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NEW BRIGHTON ASSOCIATION.

Articles of Association and Agreement, made this
thirtieth day of April, in the year of our Lord
one thousand eight hundred and thirty-six, by
and between the several persons whose names
and seals are hereunto subscribed and annexed.
Whereas the several persons whose names are
hereunto subscribed, under date of the thirtieth day
of April, in the year one thousand eight hundred
and thirty- six: that is to say, Joseph L. Joseph,
Henry Dudley, James L. Curtis, James B. Mur
ray, and George A. Ward, have purchased from
Thomas E. Davis of the city of New York* for the
price or sum of six hundred thousand dollars, and
are the owners in fee of all that certain piece or
parcel of land, situate in the town of Castleton, in
the county of Richmond, and state of New York,
bounded as follows : Beginning on the north side
of Staten Island, at a point on the Kill Van Kull,
where the easterly boundary line of judge Tysen's
land strikes high water mark; thence along high
water mark in an easterly direction four thousand
and thirty-three feet, more or less, to New York
bay ; thence still along high water mark on New
York bay north-easterly three hundred feