feb. 26 — Report of sale filed and confirmed, and order entered directing conveyances to the pur- chasers. 4l6 THE COSINE FARM. Title TO Portion West of Seventh Aven Rachel Westerfield died on nth September, 1842, leav surviving Cornelius Westerfield, her husband, and the f Jowing children : 1. Catharine Jane Westerfield, who married John W 26th April, 1843. 2. William E. Westerfield. 3. Rachel Westerfield. 4. Mary Westerfield, v^^ho died on 14th October, 1841 tate, unmarried and without issue. 5. Emma Delia Westerfield, born after death of Jane man. Catharine Jane Westerfield, by an ante nuptial setl dated 26th April, 1843, conveyed all her lands and real to Cornelius Westerfield, in trust, to sell and apply inc proceeds to separate use of Catharine Jane Westerfield the joint lives of herself and John Waite, and on his deatl survives him, to pay principal to her. In case she die then to pay principal to such persons as she may, by w point; or if she leaves no will, then to pay, principal issue, if any ; but if none, to her husband. She also r the power to remove the trustee at any time, and to app( successor. This instrument does not appear to be recorc is recited in the complaint in the following suit. By instrument, dated and acknowledged on i6th '. 1846, Joseph W. Savage was appointed by her trustee, ir of Cornelius Westerfield who was removed by her pursi above power, and Westerfield thereupon conveyed to Sa\ said trust property. On 9th November, 1846, a petiti( presented to the Court of Chancery by John Waite, Ca Jane Waite and Joseph W. Savage, asking the remc Savage and the appointment of John Waite trustee in his This petition was granted 4th December, 1846, and on 1 THE BALM JOHNSON COSINE PIECE. 417 ring day a deed was executed and acknowledged by said rage conveying said trust property to John Waite. See ;(]s recorded in 747 Conveyances, pages 4S6, 490 and 494. Catharine Jane Waite, at the time of the commencement of following suit had issue living, to wit, George W. Waite, n on 29th January, 1847, and Anna Frances Waite, born on h February, i S50. DEED. [LLIAM E. Westerfield aud j Dated 19th June, 1850. Eliza Jane, /lis ivife, f Ack. 19th June, 1850. to f Rec. 19th June, 1850. John Waite. \ 546 Conveyances, 367. / Consideration, $1,200. Conveys all the right, title, interest and claim of the parties the first part, derived under or by virtue of the last will and lament of Jane Ackerman, deceased, or otherwise derived of, and to all the undivided fourth part of the portion of lot Five est of Seventh Avenue. N. Y. SUPREME COURT. iHN Waite, in Jiis oivn right, and as Trustee of CATHARINE Jane Waite, his wife, vs. )RNELius Westerfield, Emma Delia Westerfield, \- Rachel Westerfield, Wil- liam E. Westerfield and Eliza Jane, his zvife; George W. Waite «;/(^ Anna Frances Waite. 50 — Dec. II. Complaint verified asking for partition of Lot 5 West of Seventh Avenue. 41 8 THE COSIKE FARM. 1851 — March 5. Answer of Rachel Westerfield. March 22. Answer of Cornelius Westerfield. July S. Order appointing Charles Henry Sane guardian ad litem of Emma Delia We field, an infant under 14 years, on pet of her father. July 10. Answer of said infant filed. Nov. 19. Order appointing Freeborn G. Luckey g dian ad litem of George W. Waite Anna Frances Waite, on petition of Ai Willis, their next friend. 1855 — Sept. 29. Order making William M. Day a party having married the defendant Ra^ Westerfield. Sept. 29. William M. Day appears by Charlesi Sandford. Oct. 12. Judgment entered, declaring void so mu( the will of Jane Ackerman as declares the premises are to be divided among, children of Rachel Westerfield when yo est shall become of age, and that the vested in Rachel Westerfield free from i limitations on the alienation, and also pointing commissioners of partition. | Dec. 5. Commissioners report an actual partitior expedient. 1856 — ^March 8. Reference to Clerk on liens. Dec. 20. Judgment entered directing sale by Chj D. Mead, Referee. 1 85 7 — Nov. 9. Report of sale filed and confirmed. the balm johnson cosine piece. 419 Lot Six, set apart to Rachel Cozine. DEED. pN Cozine and Sarah, his wife; John Hopper and Sarah, his loife ; James Ber-/ t-> ^ j o , T^ -^ ■' , . . ^ \ Dated , 18 14. FINE rt;/^/ Deborah, /^z.y ifz/^/V a i ^^y c ^ o ^ , . > Ack. 26th Sept., 1814. :.atharine Cozine and Jane/ t> ^i t o . •' I Rec. 20th June, 1835. (\CKERMAN, V « r- ^r^ I 337 Conveyances, 210. Rachel Cozine. Consideration, $1. !^ONVEYS all the right, title and interest of the parties of the t part of, in, and to all that certain part of the above de- ibed premises, distinguished on a map made thereof by Uzall Freeman, from a survey made August iSth, 1814, as lot No. number six), bounded and containing as follows, that is to : Beginning on the Easterly side of the BloomingdaleRoad, the Southwesterly corner of the above mentioned land, late of in Somerindyck, deceased, and running thence along said t mentioned land South seventy-three degrees, East four hun- ;d and seventeen feet ; then South sixty two degrees, East ; hundred and thirty-five feet ; then South sixty-six degrees I thirty minutes East six hundred and thirteen feet to lands >v or late of the Mayor, Aldermen and Commonalty of the :y of New York, commonly called the Commons ; thence in >outhwesterly direction along the said Commons one hundred i sixty- six feet to another part of the ^said first mentioned ce or parcel of land distinguished on the said map as lot No. number five) ; thence along said lot North sixty-three degrees :1 forty-five minutes West one thousand five hundred and elve feet to the said Bloomingdale Road ; thence along the d road one hundred and eighteen feet to the place of begin- ig. Containing five acres two roods and twenty-eight perches 420 THE COSINE FARM. of land, be the same more or less, with the appurtenar Subject, however, to the dower of the said Catharine Cg thereof. Rachel Cozine conveyed the portion of lot six Wes; Seventh Avenue, in various parcels, the residue thereof l' included in the following deed : DEED. Rachel Cozine / ^^^^^d ist May, 184, Ack. 14th May, 184 Rec. 1 8th June, i8z 1 452 Conveyances, i| Consideration, $i,cx to Cornelius Westerfield Conveys all that certain triangular piece of land situa' the South corner of the Seventh Avenue and Fifty-sev Street, in the Twelfth Ward of the City of New York. B< ning at the said corner, and running thence Southeasterly a the Southwesterly side of Fifty-seventh Street four hundred fourteen feet nine inches to a point formed by the intersecti« the South boundary of said land with the Southwest side of street; then obliquely from said point along said boun Northwesterly to said Seventh Avenue four hundred eighteen feet nine inches, and then Northeasterly along Easterly side of said avenue fifty-seven feet nine inches to place of beginning, be the said distances more or less. And also all that certain piece of land situate in the V aforesaid, on the Northeast side of Fifty-seventh Street. B( ning at the North corner of Fifty-seventh Street and the ^ Avenue, and running thence Northwesterly along Fifty-sev Street eight hundred feet to the Seventh Avenue ; then N' easterly along said Avenue eleven feet ; then obliquely a an irregular Southeasterly line forming the old Northerly bo ary of said land eight hundred and seven feet to the ' THE BALM JOHNSON COSINE PIECE. 421 Lie, and thence Southwesterly along the Sixth Avenue one ed and eighteen feet to the place of beginning, be the said ces more or less. d also all that certain piece of land situate in the Ward aid, on the East corner of Fifty seventh Street and the Avenue. Beginning at the said corner, and running 2 Southeasterly along Fifty-seventh Street forty-two feet ches ; thence Northeasterly and nearly parallel to the Sixth ue one hundred and forty-one feet ; then Northwesterly an oblique line forty-five feet nine inches to the Sixth ue, and then Southwesterly along the Sixth Avenue one ed and thirty-three feet eight inches to the place of begin- be the said distances more or less, as the said parcels are own on a map thereof compiled by J. F. Bridges, City ;yor, August 15, 1838. r. , ,. r ^r , J Dated 1 2th July, 1844. Declaration of Iriist / » , , -' - ' -i-t ( Ack. 1 2th July, 1844. \ Rec. 24th Oct., 1845. I46S Conveyances, 104. by RNELIUS WESTERFIELD :ciTES the previous deed and another, and certifies as fol- : '• Now, I do hereby declare and make known that said leveral conveyances have been delivered an'd received by pon the special trust and confidence that I will manage the property therein described to the best advantage, and, when isary, will mortgage, lease or sell the same for the purpose ling, if necessary, in the support and maintenance of the Rachel Cozine during her natural life ; and also, if neces- to meet certain liabilities heretofore entered into by her if hall be unable to meet them from other sources, and the us arising therefrom ; and the residue of said property, paying and discharging all expenses, costs and charges h I may incur, sustain or be put to by reason thereof, I am 422 THE COSINE FARM. to apply to the use and benefit of Catharine Jane "Wait, * Edwin Westerfield, Rachel Westerfield and Emma WesterJ and the survivors and survivor of them, in such shares and portions as I may deem to be most advisable. ~ \ DEED. Rachel Cozine j ► lo f Dated 4th March, i The Purchasers from Cor-/ Ack. 19th March, i NELius Westerfield. \ Rec. 28th March, 1} . J 47S Conveyances, 3' Recites the tu^o conveyances by her to Corr>elius W field, dated ist May, 1S44, ^"^^ recorded in Liber 452 Co^ ances, pages 116 and 117 respectively, and the declarati< trust made by the said Westerfield, dated I3th July, 1S44' recorded in Liber 468 . Conveyances, page 104, and that a of said premises had been made by him, and that he hai ecuted conveyances to the purchasers, and that the purch had requested her to ratify and confirm such sales and co: ances. Conveys all. her right, title and estate in the premises veyed to them respectively by the said Cornelius Wester and every part thereof ^^. M ^L > HE SOMARINDYCK FARM. le farm is included in the following patents : \ PATENT. Sir Richard Nicolls, i Governor, c^r., I Dated 3d Sept., 1667. to ' Rec. in Sec'y of State's )MAS Hall, Jan Vigne, / Office, at Albany, GBERT ^WOUTERS and Ja- ^ 2 Patents, 97. )B Leanders. Whereas there is a certain parcell of land lying and being 1 this Island Manhattans to ye North of ye Great Creeke or stretching alongst ye North River five hundred rods and ing in depth into ye Island three hundred rods a line being m Northeast, it contains in all about five hundred acres or hundred and fifty morgen." DNVEYS said premises to the patentees. lie above patent appears to have been revoked and the wing one given in its place. I J Shap 'i^iil i^-^r^:lxiJ4.. II ^^^^P^^Q^ 424 THE SOMARINDYCK FARM. Sir Richard Nicolls, Governor, etc., to PATENT. ) Dated 3d Oct. 166 Johannes Van Brugh, ThomA Rec. in Sccretari AS Hall, John Vigne, EgY State's Office a BERT WOUTERS and Jacob\ banv. Leanders. 1 2 Patents, in. "Whereas there is a certain tract or parcel of land^ this Island Manhattans lying and being to ye North of ye ' Creeke or Kill, stretching in length from ye said Creeke o alongst ye river commonly called and known by ye na' Hudson's or ye North River eight hundred rods, and fro- said river stretching in depth or breadth two hundred ani rods." Conveys said premises to the patentees. ' The premises included in the above patent appear to been divided among the patentees. DEED. Johannes Van Brough andl Dated i Catharine, his wife, ( Proved 15th May, i to I Rec. 25th Nov., 17 Tunis Cornelius Stille. \ 28 Conveyances, i] Consideration, $75 Conveys all that a certain parcel of land situate, lyin| being to the North of the Great Kill aforesaid to the Soi the land of Adrian Van Schaick. Beginning at a C( marked beech tree which stands upon the first creelf 01 stretching from the said tree by the side of the North . almost Southwest, ("ontaining in breadth sixty English and in length backwards into the woods two hundred anc rods, more or less, as by a patent from Governor Nicolls, ing date the third day of October, 1667, at large will ap GENERAL EARLY TITLE. 425 ilso appears, from recitals in the following mortgage, that said Tunis Cornelius Stille, by virtue of certain mesne yances from Thomas Hall, or his heirs or assigns, was of a certain lot of land lying and being on the West side ;w York Island, fronting to Hudson River, commonly the Great Kills, lying next the land of Jacobus Cort- )n the South, and Cornelius Williamse on the North, and led on the Commons on the East side, and contains two ed acres, or thereabouts, be the same more or less. MORTGAGE. ^ES CORNELISON Stilla i To secure i:3 18. w^ Annakk, his zvife, f Dated 24th June, 1720. to ( Proved ist July, 1 729. John Harpendinck. \ Rec. ist July, 1729. / 31 Conveyances, 271. :iTES the above deed of Van Brough to Stilla and his of the piece conveyed by Thomas Hall, and covers both 1 pieces of land. ; above mortgage was probably foreclosed and the prem- Luxhased by Stephen Delancey. ast Will and Testament I Dated 4th March, 1735. of \ Proved 24th Nov., 1741. Stephen Delancey. \ 14 Wills, 91. er certain provisions not affecting the farm in question, the )r made the following residuary devise : " Item. My will 1 I do hereby give, devise and bequeath all the residue of tate, both real and personal, not otherwise in this my will ed of; and after the decease of my wife, all my estate I given and devised to her during her life unto my afore 426 THE SOMARINDYCK FARM. said children, to wit: unto my sons James, Peter, Stephen and Oliver, and to my daughters Susannah and Anne, ^ their heirs and assigns, forever, share and share alike." It appears from recitals in Letters Testamentary, Libi| Wills 95, that John Delancey died before his father. Last Will and Testament /Dated i6th Sept.,, of > Proved 20th Sept., Stephen Delancev, tJie Seeond. \ 16 Wills, 15. 1 After subjecting his estate to the payment of his deb; provides as follovi^s : "Item. I give, bequeath and devi the rest or remainder of my whole estate, both real and per; unto my brothers and sisters, to wit : James Delancey, Delancey, Oliver Delancey, and Susannah Warren and Watts, to have and to hold the said estate, both real and; sonal, to them, their heirs, executors, administrators and as:] forever, share and share alike, as tenants in common, sc there be no benefit of survivorship between them or ai; them." Peter Delancey, Oliver De- lancey, Peter Warren and^ Susannah Warren, //?> zvife; John Watts and Anne, /lis ivifc, to James Delancey. PARTITION DE Dated 1747- Ack. nth April, 17 14 Deeds, 258. At -Albany. Recites partition of the estate of Stephen Delancey, anc the portion of James Delancey is as follows, to wit : " All farm or tract of land situate, lying and being in the City'j County of New York, called and known by the name of L GENERAL EARLY TITl,E 427 ningdale, and the lot or lots of salt meadow' therewith on ►''est side of Hudsons River therewith used and to the sanae ging as the same was lately in the tenure and occupation ephen Delancey, the younger, of the City of New York, aant, deceased. Containing about three hundred acres, be ime more or less. e James Delancey named in the preceding deed was enant-Governor of the State. He died in 1760, leaving six ■en, of whom the eldest was James Delancey. e said James Delancey, the son, was attainted of treason by 'the Legislature, passed October 22d, 1779? ^iid the prem- ested in the Commissioners of Forfeiture. s stated that John Somarindyck was in possession of said ises prior to the sale to him by the Commissioners of For- e, under purchase from James Delancey. But the purchase g been made after July 9th, 1776, was presumed to be ulent by the 12th section of said act. By an act passed Nd^ay, 17S4, it was enacted that two Commissioners of For- e should be appointed for the Sonthern District of New by the Governor, with the advice and consent of the ;il of appointment, to sell the forfeited estates. The act ates in detail the manner and effect of the sales to be made em. Isaac Stoutenburgh and Philip Van Cortlandt were inted Commissioners. CERTIFICATE OF \ SALE. c Stoutenburgh and j [ILIP Van CourtlandtV Dated 27th July, 1785. mniissioncrs of Forfeiture, \ Consideration, ;^2,5oo. to \ Book of sales of For- JOHN Somerindike. 1 feited Estates, page . ) 78. :rtifies to sale to John Somerindike of " all that certain piece or parcel of land situate, lying and being to the 428 THE SOMARINDYCK FARM. North of the Great Kills, on New York Island, and to the 5 of lands late belonging to Adrian Van Schaick, begii. where a certain beach tree stood upon a certain neck o istretching from the said tree by the side of the North 3i almost Southwest, containing in breadth sixty-eight rods, a length backwards into the woods two hundred and fifty more or less. And also all that certain lot of land situate being on the West side of New York Island, fronting Hud River on the West, lying next to the land late ot Jacobus Cortlandt on the South, and the above lot, formerly of C«| Hus Williamse, on the North, and bounded on the East b} Commons, containing two hundred acres, more or less, w said lands became forfeited to and vested in the People o said State by the attainder of James De Lancev, Esq. The said John Somarindyck died, intestate, on iitli Octr 1790, leaving him surviving Sarah Somarindyck, his wic who died July 2d, 1S30, and the following children, his heirs-at-law : 1. Hyder Somarindyck. 2. George W. Somarindyck, 3. Margaret, married to William A. Hardenbrook on 11] ruary, 1791. 4. Sarah, married to John H. Talman on 10 April, 1S06. 5. Abigail Thorn, widow of Leonard Thorn, and afterw wife of William T. Cock. In 1S09 the heirs of John Somarindyck proceeded to parti the farm in question among themselves. A copy of the 1 used in this partition is given ante page 423. The follov are the deeds by wliich the same was carried into effect : GENERAL EARLY TLrLE. 429 LIAM A. HaRDENBROOK ii Margaret, Ids zvife ; )iiN H. Talman rt'//^/ Sarah,, ^ , „ , ,. ■r n.. , ,^^^r c...,, f Dated 8th March, 1 809. 5- 7i7A',- George W. S(^MAR-l ^ , „ , ,^ , -^ , TT c- > Ack. 8th March, 1800. •])\CK dZ/t/ IIVDER SOALVR-/ ,, , , ' ,^ -^ 'dyck, to .AijiGAiL Thorn. DEED. Rec. i/tli Jan., 1810. 85 Conveyances, 295. Consideration, $1. iciTES death of John Somarindyck seised of the farm in ion, and that the parties hereto, his hcirs-at hivv, had III upon a division thereof amongst themselves, in accord- with a map thereof made by WilHam Bridges, sworn Sur- r, in November, iSoS. >NVEVS to Abigail Thorn, as her share, " All those said iteen lots, pic-ces or parcels of land, part and parcel of tlie ^arm or tract of land above described, and known and dis- ished in the aforesaid map or chart by the said numbers , Three, Fourteen, Fifteen, Twenty-seven, Twenty-eight, '-three, Forty-four, Forty-eight, Forty-nine, and the letters in, 1, u, w, and the figure 3 ; and, taken together, contain live acres, three roods eight perches, and eighty-five square including streets, as by the copy of the aforesaid map or hereunto annexed may more fully appear. [JAM A. HARDENBROOK j DEED. 'J Margaret, /ns ivifc ; j :orge W. Somarindyck/ Dated 8th March, 1809. af Hyder Somarindyck', Ack. 8th March, 1809. r/ Abigail Thorn, / Rec. 20th June, 18 11. to i 92 Conveyances, 445. >IT Talman, wz/> Ack. 8th March, 1809. mER SOMARINDYCK, ( Rec. 6th March. 18 15. to I 108 Conveyances, 518. ORGE W. SOMARINDYCK. I Consideration, $1. NTAiNS same recitals, and conveys all those fifteen lots, s or parcels of land, part and parcel of the said farm or of land above described, and known and distinguished in foresaid map or chart by the said numbers One, S.ix, 1, Twenty, Twenty-one, Thirty-two, Thirty-nine, Forty, '-six, and the letters a, f, g, y, and the figure 6 ; and, taken her, contain sixty-one acres, twenty-five perches, and one red and fifty-five square feet, including streets, as by the of the aforesaid map or chart hereunto annexed may more appear. t number Thirty-one was omitted in the record of the above among the premises conveyed, and the deed was correctly ded Liber 768 Conveyances, page 159, on 4th November, LIAM A. HARDENBROOK d Margaret, his wife ; iHN H. Tallman ««^Sarah, ^zvife ; GEORGE W. SOMAR- DYCK rt-??^ Abigail Thorn, I to HyDER SOMARINDYCK. DEED. Dated 8th March, 1809. Ack. 8th March, 1809. Rec. 7th June, 1817. 122 Conveyances, 135. Consideration, $1. NTAINS same recitals, and conveys all those sixteen lots, s or parcels of land, part and parcel of the said farm or 432 THE SOMARINDYCK FARM. tract of land above described, and known and distinguish{ tbe aforesaid map or chart by the said numbers Eight, I Eighteen, Nineteen, Thirty-three, Twenty-three, Twenty- Thirty-five, Thirty-six, Fifty, and the letters i, h, o, s, r an and, taken together, contain sixty- four acres, three n. thirty seven perches and thirty-eight square feet, inclii streets, as by the copy of the aforesaid map or chart here annexed may more fully appear. M>1A1 >iOYai/li>IAM08Ta OHIYJ VI tral The ler ; een and 1 by her on and ;nth Avenues. Her husband, John H. Tahnan, had died re her, on i8th August, 1864. 43" XRF Q(^AT A 7,' TKTT »\'r U' F A l.> IVT tn th. Ei Tl an thi stri an J L ^ZEZX ^ u ^^ 3-^ ^/ 00 1 IE SOMARINDYCK FARM EAST OF THE EIGHTH AVENUE. is portion of the farm has been absorbed by the Central , excepting the blocks South of Fifty-ninth Street. The these blocks will be considered in the following order ; those East of Seventh Avenue, and then those between nth and Eighth Avenues. The Blocks East of Seventh Avenue. lese are designated on the partition map as block 45 and 5 I, 2 and 3. These were set apart to Sarah Talman by •artition deed given ante page 429. She conveyed in her ime the gores East of Sixth Avenue and died seised on day of April, 1867, of the blocks between Sixth and nth Avenues. Her husband, John H. Talman, had died re her, on i8th August, 1864. THE SOMARINDYCK FARM LYINC EAST or THc EllCHTH AVENUE. J oO 51xK ST. '..„■,■ ,-cit<-^^ t yC- iJ^Ui^ 434 THE SOMARINDYCK FARM. Last Will and Testament / Dated 8th July, i: of \ Proved 22d May, i Sarah Talman. \ i6i Wills, 354. " I give, devise and bequeath unto my said Executors, the survivors and survivor of them, two equal undivided parts or shares of all the rest residue and remainder « estate in trust, nevertheless, to and for the uses and pu following, that is say : — To invest and keep the same in upon bond and mortgage of real estate, or in the public fu the United States, State or City of New York as the^ deem most advisable, and apply the interest or income i therefrom to the use of my said daughter Caroline durir natural life, and after her decease to pay and divide th' principal sum equally to and among the children of tb Caroline living at the time of her decease, and the issue c of her children as may have died before her leaving issue issue to take the share their parent would have taken if and upon the further trust, that if the said Caroline shar without leaving issue her surviving, then to pay and divi same to and among my surviving children and grand ch^ above named, or such of them as shall then be living, ai;, issue of such of them as may have then died leaving isii the proportions following, that is to say : — Each of m children or their issue to be paid double the amount paid said grand children or their issue." Testatrix devise' other eighths parts of said residue of her estate to her I' tors in trust for her daughter Sarah Augusta, to hold < same trusts as to investment, application of income to h during her life, division among her issue, and with like n der in default of issue. She devises two other eighths t; to her trustees in trust for her daughter Cornelia A., to h like trusts for her life, with like remainders. She devisi i EAST OF THE EIGHTH AVENUE. 435 :h part thereof to her Executors in trust for her grandchild erine C, to hold on like trusts for her life with like re- ders, except that the income, save such as shall be necessary ler support, shall be accumulated during her minority, remaining eighth thereof she devises to her Executors in for her grand child Sarah, on like trusts as in case of her • grand child. " Tenth, in order to enable such investment, ication and division of my estate to be made as herein above ted, I authorize and empower my said Executors and the sur- s and survivor of them, at such time or times as they may 1 most advantageous, to sell and dispose of all the real estate hich I may die seised (except the real estate hereinabove cularly mentioned which is not to be sold, other than as nabove provided) at public auction, and upon such sale f made, to execute and deliver to the purchasers thereof and valid deeds of conveyance in fee simple absolute." appoints her husband John H. Talman, and John P. Yel- n, and Joseph G. R. Blackwell her Executors. codicil dated 39th January, 1858, she appoints Cornelius DeVVitt her Executor, in place of Jo'seph G. Blackwell. )dicil dated 6th August, 1862, she appoints Edward DeWitt Executor, in place of Cornelius John Dewitt. tters Testamentary were granted to Edward DeWitt on Aay, 1867. In Liber 24, Letters Testamentary 261. e Executor sold the pi'emises in lots according to map filed >e number 688. Blocks Between Seventh and Eighth Avenues. ese are designated on thr; partition map as blocks number d44, and gore number 3, and with blocks two and three 436 THE SOMARINDYCK FARM. and others were set apart to Abigail Thorn, widow, by parl^ deed given ante page 429. She intermarried with Williail Cock in the Spring of 1809. mortgage! William T. Cock and Abi-/ To secure $10,000. GAIL, his wife, f Dated 25th April, i, to } Ack. 30th April, 18 Jean Victor Marie Moreau.X Reg. ist May, 1810 / 23 Mortgages, 106. 1 Covers said blocks two, three, Forty-thi*ee and Forty-i " The said lots number two and three, containg together thir: acres, three roods, sixteen perches and one hundred and a^ feet, and the said lots numbered forty-three and forty-four ( taining eleven acres, three roods, two perches and two huni and forty-five feet. The above named mortgagee died in year 1813. 1 Last Will and Testament /Dated 26th Oct., 18 of \ Proved 26th Jan., i Jean Victor Marie Moreau. \5i Wills, 229. "■ I, the undersigned, Jean Victor Marie Moreau, being sirous of securing the estate that I shall leave at my deceas my wife, to my relations, and to those who have served declare that I dispose of the same, in manner following : — incorrect manner in which my marriage contract was dr up, having deprived my wife of the advantages of ' C munity,' I declare that I restore them by giving to her the of all my estate in full property if I die without children, only the use and enjoyment thereof during her life if my chil survive me. In the latter case there shall be first raised i the whole of my estate a life annuity to be divided amongst EAST OF THE EIGHTH AVENUE. 437 lers and sisters." There are provisions regulating the int of this annuity according to the value of his estate, will also provides for certain legacies to his domestics. 2clare that I appoint for my Executors Monsieur Feray, hant at Paris, dwelling in the Rue de Choiseul, and iieur Saint Paul, a lawyer, dwelling also at Paris, Rue ;dame des Victoires, jointly or one of them in default of the codicil dated 19th June, 1813, he provides as follows : — le within named Jean Victor Marie Moreau, having since jriod of signing and publishing my last will and testament e two annexed pages written, acquired certain real and nal estate within the United States of America, do there- nake, publish and deliver this my schedule to the said last ind testament, hereby ratifiying and confirming such my ast will and testament in all and singular the items therein ined, and willing and directing that all such, my property 5^uired in the United States or may be acquired therein, be held, shared and disposed of in the same manner and to me uses and in the same proportions as the other of my said ;rty is particularly given and disposed of in and by such my ast will and testament. And I do hereby especially make, rize and appoint my friend John S. Roulet, of the City of York, merchant, to be one of the Executors, jointly with ;hers named in said will." DEED. i Dated 3d Jan., 1814. Proved 7th Jan., 18 14. Rec. 8th Jan., 1814. 104 Conveyances, 224. Consideration, $1. NVEYs all interest in the seventeen lots set apart to Abigail n (now Cock) by the partition deed above mentioned. 438 THE SOMARINDVCK FARM. John A. Hardenbrook and Maria, his wife, to Abigail Cock, ivife of Wil- liam T. Cock. DEED. Dated . 8th Jan., i8iz| Ack. 7th June, 1814 Rec. 2ist Nov., 181^ 108 Conveyances, 91 Consideration, $1. Conveys all interest in same premises subject to the al mortgage and another on other of the seventeen lots. IN CHANCERY. John S. Roulett, Monsieur Feray and MONSIEUR St. Paul, Executors ^/ Jean VIC- TOR Marie Moreau, vs. William T. Cock rt:«<^ Abigail I his ivife, and John A. Har- denbrook. 1814 — Nov. 18. Bill filed to foreclose. 23 Mortgages 10 1S15 — March 6. Order of reference on consent of solicito the defendants. March 8. Master reports $11,300.58 due. March 8. Decree of foreclosure and sale. March 18. Report of sale confirmed. DEED. Nathaniel F. in Chaneery, Moore, Master to John S. Roulett. Dated 17th March, 1 Ack. 17th March, iJ Rec. 8th April, 181 5 109 Conveyances, i( Consideration, $11,6 Conveys said lots Two, Three, Forty-three and Forty-fo EAST OF THE EIGHTH AVENUE. 439 See Liber 140 Conveyances, page 287, for release of dower )m Sarah Somarindyck to John S. Roulet of said four lots. John S. Roulet, by declaration of trust, dated 17th March, 15, and recorded in Liber 125 Conveyances, page 345, on 21st ibruary, 181S, declares that he purchased said premises and :epted the conveyance thereof for and on account of the estate the said Jean Victor Marie Moreau, and holds the said prem- s to the uges and upon the trusts declared and contained in d by the last will and testament of Jean Victor Marie Moreau. id in case an opportunity should offer to sell and dispose of d premises advantageously to the said estate, then upon the ther trust to make such sale thereof and to execute and de- 2r to the purchaser thereof a good and sufficient deed of iveyance of the same. r c 1^ \ DEED. John S. Roulet J to /.NIT, T T^ f Dated ist Tuly, i8i7. .exandrine Louise Eugenie I _, , , i. ; HULOT MOREAU, undow of) ^'^^"^ 3d Feb., 1818. fEAN VICTOR yiK^lA^^^-^^^^^-'^'^- \10REAU. • V25 Conveyances, 252. / Consideration, $1. Iecites the above deed from the Master to John S. Roulet 1 his declaration of trust. Conveys said lots Two, Three, Forty-three and Forty-four, bendum, upon trust, to manage and improve, sell, dispose of I convey the same ; and the monies thence arising to pay, >ropriate and convey according to the directions, true intent 1 meaning of the last will and testament of the said Jean ;tor Marie Moreau, deceased. Uexandrine Louise Eugenie Hulot Moreau, by power ot >mey dated 5th June, 1812, and recorded in Liber 103 Con- 440 THE SOMARINDYCK FARM I veyances, page 75, had appointed her husband, Jean V Marie Moreau, her attorney, with full* power to manage property as he may think best, and with power of subslitul He appointed John S. Roulet as substitute attorney in his pi by instrument dated 19th June, 1813, and recorded in 103 ( veyances, page 77. See also power of attorney from Moreau to said Roulet, recorded on same page. Alexandrine Louise Eugenie Hulot Moreau died lea. Eugene Victoire Francoise Soloma Xaviere Isabella, wif Ernest Alexis Dubois, Vicomte de Courval, her only survi: daughter and sole heir at law, she being then also the sole , at law of her father, Jean Victor Marie Moreau. By an ai the Legislature passed 29th March, 1809, General Moreau wife were authorized to take, hold and dispose of real ei within this State. By a subsequent act passed 21st April, i. Chapter TfOy, his daughter was authorized to take and hoh descent such estate in the premises in question, as her fa and mother, or either of them, had at the time of their res] tive deaths, as if she were a citizen, with power to sell and pose of the same. There is a mistake in the location of blocks, as given in this act, but there is probably enough show the premises intended. Ernest ^Alexis Du Bois, Vi- 1 POWER OF ATT( COMTE DE Courval and! NEY. Eugenie Victoire Fran-I coiSE Soloma Xaviere Isa-\ Dated loth May, 18: BELLA, Ms wife, I Ack. loth May, 182; fo I Rec. 2ist July, 1827. Henry C. De Rham. 1 2 Powers Attorney, ] Authorizes him to sell jfnd dispose of, at private sale auction, all the remaining lands, tenements and hereditame EAST OF THE EIGHTH AVENUE. 44I eof Jean VictorMarie Moreau or his wife died, seised within 'nited States of America, and that the said Eugenie Victoire coise Soloma Xaviere Isabella is, or may be, entitled to evise inheritance or otherwise, and to execute good and ;ient deeds therefor. NEST Alexis Dubois, Vi- | >MTE DE COURVAL and j DEED. JGENIE Victoire Fran-/ 'ISE Solama Xaviere Isa-' Dated 21st June, 1828. ;lla, Ms wife, by Henry C.V Ack. 25th June, 1828. E Rham, their Attorney, [ Rec. 25th June, 1828. to V 238 Conveyances, 271. ID Baker, JohnMorss rt/^<^^ Consideration, $5,050. James Lowerre. >NVEYS said Lots Forty-three and Forty-four. See Liber 551 '^eyances, page 315, for confirmatory deed from grantors in ^receding instrument, executed by them personally. DEED. ID Baker and Susan, //w /Dated 4th Dec, 1829. ivife, r Ack. 4th Dec, 1829. to /'Rec 2 1 St Dec, 1829. George S. VVatkins. 1256 Conveyances, 504. / Consideration, $2,200. »NVEYS all the one equal undivided third part of said Lots It ^-three and Forty-four. 442 THE SOMARINDYCK FARM. DEED. George S. Watkins and Eli- V Dated ist May, i8:- ZABETH, his zvife, ( Ack. i6th June, i8. to / Rec. 2ist June, 183 Charles Smith. ^274 Conveyances, 5 /Consideration, $2,5t Conveys all and singular the one equal undivided third of said Lots Forty-three and Forty-four. MORTGAGE. Charles Smith and Ann, his j To secure $2,200. toife, I Dated ist May, 18; to I Ack. 20th June, 183 George S. Watkins. \ Rec. 22d June, 1831 / 146 Mortgages, 166. Covers all and singular the one equal undivided third ps said Lots Forty-three and Forty-four. George S. Watkins, the above named mortgagee, died, ii tate, on 15th August, 1836, in the County of Suffolk, and le of administration were granted "by the Surrogate of that co to William McLean, Junior, and Elizabeth Watkins. The said Charles Smyth died intestate, on 9th Septeir 1832, leaving him surviving Ann Smyth, his widow, and ( stantine Smyth and Mary Costigan, wife of James Costigan only children and heirs-at-law. Mary Costigan died or December, 1834, intestate and without issue. Constar Smyth died on loth January, 1836, intestate, unmarried without issue. As he left no heirs, his real estate escheate the People of the State. Ann Smyth, the widow, died on October, 1834, and administration on her estate was grante( States Wilkins. EAST OF THE EIGHTH AVENUE. 443 11 8th October, 1832, letters of administration on the estate harles Smyth were granted to Ann Smyth. See 31, Letters flministration, page 29. She obtained from the Surrogate rder, dated loth March, 1S34, authorizing her to sell, &c., eal estate of Charles Smyth to pay his debts. She died re a sale was had under said order. Letters of administra- on the estate of Charles Smyth, unadministered by her, ; granted to Thomas Addis Emmett on 8th December, .. See Liber 33, Letters Administration, page 86. The lises were sold under said order to Seaman Lowerre, Thomas looker and Andrew Wight, but they refused to complete, the Surrogate declined to enforce the contract of sale. IN CHANCERY, ,LIAM McLean, Junior, and LIZABETH WaTKINS, Admill- 'rator and Administratrix^ c, ^y" George S. Watkins, vs. OMAS Addis Emmett, rATES WiLKINS, SEAMAN| w E R R E, Thomas W. OOKER, Andrew Wight id The People of the I'ATE OF Nf,w York. —Oct. 4. Bill filed to foreclose 146 Mortgages, 166. — Dec. 21. Order /ro confesso vs. Thomas W. Hooker, on default of appearance. — March 21. Order pro confesso vs. The People of the State, on default of answer. 444 THE SOMARINDYCK FARM. 1838 — April 4. Ov(\er% pro coTifesso vs. Andxevf Wight Seaman Lowerre, who had appeared) default of answer. Api'il 6. Answer of Thomas Addis Emmett filed. I April 20. Order pro confesso vs. States Wilkins consent. April 21. Order of reference to compute, &c. May I. Master reports $2,990.16 due. May I. Decree of foreclosure and sale, 1840 — May 26. Decree enrolled. June 5. Master's report of sale filed and confirms \ DEED. John A. Sidell, Master in J Chancery, /Dated 26th May, li to \ Ack. 26th May, 184 John Morss aiid Abigail I Rec. 27th May, 184 Lowerre. I408 Conveyances, 9c /Consideration, $4,30 Conveys all and singular the one equal undivided third ot said Lots Forty.-three and Forty-four. Abigail Lowerre had become seized of the one-third of lots vested in James Lowerre, by the following will, he ha died on 26th May, 1839. Last Will and Testament /Dated 12th Oct., 18 of \ Proved nth July, i James Lowerre. i 80 Wills, 251. " Secondly. I give, devise and bequeath unto my beloved Abigail all my estate, both real and personal, of what natui kind soever and wheresoever, which shall remain after payment of my debts and funeral expenses as above dire( To have and to hold the same to her, her heirs and assigns, ever." EAST OF THE EIGHTH AVENUE. 445 \ DEED. MORSS and ISABELLA, Jiis ) .^^,lfg f Dated 20th Dec, 1842. , ' .,, > Ack. nth Jan., 1843. lo andzvith (^^^ 12th Jan., 1843. Abigail Lowerre. \ 430 Conveyances, 437. / Consideration, %\. ;iTES the ownership in common of the two blocks in 3n by the parties hereto, and that they had agreed upon a on, by which John Morss was to have the Westerly half block between Fifty-eighth and Fifty-ninth Streets, and isterly half of the blocks between Fifty-seventh and Fifty- Streets, and Abigail Lowerre the Easterl}- half of the between Fifty-eighth and Fifty-ninth Streets and the rly half of the block between Fifty-seventh and Fifty- 1 Streets. Each conveys to the other the portions of the i set apart to him or her. n Morss died on 23d June, 1846. .ast Will and Testament /Dated 2d Nov., 1843. of \ Proved i6th July, 1846. John Morss. 1 92 Wills, 575. er certain devises of specific real estate, not including the ses, the testator provides as follows : " I therefore will and that all the rest, residue and remainder of my estate not ibefore disposed of shall be, and hereby is, charged with lyment of all my said debts and demands, including all expenses of finishing said buildings, until the same shall ily paid and satisfied ; and I give, devise and bequeath all id rest, residue and remainder of my estate, subject to the ent of my said debts as last mentioned unto my said chil- Peter H. Morss, George W Morss, John Morss, Junior ; im H. Morss, Mary J. Bennet, Susan Sturgess and Ann Morss, their heirs and assigns, to their own proper use enefit, forever, in equal parts, share and share alike." 446 THE SOMARINDYCK FARM. Mary J. Bennet named in the above will was the v Joseph S. Bennett, Susan Sturgess was the wife of Then Sturgess, Ann Eliza Morss married Augustus P. Wo after the death of her father and prior to 20th April, 1847. George W. Morss died, intestate, on 2d April, 1S51, k him surviving his brothers and sisters, namely, Peter H. J John Morss, William H. Morss, Susan Sturgess, Mary J. nett and Ann Eliza, wife of Augustus P. Woodruff, his heirs-at-law. We have thus far considered the title to the blocks be Fifty-seventh and Fifty-ninth Streets, but there was a smal on the South side of Fifty-seventh Street, marked number the partition map. This map shows a larger gore thanac existed, as the map represented Fifty-seventh Street as ( ordinary width, instead of one hundred feet wide. Thisg not specifically mentioned in the mortgage to Moreau page 436, but blocks 43 and 44 are described as contain sufficient number of acres to include this gore. Frequen this farm, in the deeds conveying the blocks adjoining tlie : the gores are not specifically mentioned, but the adjoining 1 are described as containing sufficient acres to include the 1 At any rate, Morss and Lowerre claimed title to this gore evident from deeds recorded in 430 Conveyances, pages 44 442. We will not trace title to tliis gore further than to that they became ultimately vested in Benjamin A. Willis, obtained releases from all the heirs and devisees of John 1 and William Lowerre, and also a deed from John W. Coc only surviving son and heir-at-law of Abigail Cock, wh( died intestate in 1S53. See certificate of inheritance, rec in Liber 1280 Conveyances, page 695. The deed from W. Cock to Willis is recorded in 1291 Conveyances, pag and the other releases were recorded about that time. NVEYs with other property said blocks 23 and 24. 446 THE SOMARINDYCK FARM. FARM 1 -^ fi(r-r:/Q ^fi. <./., A' ^/('. '^'"i 6^*', iS/Uf-- . J a 3. 1 and the other releases were recorded about that time. IE SOMARINDYCK FARM, ETWEEN EIGHTH AND NINTH AVENUES. e blocks will be taken up in order, beginning at the South ;oing North. iE Blocks Between s/th and 59TH Streets. jse are designated on the partition map as blocks Number d 34, and were set apart to Hyder Somarindyck, by par- deed given ante page 431. • MORTGAGE. 'DER Somarindyck, and j^o secure $2,000. Rebecca M., /ns zvife, f Dated 14th April, 1812- to NAck. 4th April, 1812. Eagle Fire Company of ( Reg. i6th April, 1812. New York. 127 Mortgages, 412. ■^VEYS with other property said blocks 23 and 24. 1 MAP or TMc SOMARINDYCK FARM bctv^^n 8iK&9ik AVLNUCS 1 1 1 1 1 ; ■' 1 -"•• 1 \ 1. ^ ■ ^ \ \l \ B'l "1 ' _4_ ^■'- 1- -4-1 ~'r "4^": 4 • % \ X 1 4 : 1 ' 1 tj)^'' 448 THE SOMARINDYCK FARM. In same Liber, page 413, for release of dower from S; Somarindyck to Eagle Fire Company, of New York. i DEED. Hyder Somarindyck a^id i Dated ist Feb., i8i Rebecca M., /i/s wife, f Ack. 5th June, 181; to f Rec. 7th June, 1817; John A. Hardenbrook. \ 122 Conveyances, i; / Consideration, $5, 5c, Conveys, with others, said blocks 23 and 24. IN CHANCERY. Befoi'e the Chance/lor. The Eagle Fire Company of New York, vs. Hyder Somerindyke, Johni Hardenbrook and John H. Talman. 1S17 — April 8. Bill filed to foreclose. 27 Mortgages, 412. May 29. Order /re confesso vs. all defendants in fault of appearance and answer. May 29. Order of reference to compute. June 6. Master reports $2,130.68 due. June 9. Judgment of foreclosure and sale. Aug. 26. Master's report of sale. 1820 — April lo. Decree enrolled. BETWEEN EIGHTH AND NINTH AVENUES. 449 ES A. Hamilton, Master CJiancery, to DERiCK Christian Have-| SYER. DEED. Dated 30th July, 1817. Ack. 2d August, 1 8 17. Rec. 2d August, 1817. 122 Conveyances, 425, Consideration, $2,100. NVEYS said blocks twenty-three and twenty-four. ederick C. Havemeyer, the above named grantee, died on September, 1841, intestate, leaving him surviving Cath- Havemeyer, his widow, and Frederick C. Havemeyer, lotte Eyer, then wife of William I. Eyer, Catherine E. iot, then wife of Warren Harriot, Susannah W. Senft, wife of Henry Senft, Mary R. Havemeyer, who intermar- with John I. Northrop in February, 1850, Charles H. jmeyer, Diederich M. Havemeyer, George L. Havemeyer Edward A. Havemeyer, his only children and heirs at law. Iward A. Havemeyer, one of said children, died on 2d April, , intestate and without issue. N. Y. SUPREME COURT. :EDERICK C. HAVEMEYER, ■VS. [iERiNE Havemeyer, Wil- AM J. Eyer and Charlotte I'ER, his zvife; WaRREN .-vrriot and Catherine E. arriot, his zvife; Henry ^NFT and Susannah W. CNFT, liis zvife; JOHN I. orthrop and Mary R. 3RTHROP, his ZJvife; CHARLES . Havemeyer and Mary AVEMEYER, his zvife; DlE- ':rick M. Havemeyer and ARY Havemeyer, his zvife; eorge L. Havemeyer aiid LIZA Havemeyer, his zvife, DWARD A. Havemeyer and )PHiA S. Havemeyer, /ks fe. } 450 THE SOMARINDYCK FARM. 1852 — Dec. 13. Summons dated. Dec 13. All defendants admit due sei-vice thereof. - Dec. 20. All defendants appear by James Larocque Dec. 24. Complaint filed asking for a partition or s;' Dec. 30. Amended complaint filed. 1S53 — Jan'y 19. Order of reference to Adam D. Logan, on * sent. March 12. Answer of all defendants filed. March 12. Referee's Report on title, &c., filed. March 12. Judgment of sale entered on consent. June II. Order that action and judgment revive aga the other defendants, Edward A. H^ meyer having died. June II. Referee's Report of sale filed and confirni Oct. I . Referee's Report of resale of certain lots. The Blocks between 59TH and 6ist Streets These are designated on the partition map by the number and 26, and are set apart to Sarah Talman by partition d set forth ante page 429. She conveyed the same in lots aca ing to map filed in case number 531. The Blocks between 61 st and 63D Streets. These are designated on the partition map by the numt 27 and 2S, and were set apart to Abigail Thorn, widow, partition deed set forth ante page 429. She intermarried v William T. Cock in Spring of 1S09. BETWEEN EIGHTH AND NINTH AVENUES. 45 I DEED. i Dated 3d Jan., 1814. Proved 7th Jan., 18 14. Rec. 8th Jan., 1814. 104 Conveyances, 224. Consideration, $1. !;!oNVEys all interest in the seventeen lots set apart to Abi- 1 Cock (then Thorn) by the partition above mentioned. HN A. HardenbroOK and DEED. Maria, his wife, f Dated 8th Jan., 1814. to V Ack. 7th June, 1814. IGAIL Cock, 7x7/^ others. DEED. James Bogert, sole surviving j Dated 27th Jan., 18} Exeaitor ^/JACOBUS BOGERT, \ Proved 31st Jan., 18 to 1 Rec. 4th March, 1831 Francis Price. \ 325 Conveyances, \i Consideration, $1. Recites the preceding deeds and mortgage, and that the mortgage is an apparent lien on said lands, and releases discharges from the lien thereof the said Lots Twenty-seven ji Twenty-eight. Francis Price sold these blocks off in lots according to t] filed in Case number 61. The Blocks between 63 rd and 65 th Street? These were designated on the partition map as Blocks N ber 29 and 30, and were set apart to Margaret Hardenbrool partition deed set forth ante page 430. 4 BETWEEN EIGHTH AND NINTH AVENUES. 453 LLIAM A. Hardenbrook J DEED. nd Margaret, Ms zvi/e, and j Iarah SOMERINDYCK, | Dated 2d Jan., 1816. to \ Ack. 3d Jan., 1816. E Mayor, Aldermen and( Rec. 5th Jan., i8i6. ;0MM0NALTY OF THE CityV 113 Conveyances, ii/. (F New York. IConsiderat'n, $5,869.07. !oNVEYS, with others, said Blocks 29 and 30. 'hese premises were sold off by the City in lots according to ) recorded in Liber 607 Conveyances, 121. The Blocks between 65TH and 67TH Streets. 'hese were designated in the partition map as Blocks Num- 31 and 32, and were set apart to George W. Somarindyck partition deed set forth ante page 431. \ MORTGAGE. 3RGE W. Somarindyck and j — — Cornelia, /ns ivife, andf To secifre $10,000. Iarah Somarindyck, > Dated 3d March, 181 5. ^0 I Ack. 3d March, 18 15. Gideon Kimberly. 1 Rec. 6th March, 1815. / 32 Mortgages, 421. OVERS Blocks Forty-six, Seven, Six, g, f, Twenty, Twenty- , Thirty-two and Thirty-one. 454 THE SOMARINDYCK FARM. DEED. George W. Somarindyck aji^ J Dated 9th Oct., 181 Cornelia, /lis wi/e, f Ack. loth Oct., 181 to f Rec. 27th May, 181; Tunis Van Kleeck. \ 1 19 Conveyances, 4: / Consideration, $5,oc Conveys the fifteen blocks set apart to George W. Somj dyck in the partition deed above referred to. IN CHANCERY. Gideon Kimberly vs. George W. Somarindyck and\ Cornelia, /as wife ; 'Sarah Somarindyck, John H. Tal- MAN, John A. Hardenbrook ' and Tunis Van Kleeck. 1S17 — July 17. Bill filed to foreclose 32 mortgages, page 4 Sept. 13. Order pro confesso vs. all defendants, reference to compute. Sept. 39. Master reports $10,877 *^'^'^- Sept. 29. Decree of foreclosure and sale. I, Nov. 10. Master's report of sale of premises to Gic Kimberly filed and confirmed. 1820 — June 30. Decree enrolled. DEED. Ezra L'Hommedieu, Ivlasterl Dated 22d Oct., i8r in C/iancery, I Ack. 25th Oct., 181; to / Rec. 7th Jan., 1818. Gideon Kimberly. \ 124 Conveyances, 49 „ / Consideration, $9,501 Conveys the said nine blocks, covered by the precec mortgage. BETWEEN EIGHTH AND NINTH AVENUES. 455 orge Kimberly died at Brooklyn, on 3d December, 1819, ate. He was a widower, and left neither children, father nother, but the following brothers and sisters, his only at-law : ivid Kimberly, who died at Bethlehem, Conn., in 1842. ollaston Kimberly, who died in Ohio in 1852. lac Kimberly, of England. lly, wife of Ephraim Piatt, of Newtown, Confi. (died 1S52). san, wife of Joseph S. JVIerriam, of Watertown, Conn, larity, wife of Hugh Knox, of Sandusky Co., Ohio. rilla Hurlbert, widow, of Springfield, Bedford Co., Pa. )ba (Abiah), wife of Uri Scott. [eon Kimberly had another brother, Philo, who was in York in 1798, but went to Canada about that time, and has pee been heard of DEED. lAiM Platt and Polly, his wife, to A.VID Kimberly, Junior. Dated 22d Dec, 1820. Ack. 22d Dec., 1820. Rec. 28th Dec, 1820. 148 Conveyances, 197. Consider'n, $3,000. NVEYS all one equal undivided ninth part and our share nterest, be the same more or less, of and in said nine s. DEED. Orrilla Hurlbert to avid Kimberly, Junior. Dated 29th Jan., 1821. Ack. 29th Jan., 1821. Rec. 6th Feb., 1821. 148 Conveyances, 307. Consideration, $2,500. NVEYS all the estate, right, title, interest, claim and demand ioever, both at law and equity, of, in or to said nine blocks. 4^6 THE SOMARINDYCK FARM. DEED. Hugh Knox a7id Charity, /ii's j Dated 25th June, 18 wz/r, { Proved 6th July, 182 to I Rec. 3d August, 182 David Kimberly, Junior. \ 154 Conveyances, 15 / Consideration, $2,50( Conveys all their estate, right, title, interest, claim and mand whatsoever, both at law and equity, of, in or to said r blocks. ♦ DEED. Joseph S. Merriam rt;/^ Susan, j Dated tSth Aug., 18: his wife, f Ack. i8th Aug,, 182 to I Rec. 27th Aug., 182 David Kimberly, Junior. \ 154 Conveyances, 21 / Consideration, $3,00( Conveys all their estate, right, title, interest, claim and mand whatsoever, both at law and equity, of, in or to said r blocks. NEW YORK SUPREME COURT. Uri Scott mid AmAU, his zvife, vs. David Kimberly, Junior, and{ others unknown. 1821 — July 14. Petition of Scott and wife, dated, asking fo partition, and claiming seisin of one-eigh BETWEEN EIGHTH AND NINTH AVENUES 457 -Dec. Term. Case tried before Ambrose Spencer, Judge, and a jury, on answer of David Kim- berly, Junior, claiming that Scott and wife were seised of one- ninth only. Jury find that Scott and wife were seized of one- eighth, David Kimberly of four-eigliths, and parties unknown of three-eighths. -Jan. Term. Judgment of partition entered. May Term. Commissioners report a sale necessary. July 15. Commissioners report of sale. Nov. 28. Judgment signed and roll filed at Albany. \ DEED. EMiAH LoTT, William W. i " HORNE and John Bryan, f Dated 20th Aug., 1823. omviissioiicrs of Partition, V Ack. 20th Aug., 1823. to I Rec. 9th Sept., 1823. )avid Kimberly, Junior. \ 170 Conveyances, 2. / Consideration, $6,290. ONVEYs Blocks Thirty-one, Thirty-two, Seven and g. \ DEED. \c Kimberly, one of the\ ■otJicrs and heirs of GideonA Dated 17th Sept., 1825, JMBERLY, > Ack. 17th Sept., 1825. to I Rec. 17th Sept., 1825. 3avid Kimberly, Junior. \ 197 Conveyances, 269. / Consideration, $2,000. ONVEYS all and singular the real estate of which the said eon Kimberly died, as aforesaid, or the proceeds thereof. 458 THE SOMARINDYCK FARM. GENERAL RELEAi WOLLASTON KiMBERLY, one of ^ the Brothers and heirs of GlT)- EON KiMBERLY, to David Kimberly, Junior. Releases all claims, &c. Dated 14th May, 18; Proved 27th May 18 Rec. 20th July, 1853. 648 Conveyances, 23 Consideration, $1. DEED. David Kimberly, one of ///rj Dated 28th Sept., 18 Brothers and heirs of GiDEOXf Ack. 28th Sept., i82( Kimberly, > Rec. 31st Sept., 185c to I 795 Conveyances, 47 David Kimberly, Junior. \ Consideration, an j nuity. Conveys all my right, title, share and interest in and to and singular the real estate of which the said Gideon Kimbe died seised as aforesaid or the proceeds thereof. The Blocks between 67TH and 69TH Streets. These were designated on the partition map as Blocks Ni ber 33 and gore O, and were set apart to Hyder Somarink; by partition deed set forth ante page 431. J MORTGAGE. To secure $2,000. Dated 14th April, 181 Ack. 14th April, 181: Rec. i6th April, 18 12 27 Mortgages, 412. Covers, with other property, also all that certain other 1 piece or parcel of land known and designated on the said m BETWEEN EIGHTH AND NINTH AVENUES. 459 umber Thirty-three — Bounded Northerly by land of Jacob sen, Easterly by lot number Thirty-four, Southerly by lot ber Thirty-two, and Westerly by lots numbers Twelve and :en. Containing nine acres and thirty perches. ;e same Liber, page 413, for release of dower from Sarah arindyke to the Eagle Fire Company of New York. • DEED. )ER SOMARINDYCK and Re-J Dated 1st Feb., 1817. iCCA M., his ivifc, ( Ack. 5th June, 18 17. to / Rec. 7th June, 1817. OHN A. Hardenbrook. \ 122 Conveyances, 132. /Consideration, $5,500. 3NVEYS said premises, with others. IN CHANCERY. Be/ore tJic Chancellor. ; Eagle Fire Company of ew York, vs. )er Somarindyck, John/' . Hardenbrook and JohnV . Talman. ] —April S. Bill filed to foreclose. 27 Mortgages, 412. May 29. Order //'(9 confesso vs. all defendants on default of appearance and answer. May 29. Order of reference to compute. June 6. Master reports $2,130.18 due. June 9. Judgment of foreclosure and sale. Aug. 26. Master's report of sale. —April 10. Decree enrolled. 460 THE SOIMARINDYCK FARM. ^ \ DEED. James A. Hamilton, Master in j Chanury, [ Dated 30th July, 181 > Ack. 31st July, 1 817. ^^ ( Rec. 1st Aug., 18 1 7. John Mullanphy. \ 122 Conveyances, 411 / Consideration, $920. Conveys said lot Thirty-three, by same description, as ra gage foreclosed. The said John Mullanphy died at St. Louis on 29th Augi 1833, leaving him sui'viving, Elizabeth Mullanphy, his wide and Bryan Mullanphy, Octavia, wife of Dennis Delany ; Eli wife' of James Clemens, Junior ; Jane Chambers, wife Charles Chambers; Catherine Graham, wife of Richard G ham ; Ann Biddle, the widow of Thomas Biddle, and M Mullanphy, who afterwards intermarried with William S. H ney, his only children and heirs at law. It is stated in the in the following suit that on the death of John Mullanphy will and three codicils were produced, but were afterwards stroyed, mislaid or lost ; that an attempt was thereafter made the County Court of the County of St. Louis, Missouri, to est lish the said will and two first codicils by the previously m; draft or copy thereof The said papers were rejected by County Court. On appeal to the Supreme Court of Missoi this decision was reversed and the papers admitted to prob as evidence of said will and two first codicils. The follow is a memorandum from said alleged will. Last Will and Testament / Dated 27th Feb., 183 of Proved at St. Loi John Mullanphy. \ Missouri. By the first seven clauses of his will testator bequeaths cert legacies and annuities, and devises certain real estate in Louis to John O. Fallon, Thomas Biddle and George Colli BETWEEN EIGHTH AND NINTH AVENUES. 461 St, to secure an annuity, which three persons, he declares, Iso the general trustees for the purposes of his will. By ighth and ninth clauses he devises all the residue of his , real and personal, to the said trustees, in trust, to pay the egacies'and annuities, and to hold the residue on the there- r mentioned trusts. By the tenth clause of his will he des that one-fourth thereof " is to be held by said trustees 16 use of my daughter, Jane Chambers, and her lawful This fourth I consider the portion of two children (as I had eight) ; but as I am sure it was and would have been itention of my deceased daughter Ellen to give her portion ; said Jane and her family, I now carry her presumed in- >n into effect. This undivided fourth my said trustees are inage, and receive the rents, issues and profits, and out of come to pay one thousand dollars annually to the said Jane ig her life for her sole and separate use ; and the residue of ncome derived from this fourth part is to be placed at sst, except a sufficient allowance out of it for the education r children, and is thus to accumulate until the marriage of aughters of said Jane respectively; and until her sons shall ;ctively arrive at the age of twenty-five years ; and when the ngency of marriage happens to a daughter, or the arrival e age of twenty-five years to a son, then the rateable pro- on of such accumulation as aforesaid shall be paid over to son or daughter ; and the rateable proportion of the annual me of one-fourth of my estate in this article appropriated is ; paid annually to such child so marrying or arriving at the xforesaid during his or her natural life, and, m case of his er death, is to go in fee to the right heirs of such child for- . And in case any of said Jane's children die not leaving ul issue, then such child's portion shall go to the surviving Iren of said Jane in the same manner and under the same lations as has already been provided as to their own es." 462 THE SOMARINDYCK FARM. By the eleventh clause of his will testator provides th " another undivided fourth part of the general mass of my pro erty conveyed to the trustees as aforesaid is to be held by the for the use of my son, Bryan Mullanphy, in the following ma ner : The trustees are directed to pay him the sum of one the sand dollars per annum out of the income thereof until he shi attain to the age of twenty-five years, to be paid in equal qua terly installments of two hundred and fifty dollars. The residi of the income derived from this fourth is to be placed at intere by the trustees, to accumulate until said Bryan shall be twent five years of age. At that period, if said trustees, or the su vivors or survivor of them, shall be of opinion that the condu of said Bryan is such as to warrant a reasonable belief that 1 will properly manage the. property and make good use of then the trust as to him shall cease, and the trustees shall a count to him for his fourth and its accumulations, and conv^ the same to him in fee." By the twelfth clause it is providd that out of said fourth devised for the benefit of his son Brya an annuity of $1,000 be paid to testator's daughter Octavi; who was about to enter a. convent, by said trustees, and by t son Bryan when he shall come to the ownership of the same. By the thirteenth clause of his will testator provides that " tl remaining half of the general mass of my property not yet di, posed of is to be held for the use and benefit of my daughtei Catharine Graham, Ann Biddle, Mary Mullanphy and Eli; Mullanphy, share and share alike, the two former to receii from the trustees their respective incomes as they arise ftoi their portions, to their sole and separate use during their IiV;j respectively. And I empower the said Catharine and the sa, Ann, each of them, by their respective last wills and testamenj ir^ writing, duly executed, to dispose of their respective shar under this will, and to bequeath and devise each of them inf I her eighth part of my estate herein devised to her use as slj pleases, absolutely ; and my trustees are instructed to act a BETWEEN EIGHTH AND NINTH AVENUES. 463 ingly, and to convey their respective portions in conformity the directions of such vv^ills. And my daughters Mary Eliza are eacli to receive from the trustees, out of the in- ;s of their respective portions, annually, a reasonable sum leir support while unmarried, and the residue of the income ich share be placed at interest until their respective mar- s ; and whenever either of them shall marry, the trustees pay over to her any accumulations on her eighth that may le, and thereafter shall annually pay to her the whole mt of the income fi'om her eighth part. If either of my hters Mary and Eliza shall die before marriage, and with- awful issue, the portion of such daughter deceased shall that time be held by such trustees for my other children as dy provided, and is considered as disposed of in the pro- is hereinbefore inserted. And in case they marry, they espectively, by their last will, dispose of their portion in nd my trustees will act accordingly. the fourteenth clause of his will he bequeathes his wife an ty of $1,000 in lieu of dower. the eighteenth clause ot his will he provides that "if ' of my four daughters mentioned in the thirteenth article die leaving lawful issue, and without disposing of the por- n this will, provided for her as herein authorized, the same go to her children in fee simple ; and if she leave no 1 issue, the same shall go in fee to her lawful heirs." codicil, dated 33d November, 1S31, testator provides, gst other things, as follows : " I likewise revoke and annul eventh section of said will, which ccnitains certain bequests ^an Mullanphy, and also all the twelfth section, except so thereof as relates to an annuity to my daughter Octavia, 1 is to be paid and secured on the lot as therein stated, and •operty and portion given fo my son Bryan, or his use in leventh section, is to be held by the trustees to the general 3f said will as if said eleventh section had never been 464 THE SOMARINDYCK FARM. I At the time of the commencement of the following partition si Jane Chambers had ten children, Ellen Chambers, John Char bers, Owen Chambers, Margaret Chambers, Jane Chamber Eliza Chambers, Ann Chambers, Mary Chambers, Thorn Chambers and Bartholomew Chambers, the last two of who ■1 were born after the death of testator. IN CHANCERY, Elizabeth Mullanphv, Bryan MuLLANPHY, Dennis De- LANY and OCTAVIA, his wife, and James Clemens, Junior, and Eliza, Jiis zvife, vs. Charles Chambers and Jane, his zvife; RiCHARD GRAHAM and Catharine, his zvife; Ann Biddle, William S. Harney and Mary, his wife ; John O. Fallon, Ellen Chambers, John Chambers, Owen Chambers, Margaret Chambers, Jane Chambers, Junior, ELIZA Chambers, Ann Chambers, Mary Chambers, Thomas Cham- bers and Bartholomew Chambers. 1S40 — July 10. Bill for partition verified. Sets up tl will of John Mullanphy was not proves cording to the laws of the State of N 1846, ■ast Will and Testament i in Probate Court at of \ St. Louis. Ann Biddle. \ ^^c. New York Surro- gate's Office. 188 Wills, 76. er devising certain real estate to Louis G. Picot, in trust, rovides as follows : " I also give and devise unto the said e and his heirs, to the same uses, all my lands, estate, title and interest, claim and demand, real and personal, ssession and expectancy, in, of, and to which I am seised, ssed and entitled in the State of New York, parcel of 466 THE SOMARINDYCK FARM. which is my share and portion of the estate of my father, t\ said John Mullanphy, in the City of New York. To have an to hold all the foregoing described real and personal propert and all other things given and devised to said trustee and heir to the use of my sister, Mary Harney, to be enjoyed by hi separate and apart from her husband during her natural lif and from and after her death to the use of all and every tl child and children of my said sister, Mary Harney, then livin] and the issue of all and every such child or children that trn have died, and of the heiis and assigns of such child or childn and their issue forever, said children to share equally as tenan in common, and the issue of any deceased child to take a chile portion ; and in case my said sister, Mary Harney, should lea no issue at the time of her death, then to the use of my ow right heirs forever." Mary Harney, at the time of the death of said testatrix, ht three children living, viz., Ann B. Harney, Eliza Harney ai John Harney. IN CHANCERY. James Clemens, Junior, and' Eliza, /its wife, vs. Bryan Mullanphy, Octaviaj Delany, Charles Cham- bers and Jane, Jiis wife ; Richard Graham and Cath- arine, his wife ; WiLLIAM S. Harney and Mary, his wife ; Louis G. Picot, Ann B. Harney, Eliza Harney atid John Harney. / BETWEEN EIGHTH AND NINTH AVENUES. 467 -June II. Bill of revivor and supplement filed, setting up the decree in previous suit and the deaths of the parties thereto, and the will of Ann Biddle, and asking for partition, &c. Sept. 27. Ordered that an order that the defendants (all of whora resided at Missouri) appear and answer within forty days be published in the State paper and The New York Commercial Advertiser once a week for three weeks. -Feb. 9. Order ^ro conjesso vs. all defendants on proof of publication and of no appearance. May 19. Order appointing James Connor guardian ad litem of Ann B. Harney, Eliza Harney amd John Harney non-residint infants on peti- tion of complainants. -March 8. Order pro confesso vs. Henry Boyce and Octavia, his wife (formerly Octavia De- lany), residents of Louisiana, on proof of publication and of no appearance. May 4. Order of reference to Aaron Vanderpool on title, &c. -April I. Referee's report filed. April I. Decree of partition entered. Nov. 29. Report of Commissioners filed. Nov. 29. Final decree in partition. le Commissioners caused a map to be made of the premises, h is on file in Register's office in case number 523. They part to Octavia Boyce lots marked A and numbered i to 16 lid map ; to Eliza Clemens lots marked B and numbered 31 on said map ; to Mary Harney lots marked C and num- 468 THE SOMARINDYCK FARM. bered 32 to 45 on said map ; to Jane Chambers lots marked I and numbered 49 to 64 on said map ; to Louis G. Picot loi> marked E, and numbered 46 to 48, 88 to 99, 115 to 119; t Bryan Mullanphy lots marked F, and numbered 69 to 72, 81 t, 87, 100, loi, 108 to 114; to Catherine Graham lots marked G and numbered 65 to 68, 73 to 80, 102 to 107 on said map. The validity of the above partition w^as upheld in decisior rendered in Clemens vs. Clemens, and reported in 37 Nev York, 59. CO u *.yCi*»M '«..A^U i^,i^ W* ^>-<« JiM s? ^ BE VwCCN OMIOih AVll'S AVC. I 9 L — t.^ — \ ! < k ~' t- > ^ ; (O 1 , 1 ' V "- J ' - «~.-^ TV- ' I-- H -~^>-^ — - r^-n^i ^ ,{■ i k ^ 'i'i"' '^ — *«.- 1^' inlr'^'t-1 N 1- - -•'•,. Ui--"*- »• "3 > T> a 3 • ^ *. ■ -,-, 1 €.: ^X1 i i ^ >^ AVC. 470 THE SOMARINDYCK FARM ,. E- \ ASSIGNMENT. Joseph Dederer, acting Ex- I m//^r ^/AiiASUERUS Turk, / r^ ^ , ~ „ ^ ■^ f Dated 3d Jan., 1816. rr. ^r A > Proved 13th Feb., 18:' The Mayor, Aldermen and/ .-^ . . ' ^ ^ ^ I Rec. 14th Mar., 18 16. Commonalty of the CityV ^^ \ -.-r ^T 1 34 Mortgages, 404. OF New York. W7 ., ^ ° V , /Considcrat n, $4,223.1 Assigns above mortgage and all interest in the mortgag premises. , \ DEED William A. HARDENBROOKrrw^j Margaret, /ns wife, / t^ . , , r or' -^ I Dated 2d Jan., 1816. , to I ./ » ' ^ .. A > Ack. 3d Jan., 18 16. The Mayor, Aldermen and^ „ ., t o ^ ' _ ^ I Rec. 5th Jan., 1810. Commonalty of the CityI / •' ' nr Nfw Vopk 1 ^^^ Conveyances, ii;„ Ot i> E W YORK. 1 ^ ., . dn- o/; / Considerat n, $5,8d9.< Conveys, with others, said Lot 22, and lot designated by t' figure 5. DEED. The Mayor, Aldermen and Commonalty of the City f Dated 30th Mar., 18 ii of New York > Proved i6th April, 18 to I Rec. 1 6th April, 18 18. David Cargill. 1 127 Conveyances, 289 IConsidcrat'n, $2,658.3 Conveys said two blocks designated by the number 22 a the figure 5. , Last Will and Testament / Dated 21st May, 184c of > Proved 3d Aug., 184c David Cargill. I 81 Wills, 363. Item. To my son, Thomas S. Cargill, I give, devise and 1, queath (first describing Block 21); also all that certain pie( BETWEEN NINTH AND TENTH AVENUES. 47 1 eel or plot of ground known on said map as number five ). 5). Bounded on the North by the centre of Fifty-eighth eet, Easterly by the Ninth Avenue, Southerly by land now^ )nging to Sarah Stakes, and westerly by the Tenth Avenue * * to him, my said son, Thomas S. Cargill, of each and ry of said last mentioned and described premises, his heirs assigns, in fee simple, forever, subject to an annuity of $300 annum, payable yearly during the joint lives of William ■gill and his wife Abigail to said William, and if his wife gail survive him, $150 during her life, annually, as afore- l_ * * * Item : I authorize and empower my executors ell from time to time, and at all times, any part of my real te, and to give good and sufficient deeds of conveyance efor to any and all purchasers thereof in fee simple. He oints Thomas S. Cargill, Henry A. Ten Brook and William lunt his executors. letters Testamentary were granted to all three on 3d August, 0. See Liber 5, Letters Testamentary, page 83. DEED. OMAS S. Cargill mid Har- I Dated 28th Dec. 1842. RIET M., /lis wife, f Ack. 27th Dec, 1842. to f Reg. 29th Dec, 1842. Henry Young. \43I Conveyances, 381. / Considerat'n, $2,444.88. ONVEYS, with other property, also all" that certain piece, ;el or plot of ground known on said map as Number Five .5). Bounded on the Noi'th by the centre of Fifty-eighth et, Easterly by the Ninth Avenue, Southerly bv land now or y belonging to Sarah Stakes, and Westerly by the Tenth nue. ubject to a mortgage to Robert Lennox, since discharged. -I 472 THE SOMARINDYCK FARM. Thomas S. Cargh.l, Henry A. Ten Broeck and William S. Hunt, Executors ^?/ David Cargill, to Henry Young. DEED. Dated 27th Dec, 184 j Ack. 27th Dec, 1842.1 Rec 29th Dec, 1842.: 431 Conveyances, 379 'Consideration, $10. I Recites the previous deed, discharges said premises from t operation of the power of sale given them by will of Da\ Cargill, and to the extent of their power ratifies and confirms t preceding conveyances, and releases and quit claims the prei ises. This deed is not executed by Henry A. Ten Broeck. DEED. Henry Young and Ann M., his wife, to Thomas S. Cargill. Conveys same premises. Thomas S. ^Cargill to David Cargill. Dated 12th July, 1845 Ack. 1 2th July, 1845. Rec. 24th July, 1845. 466 Conveyances, 132. Considerat'n, $2,786.31 DEED. I Dated 6th March, 184: Ack. 6th March, 1848. Rec nth March, 1848 502 Conveyances, 345. Consideration, $6,ocx). Conveys all those forty-one lots, pieces or parcels of Ian situate, lying and being in the Twelfth Ward of the City of Ne\ York, which, taken together as one parcel, are known and dii BETWEEN NINTH AND TENTH AVENUES. 47- uished on a certain map entitled : Map of property belonging David Cargill, situate in the Twelfth Ward of the City of V York, surveyed February 34th, 1840, by Joseph F. Iges, City Surveyor, as Block Number Five, and as Lots iber one to forty-one, both inclusive, and which, taken ther, are bounded as follows : Beginning at a point on the sterly side of the Ninth Avenue, distant 37 feet and 4 inches therly from the Northwesterly corner of Ninth Avenue and ^-seventh Street ; running thence Northerly along the said sterly line of Ninth Avenue 173 feet and 4 inches to the therly line of Fifty-eighth Street ; thence Westerly along the Southerly line of Fifty-eighth Street 800 feet to the Easterly of Tenth Avenue ; thence Southerly along the said Easterly of Tenth Avenue 81 feet and 6 inches to land now or late Jarah Stakes ; thence Southeasterly along the land of the Sarah Stakes to the place of beginning. DEED. David Cargill to Oliver J. Noyes. Dated 19th June, 1848. Ack. 19th June, 1848. Rec. i6th Sept., 1848. 504 Conveyances, 365. j Consideration, $200. ONVEYS same premises. DEED. VER J. NoYES a7id Hannah, j Dated 7th Nov., 1850. is zvife. to Robert Schell. Ack. 9th Nov., 1850. Rec. i6th Nov., 1850. 549 Conveyances, 528. Consideration, $16,000. ONVEYS same premises. 474 THE SOMARINDYCK FARM. \ DEED. Thomas S. Cargill ^-//^ Har- j RIET M., his tvife ; David Car-T Dated 7th Nov., 1850. 0\\A.and Develia L., his zvife,\ Ack. 7th Nov., 1850. to t Rec. 19th Nov., 1850. Robert Schell. 1556 Conveyances, 313. /Consideration, $10. \ DEED. Robert Schell and Mary S., i " his wife, f Dated 31st March, 185c to V Ack. 1st April, 1859. Louis S. Fellows rtz/c/ Edward I Rec. ist April, 1859. Schell. \777 Conveyances, 365, /Consideration, $10. Conveys same premises. Conveys all the two undivided third parts of same premises Louis S. Fellows and Emily, \ his wife; ROBERT SCHELL i DEED. and Mary S., his wife ; Ed-/ ,. ^ , ,, , c^ , T X f Dated 17th Jan., 1863. ward Schell and Jane L.,1 . , ' -^ _^ ,- -r ' > Ack. 23d Jan, 1863. his zvife, / „ 0.1 T o^ •' ' I Rec. 28th Jan., 1863. ^ _ _ ,1 863 Conveyances, 479. Charles Corey Taber and 1^ ., ;. ^so ,, ^ 1 Consideration, $82,000. Henry M. Taber. Conveys same premises. The Block between 58TH and 59TH Streets. ' This block is now vested in The Roosevelt Hospital. As the premises will probably be occupied permanently by that institu- tion, the title thereto is not set out in detail. :feETWEEN NINTH AND TENTH AVENUES. 4/5 The Block between 59TH and 6oth Streets. rhis block is designated on the partition map bythe number and was set apart, with lot 20 and others, to George W. narindyck, by partition deed, ante page 431. ^he title to block 21 together with block 20 and others until ted in Gideon Kimberly is shown ante pages 453 and 454. DEED. \ Dated nth May, 18 19. Gideon Kimberly / Ack. 12th May, 1819. to \ Rec. 1 2th May, 18 19. David Cargill. \ 136 Conveyances, 144. Consideration, $3,500. i; loNVKYS said blocks number Twenty and Twenty-one. Last Will and Testament /Dated 21st May, 1840. of \ Proved 3d Aug., 1840. David Cargill. Ui Wills, 363. Item. To my son, Thomas S. Cargill, I give, devise and ueath all that certain piece, parcel or plot of land situate, g and being in the Twelfth Ward of the City of New k, bounded on the North by the centre of Sixtieth street, terly by the centre of the Ninth avenue. Southerly by the :re of Fifty-ninth street, and Westerly by the Tenth avenue, known as block Number Twenty-one (21) of the said lerindyck's farm on the said map, to him my said son, Thomas ^argill, of each and every of said last mentioned and described nises, his heirs and assigns in fee simple forever, subject to nnuity of three hundred dollars per annum, payable yearly ng the joint lives of William Cargill and his wife Abigail, lid William, and if his wife survive him, one hundred and dollars during her life annually as aforesaid. * * * » : I authorize and empower my Executors to sell from 476 THE SOMARINDYCK FARM, time to time and at all times any part of my real estate and give good and sufficient deeds of conveyance therefor to ar and all purchasers thereof in fee simple." He appoints Thorn S. Cargill, Henry A. Ten Brook and William S. Hunt, h Executors. Letters Testamentary were granted to all three on 3d Auguj 1S40. In Liber 5 Letters Testamentary, page 83. DEED. Thomas S. Carcull and Har- riet M., his luifc, to Henry Young. Dated 28th Dec. i842 Ack. 27th Dec, 1842. Rec. 29th Dec. 1842. 1 1 431 Conveyances, 381 Considerati'n, $2,444.5 Conveys, with other property, said block Twenty-one. Thomas S. Car(;ill, Henry A. Ten Broeck and William S. Hunt, Executors of David' Cargill, to Henry Young. DEED. Dated 27th Dec. 1842 Ack. 27th Dec. 1842. Rec. 29th Dec. 1842. 1431 Conveyances, 379; (Consideration, $10. Recites the previous deed and releases the premises from t power of sale in will of Daniel Cargill, and to the extent said power conveys said premises. DEED. Henry Young a7id Ann his wifc\ to Thomas S. Cargill. M. Dated 12th July, 184.' Ack. 1 2th July, 1845. Rec. 24th July, 1845. , 466 Conveyances, 132 1 Considerati'n, $2,786.3.1 (."oNVEYs same prcmi.scs. liETWEEN NINTH AND TENTH AVENUES. 47^ \ DEED. iMAS S. Cak(;ill and Wil- j AM S. Huxi, survivmo^Kv-r Bated ist May, 1846. '^tors ^;/ David Cargill, \ Ack. ist May, 1846. /o I Rec. 26th May, 1846. Eugene Bogart. ) 476 Conveyances, 268. / Consideration, $1. )NVKYS all that certain plot, piece or parcel of land situate, I and being in the Twelfth Ward of the City of New York, nning at the Northeasterly corner of the Tenth avenue and -ninth street, thence running Easterly along the North- rly line of Fifty-ninth street aforesaid Four hundred feet to int equidistant between the Ninth and Tenth avenues, thence herly and parallel with the said avenues two hundred feet ; inches to the South side of Sixtieth street, thence Westerly y the South side of Sixtieth street aforesaid four hundred :o the Easterly line of the said Tenth Avenue, and thence herly along the said Easterly line of the Tenth avenue Two Ired feet eight inches to the place of beginning. DEED. IMAS S. Car(;ill and HAR-i Dated 21st April, 1846. ET M., /lis zvi/e, f Ack. 21st April, 1846. to J Rec. 26th May, 1846. Eugene Bogart. 1476 Conveyances, 269. / Consideration, $12,400. JNVEVS same premises. Last Will and Testament /Dated 22d Oct., 1853. of ) Proved 2d Dec, 1853. Eugene Bogart. 1 108 Wills, 360. Y jstator devises all residue of his estate (which includes the liscs) to his Executors, in trust, to receive rents and profits 478 The SOMARINDVCk FARM. and apply the same to the use of his wife during her nati life, and on her death divide the same into as many equal p; as she shall have children, the issue of a deceased child rej senting its parent. One of such shares is to be paid to testat son, Eugene, or to his issue if he do not survive his wife, am his sisters in default of issue. Tiie trustees are to pay the come of one of such shares to each of testator's daughters c ing her life, and on her death leaving issue, divide the sa among such issue, and in default of issue among her brot and sisters surviving. " And I hereby authorize and direct . Executrix and Executors, as soon as they deem it prudent } discreet so to do, to sell all my real estate at public or priv sale, and the proceeds to invest on bond and mortgage on i estate in the City of New York, or in the public stocks of United States, or of the State of New York." He appoints wife, Eliza Ann, and Edwin Hoyt and Edgar S. Van Winl his Executors, Letters Testamentary were granted to all three on 17th f 20th December, 1853. See Liber 11 Letters Testamenta pages 311 and 313. The Easterly half of the block is now owned by "1 Paulist Fathers," and a church edifice is being erected thert by them. As the premises will thus probably be permanen withheld from the market, the title thereto is not set out detail. jTiTLE TO Br.ocK Between 6oth and 61 st Street This is designated on tlie partition map by the number : and was vested in David Cargill, as shown ante page 475. BETWEEN NINTH AND TENTH AVENUES. 479 \ast Will and Testameftt I Dated 2i.st May, 1840. (;/" \ Proved 3d Aug., 1840. David Cakc;ili,. Isi Wills, 363. em : I give, devise and bequeath unto Thomas S. Cargill, y A. Tenbrook and W^illiam S. Hunt, above named, all :ertain piece, parcel or plot of ground situate, lying and in the Twelfth Ward of said City, hounded as follows : e North or Northerly by the centre of Sixty first street, fly by the centre of the Ninth avenue. Southerly by the of Sixtieth street, Westerly by the centre of the Tenth e, and known on said map of said Somerindyke's Estate ; as aforesaid as number twenty (20), Together witli the ng house, edifices and hereditaments thereon being or ap- ning, to be held in trust by the said trustees to and for the al uses ant! trusts as follows, to apply the neat proceeds rents, issues and profits arising and accruing from said entioned premises to the use and benefit of my daughter , Mary Payson Cargill, for and during the same trusts my said trustees, are to apply the neat proceeds of the issues and profits of the house and lot Number One hun- nd fifty-three (153) Crosby street, for and during my said ter-in-law's life. * * * The said last above described ses shall descend to and go to the children of my said son, A. Cargill, according to the laws of the State of New governing and disposing of real estate as if the said Henry rgill had died seised of the same intestate." * * * : I authorize and empower my Executors to sell from ) time and at all times any part of my real estate and to ood and sufficient deeds of conveyance theieforto any and •chasers thereof in fee simple." He appoints Thomas S. 48o THE SOMARINDYCK FARM. Cargill, Henry A. Ten Brook and William S. Hunt his I ecutors. Letters Testamentary were granted to all three Executors 3d August, 1S40. See Liber 5 Letters Testamentary, page ' ] \ DEED. Thomas S. Cargill and Wn.- J LIAM S. Hunt, surviving E.v-f Dated 31st March, i8( editors (j/Davh) CARGn.L, > Ack. 31st March, i86( to t Rec. 31st March, i860 Algernon S. Jarvis, 1807 Conveyances, 498 /Consideration, $135,01 Conveys said block Number Twenty. DEED. Henry A. Cargill and Mary J Payson, his wife, Richmond /Dated 31st March, 18 L. Phillips and Henrietta[ ^^k. 31st March, \%i Augusta, his wife, 1 ^^c. 31st March, 186 ^^ y S07 Conveyances, 49( Algernon S. Jarvis. > Consideration, $i. Conveys same premises. Title to Block between 6ist and 62D Street This block is designated on the partition map by the Num 19, and was set apart with blocks 18 and others, to Hy Somarindyck by partition deed set forth ante page 431. BETWEEN NINTH AND TENTH AVENUES. DEED. 481 ^DER SOMARINDYCK, and Rebecca M., Jiis zvijfe, to David Cargill. Dated 4th Nov. 1815. Ack. 7th Nov., 1 81 5. Reg. 13th Nov., 1815. 113 Conveyances, 50. Consideration, $4, 11 8. NVEYS all that certain tract, piece or parcel of land reof John Somarindyck, deceased, late father of the said r Somarindyck, was seised in fee simple at the time of his se) situate, lying and being in the Ninth Ward of the City ;w York, bounded Northw^esterly by the Tenth avenue, leasterly by the middle of the Ninth avenue. Southwesterly ; middle of Sixty-first street, and Northeasterly by Sixty- street, containing Ten acres and seven perches. :orded immediately after the above deed at page 53, is a e of dower from Sarah Somarindyck. ast Will and Testament of David Cargill. Dated 21 May, 1840. Proved 3d Aug., 1840. 81 Wills, 363. :em : I give and bequeath to my son David Cargill, Junior, * * also all that certain piece, parcel or plot of ground e in the Twelfth Ward of said City ; Bounded Northerly 3 centre of Sixty-second street, Easterly by the centre of inth avenue. Southerly by the centre of Sixty-first street and jrly by the centre of the Tenth avenue, being the piece or >f said Somarindyck's estate as Number nineteen (No. 19). * Item : T authorize and empower my Executors to sell time to time and at all times any^part of my real estate, and e good and sufficient deeds of conveyance therefor to any 482 THE SOMARINDYCK FARM. and all purchasers thereof in fee simple." * * * He appoii Thomas S. Cargill, Henry A. Ten Brook and William S. Hui his Executors. Letters Testamentary were granted to all three Executors 1 3d August, 1840. See Liber 5 Letters Testamentary, page 83 DEED. David Cargili, and Develia J Dated 28th April, 18. L., his zvife, f Proved 2d May, 1846. to ( Rec. 1 8th June, 1846. Chauncey Bush. \ 475 Conveyances, 472 '_ J Consideration, $6,000. Conveys all those twenty lots, pieces or parcels of land sit ate, lying and being in the City, County and State of New Yoi and in the Twelfth Ward of said City, which taken together i, bounded, contain and are described as follows: Beginning the Northeasterly corner of the Tenth avenue and Sixty-fi street, running thence Northerly or nearly so along the Eastei side of the said Tenth avenue two hundred feet eight inches the Southeasterly corner of said avenue and Sixty-second stre( thence Easterly or nearly so along the Southerly side of Six second street aforesaid two hundred and fifty feet ; ther Southerlv or nearly so on a line parallel with the said Tei avenue two hundred and fifty feet distant therefrom, two hi (hed feet and eight inches to the Northerly side of Sixty-fi street aforesaid ; thence Westerly or nearly so along said Nor erly side of Sixty-first street two hundred and fifty feet to I said Northeasterly corner of the Tenth avenue and Sixty-fi street, the place of beginning. The above deed was acknowledged on 29th September, iS- and recorded in Liber 4S5 Conveyances, page 20, on isti cember, 1846. BETWEEN NINTH AND TENTH AVENUES. 48- Chauncey Bush, to John N. Genin. DEED. Dated 19th July, 1848. Ack. 19th July, 1848. Rec. 2 1 St July, 1848. 504 Conveyances, 237. Consideration, $1,800. )NVKYS same premises. N N. Genin and Mary Jane, Ids zvife, to Daniel D. Nash. DEED. 'Dated 31st July 1848. Ack. 1st Aug., 1848. Rec. 3d Aug., 1848. 1510 Conveyances, 79. Consideration, $4,000. )NVEYS same premises. riEL D. Nash and Catha- rine, P., Jiis wife, to ohn Mortimer, Junior. MORTGAGE. 'To secure $8,000. Dated 15th Oct., i860. Ack. i6th Oct., i860. Rec. 17th Oct., i860. '631 Mortgages, 451. Daniel D. Nash. to Ezra Gould. DEED. Dated 20th Nov., 1861. Ack. 23d Nov., 1 861. Rec. 9th July, 1863. 877 Conveyances, 504. Consideration, $20,000. NVEYS same premises, subject to above mortgage. 484 THE SOMARINDYCK FARM. N. Y. SUPREME COURT. ■ ^ John Mortimer, Junior, Plaintiff, vs. Daniel D. Nash and Catha- rine P., his wife ; CHARLtS W. Alcott, John Emmons, Junior, GEORGE S. Stitt, Eli M. RoBBiNS, The Manufac- \ TURERS Bank of Brooklyn Edwin Curtis, Joseph Ba- ker, William B. Scott, Richard C. W. Moore, George E. Royce, Gershom N. Hard, Emery E. Childs, and Peter B. Acker. 1863 — February 10. Complaint filed to foreclose. 631 M( gages 451. April I. Daniel D. Nash appears- by W. H. a S. P. Bell, and anwers. April 8. Catharine P. Nash appears by James Stevenson. February 7. All the other defendants appear and wa service of all notices except that of s and surplus. June 22. Judgment of foreclosure and sale. 1864 — December 17. Sheriff's report of sale filed, showing s to various purchasers. BETWEEN NINTH AND TENTH AVENUES. DEED. 485 David Cargill to Henry A. Cargill. ~ '\ Dated 19th June, 1848. / Ack. 19th June, 1848. \ Rec. 19th June, i848. V 508 Conveyances, 103. j Consideration, $275. ONVEYS all these certain forty-four (44) lots, pieces or par- of land situate, lying and being in the Twelfth Ward of the ■ of New York, which said lots of land are known and dis- uished on a certain map of property belonging to David gill, situated in the Twelfth Ward of the City of New York, •^eyed February 24th, 1840, by Joseph F. Bridges, City Sur- Dr, as a portion or part of Block or parcel number Nineteen I and by the lot numbers Two hundred and forty-four (244) Two hundred and eighty-seven (287) both inclusive ; nded on the North by Sixty-second street, on the East by Ninth Avenue, on South by Sixty- first street, and on the St by lots numbered on said map Two hundred and forty- e (243) and Two hundred and eighty-eight (2S8). \ DEED. NRY A. Cargill and Mary j '., his zvife; David Cargill^ Dated 25th July, 1849. ;2(^ Develia L., his zvife, \ Ack. 30th Aug., 1849. to I Rec. 1 2th Sept., 1849. Edward Schell. ) 526 Conveyances, 377. / Consideration, $14,080. ONVEYS same premises. OMAS S. Cargill and Wil- lAM S. Hunt, surviving Ex- :utors of David Cargill, to Edward Schell. DEED. Dated 25th July, 1849. Ack. 31st Aug., 1849. Rec. 1 2th Sept., 1849. 526 Conveyances, 379. Consideration, $10. ONVEYS same premises. 486 THE SOMARINDYCK FARM. DEED. Edward Schell and Jane L., \ Dated 14th March, 185 his luifc, { Ack. 15th March, 185 to } Rec. 26th March, 185' Peter Van Zandt Lane. \ 540 Conveyances, 64. Consideration, $7,040. Conveys all the one undivided half part of same premisi subject to mortgage recorded in 340 mortgages, 392, since d charged. DEED. Dated 26th March, 185 Peter Van Zandt Lane, i Ack. 26th March, 185 to > Rec. 26th March, 1 85 Edward Schell. \ 779 Conveyances, 244 Consideration, $10. Conveys all the one undivided half part of same premises DEED. Edward Schell and Jane L., j Dated 26th March, 185 /its %vife, f Ack. ist April, 1859. to } Rec. 2d April, 1859. Peter Van Zandt Lane. \ 778 Conveyances, 254 / Consideration, $10. Conveys all the one undivided half part of same premise subject to the payment of one-half the mortgages thereon. DEED. Dated 8th July, 1862.! Peter Van Zandt Lane, 7 Ack. 9th July, 1862. ; to > Rec. 6th Aug, 1 862. Edward Schell. \ 852 Conveyances, 646. Consideration, $1. CoNYEYS all the equal undivided half part of same premise BETWEEN NINTH AND TENTH AVENUES. 487 TLE TO Block between 62D and 63D Streets, lis was designated on the partition map as block Number and as shown ante page 4S1, became vested in David qll. 'MSt Will and Testament /Dated 2ist May, 1840. of \ Proved 3d Aug., 1840. David Cargill. Vsi Wills, 363. ;m : I give, devise and bequeath unto Thomas S. Cargill, ry A. Tenbrook and William S. Hunt, all of the City of ^ York ; also all that certain piece or parcel or plot of situate in the Twelfth Ward of the City of New York, ided on the North by the centre of Sixty-third Street, on the by the centre of the Ninth Avenue, on the South by the re of Sixty-second Street, and on the West by the centre of Penth Avenue, and known on a map of the estate of the late I Somarindyke's Farm, as now on file in the office of the ister of the City and County of New York, as number iteen (i8), as by a reference thereto will appear.^ To have to hold to said Thomas S. Cargill, Henry A. Tenbrook William S. Hunt, and to the survivors or survivor of 1, for and to the special uses and trusts herein and hereby ted of and concerning the same ; that is to say, to have, , occupy and possess the last above described premises for during the natural life of my daughter, Jane M. Sturges? to apply and dispose of the neat , proceeds of the rents, ;s and profits thereof, for the use or benefit of my said jhter, in such manner and way as shall protect my said utors and be lawful for them to do, and not be liable for the s, contracts or engagements of her present or any future 488 THE SOMARINDYCK FARM. husband, or to be in any manner under his control. Item: authorize and empower my executors to sell from time to tim and at all times, any part of my real estate, and to give goc and sufficient deeds of conveyance therefor to any and all pu chasers thereof in fee simple. * * All the rest, residue ar remainder of my estate, both real and personal, whatsoever ( wheresoever, I give, devise and bequeath unto my executors i trust, to divide and dispose of the same to and amongst m children and daughter-in-law as above named and as hereinb fore named, and to and for the same estates, uses, limitation conditions and trusts as the same are devised to them severall and respectively. He appoints Thomas S. Cargill, Henry I Ten Brook and William S. Hunt his executors. Letters testamentary were granted to all three executors*o 3d August, 1S40. In Liber 5, Letters Testamentary, page 83. On 3Sth January, 1842, a Mil was filed in the Court ( Chancery, by the children of Jane M. Sturges, against the e: ecutors of David Cargill, his heirs at-law and the children ( Henry A. Cargill, asking for a decree holding that the con plainants were entitled to a remainder in fee in the block i question. The bill asserts that a provision for such remaindt 'was, according to the direction of the testator, inserted in tli draft of said will submitted to him, but was, by inadvertence i engrossing, omitted from the copy signed by him. On 251 March, 1844, a decree was entered in said action, holding th£ upon the death of Jane M. Sturges the remainder in fee i said propert}'^ would vest in her children then living and in th descendants of such as were then deceased, the same as if sh had died intestate seise^ of said block. Meanwhile the follow ing deed had been made by Thomas S. Cargill of his interei as heir-at-law and residuary devisee. BETWEEN NINTH AND TENTH AVENUES. 489 DEED. MAS S. Cargill and Har- j Dated 28th Dec, 1842. RIET M., h's wife, [ Ack. 27th Dec, 1842. to / Rec 29th Dec, 1842. Henry Young. \43i Conveyances, 381. ^ / Considerat'n, $2,444.88. NVEYS, with other property, and also all the share, pro- )n, right, title, estate and interest of the said Thomas S. II, as one of the devisees or heirs of his late father, the said I Cargill. deceased, or as one of the heirs of his late er, Edward Cargill, deceased, or otherwise howsoever of, to all the lands and estate situate, lying and being in the fth Ward of the City of New York, at Bloomingdale, con- g about thirty-four acres, more or less, which were of the )avid Cargill, deceased, at the time of his death. And II the share, proportion, right, title, estate and interest of aid Thomas S. Cargill of, in, or to the rest, residue and nder of the estate, both real and personal, whatsoever or ;soever, of the said David Cargill, deceased, by him, in y his said last will and testament, given, devised and be- hed unto his executors, in trust, to divide and dispose of me to and amongst his children and daughters-in-law as, 1 by said will provided. DEED. ^Y Young «;z^ Ann M., Ms j Dated 12th July, 1845. tvi/e, f Ack. I2th July, 1845. fo /Rec. 24th July, 1845. Thomas S. Cargill. 1466 Conveyances, 132. /Considerat'n, $2,786.36. ^IVEYS same interest in same estate. action was commenced by Jane M. Sturges and her chil- against the executors of David Cargill, for a decree direct- 490 THE SOMARINDYCK FARM. ing sale of part of block in question. On 3d May, 1S51, tli referee's report in favor of such sale was confirmed. Jane lA Sturges, her husband and children thereupon sold to Job Miller the two lots on corner of Sixty-second Street and Nint! Avenue, by deed recorded in 656 Conveyances, 153, and i Margaret Stephens the six remaining lots on the Ninth Avenu and the four adjoining lots on Sixty-third Street, by deed re corded in 66^ Conveyances, 425. The residue of the block wa disposed of as follows : LEASE. William S. Hunt ajid Thomas j S. Cargill, Exceptors of I Dated 2d Oct., 1854. David Cargill, \ Proved 2d Oct. 1854. to I Rec. loth Oct., 1854. Frederick A. Coe. A 673 Conveyances, 538 / Yearly Rent, $1,040. Leases all those certain fifty-two lots, pieces or parcels o land situate, lying and being in the City of New York, betweer the Ninth and Tenth Avenues and Sixty-second and Sixty-thin Streets, in said City, which fifty-two lots, taken together, are bounded and described as follows: Beginning at a point on the Northerly side of Sixty-second Street, and distant one hundred feet Westerly from the Westerly side of the Ninth Avenue, and running thence Northerly and parallel with Ninth Avenue a distance of one hundred feet and five inches, or half the block in depth, and thence Westerly and parallel with Sixty-second Street and equi-distant between the same and Sixty-third Street a distance of one hundred feet ; thence Northerly and parallel with Ninth Avenue a distance of one hundred feet and five inches, or half the block to the Southerly line of Sixty-third Street to a point in said Southerly line distant two hundred feet Westerly from the Westerly line of the Ninth Avenue ; thence Westerly along said Southerly line of said Sixty-third Street six hundred feet to the Easterly side of Tenth Avenue ; thence BETWEEN NINTH AND TENTH AVENUES. 491 herly along the Easterly line of Tenth Avenue two hundred four inches to the Northerly side of Sixty-second Street jsaid ; thence Easterly along the Northerly side of said ^-second Street seven hundred feet to the place or point of ming, being a portion of land late of David Gargill, de- id. Habendum for fifty years from 2d October, 1S54. le rent is made payable to Jane M. Sturges, and it is pro- i that if she die before the expiration of the fifty years, the shall cease on her death. RELEASE. iRY A. C. Sturges rt«^ Jane y Dated loth Oct., 1854. ., /lis wife, f Ack. loth Oct., 1854. ^^ /Rec. 10th Oct., 1854. Frederick A. Coe. \ 673 Conveyances, 541. /Consideration, $1. ILEASES him from payment of the rent and from the cove- 5 in the above lease. RY A. C. Sturges and Jane ., /lis ivifc; William B. ^urges and E. Josephine, $• zvife ; LvMAN A. Spencer ^Ann Frances, //w ivife; wiD C. Sturges, Caroline K. Sturges, rt;^(^ Henry A. Sturges, Junior, Childnn d heirs of said Henry A. C. (^Jane M. Sturges, to Frederick A. Coe. DEED. Dated ist Sept., 1854. Ack. 28th Sept. and loth Oct., 1854. Rec. lot-h Oct., 1854. 673 Conveyances, 541. Consideration, $53,000. iNVEYS same premises. ;nry A. C. Sturges, Junior, was a minor at time of exe- n of above deed. See deed of ratification by him recorded 95 Conveyances, 104. 492 THE SOMARINDYCK FARM. The Blocks between 63D and 65 th Streets. These are designated on the partition map as Blocks numbt 16 and 17, and were set apart to Sarah Talman, on partitio deed set forth ante page 429. \ DEED. Sarah Talman and John H.J Talman, /Dated i8th Nov., i85( to > Ack. 1 8th Nov., 1859. John Steward and D. Jack-1 Rec. 19th Nov., 1859. son Steward. 1 799 Conveyances, 51. / Considerat'n, $i89,ooc Conveys the two blocks in question. \ DEED. John Steward, D. Jackson 1 Steward and Mary Anna,/ Dated 17th Feb., 1869. his wife, \ Ack. 17th Feb., 1869. to I Rec. 2d March, 1869. Clarence S. Brown. \ 1094 Conveyances, 15c ^ / Considerat'n, $400,000. Conveys block between 63d and 64th streets. The above block was sold off in lots by Clarence S. Brown. \ DEED. John Steward and D. Jackson J Steward and Mary Anna,/ Dated 17th Feb., 1869. his ivife, \ Ack. 17th Feb., 1869. to I Rec. loth May, 1869. John Crosby Brown. V 114 Conveyances, 1 54. /Considerat'n, $500,000. Conveys blocks between 64th and 65th streets. BETWEEN NINTH AND TENTH AVENUES. 493 The Blocks between 65TH and 67TH Streets. ese are designated on the partition map as blocks number d 15, and were set apart to Abigail Thorn, widow, in ion deed set forth ante page 429. She intermanied with fim T. Cock, in spring of 1809. DEED. \ Dated 3d Jan., 1814. William T. Cock, /Proved 7th Jan., 18 14. to J>Rec. 8th Jan., 18 14. :)HN a. Hardenbrook. \ 104 Conveyances, 224. , /Consideration, $1. ^JVEYS all interest in and to the severtteen blocks, including /o in question, set apart to Abigail Thorn, as above men- \ DEED. r A. Hardenbrook and j Maria, hisivife, A Dated 8th Jan., 1814. to \ Ack. 7th June, 1814. AIL Cock, 7e';/. These'are designated on the partition map as blocks num her 12 and 13 and lettered n, and were set apart to INIargarel Hardenbrook by partition deed set forth ante page 430. MORTGAGE. William A. Hardenbrook and j To secure $2,900. Margaret, /^/.y w//>, f Dated ist June, 1810. to /^Ack. 4th June, 1810. Miss Eleanor Ellison. \ Reg. 4th June, 1810. / 24 Mortgages, 338. Covers said blocks designated by the number 12 and 13 and by gore N. BETWEEN NINTH AND TENTH AVENUES. 497 MORTGAGE. LIAM A. Hardenbrook a7id j To secure $2,400. Margaret, his luifc, ( Dated ist June, 18 10. to / Ack. 4th June, 18 10. Miss Mary Ellison. \ Rec. 4th June, 1810. / 24 Mortgages, 340. •VERS same premises. IN CHANCERY. Eleanor Ellison, Z'S. LIAM A. Hardenbrook am:l[ A R G A R E T, /lis zvi/e, andl lOMAS Ellison, ExecutoA Marv Ellison. —Sept. 15. Bill filed to foreclose. 24 Mortgages, 358. Nov. 22. Joint and several answer of Hardenbrook and wife filed. Dec. 9. Answer of Thomas Ellison, Executor, filed. —Jan. 25. Judgment of foreclosure and sale. —June 21. Master's report of sale filed and confirmed. e Master divided the premises into four lots, as shown on filed in case number two. The part West of the Bloom- le Road was divided into two lots numbered on said map 1 2, and was sold to Jacob Harsen. The part East of said was also divided into two lots numbered thereon 3 and 4. , the Northerly one, was sold to Jacob Barker, and lot 4, outherly one, to John A. Hardenbrook. 498 THE SOMARINDYCK FARM. DEED. James A. Hamilton, ^/^.y/rr in i Bated ist June, 1815.' Chanctry, ( Ack. 9th June, 1815. [ ^o f Rec. 26th Nov., 1 8 16.' Jacob Barker. \ 116 Conveyances, 590 / Consideration, $1,600, Conveys lot number three. Recorded immediately after this deed at page 592,13 a relea' of dower from Sarah Somarindyck. DEED. James A. Hamilton, Master inj Dated ist June, 18 15. Chancery, f Ack. 9th June, 1815. to I Rec. I2th June, 181 5. Jacob Harsen. V ' ^ Conveyances, 34. / Consideration, $3,000. Conveys lots i and 2. Recorded immediately after this deed at page 35, is a releai of dower from Sarah Somarindyck. DEED. James A. Hamilton, Master in i Dated ist June, 1815. Chancery, ( Ack. 9th June, 181 5. to ( Rec. 24th June 1815. John A. Hardenbrook. \ no Conveyances, 280, /Consideration, $1,100. Conveys lot 4. Recorded immediately after this deed at page 281, is a relea: of dower from Sarah Somarindyck. M. will rth. iber t to f3i- [4. aid rly ng nd 498 — I Jam"* of d Jam R of d Jam •I THE SOMARINDYCK FARM. DFFD THP ^cLxujK.,,, J6c^,-(^,.c.(ir.^ -Vj/, c E of c \E SOMARINDYCK FARM. WEST OF TENTH AVENUE. considering this part of the farm, the various blocks will ken up in order, beginning at the South and going North. The Blocks South of 59TH Street. ese are designated on the partition map as Block Number gore figure 6, and block lettered a, and were set apart to ge W. Somarindyck in partition deed given ante page 431. MORTGAGE. ^GE W. Somarindyck and JTo secure $3,000. Cornelia, /zw wz/i', f Dated 21st May, 1814. to /Ack. 24th May, 18 14. Ann Hardenbrook. \ Reg. 25th May, 1814. /31 Mortgages, 353. VERS, with others, said Block Number One. The said Number One is bounded Nortneily, Southerly, Easterly V^esterly by streets not yet named, and contains, according ; said map, seven acres, one rood, thirty-five perches and quare feet. TH J SOMARI NDMCJLT^'^^H^^^^^^^^^^ hL>^^tNqt, ^>J;h=U5m8UsUssUt???i5iU^ ''''''tntltl il iltrn i'f \ ,\\ \\ ilAtl 1 1 H ? 4-4- ■ t :' '*> Ttj: . : '** ffP - :l~lt5rl'i;l: : /St : i 1 i \\ '"J 1 M ' ' 1 ' ^ 4^^/i.^ ^^k>j UJa'^ Ca^ -X^/ / ''"'■ lEO £:,.-^ ^^^H --— ■ 1 3^/ "-: ■ 1 y. 1 1 15-0 /^. //,..„ rf fAC.f^..^ ^ ; eUr^<3L,,.^^.%7/y.>^,S(':3fr^j^t I 1 1 ! I /i \ /3 j // I f I 7 /?i StBf^Sj I'if.df'f Wrl — ' — 1 /,i if? ] ''-3 '''' ''^ /^ \ Jc \ .S' \ JP \ Ji W/k //cc/Q ^/U-j .^ Ji,/^^*C^i)euu'^ nv ce/uj^ ■/]" , ,/^^.^sa^9^. cC £f^iU!^u.iJ„lls&9.,ife<^./U. ^ti^J^uiX-^"^^^^'^'^^'^'"^!^^^''^ r 500 THE SOMARINDYCK FARM DEED. George W. Somarindyck and j Dated 9th Oct., 1816. | Cornelia, //w wz/r, f Ack. loth Oct., 1816. j ^0 ?'Rec. 27th May, 1817.. i Tunis Van Kleeck. \ 119 Conveyances, 424. j / Consideration, $5,000. Conveys said blocks, numbered One and lettered a and goi' 6. Ann Hardenbrook, the above named mortgagee, died leavin a will recorded in 53 Wills, 516, by which she appointed Mar Adams, John A, Hardenbrook and Robert Thompson he executrix and executors. Letters testamentary were granted t all three. See Liber 53 Wills, 518. John A. Hardenbrook and John H. Talman were judgmeii creditors of George W. Somarindyck and assignees of thai personal estate. IN CHANCERY. John A. Hardenbrook and Robert Thompson, E.v- ecutors, and Mary Adams, Executrix of Ann Harden- brook and John A. Harden-| brook, and]o\\v. H. Talman, Trustees, vs. George W. Somarindyck, Tunis Van Kleeck, and Sarah Somarindyck. 1817— Sept. 2. Bill filed. 1818 — Jan. 21. Judgment of foreclosure and sale. WEST OF TENTH AVENUE. Sot DEED. UEL S. Gardiner, Master in ] Dated loth March, 1818. CJiancery, to David Dunham. Ack. 14th March, 1818. Rec. 2d April, 1818. 125 Conveyances, 525. _ y Considerat'n, $3,198.57. )NVEYS said Block Number One, by same description. avid Dunham died, intestate, on 31st March, 1823, leaving surviving Mary Dunham, his widows, and the follow^ing Iren, his only heirs-at-law : Mary S., wife of Daniel S. wold ; David R. Dunham, Caroline Dunham, Euphame C, of Daniel Jackson ; Matilda Ann, wife of Reuben Withers ; ih, wife of William C. Leffingwell ; Alfred F. Dunham and line Emma Dunham. IN CHANCERY. flEL S. GRISWOLD rt;/(^MARY S., his zuifc, 7'S. lY Dunham," David R. UNHAM, ^ Caroline Dun- am, Daniel Jackson and UPHAME C, /lis tvife; Reu- SN Withers and Matilda NN, his tvife ; WiLLlAM C. EFFiNtiWELL and Sarah, '.szuife ; ALFRED F. DUNHAM, .DELiNE Emma Dunham, ^UGH AUCIIINCLOSS andTii^ AGLE Fire Company of Ew York. J I- — Sept. 27. Bill filed asking for partition, &c. 5o5 THE SOMARINDYCIC FARM. 1834 — Nov. 25. All defendants, except Eagle Fire Co., appes by Ezbon Slosson, and answer. Dec. 22. Answer of The Eagle Fire Co. filed. 1835— Jan. 5. Amended bill filed. Jan. 8. Hugh Auchincloss appears by E. Slosson. Jan. 15. Alfred F. Dunham appears by E. Slosson. Feb. 7. Decree of partition entered. Anthony Dej Murray Hoflman and John G. Coster wer appointed Commissioners. Feb. 21. Decree of sale entered. \ DEED. Anthony Dv.\ and Murray J Hoffman, Coimnissioncrs off Duted iSth April, 1825, Partition, and Makv Dunham, \Ack. 2d May, 1825. to ( Rec. 25th Oct., 1825. AsHER P. Hamlin. A 191 Conveyances, 503. /Consideration, $2,250. Conveys said Block Number One, describing it as boundec " Northerly by the middle of Fifty-ninth Street, Southerly b^ land now or late of Stakes, Easterly by the Tenth Avenue, anc Westerly by the Hudson River, containing seven acres anc forty-seven hundredths of an acre, be the same more or less." DEED. Dated 25th Oct., 1825. Ack. 25th Oct., 1825. Rec. 25th Oct., 1825. 191 Conveyances, 507. Consideration, $1. CoNVbiYS said Block One by the same boundaries. WEST OF TENTH AVENUE. 503 DEED. ^ Dated 25th Oct., 1825. David R. Dunham /Ack. 25th Oct., 1825. to \ Rec. 25th Oct., 1825. EPH Warren Brackett. (191 Conveyances, 508. j Consideration, $3,000. NVEYS said Block One by same boundaries. DEED. :pii Warren Brackett / Dated 25th Oct., 1825. nd Charlotte, his wife, f Ack. 25th Oct., 1825. to ) Rec. 25th Oct., 1825. Isaac Lucas. \ 191 Conveyances, 501. / Consideration, $4,000. iNVKYS said block by same boundaries. DEED. c Lucas and Sarah, /^w/ Dated 28th Feb., 1826. wife, (Ack. 28th Feb.. 1826. to ? Rec. 6th March, 1826. Charles Wayland. \ 200 Conveyances, 360. / Consideration, $7.'0. iNVEYS said block One by same boundaries, subject to mort- recorded in ^() Mortgages, page i, since discharged. will be observed that in the mortgage made to Ann Har- rook, ante page 499, the premises are designated simply as : number one, and described as bounded by streets not amed. The same description is retained in the conveyance the Master to David Dunham given upon the foreclosure at mortgage, whde the deed from the Commissioners of tion of estate of said David Dunham designate the premises 504 THE SOMARINDYCK FARM. thereby conveyed as block number one, but describe them boundaries which would include block a and gore 6. Thisli mentioned block and gore had been specifically conveyed Tunis Van Kleeck, ante page 500. John P. Yelverton obtain from his executors a deed of said block a and gore 6, whi deed was dated 30th January, 1850, and recorded in 533 C( veyances, 412, on ist February, 1850. John P. Yelvert thereupon conveyed block a to Andrew Carrigan, see 5 Conveyances, 289, and gore 6 to Archibald G. Montgom^ see 582 Conveyances, 422. Blocks between 59TH and 6oth Streets. These are designated on the partition map as Blocks nu bered Two and lettered b, and were set apart, together wi Blocks numbered Three and lettered c, and others, to Abig Tht)rn, by partition deed set forth ante page 429. The title these four blocks, until the following deed from the widow Jean Victor Francis Moreau, is set forth in title to bloc between Fifty-seventh and Fifty-ninth Streets, Seventh a Eighth Avenues, ante pages 436 to 440. \ DEED. Alexandrine Louise Eugenie j HuLOT Moreau, by Henry/ Dated 27th Nov., iSic C. De Rahm, licr Attorney, \ Proved 2d Dec, 18 19. to t Rec. 4th Dec, 18 19. John Low. \ 145 Conveyances, 368. / Consideration, $3,550. Conveys Blocks Two and Three, which are described being bounded Southwesterly by the middle of Fifty-nin Street, Southeasterly by the West side of the Tenth Avent WEST OF TENTH AVENUE. 50$ leasterl}^ by the middle of Sixty-first Street, and North- irly by the Hudson River. )cks b and c are not mentioned in the above deeds, but th* )er of acres given w^ould be sufficient to inchule them, as he boundaries in the last deed. \ DEED. siANDRiNE Louise Eugenie J • JLOT MOREAU, by 'Henry f Dated 21st Dec, 1820. De Rham, her Attorney, \ Proved 30th Dec, 1 820. to t Rec 3d Jan., 1 821. John Low. \ 148 Conveyances, 230, ^ /Consideration, $1. CITES the previous deed, and the omission to mention lots I c in the description of the premises conveyed, and grants 'S, approves and confirms all and singular the said lots, s or parcels of land designated upon the said map by the lers two and three, and that the letter b and c. vas doubted whether the grantor in the previous deed had red any title to said blocks b and c, as they were not oned in the mortgage made by Abigail Cock, through the osure of which Madame Moreau had derived title, though s 2 and 3 were therein described as containing sufficient ge to include them. Mrs. Cock has since given releases ist all the parties in whom the different parts of the blocks vested. DEED. Dated i8th Mar., 1822. John Low / Ack. i 8th Mar., 1822. to J Rec. 24th Maich, 1823. Isaac Cook. \ 165 Conveyances, 350. Consideration, $2,700. )NVEYS all that certain lot, piece or parcel of ground e, lying and being in the Ninth Ward of the City of New 5o6 THE SOMAUINDYCK FARM. York, near Bloomingdale, being part of the SomarindykeFar and is butted and bounded as follows, to wit : On the Southe; by the Tenth Avenue, Southwest by the middle of Fifty- nir Street, northwest by the Hudson River, and Northeast by t middle of Sixtieth Street, containing about six and one half act of ground, be the same more or less, which said lot of ground described on the map of the Somarindyke Farm, filed in t office of the Register in and for the City and County of Nt York as Lot Number Two and letter C. DEED. Isaac Cook to Israel Cook. Dated 20ih Mar., 182: Ack. 24th Mar.., 1823. , Rec. 24th Mar., 1823. V 165 Conveyances, 352. ; Consideration, $2,700. Conveys same premises. DEED. Israel Cook and Maria, Jiisj Dated i8th May, 1825, wife, { Ack. i8th May, 1825. to / Rec. 31st May, 1825. Joseph Warren Brackett. \ 190 Conveyances, 390. J Consideration, $3,180. Conveys same premises. \ DEED. Joseph Warren Brackett and j Charlotte, his luifc, (Dated 19th Sept., 1825 to > .^ck. 20th Sept., 1825. James Bliven and Whjja.m ( Rec. 21st Sept., 1825. Wood. 1 197 Conveyances, 297. /Consideration, $5,000. Conveys same premises. WEST OF TENTH AVENUE. 507 [ES Bliven and Margaret DEED. NN, //?> u'ifc, and WiLLlAM f Dated 15th Oct., 1825. /OOD, to Isaac Lucas. ONVEYS same premises. ^C Lucas and Sarah, Ids wife, to Charles Wayland. ■Ack. 1 8th Oct., 1825. Rec. i8th Oct., 1825. 191 Conveyances, 430. 'Consideration, $10,000. DEED. Dated 28th Feb., 1826. Ack. 28th Feb., 1826. Rec. 6th Mar., 1826. 200 Conveyances, 360. Consideration, $750. JNVEYs same premises, subject to mortgage recorded in '$)6 :gages, page i, since discharged. le water grant between Fifty-nintli and Sixtieth Streets was t to Lebbeus B. Ward, and was recorded in 623 Convey- 5, 33. He conveyed the same to William H. Vanderbilt ;ed recorded in 1,297 Conveyances, 473. Blocks between 6oth and 61 st Streets. lese are designated on the partition map as blocks num- 1 Three and lettered c, and, as just shown ante pages 504 505, were vested in John Low. DEED. I Dated 19th Feb., 1824. 'Ack. 19th Feb., 1824. Rec. I2th Dec, 1832. 289 Conveyances, 582. •.. 1' y Consideration, $1. NVEYS all that tract, piece or parcel of land situate, lying )eing in the Ninth Ward of the City of New York, being John Low to .DELAiDE Joanna Low. 508 THE SOMARINDYCK FARM. part of the farm formerly known as the Somarindyck Fan and is distinguished on the map of said farm, filed in the offi' of the Register of the City and County of New York as numb 3 (three) and letter c, bounded Southeast by the Tenth Aveni Southwest by the middle of Sixtieth Street, Northwest Hudson River, and Northeast by the middle of Sixty-first Stret containing five acres and three-quarters of an acre, be the san more or less, with full covenants and warranty. DEED. Dated i6th June, 183J Proved and Ack. 19 April, 1839. Rec. 7th May, 1839. 39C Conveyances, 513. Consideration. $5. Conveys all that certain lot, piece or parcel of land situat lying and being in the Twelfth Ward of the City of New Yor and known and distinguished by the letter c on a map ot tl estate belonging to the heirs of John Somarindyck, decease^ made bv William Bridges, City Surveyor, the said premis( hereby granted being bounded as follows, viz. : Southwesterl by the middle of Sixtieth Street, Southeasterly by the middle < the Eleventh Avenue, Northeasterly by the middle of Sixty-fin Street, and Northwesterly by the Hudson River. Adelaide Joanna Low intermaiTied with Anthony Bleeck* McDonald. She died, intestate, on 17th September, 183; leaving her surviving her husband, who is now deceased, an three children, her only heirs-at-law ; Susan Blanchard Mc Donald, afterwards married to Edward D. Nelson ; Anthon Bleecker McDonald, Junior, and Elizabeth Bleecker McDonald which latter died on 28th November, i860, intestate, unmarriei and without issue. WEST OF TENTH AVENUE. 509 Last Will and Testament / Dated 30th July, 1866, of \ Proved 3d Dec, 1866. PHONY Bleecker McDon-? 52 Wills, 438. ALD, Junior. \ Westchester Co, fter making certain provisions relative to his real estate at ixville, testator provides as follows : I hereby authorize and empower my said executors, their ivors and survivor, to sell and convey any and all other real ;e of which I may die seised or possessed, or any interest of 3 therein, and to execute and deliver to the purchaser or ;hasers thereof a good and sufficient deed or good and suffi- t deeds therefor, and to join with other party or parties •ested in or owning any part of any such real estate in sell- conveying and disposing of the same, and of my interest sin, and in executing such deed or deeds as may be neces- or proper to vest a good and valid title to the same to the ;haser or purchasers tli^reof." The executors are instructed ivide the proceeds among testator's children and descendants 2ceased children. His or her share of the principal to be to each on arriving at age of twenty-one years ; meanwhile income to be paid to testator's widow for their support. He es his children his residuary devisees, and appoints his Dw, Phebe McDonald, and Anthony B. McDonald and ,ry W. Clark his executors. etters Testamentary were granted to all three on 5th ember, 1866, see Liber H, Letters Testamentary, 173. 5IO THE SOMARTNDYCK FARM. Anthony B. McDonald, Susan B. Nelson, wife of Edward D. Nelson and the said Ed- ward D. Nelson, to John Paine and Williajv^ T. Blodgett. Conveys said blocks Three and c. DEED. Dated 28th April, i86l^ Ack. 28th April, 1868. Rec. 1st May, 1868. 1,066 Conveyances, 18 Consideration, $io5,oc, Phebe McDonald, widoiv, to John Paine and William T. Blodgett. DEED. Dated 28th April, 186 Ack. 28th April, 1868. Rec. 1st May, 1868. 1066 Conveyances, 17. Consideration, $1. Releases her dower in same preriiises. Phrbe McDonald, Executrix, rtWrtT Anthony B. McDonald and Henry W. Clark, Ex-\ ecutors of A. Bleecker Mc-' Donald, Junior, to John Paine and William T. Blodgett. DEED. Dated 28th April, 1868. Ack. 28th April, 1868. Rec. 1st May, 1868. 1066 Conveyances, 15. I Consideration, $40,000. Conveys all the one equal undivided one-third part of sam premises. WEST OF TENTH AVENUE. 511 DEED. \ Dated ist April, 1869. Same /Ack. 14th April, 1869. ^o \ Rec. 14th April, 1869. Same. \ 1,091 Conveyances, 478. j Consideration, $1. NVEYS the one equal undivided half part of same premises, presents being given to correct a misdescription in the 3US deed of the interest of the parties of the first part in the ises conveyed, e water grant between Sixtieth and Sixty-first Streets was to John Paine and William T. Blodgett, and was recorded 33 Conveyances, page 396. This became vested in Wil- H. Vanderbilt. See deeds recorded in 1276 Conveyances ind 347; 1 183 Conveyances, 35, and 1306 Conveyances, Fhe Blocks between 61 st and 63D Streets. ;se are designated on the partition map as blocks num- Four and Five, and lettered d and e, and were set apart, others, to Margaret Hardenbrook by partition deed set ante page 430. MORTGAGE. JAM A. Hardenbrook rt;w6?/ To secure $8,000. Margaret, /h's zvife, ( Dated 27th Oct., 18 10. to f Ack. 1st Nov., 1810. embrandt F. Muller. \ Reg. 3d Nov., 1810. / 25 Mortgages, 94. ERS the four blocks described by the numbers Four and nd the letters d and e 512 THE SOMARINDYCK FARM. ii William A. HARDENBROOK^rw// J DEED. ii Margaret, his zvifc, awil — — ! Sarah Somarindyck, ? Dated 2d Jan., 18 if' to > Ack. 3d Jan., 1816. The Mayor, Aldermen andI Rec. 5th Jan., 1816. , Commonalty of the CitvI i 13 Conveyances, 117. '| OF New York. ] Considerat'n, $5,869.07, Conveys said four blocks, subject to above mortgage. IN CHANCERY. Rembrandt F. Muller vs. William A. Hardenbrook and Margaret, his wife. 1814 — Sept. 15. Bill filed to foreclose, 25 mortgages, 94. Nov. 22. Answer of defendants filed. 1S15 — Jan. 25. Judgment of foreclosure and sale. June 36. Report of sale filed and confirmed. DEED. James A. Hamilton, Master in j Dated 8th June, 1815^. Chancery, f Ack. 9th June, 181 5. ^^ / Rec. 2ist July, 1815. Rembt F. Muller. V 109 Conveyances, 435. / Consideration, $7,750. Conveys said four blocks. WEST OF TENTH AVENUE. 513 IBRANDT F. MULLER and Catharine, his zvife, to : Mayor, Aldermen andi 3MM0NALTY OF THE CiTY ^ New York. DEED. Dated 3d Jan., 18 16. Ack. 9th Jan., 18 16. Rec. 26th Jan., 18 16. 112 Conveyances, 517. 'Consideration, $9,350. )NVEYS said four blocks. 'X DEED. ; Mayor, Aldermen and) 3MMONALTY OF THE ClTYf Dated gtli Mar., 1818. ^ New York, > Proved 19th Mar., 18 18. to I Rec. 2 1 St Mar., 18 18. John Low. 1 125 Conveyances, 480. / Considerat'n, $7,375.71. )NVEYS, with other property, all those certain lots, pieces or sis of land situate, lying and being in the Ninth Ward of Z^ity of New York, the first whereof is situate, lying and I on the Southeasterly side of Hudson's River, and bounded Hows: Southwesterly by the middle of Sixty-first Street? heasterly by the Northwesterly side of the Tenth Avenue, heasterly by the 'middle of Sixty-third Street, and North- erly by the shore of Hudson's River. Containing twelve ;, one rood and twenty-two and one-half perches. Im Low died on 19th November, 1852. \ast Wi/l and Testament of John Low. Dated ist Nov., 1849. Proved 19th Jan., 1853. 106 Wills, 95. le testator, after making certain specific devises not affect- the premises, pi'ovides as follows : — Sixth. I do hereby 514 THE SOMARINDYCK FARM. devise and give unto my daughters, Susan how and Julia A Low^, that portion of my real estate in the Twelfth Ward, in th< City of New York, which commences at a point in the middlt of Sixty-second Street, on the line of the Westerly side of th< Tenth Avenue, and running thence Westerly on the middle o Sixty-second Street two hundred and fifty feet ; thence Northerh on a line parallel to the Tenth Avenue to the middle of Sixty third Street ; thence Easterly on the middle of Sixty-thirc Street to the Westerly side of Tenth Avenue ; thence Southerh along the Westerly side of Tenth Avenue to the place o beginning ; to have and to hold the same unto my said tw( daughters, Susan Low and Julia A. Low, their respective heir and assigns, forever, share and share alike. Seventh. I d( hereby devise and give unto my daughter, Susan Low, that per tion of my real estate which commences at a point on th( middle of Sixty-second Street, at the distance of two hundrec and fifty feet Westerly from the westerly side of the Tend Avenue (in the Twelfth Ward, in the City of New York), an( running thence Westerly, on the middle of Sixty-second Street to the Easterly side of the Hudson River Railroad ; thena Northerly along the Easterly side of the Hudson River Rail road, to the middle of Sixty-third Street ; thence Easterly alon^ the middle of Sixty-third Street to a point two hundred am fifty feet distance from the Westerly side of the Tenth Avenue thence Southerly on a line parallel to the Tenth Avenue to th( place of beginning. To have and to hold the said premises unt( my said daughter, Susan Low, her heirs and assigns, forever Eighth. I do hereby devise and give unto my daughter Julia A. Low, all that portion of my real estate in the Twelftl Ward in the City of New York, which commences at a poim in the middle of Sixty-first Street on the line of the Westerly side of the Tenth Avenue, and running thence Westerly on th( middle of Sixty-first Street to the Easterly side of the Hudsoi River railroad; thence Northerlv along the Easterly line of th( WEST OF TENTH AVENUE. 515 Ison River Railroad to the middle of Sixty-second Street ; ce Easterly along the middle of Sixty-second Street to the jterly side of the Tenth Avenue ; thence Southerl}- along the iterly side of the Tenth Avenue to the place of beginning, lave and to hold the said premises unto my said daughter, I A. Low, her heirs and assigns, forever. Ninth. I do by devise and give to my son, William P. Low^, all that ion of my real estate in the Twelfth Ward in the City of r York, which commences at a p(»int on the middle of f^-first Street, and on the line of the Westerly side of the Ison River Railroad, and running thence Westerly along the ile of Sixty-first Street to the Hudson River ; thence North- along the shore of the Hudson River as it winds and turns ir as my land extends to the Westerly line of the Hudson ;r Railroad ; thence Southerly along the Westerly line ot Hudson River Railroad to the place of beginning, together the pre-emptive right to the land under the water of the son River between the Sixty-first Street and the Sixty-third St. To have and to hold the said premises unto my said William P. Low, his heirs and assigns, forever. isan Low sold the land devised to her above in various els, many of the lots becoming vested in John Paine and iam T. Blodgett. DEED. Julia A. Low ] Dated 28th April, 1868. to ( Ack. 28th April, 1868. N Paine and William T.f Rec. ist May, 1868. Blodgett. \ 1066 Conveyances, 10. J Consideration, $1 1 5,000. iNVKYS the premises between Sixty-first and Sixty-second ts devised to Julia A. Low in the preceding will. 5i6 THE SOMARINDYCK FARM. DEED. John Paine ^w^ Catherine, J Dated 21st Dec, 1871, his wife, f Ack. 22d Dec, 1871. to ^ Rec I2th Feb., 1872. William T. Blodciett. \ ii 87 Conveyances, 68l / Considerat'n, $1. Conveys the Northerly half of the block between Sixty-first and Sixty-second streets and Tenth and Eleventh Avenues. DEED. William T. Blodgett and, Abby B., Jiis zuife, to John Paine. Dated 21st Dec, 1871. Ack. 1 2th Feb., 1872. Rec I2th Feb., 1872. II 87 Conveyances, 684. Consideration, $1, Conveys the Southerly half of said block. DEED. William P. Low, j Dated 28th April, 1868. to f Ack. 28th April, 1868. John Paine and William T. [ Rec ist May, 1868. Blodgett. \ 1066 Conveyances, 12. / Consideration, $45,000. Conveys the premises devised to William P. Low by will of John Low, above set forth. The Water grant between 6 1st and 62d streets was made to John Paine and William T. Blodgett, and recorded in 1103 Conveyances, 404, and became vested in William H. Vander- bilt by deeds recorded in 1276 Conveyances, 340 and 347. The Water grant between 62d and 63d ^streets to the depth of 175 WEST OF TENTH AVENUE. 517 five inches, South of 63d street, was made to John Paine WilHam T. Blodgett and recorded in 1103 Conveyances, , and became vested in WilHam H. Vanderbilt by deeds )rded in 1276 Conveyances, 340 and 347. The rest of the ter grant between said streets was made to William C, tmore, and also became vested in William H. Vanderbilt ieed recorded in 13 16 Conveyances, 46. The Blocks between 63D and 64TH Streets. hese are designated on the partition map as blocks num- d Six and lettered f, and were set apart to George W. larindyke by partition deed set forth ante page 431, title to these blocks until the following deed is given, ante ;s 453 to 457, in that of blocks between 65th and 67th ;ts and 8th and 9th avenues. DEED. EMiAH LoTT, William W. HORNE and John Bryan, onunissioncrs of Partition, to John Low. ONVEYS said blocks Six and f. John Low to Julia A. Low. (Dated 20th Aug., 1823. Ack. 20th Aug., and 6th Sept., 1823. Rec. nth Sept., 1823. 169 Conveyances, 330. Consideration, $1200. DEED. Dated 28th Nov., 1828. Ack. 28th Nov., 1828. Rec. I2th Dec, 1832. 289 Conveyances, 584. Consideration, %i. )NVEYS said blocks Six and f. 5i8 THE SOMARINDYCK FARM. DEED. Julia A. Low j Dated 12th Dec, 1849. U f Ack. 1 2th Dec, 1849. Smith Clift and John F. / Rec 12th Dec, 1849. Butter WORTH. \ 530 Conveyances 316. / Considerat'n, $18,000. Conveys said two blocks, excepting the strip conveyed to the Hudson River Railroad Company by deed recorded in Liber 502 Conveyances, 104. John F. Butterworth and Ma- DEED. ria B.,/iiszm/e; SMITH Clift/ Dated 27th June, 1850. and Emma A., /iis zm/e, to James Phalen and John Paine. Ack. 28th June and 8th July, 1850. Rec. 1st Aug., 1850. 552 Conveyances, 50. Consideration, $26,000. Conveys same two blocks, with same exception, and sub- ject to Mortgages recorded in 342 Mortgages, pages 532, 534, 536, 539 and 541, since discharged of record. The Water grant between 63d and 64th streets was made to said James Phalen and John Paine and was recorded in 621 Conveyances, 489, and became vested in Vanderbilt through the following deed, and deeds recorded in 1276 Conveyances, 338 and 345 DEED. James PHALENrtfwrt'CATHERiNE, J Dated ist May, 1853. his ivifc, ( Ack. 3d June, 1853. to / Rec 3d June, 1853. John Paine. \^3^ Conveyances, 564. / Considerat'n,$i7, 128.23. Conveys all the undivided moiety or half part of said blocks Six and f, together with the water grant. WEST OF TENTH AVENUE. 519 The Blocks between 64TH and 65TH Streets. rhese are designated on the partition map as blocks num- ed Seven and lettered g, and were set apart to George W. narindyck by partition deed set forth ante page 431. The i to these blocks until vested in David Kimberly is given B pages 453 to 458, under the title to blocks between 65th 1 67th streets and 8th and 9th avenues. MORTGAGE. viD Kimberly and Eliza- y To secure $9,000. BETH, his wife, f Dated 5th June, 1838. to (Ack. 26th July, 1838. David Leavitt. \ Rec. 3d Oct., 1838. / 227 Mortgages, 322. !lovERS block Seven. \ DEED. .viD Kimberly and Eliza- J BETH, his IV if c, A Dated 14th Sept., 1839. to > Ack. 17th Sept., 1839. ;0MAS L. Frame rt';;<:/ Oliver I Rec. 28th Sept., 1839. P. Kimberly. I402 Conveyances, 46. /Consideration, $19,200. Conveys said block Seven subject to said mortgage. ASSIGNMENT. [OMAS L. Frame a7td Oliver j Dated 25th April, 1840. P. Kimberly. f Ack. 30th April, 1840. to f Rec. 30th April, 1840. David Kimberly, Junior. \ 407 Conveyances, 17. / Consideration, $i. ]^ONVEYS all and singular their joint and separate property 1 estate, real and personal, in trust, to sell and pay all cred- 520 THE SOMARINDYCK FARM. itors, with certain preferences therein mentioned, and returi the surplus to parties of the first part. NEW YORK SUPREME COURT. David Leavitt, vs. David Kimberly and Eliza- beth, /lis ccvife; Thomas L.,( Frame and K^^ P., Jiis zvife; Oliver P. Kimberly, Henry[ NoRRis, Augustus Mayor, John Wilson, Junior, and others. 1847 — Oct. 32. Bill filed to foreclose. 227 Mortgages, 322. 1848 — Jan. 21. Order pro confesso vs. Henry Norris, John Wilson, Junior, and Jacob Cram, on consent and vs. Thomas L. Frame, Ann P. Frame, Augustus Mayor, Oliver P. Kimberly and Edmund Laffan on default of appearance. Jan. 22. Order /r(? confesso vs. '\o%qi^\\ Foulke, Pierre L. Foulke, Joseph Foulke, Junior, and Wil- liam Foulke in default of answer. Feb. 12. Order pro confesso vs. David Kimberly and Elizabeth, his wife, on default of answer. April II. Order pro confesso z^j. James Ellison on de- fault of appearance. May 22. Reference to Archibald Hilton to compute. May 24. Referee reports $10,355.98 due. May 24. Decree of foreclosure and sale. July 6. Decree enrolled. 1849 — May 23. Sherifl's report of sale filed and confirmed. WEST OF TENTH AVENUE. 52 1 .t the above mentioned sale the greater part of the block was :hased by David F. Kimberly, who afterwards sold the same )ts. The rest of the block was sold in several parcels to ;rent purchasers. \ DEED. IN J. V. Westfrvelt, Sher-\ • f of the City and County oft Dated 5th Dec, i ^ezv York, \ Ack. 9th Dec, 1848. to ( Rec. 1 2th Dec, 1848. David F. Kimberly. \ 510 Conveyances, 643. ) Consideration, $5,710. ONVKYs all that portion of said block Seven which is nded and described as follows: Beginning at a point in the therly side of Sixty-fourth street one hundred feet Westerly n the corner at the Tenth avenue, and runs thence Westerly ng the Northerly line of Sixty-fourth street seven hundred to the corner of the Eleventh avenue ; thence Northerly ig the Easterly line of the Eleventh avenue tv^o hundred feet ten inches to the corner of Sixty-fifth street ; thence Easterly ]g the Southerly side of Sixty-fifth street six hundred feet to )int two hundred feet Westerly from the corner of the Tenth me ; thence Southerly parallel to the Tenth avenue one dred feet and five inches to the centre line of the block ; iCe Easterly along said centre line parallel with Sixty-fifth ;t one hundred feet, and thence Southerly parallel with the th avenue one hundred feet and five inches to said point on the therly side of Sixty-fourth street, the place of beginning, be said dimensions more or less. Also, two lots on the Westerly of Tenth avenue fifty feet two and a half inches North of y-fourth street. avid F. Kimberly also obtained a deed of said premises 1 David Kimberly, assignee of Thomas L. Frame and '■er P. Kimberly, which was recorded in 531 Conveyances, on 26th December, 1849. 522 THE SOMARINDYCK FARM. David Kimberly died intestate, seised of the block West o Eleventh Avenue, on 29th day of August, 1861, leaving him surviving Elizabeth, his widow, and seven children, viz : Mar) Kimberly, Anne Kimberly, Louisa Kimberly, Elizabeth Kim- berly, David F. Kimberly, John Kimberly and Oliver P. Kim- berly. DEED. John Kimberly and Bettie, J Dated i6th Oct., 1865. Jiis-wifc, ( Ack. 1 8th Oct., 1865. fo } Rec. 19th Dec, 1865. David F. Kimberly. \ 954 Conveyances, 304. J Consideration, $100. Conveys all the equal undivided seventh part of all the rea estate of which David Kimberly, late of the City of Brooklyn. the father of the above named John Kimberly, died seized, sitU' ate in the State of York, specifying among others the blocks ir question. DEED. Oliver P. Kimberly to David F. Kimberly. Dated 23d Sept., 1865. Ack. 8th Nov., 1865. Rec. 19th Dec, 1865. 954 Conveyances, 306. Consideration, $100. Conveys all the one equal undivided seventh part of said rea estate of said David Kimberly. Elizabeth Kimberly, zuidozv of 1 DEED. David Kimberly, / to f Dated loth Jan., 1866. Elizabeth Kimberly, Mary \ Proved 17th Feb., 1866. Kimberly.Annie Kimberly, ( Rec 17th Feb., 1866. Louisa Kimberly and David 1 949 Conveyances, 462. F. Kimberly. | Consideration, $10. WEST OF TENTH AVENUE. 523 Releases all dower in all the real estate of which the said ivid Kimberly died seised. The grantees in the last deed sold the premises in 1866, in Terent parcels. The water grant opposite the block in question was made to seph W. Duryee, and was recorded in 1182 Conveyances, 2, and was conveyed to William H. Vanderbilt in 1290 Con- yances, 374. The Blocks between 65Tn and 66th Streets. These are designated on the partition map as blocks numbered ight and lettered h, and were set apart, together with blocks imbered Nine and lettered i, and others, to Hyder Somerin- xk by partition deed set forth ante page 431. Hyder Somarindyck to he Mutual Insurance Com-' PANY OF THE CiTY OF NewI York. MORTGAGE. To secure $6000. Dated loth Feb., 18 10. Ack. loth Feb., 1810. Reg. I2th Feb., 1810. 21 Mortgages, 529. Covers said four blocks Eight and Nine, i and h. DEED. YDER Somarindyck and Re- BECCAH M., Jiis wife, to John A, Hardenbrook. Dated ist Feb., 1817. Ack. 5th June, 18 17. Rec. 7th June, 1817. 122 Conveyances, 132. Consideration, $5,500. Conveys, with others, said four blocks. 524 THE SOMARINDYCK FARM. IN CHANCERY. The Mutual Insurance Com- pany OF the City of New York, vs. Hyder Somarindyck, John A. I ' Hardenbrook, John H. Tal- MAN, William A. Harden-; brook, Heman Baldwin, John Worthington, La:\i- bert suydam «?z^ cornelius SUYDAM. 1817 — Sept. 24. Bill filed to foreclose, 21 Mortgages, 529. Sept. 29. John H. Talman appears by P. DeWitt. Nov. 6. Answer of John H. Talman filed. 18 18 — Jan. 26. Judgment of foreclosure and sale. James A. Hamilton, Master in Chancery, to The Mutual Insurance Com-i PANY of the City of New York. Conveys said four blocks. The Mutual Insurance Com- pany OF the City of New York, to Jonathan J. Coddington and^ William Bloodgood. DEED. Dated loth Mar., 18 18. Ack. 30th Mar., 1818. Rec. 2d April, 18 18. 127 Conveyances, 223. /Consideration, $6,000. DEED. Dated ist May, 1835. Proved 1st May, 1835. Rec. 2d May, 1835. 331 Conveyances, 207. 'Consideration, $40,000. Conveys said four blocks, Eight, Nine, I and H. WEST OF TENTH AVENUE. 525 rATHAN J, CODDINGTON and [ATILDA E., his wife ; WlL- lAM Bloodgood and Mary lNN, Jiis tuife, to EPH L. Joseph, Moses Hen- IQUES ajid Solomon J. OSEPH. DEED. Dated loth Mar., 1836. Ack. 23d Mar., 1836.. Rec. 1st April, 1836. 351 Conveyances, 318. [Consideration, $97,500. ONVEYS said four blocks. EPH L. Joseph, Moses Hen- iQUES and Solomon J. OSEPH, to jathan J. Coddington and\ William Bloodgood. MORTGAGE. To secure $65,000. Dated loth Mar., 1836. Ack. 1st April, 1836. Rec. 1st April, 1836. 194 Mortgages, 380, yOVERS said four blocks. William Bloodgood to E President, Directors] vnd Company of the Bank )F THE United States. ASSIGNMENT. . Dated 6th July, 1837. Proved 7th July, 1837. Rec. 7th July, 1837. 216 Mortgages, 490. Consideration, $i. \.ssiGNS all interest in above mortgage. 526 THE SOMARINDYCK FARM. ASSIGNMENT. Jonathan J. Coddington to Isaac Coe. Dated 21st Aug., 1838. Ack. 23d Aug., 1838. Rec. 27th Aug., 1840. 241 Mortgages, 533. Consideration, $33,150. Assigns all interest in said mortgage. Joseph L. Joseph and Frances, his zvife ; MoSES Henriques and Sarah, his wife ; Solo-i MON J. Joseph and Emily, his\ wife,, to DEED. Jacob J. Cohen, Junior, Philip' J. Cohen, Benjamin J. Co- hen and David J. Cohen. Dated loth April, 1837. Ack. loth April, J837. Rec. nth April, 1837. 373 Conveyances, 497. Consideration, $256,000- Conveys said four lots, subject to above mortgage. Jacob J. Cohen, Philip J. Co- hen «;z 387 Conveyances, (x)y Considdfrat'n, $150,000 Conveys said four blocks. '^ WEST OF TENTH AVENUE. 52/ \ DEED. Isaac Coe J to I Dated 17th May, 1839. .TON Stapp and Lucius H.> Proved 17th May, 1839. COTT, Fund Commissioners of{ Rec. 27th Aug. 1840. '.e State of Indiana. \ 409 Conveyances, 354. / Consideration, $10. ONVEYS said four blocks. release of dower from Rebecca Coe, wife of Isaac Coe, is irded immediately after the above deed, at page 356. IN CHANCERY. ^ V : President, Directors 1 ND Company of the Bank F THE United States, vs. eph L. Joseph, Moses Hen- iQUES, Solomon J. Joseph, ;aac Coe, Fund Commis- oncr of the State of Indiana ; [iLTON Stapp and Lucius . Scott, Fnjid Commissiofiers ^ the State of Indiana and the lid State of Indiana. ) — Sept. 3. Bill filed to foreclose, 194 Mortgages, 380 — Aug. 6 Answer of Milton Stapp, Fund Commis- sioner, filed. - — Dec. 16. Order pro confesso vs. Lucius H. Scott, on default of appearance. Dec. 17. Order pro confesso vs. Joseph L. Joseph, Solo mon J. Joseph and Moses Henriques, on default of appearance. 528 ' THE SOMARINDYCK FARM. * ^§45— Aprij 22. Older pro confesso vs. Isaac Coe, Fund Com- missioner, on consent. May 5. Reference on facts and amount due. 1846 — March 4. Answer of State of Indiana filed. March 12. Master reports $96,221.66 due. March 1 2. Decree of foreclosure and sale. April 16. Decree enrolled. ~\ DEED. Stephen Cambreling, Master j in CJianccry, A Dated 21st April, 1846. to \ Ack. 2 1 St April, 1846. James Robertson and Mi- 1 Rec. 25th April, 1846. CHAEL G. Bright. J474 Conveyances, 422. /Consideration, $5,000. Conveys said four blocks. DEED. James Robertson and Mary, J Dated 7th May, 1846. his zuife, f Ack. 7th May, 1846. to } Rec. nth May, 1846. Thomas D. Lyle. \ 474 Conveyances, 494. /Consideration, $1. Conveys all the undivided moiety or half part of said four blocks. Recorded in 497 Conveyances, pages 306 and 30S, are the grants to the Hudson River Railroad Company of the portion of the premises lying West of the Eleventh Avenue, which is em- braced in the road bed of said company, as delineated on their map, being 66 feet wide and 534 feet 3 inches long. WEST OF TENTH AVENUE. 529 Thomas D. Lyle DEED. to \ Dated 7th May, 1846. kiES Robertson, Richard I . , , ^.^ o 7^ T -o T c AT / Ack. 7th May, 1846. \. Bayard, James S. New-( „ 1 ,t 2 ^ ^^ •' ^ \ Rec. nth May, 1846. !OLD, Herman Cope a^tdx „ /' t fHOMAS S. Taylor. Trust.. s.]jl'^ Conveyances, 493- ' Lonsideration, $i. JoNVEYS all the undivided moiety or half part of said four cks. MES Robertson, James S. 1 DEED. STewbold, Herman Cope,/ rnoMAS S. Taylor, and! Dated 31st Dec, 1846. R.ICHARD H. Bayard, Trus-\ Ack. 4th Jan., 1847. 'ees, ( Rec. ist April, 1847. to \ 487 Conveyances, 455. dgcumbe H. Blatchford. I Consideration, $4,000. I^ONVEYS all the undivided moiety or half part of said four icks. ^RY, %vifc of James Robert- son; Sally R., wz/> Ack. 4th Jan., 1847. and Mary Sophia, wife of[ Rec 6th Sep., 1848. Richard H. Bayard, I 5 10 Conveyances, 225. to ^Consideration, $10. .DGCUMBE H. Blatchford. | Conveys all dower in same premises, th^ir husbands joining ith them in the release, 530 THE SOMARINDYCK FARM. DEED. Edgecumbe H. Blatchford J Dated 1st Aug., 1848. and Mary Ann, Jiis ivife, f Ack. 4th Aug., 1848. to } Rec. nth Sept., 1848. Jonathan J. Coddington. \ 500 Conveyances, 250. ^___ / Consideration, $12,500. Conveys all the equal undivided half part of said four blocks Eight and Nine, i and h. DEED. Michael G. Bright and Betsy j Dated ist June, 1850. B., /lis w/e, f Ack. ist June, 1850. to f Rec. 26th Sept., 1850. Frederic Bronson. \ 550 Conveyances, 263. / Consideration, $20,000. Conveys all the one equal undivided half of said four blocks Eight and Nine, i and h. DEED. Michael G. Bright rt;?<^BETSY J Dated ist June, 1850. B., /lis wife, f Ack. 17th July, 1850. to /"Rec. 25th July, 1850. Frederic Bronson. NsS^ Conveyances, 97. /Consideration, $20,000. Conveys all the one equal undivided one-half part of said four blocks. Thus Jonathan J. Coddington and Frederic Bronson became seised of the said four blocks Eight, Nine, i and h. They di- vided the same among them, Frederic Bronson taking the two Southerly blocks, and Coddington the two Northerly ones. WEST OF TENTH AVENtTE. 53 1 DEED. NATHAN J. CODDINGTON ajid j Dated 2d Sept., 1850. Matilda E., /ns wife. f Ack. 14th Oct., 1850. to ?'Rec., 15th Oct., 1850. Frederic Bronson. \555 Conveyances, 188. / Consideration, $10. Conveys all the one equal undivided half part of blocks Eight dh. \ DEED. :ederic Bronson and Char- j LOTTE, his luife, / Dated 23d Nov., 1850. to \ Ack. 22d Jan., 1851. [LLIAM V. Brady<^;/^HemanI Rec. 1st Feb., 185 1. W. Childs. p6i Conveyances, 362. /Consideration, $10,000. DoNVEYS all the one equal undivided half part of blocks Eight ih. The Blocks betv^^een 66th and 67TH Streets. rhese are designated on the partition map as blocks numbered 16 and lettered " h," and were set apart to Hyder Somarin- ;k by pai"tition deed set forth ante page 431. The title to se two blocks, until vested in Frederic Bronson and Jonathan Doddington, has just been shown ante pages 523 to 530. DEED. ederic Bronson and Char- i Dated 2d Sept., 1850. hOTTE, /lis zui/e', f Ack. 14th Oct., 1850. fo f Rec. 15th Oct., 1850. ONATHAN J. Coddington. \ 555 Conveyances, i8o. 1 **. . / Consideration $io. Conveys all the one equal undivided half part of said blocks le and i. 532 THE SOMARINDYCK FARM. DEED. Jonathan J. Coddington and ^ Matilda E., his wife, to Hem AN W. Childs. Dated 5th Sept., 1850. Ack. I2th Oct., 1850. Rec. 15th Oct., 1850. 555 Conveyances, 182. Consideration, $20,000. Conveys said two blocks Nine and i. DEED. Heman W. Childs to John Paine. Dated ist Mar., 185 1. 'Ack. 1st Mar., 1851. Rec. 9th April, 185 1. 562 Conveyances, 534. 'Consideration, $35,000. Conveys said two blocks Nine and i, subject to four mort- gages recorded in 360 Mortgages, 566, 569, 571 and 577, since discharged, of record. DEED. Dated Dec, 1851. John Paine«;/^Mary, /zw w//"^, /Ack. 13th Dec, 1851. to ^Rec 1 8th Dec, 185 1. James Phelan. V 591 Conveyances, 24.9. j Consideration, $17,500. Conveys all the one undivided one-half part or moiety of said two blocks Nine and i, subject to said four mortgages and to four other mortgages recorded in 377 Mortgages, 41, 43, 46 and 49, since discharged, of record. The water grant opposite these premises was made to said John Paine and James Phelan, and was recorded in 621 Conveyances, 489, and became vested in William H. Vanderbilt. See 1,068 Conveyances, 116; 1,290 Conveyances, pages 306, 309 and 311, and 1,515 Conveyances, 364, and the following deed ; WEST OF TENTH AVENUE. 533 DEED. A Dated isi May, 1853. iN Paine and Mary, /as zvifc, / Ack. 3d June, 1853. to > Rec. 3d June, 1853. James Phalen. 1 631 Conveyances, 569. yConsid'rat'n, $20,628.33. ]!oNVEYS all the one undivided moiety or half part of said two ;ks Nine and i and all interest in the water grant. A AES Phalen and Catherine S., /it's zvife, to lliam Tilden, William T. JLODGETT and DANIEL C. Jlodgett. DEED. Dated 13th Dec, 1867. Ack. 13th Dec, 1867. Rec 2d Jan., 1868. 1026 Conveyances, 524. Consideration, $200,000. loNVEYS said blocks Nine and i and the premises covered by above-mentioned water grant. LLIAM Tilden and Almira, is ivife ; W I LLIAM T. Blod-, ETT and Abby B., his wife ;^ )aniel C. Blodgett and LMMA, his zvife, to Matthew Wilks. DEED. Dated 1st May, il Ack. 4th May, 1868. Rec. 5th May, 1868. 1049 Conveyances, 554. Consideration, $172,500. loNVKYS all that certain block, piece or parcel of land situate he Twenty-second (22d) Ward of the City of New York, distinguished by the Ward map numbers one to sixty-four, 1 inclusive, of Block Number Two Hundred and One (201) aid Twenty-second Ward, said plot of land being bounded fl 534 THE SOMARINDYCK FARM. ^| t as follows, viz. : Easterly by Tenth Avenue, Westerly by Eleventh Avenue, Northerly by Sixty-seventh Street, and Southerly by Sixty-sixth Street, containing in distance, from Tenth to Eleventh Avenue, eight hundred feet, and from Sixty- sixth to Sixty-seventh Streets two hundred feet and ten inches, more or less. Subject to mortgage recorded in 826 Mort- gages, 625, since discharged. The Blocks between 67TH and 69TH Streets. These are designated on the partition map as blocks numbered Ten and Eleven and lettered j and k, and were set apart to Sarah Talman by partition deed given ante page 429. ^he died, seised thereof, on 30th April, 1867, leaving the following will : Last Will and Testament /Dated 8th July, 1854. of \ Proved 22d May, 1867. Sarah Talman. i 161 Wills, 354. "Fourth. I give and devise to my executors hereinafter named, and to the survivors and survivor of them, all that cer- tain tract or parcel of land situate in the Ward of the City of New York, bounded Westerly by the Hudson River, Easterly by the Tenth Avenue, Southerly by Sixty-seventh Street, and Northerly by Sixty-ninth Street, containing sixteen acres of land, or thereabouts. In trust, nevertheless, to and for the uses and purposes following, that is to say: To receive the rents and profits thereof until the year of our Lord one thousand WEST OF TENTH AVENUE. 535 jht hundred and sixty-four, provided my said grandchildren, tharine C. Talman and Sarah Talman, children of my de- ased son William Henry, or either of them, shall so long live, i to apply said rents and profits as follows, that is to say : i'^o equal eighth parts thereof to the use of my daughter, roline Talman ; two equal eighth parts thereof to the use of ■ daughter Sarah Augusta, wite of William C. Houseman ; o equal eighth parts thereof to the use of my daughter Cor- ia A., wife of Seward Barculo ; one equal eighth part thereof the use of my grandchild, Catharine C. Talman; one equal ;hth part thereof to the use of my grandchild, Sarah Talman." statrix directs that in 1864, or at the death of the survivor of i grandchildren, if it sooner occur, the said executors are to [ said premises and divide the proceeds among such children, ndchildren, or their issue, giving two-eighths to each child, her issucji and one-etghth to each grandchild or her issue, case any daughter sh£ll have previously died without issue, • share is to be divided among the surviving daughters or ir issue ; and in case of death of either grandchild without le, her share to go to the surviving grandchild or her issue. d appoints John H. Talman, John P. Yelverton and Joseph R. Blackwell her executors. 3y codicil dated 29th January, 1858, she appoints Cornelius in DeWitt an executor in place of Joseph G. Blackwell. 5y codicil dated 6th August, 1862, she appoints Edward Witt an executor in place of Cornelius John DeWitt, and 5 provides as follows : " I revoke the devise contained in the rth section of my said will of the tract or parcel of land rein particularly described upon the uses and trusts therein ntioned, and in lieu thereof I do give and devise the same my executors, and to the survivors and survivor of them, in st, nevertheless, to and for the uses and purposes following, t is to say : To sell and dispose of the same at such time or nes as they may deem most advantageous at public auction. 536 THE SOMARINDYCK FARM. and to execute and deliver to the purchasers thereof good and valid deeds of conveyance therefor in fee simple absolute, and the proceeds arising from the sale thereof to pay, distribute and divide to and among my children and grandchildren named in said fourth section of my said w^ill and their issue in the same proportions as is prescribed in said fourth section. Letters Testamentary were granted to Edward DeWitt on 33d May, 1S67. See Liber 24 Letters Testamentary, 261. ^ ,/r A DEED. The Mayor, Aldermen and J Commonalty of the City/ j^^^^^ ^^^^ j^^ ^ ^^^^ OF New York, \ p^^^^^ ^^^^ j^^^^ ^^^^ r- T^ ^,r^ 7- . ( Rec. 22d Jan., 1869. Edward De Witt, Executor of\ ^ ^ -^ \ lOQO Conveyances, log. Sarah Talman. ]„/ .,, ,, ^ ^ ^^/ j Cbnsid rat n, $i6,o66.07- Conveys all that piece or parcel of land and land under water situate, lying and being in the City of New York, bounded and described as follows, to wit : Beginning at a point in the centre line of Sixty-seventh Street distant one hundred and sixty-five feet Westerly from the Westerly side or line of Eleventh Avenue, and where the line of high water mark on the North or Hudson River intersects said centre line of Sixty-seventh Street ; thence Northerly along the said line of high water as the same winds and turns to the centre of Sixty-ninth Street ; thence Westerly along the centre of Sixty-ninth Street, or along a line drawn in continuation of said centre line in said North or Hudson River five hundred and seventy-five feet and seven-eighths of an inch to the bulkhead line as established and confirmed by the Act of the Legislature of the State of New York, passed April twenty- second, in the year one thousand eight hundred and sixty-eight, chapter two hundred and eighty-eight of the laws of that year; thence Southerly along said bulkhead line to a point on said line WEST OF TENTH AVENUE. 537 :h would intersect a line drawn through the centre of Sixty- nth Street, and in continuation thereof into said North or Ison River ; thence Easterly along said centre line of Sixty- nth Street on a line drawn in a continuation thereof nine ired and thirty-five feet to high water mark, the place of nning. Also all the estate, right, title and interest of the parties of the first part in the land under water in front of above described premises as far in the river as the rights of >aid parties of the first part extend. he portion of the above water grant which lies West of the c of the Hudson River Railroad became vested in William /"anderbilt. For deeds to him see 1521 Conveyances, 298 ; Conveyances, 290; 1528 Conveyances, 183, 187 and 195 ; 1533 Conveyances, 194. fHE Blocks between 69TH and 70TH Streets. hese are designated on the partion map by letters 1 and m, were set apart to Abigail Thorn, afterwards wife of William 'ock, by partition deed set forth ante page 429. .LiAM T. Cock and Abigail, MORTGAGE. his wife, f To secure $2,500. to > Dated 29th Nov., 1809. ,LIAM Edgar and John B.l Ack. 29th Nov., 1809. Miller. )Reg. 2d Dec. 1809. 21 Mortgages, 285. )NVEYS said lots " 1 " and " m,' 538 THE SOMARINDYCK FARM. William Edgar and John B. Miller to Rosamond B. Miller. DEED. Dated loth Jan., 1815. Ack. 28th Jan., 1815. Rec. loth May, J 816. 1 14 Conveyances, 213. Consideration, $2,800. Recites the preceding mortgage, default in its paymen the advertisement of the sale of the mortgaged premises for si months, and conveys the said premises pursuant to the pow( of sale. The said mortgage was also assigned to Rosamond B. Mi ler, to strengthen the title, by assignment, dated loth Januar^ 1815, and recorded in 35 Mortgages, page 189. DEED. Rosamond B. Miller to Jacob Barker. Conveys said two blocks m and I. Dated loth May, 181 5. Proved 26th May, 181 1 Rec. loth May, 1816. ' 1 14 Conveyances, 216. Consideration, $3,000. On the22d June, 1819, The Bank of Washington andWarre recovered a judgment against Jacob Barker for $y39,882.4< On 6th September, 1820, the said two blocks were sold t George R. Barker by virtue of a writ oijieri facias issued uncU said judgment. The certificate of sale was filed on loth Jar uary, 182 1. DEED. James L. ^yaa.'^ Sheriff, &-c., to George R. Barker. Dated 9th May, 1822. Proved loth May, 182: Rec. 13th May, 1822. 160 Conveyances, 106. Consideration, $42,400 Conveys all the interest of Jacob Barker on 22d June, i8k in said blocks M and L and other property. WEST OF TENTH AVENUE. 539 George R. Barker to MORTGAGE. To secure $42,400. ITZ G. Halleck, in trust for\ Dated loth Sept, 1820. The Bank of WashingtonI Ack, 23d Jan., 1821. AND Warren. iReg. 31st Jan, 1821. 52 Mortgages, 173. Covers, with other property, said blocks m and 1. The above mortgage was fraudulently discharged of record 1 20th May, 1822. George R. Barker to Fhe Dutchess County In- surance Company. MORTGAGE. Dated 23d Dec, 1823. Ack. 24th Dec, 1823. Rec 27th Dec, 1823. Gy Mortgages, 91. Recites that George R. Barker had borrowed large sums of oney from Fitz G. Halleck, trustee of the Bank of Washing- m and Warren, that said Bank was indebted to the said jtchess County Insurance Company for moneys advanced by 2m to said Bank, and that said Company had agreed to make •ther advances to said Bank, and conveys, with other property, 5 premises in question to secure all sums due or to become e from said bank to said company within next five years. Jacob Barker and Elizabeth, his wife, execute a release of wer which was recorded with the above mortgage at page 94. DEED. George Barker to Thomas I. Gardner. J Dated i8th May, 1830. 'Proved 27th May, 1830. Rec. 27th May, 1830. 263 Conveyances, 241. Consideration, $1. Conveys said premises, with other property in trust, to pay rtain claims therein specified. 540 THE SOMARINDYCK FARM. IN CHANCERY. Abijah Mann, Junior, Receiver of the Bank of WasJiington and Warren, vs. George R. Barker, The Dutchess County Insur-I ance Company, Thomas I. Gardner, Jacob Barker and' Elizabeth, /z/i- ivife, andotJiers. 1 83 1 — April 28. Lispendens filed to foreclose. 52 Mortgages, 173- May 30. Jacob Barker appears in person and for his wife. June 4. George R. Barker and the Dutchess County Insurance Company appear by D. Selden. 1832 — March 6. Judgment of foreclosure and sale. DEED. David Codwise, Master in Chancery, f Dated 12th June, 1832. , )Ack. 15th June, 1832. ( Rec. i6th June, 1832, Thomas SUFFERN. 1283 Conveyances, 632. 'Consideration, $10,000. Conveys said mortgaged premises. '^^^ \ DEED. Thomas Suffern and Janet, J his wife, A Dated 8th Dec, 1834, VAck. 8th Jan., 1835. ^ ( Rec. i6th Jan., 183c. Cornelius V. S. Kane. V 324 Conveyances, 118. / Considerat'n, $12,500. Conveys same premises. The water grant opposite the above described premises was made to Jonathan I. Coddington and Mary Ann Campbell and was recorded in 581 Conveyances, 628, and was conveyed to William H. Vanderbilt by deed recorded in 1525 Conveyances, 297. o^e^. yju)te4. mi ^ ^ 1 mmmmimmi^aji- u I t THE JACOB HARSEN FARM. The farm is included in the following patents : \ PATENT. Sir Richard Nicolls, i Governor, (S^c.,/ Dated 3d Sept., 1667. to \ Rec. in Sec'y of State's HOMAS Hall, Jan Vigne, / Office, at Albany, Egbert ,Wouters and Ja-I 2 Patents, 97. COB Leanders. 1 " Whereas there is a certain parcell of land lying and being 3on this Island Manhattans to ye North of ye Great Creeke or ill stretching alongst ye North River five hundred rods and inning in depth into ye Island three hundred rods a line being •awn Northeast, it contains in all about five hundred acres or /o hundred and fifty morgen." Conveys said premises to the patentees. The above patent appears to have been revoked and the llowing one given in its place. \j 7Ut SLJt,r,-f^xMyjL AcJf y iiu, />>y«^ -ykiA <^ «(<, In possession of Mr. Ja- MAN, deceased, [ cob Halsted. to \ Consideration, ;^225. Nicholas Dyckman. Recites seizin by Cornelius Dyckman in his life-time of a jrtain plantation, messuage, tenement, dwelling-house & lotts p;- 546 THE JACOB HARSEN FARM. ! parcells of land at or near a certain place called Bloomendale I in the outward of New York aforesaid, consisting of two parcelli |, of land whereof the first formerly was purchased by one Adrian Van Schaick &. granted to him by one Anthony Jan Evertse, a ffree negro, by a certain conveyance under his hand & scale bearing date the 23d day of March, in the year of Lord, 1697, & containing for quantity of acres & in breadth & length as in and by the said deed and other writings, documents thei^eof. Relation being thereunto had will appeare. The other parcell of land was formerly Granted unto Rebecca Van Schaick, wid- dow & relict of Adrian Van Schaick by Catherine Van Brugh, widdow & relict of Johannes Van Brugh, Peter Van Brugh, Eldest son of the said Johannes Van Brugh, by a certain con- veyance under their hands and scales bearing date the first day of April, Anno Dm., 1701, relation being thereunto had may more at large appeare, all of which parcells of land with their rights, members & appurtenances afterwards fully & wholly transferred and conveyed to the said Cornelius Dyckman by the said Rebecca Van Shaick, by deed of conveyance under her hand and scale bearing date the 26th day of April, Anno Dm. 1701, relation being thereunto had may more at large appear. Recites will of Cornelius Dyckman, Nov. 6, 1710, whereby he devised to his son George Dyckman one full half part of said plantation, and to his son Cornelius Dyckman, the other full half part theieof ; the same to be divided by a right line from Hud- son's River to the Eastermost bounds of the same (pursuant to whch said division each moyety of said land or plantation is to contain in breadth sixty English rodd and in depth back- wards into the woods Two hundred and fifty Rodd more or less), said George Dyckman to take his first choice of said land when so divided. Recites that said George Dyckman has accordingly made choice of the northermost half part of said lands, leaving the southermost half for said Cornelius Dyckman. THE JACOB HARSEN FARM. 547 Conveys " all that full, just, equall northermost moyety of the •ove recited plantation & parcells of land & premises. Last Will and Testamoit /Dated 29th May, 1758. of \ Proved 20th Sept., 1758. Nicholas Dyckman. I 21 Wills, 93. " I do hereby order and direct, and fully authorize and em- wer my executors hereinafter named, or the major part of 3m, and the survivors and survivor of them, to grant, bargain, \ and convey in fee simple, to any person or persons whom- ever, all- and singular my real estate, whatsoever and where- 2ver, either at publick vendue, as he or they can agree, or private sale, and to execute to the purchaser or purchasers od and sufficient deeds, writings and conveyances in the law the same, or any part thereof, to the purchaser or purchasers, reby willing and declaring that such deeds, writings and con- ^'ances so to be made and executed by him or them to the rchaser or purchasers shall be as good and sufficient in the V to convey an estate in fee simple to the purchaser or pur- isers as if the same were by me made and executed." He points John Harsen, Garret Cosine and Jacob Leroy his ;cutors." L,etters Testamentary were granted to John Harsen and rret Cosine. See same Liber, page 96. \ DEED. HN Harsen and Garret Co- i ;iNE, Executors of Nicholas f l^ated ist Mar., 1763. 3YCKMAN, V Ack. 22d Mar., 1763. to t Rec. 15th Sept., 1837. Jacob Harsen. p8o Conveyances, 161. /Consideration, ^1,2.10. !^ONVEYS all that and those messuages or dwelling houses and n or parcel of land late of the said Nicholas Dyckman, de- 54^ THE JACOB HARSEN FARM. ceased, situate, lying and being in the outward of tlie said City of New York, adjoining to Hudson's River, being in breadth at each end sixty rods, and in length on both sides two hundred and fifty rods, be the same more or less. Bounded Northwest- wardly by the said River, Southwestwardly by the common lands belonging to the Mayor, Aldermen and Commonalty of the said City of New York, Northeastwardly by the lands of Wylmitic Dyckman, and Southwestwardly by the lands of James Delancey, Esquire, containing ninety-four acres, be the same more or less. The title to the farm here diverges, the Southerly half part thereof being conveyed to Garret Cozine, and the Northerly half part to John Harsen. The Title to the Southerly Half. DEED. Jacob Harsen and Maritie, i Dated 3d Mar., 1763. his wife, f Ack. 22d Man, 1763, to } Rec. 15th Sept., 1837. Garret Cosine. \ 380 Conveyances, 164. / Consideration, £10. Conveys all that certain messuage or dwelling house and tract or parcel of land, being the Southwesterly moiety or half part to be divided from the Northeastwardly moiety or half part by a straight line running from Hudson's River parallel with and throughout the length of all that certain farm or parcel of land late of Nicholas Dyckman, deceased, scituate, lying and being on the outward of the City of New York, extending in length from Hudson's River aforesaid back into the island two hundred and fifty rods, and in breadth throughout the whole length sixty rods, the said Southwestwardly moiety or half part THE JACOB HARSEN FARM. §4§ ereof being in breadth throughout thirty rods, and in length ^o hundred and fifty rods, and containing about forty-seven res, be the same more or less ; bounded Northeastwardly by e said Northeastwardly moiety, Southwestwardly by the lands James Delancey, Esquire, Southeastwardly by the common nds belonging to the Mayor, Aldermen and Commonalty of e City of New York, and Northwestwardly by Hudson's iver aforesaid. Last Will and Testament /Dated i6th Feb., 1759. of \ Proved 22d Oct., 1773. Garret Cozine. Us Wills, 519. " First : After all my just debts be paid and discharged, I ve and bequeath to my loving wife, Jane Cozine, all my real id personal estate as long as she remains a widow, but if she aryes, only the one-third as long as she lives. Secondly. I queath to my son, Cornelus Cozine, all my apparel and five )und more than the third part of my estate. Thirdly. I be- leath to my daughter Cathern the one-thiid, unto my daughter annah one hundred pound more than the third of my estate, be paid by Cornelus Cozine and Cathern Cozine." Cornelius Cosine, son of Garret Cosine died unmarried, in- state and without issue, in i779- Hannah, daughter of Garret Cozine, died unmarried, intestate id without issue, in 1788. Thus Catharine, daughter of Garret Cozine, became vested ith the whole of the Southerly half of the tract in question, le intermarried with Jacob Harsen, on 20th January, 1773. er husband was a nephew of the Jacob Harsen hereinbefore st named. 550 THE TACOB HARSEN FARM. DEED. Jacob Harsen««^ Catharine, his tvife, to Gabriel Furman, Dated 28th May, 1790. Ack. 29th May, 1790. Rec. 24th Aug., 1790. 46 Conveyances, 239. Considerat'n, 5 shillingg Conveys, with other property, said Southerly half part of tl tract in question by similar description to the previous deed. DEED. Gabriel Furman and Sarah, Ids ivife, to Jacob Harsen. Dated 29th May, 1790.J Ack. 29th May, 1790. Rec. 26th Aug., 1790. 46 Conveyances, 246. Consideration, los. Conveys same premises by same description. In 1847 there was an action brought by Mrs. Meriam, granddaughter of Jacob Harsen, to set aside the above convej ance, made by him and Catharine, his wife, to Gabriel Furman^ on the ground that in the certificate of the acknowledgment of that deed the officer omitted to state that Mrs. Harsen acknowl- edged that she executed the same " freely." This action was tried before the Vice Chancellor of the first district, who sus- tained the conveyance. From his decision an appeal was taken to the Chancellor, who affirmed the same. See case of Meriam vs. Harsen, 2 Barbour, Chancery, 232. This decision was afterwards affirmed by the Courtof Appeals, but the opinion of the latter court is not reported. the jacob harsen farm. 551 The Title to the Northerly Half. DEED. lCOB Harsen and Maritie, his zvifc, \ Dated 23d Mar., 1763. to / In possession of Jacob John Harsen. \ Halsted, Esq. /Consideration, ;^io. Conveys all that certain messuage or dwelling house and ict or parcel of land, being the Northeastwardly moiety or If part to be divided from the Southwestwardly moiety or If part by a straight line running from Hudson River parallel th and throughout the length of all that certain farm or parcel land late of Nicholas Dyckman, deceased, situate, lying and ing in the outward of the City of New York, extending in igth from Hudson's River aforesaid back into the island two ndred and fifty rods, and in breadth throughout the whole igth sixty rods, the said Northeastwardly moiety or half part ing in breadth throughout thirty rods, and in length two hun- ed and fifty rods, and containing about forty-seven acres ; unded Southwestwardly by the said Southwestwardly moiety, Drtheastwardly by the lands of Wylmitic Dyckman, South- stwardly by the common lands belonging to the Mayor, Alder- 2n and Commonalty of the City of New York, and North- jstwardly by the Hudson's River aforesaid. Last Will and Testament f Dated 2d Dec, 1774. 0/ \ Proved 12th May, 1775. Johannes Harsen. \ 29 Wills, 392. " Item. I do hereby give full power, lawfull and absolute thority to my executors hereafter named to sell and dispose of my whole estate, both real and personall ; and I do here ^ 552 THE JACOB HARSEN FARM. further order my executors hereafter named to sell my place at private sale within the space of nine months' time after my decease, and if it cannot be sold in that space of time, then my children Cornelus, Cornelia, Maria and Ann are to stay on the place and in full possession, without any rent, the nine months above mentioned, and then to be sold at publick vendue." He appoints his sons Jacob and Cornelus and his friend Martinus Schoonmaker his executors. Jacob Harsen, Cornelius DEED. Harsen and Martinus /Dated lo-iith March, Schoonmaker, Executors of\ 1783. John Harsen, ( Not recorded, but in to y possession of Mr. Ja- Jacob Harsen (Cartman). \ cob Halsted. /Consideration, ^^945. Conveys said northerly half of the farm by the same descrip- tion. The grantee in this deed was the elder Jacob Harsen, uncle of the grantee in the following deed : DEED. i Dated 12th and 13th March, 1783. Not recorded, but in possession of Mr. Ja- cob Halsted. Consideration, ;!^io. Conveys same premises by same description. THE JACOB HARSEN FARM. 553 )RNELIUS HARSEN aild AnN, his zuife ; THOMAS RUCKMAN and May , his zvife ; ThomasI Hays and Ann, his wife, anal Cornelia Somerindyck, zvidozv, cliildren of ]0\\'H Har- SEN, to Jacob Harsen. DEED. Dated 12th and 13th March, 1783. Not recorded, but in possession of Mr. Ja- cob Halsted. Consideration, ^^756. I^ONVEYs the full equal undivided four fifths of same premises same description. [acob Harsen died on 24th July, 1S35, seised of the whole m. Last Will and Testament of Jacob Harsen. Dated 26th Mar., 1835. Proved 15th Sept., 1835. 74 Wills, 215. \fter certain bequests to his wife and others, testator provides follows : " I also give, devise and bequeath unto my said e Catherine my mansion house, buildings and lands thereunto onging (whereon I now live), situate at Harsenville, in the 'elfth Ward of the City of New York, on the Westerly side he Tenth Avenue, lying between the land of Jacob Barker I the land heretofore of Lieutenant-Governor Broome, and V or lately belonging to James Boggs, containing about ;en acres of land. To have and to hold the same unto my 1 wife for and during the term of her natural life. give, devise and bequeath unto my grandson, Jacob Harsen, mansion house, buildings and lands thereunto belonging 554 I'HE JACOB HARSEN FARM. (whereon I now live), situate at Harsenville, in the Twelfth Ward of the City of New York, lying and being on the Westerly side of the Tenth Avenue, and between the lands of Jacob Barker and the lands heretofore of Lieutenant-Governor Broome, and now or lately belonging to James Boggs, containing about fifteen acres of land, and also my lot, piece or parcel of land situate at Harsenville, in the Twelfth Ward of the City of New York, on the Westerly side of the Bloomingdale Road and the Easterly side of the Tenth Avenue (lately purchased by me), and bounded on the South by land now or late of David Carglll, the said lot, piece or parcel of land being a part of the Somarin- dyck estate, and which fell to William A. Hardenbrook and his wife on a division of the estate ; and also my gore or parcel of land situated at Harsenville, in the said Twelfth Ward of the City of New York, made and formed by the intersection of the Bloomingdale Road and the said Tenth Avenue, and adjoining on the Southerly side to the last aforesaid piece of land, except- ing thereout a small piece of land by me given and conveyed to the church at Harsenville : and also all that certain lot, piece or parcel of land, with the buildings and improvements thereon erected and made (being the same piece of land which was con- veyed to me by my son Cornelius and his wife, by deed dated the fourteenth "day of November, 1831), situate, lying and being at Bloomingdale, in the Twelfth Ward of the City of New York, bounded and containing as follows, to wit : Northwesterly on Hudson River as far as the right of me, the said Jacob Harsen, extends into said river two hundred feet ; Northeasterly by land belonging to the estate of John L. Broome, deceased, two hun- dred feet ; Southeasterly by land belonging to me, the said Jacob Harsen, two hundred feet, and Southwesterly by other land belonging to me, the said Jacob Harsen, two hundred feet ; and also all that certain lot, piece or parcel of land situate at Harsenville, in the said Twelfth Ward of the City of New York, on the Easterly side of the Bloomingdale Road and Northerly THE JACOB HARSEN FARM. 555 de of the Harsenville Road, and extending Easterly from the lid Bloomingdale Road to the lands called the common lands, ith the appurtenances, being all that certain lot, piece or parcel " land bounded Westerly by the said Bloomingdale Road, outherly by the Harsenville Road, Easterly by the said com- lon lands, and Northerly by lands of Lemuel Wells, excepting \d reserving thereout a small piece of land by me given and )nveyed to the Church at Harsenville, containing about one ;re. To have and to hold the said several pieces of land and •emises unto my said grandson, Jacob Harsen, his heirs and isigns, forever, subject, however, to the life estate of my wife atherine, in and to my mansion house and land hereinbefore jqueathed to her during her life. Item : I give, devise and bequeath unto my executors herein- ter named all that lot, piece or parcel of land situate, lying id being at Harsenville, in the said Twelfth Ward of the City New York, bounded Westerly by the Bloomingdale Road, ortherly by the Harsenville Road, Easterly by the Eighth venue, and Southerly by land formerly belonging to the jmarindyke estate and others. To have aod to hold the same my said executors, and the survivors and the survivor of em, for and during the natural life of my grandson, John iter Ritter Harsen, upon the trusts by me hereinafter men- )ned and expressed of and concerning the same. Item, whereas, I have hereinbefore given, devised and be- leathed unto my executors hereinafter named, sundry pieces land and premises, and also the sum of two thousand dollars, 3 have and to hold the same unto them, my said Executors id the survivors and survivor of them, during the natural life my grandson, John Peter Ritter Harsen, upon the trust to be ' me afterwards mentioned and expressed concerning the same, ow, therefore, I do hereby declare such trusts, and the said fts, devises and bequests are made to my said Executors, and M 556 THE JACOB HARSEN FARM. the several estates and the aforesaid sum of money are to be held by them upon the trusts following, that is to say : that my said executors let and lease the lands and premises so devised to them, at and for such rents as can be had and gotten therefor, and that they place the said sum of two thousand dollars at interest in some safe and secure manner in their discretion, and that they collect and receive all such rents and interest, and pay the same to my said grandson John Peter Ritter Harsen, for and during the term of his natural life. Upon the decease of my said grandson, John Peter Ritter Harsen, I give, devise and bequeath all and singular the lands and premises and sum of money so devised to my said Executors, during the life of my said grandson, unto and amongst the children of my said grand- son who shall be living at the time of his decease, and the de- scendants of such of them as shall have then deceased, such descendants, however, to stand in the place of, and take only the share or portion to which his, her or their parent or parents would have been entitled if living. To have and to hold the same to the children of my said grandson, and the descendants of such of them as shall have deceased, his, her or their heirs and assigns forever, in the proportions aforesaid, and in default of any such children of my said grandson or tlie descendants of any deceased child or children of my said grandson, I give, de- vise and bequeath all and singular the said lands and premises and sum of money unto and amongst my surviving grandchildren, the children of my said son Cornelius. To have and to hold the same unto them my said surviving grandchildren, their heirs and assigns forever. And lastly, I do hereby nominate, constitute and appoint my friends John A. Mildeberger, of the City of New York, Broker; and James Cockroft, of the same City, Physician, and my afore- said grandson, Jacob Harsen, to be the Executors and Trustees of and under this my last will and testament. THE JACOB HARSEN FARM. 557 Catherine Harsen, the wife of the testator, died before him, ti 8th May, 1S35. John Peter Ritter Harsen died June 10, 1842, intestate and ithout issue, never having married, leaving him surviving his -others and sisters (children of testator's son Cornelius) imely : 1. Jacob Harsen, M.D. 2. Cornelia Rachel Harsen, wlio had married Lyman hoades on 15th December, 1835. He died on 27th Novem- ;r, 1849. 3. Catharine Harsen, who had married Elijah Purdy on 24th jptember, 1840. He died on 6th October, 1871. 4. Magdalen Ritter Harsen, who had married William M. alsted, Junior, on 21st April, 1841. He died on 21st Octo- r, 1849. 5. Maria Elizabeth Harsen, who married Jacob Halstead, on st March, 1848. 6. Children of his deceased sister Joanna Ritter, wife of braham A. Prall. Joanna Ritter Prall, who had married Abraham A. Prall on th July, 1835, died on 8th December, 1838, intestate, leaving r husband, who died April loth, 1857, ^'^^ ^^^^ following Chil- ian : 1. Hannah Maria, who married Charles S. Webb in Decern -, 1865. 2. Catherine Harsen, who married Schuyler Skaats. 5. Joanna Henrietta Harsen, who married Nicholas E. Ten oeck on 27th April, 1865. He died 13th May, 1868. [. Cornelia Augusta, who married Rev. Eastburn Benjamin 26th April, 1861. J. Eliza A. Prall, unmarried. ). Magdalene Ritter Prall, who died i6th June, 1S54, unmar- i and without issue, leaving her sisters and father her sur- ing. 55^ THE JACOB HARSEN FARM. 7. Cornelius Harsen Prall, who died in May, 1S43, intestate, unmarried and without issue. It is claimed that under the decision of Moore vs. Lyons, 25 Wendell, 118, all the grandchildren who were living at the death of the testator took vested remainders in the land devised in trust for John Peter Ritter Harsen ; that upon the death of Mrs. Prall, her share descended to her children above named, and that upon the death of her son Cornelius H. Prall, his share descended to his father for life, with remainder to his sisters in fee. DEED. Dated 20th May, 1846. Abraham A. Prall /Ack. 20th May, 1846. to \Rec. 5th Oct., 1849. Jacob Harsen, M.D. \S^7 Conveyances, 321. Consideration, ^i. Conveys all the right, title and interest of the said party of the first part in the estates real or personal of Jacob Harsen, late of the City of New York, deceased, and all things apper- taining thereto. " In trust, however, to receive and collect the same, and apply the income thereof to the use and benefit of my children by my late wife Joann^ R., formerly Joanna R. Harsen, in manner following, that is to say : to apply the income thereof to the use and benefit of my said children equally during their minority." DEED. Dated loth July, 1837. Lyman Rhoades 7 Ack. loth July, 1837. to \Rec. 1 2th July, 1837. Joseph Rhoades. \ 377 Conveyances, 262. Consideration, $500. Conveys all his right, title and interest to all lands or real estate lying in the City of New York, which was given to my THE JACOB HARSEN FARM. 559 wife, Cornelia Rachel, by her grandfather Jacob Harsen, by his will, dated March twenty-sixth, in the year of our Lord, one thousand, eight hundred and thirty-five. DEED. Joseph RHOADESrt«n the death of her husband, trustee, as well as executrix, of the istate of James Boggs, under his will, so that she could exeixise he power of sale therein contained, and whether the trust had lot vested in the Supreoie Court. The petition further states hat William Van Hook, the executor named in the will of ames Boggs, was dead, and that no one was interested in his state except the petitioner and said Mary R. Ray, and that the )remises was vested in them as heirs-at-law of James Boggs, ubject to the trust estate in his executors and the exercise of ^^e power of sale, and asks that, to remove all doubt, the said 4!ary R. Ray be appointed trustee, with full power to sell the )remises. An order was entered accordmgly on the same day. 572 THE TACOB HARSEN FARM. Mary Rebecca Ray, in her oivn right, and as Executrix of Richard Ray, and as sole sur- viving Trustee under the icii/i of James Boggs and Robert Ray, Executor of Richard Ray, deceased ; JULIA A. LIV- INGSTON, tvife of Lewis Liv- ingston, and the said LEWIS ' Livingston, to GusTAVus A. Sacchi. DEED. Dated ist April, 1867. Ack.j5th April, and 7th and 9th May, 1867. Rec. 6th June, 1867. 1016 Conveyances, 401. Consideration, $400,000. Conveys all that piece or parcel of ground belonging to the parties of the first part at Bloomingdale, in the City, County and State of New York, and which is bounded as follows: On the North by the grounds of the New York Orphan Asylum, on the South by the lands lately belonging to Jacob Harsen, de- ceased ; on the East by that part of Broadway known as the Bloomingdale Road, and on the West by the Hudson River, being the former country residence of the late James Boggs, deceased, and known as " Chevilly," together with all the ap- purtenances thereunto belonging, and also all the rights of the parties of the first part to the water front thereof, and also all reversionary right to strip of land conveyed to the Hudson River Railroad Company in 496 Conveyances, 428. Arthur Constant DuBois Baron De Courval, of the. Empire of France, and Mary,' his zvife, to Gustavus a. Sacchi. Conveys same premises. DEED. Dated 22d April, 1867. Ack. 7th May, 1867. Rec. 6th June, 1867. 1016 Conveyances, 399. 'Consideration, $1. THE JACOB HARSEN FARM. 573 DEED. James B, Livingston to GUSTAVUS A. Sacchi. Dated 20th May, 1867. Ack. 2 1 St May, 1867. Rec. 6th June, 1867. 1016 Conveyances, 398. Consideration, $1. Conveys same premises. See releases of judgment recorded in same liber, pages 395 and 397. DEED. Dated 22d Oct., 1867. Lewis H. Livingston, Junior, V Ack. 22d Oct., 1867. to . > Rec. 7th Jan., 1868. GuSTAVUS A. Sacchi. \ 1036 Conveyances, 278. Consideration, $i. Conveys same premises. ALPHABETICAL INDEX, BY NAME, OF TRACTS. Pages. Astor and Cutting Tract 115 to 158 Cosine Farm — General Title 327 " 34° " " West of Bloomingdale Road 341 "388 " " East of Bloomingdale Road 389 " 422 Eden, Medcef, Junior, Tract 57 " 62 Emmet, Thomas Addis, Tract 89 " 114 Harsen, Jacob, Tract 54i " 573 Hopper Farm — General Title 199 " 204 Cutting, Gertrude, Piece 259 " 266 Hopper, Andrew, " 205 " 220 Horn, John, " 251 " 258 Meinell, James, " 221 " 250 Striker and Mott " 267 " 326 Kelly, Charles, Tract I59 " 188 Norton, John L., Tract 27 " 42 Norton, Robert Burrage, Tract 3 " 26 Rose, William L., Tract 79 " 88 Somarindyck Farm — General Title 423 ' 432 " " East of Eighth Avenue 433 " 446 " '• Between Eighth and Ninth Avenues 447 " 468 Between Ninth and Tenth Avenues 469 " 49^ West of Tenth Avenue 499 ' ' 54° Tysen and Williams Tract 63 " 78 Webbers, Philip, Tract 189 " 198 Wright, William, Tract 43 " $6 e i ) ■ , 1 1 LIBRARY OF CONGRESS HumniimmiM'u 014 222 858 liii ■ill i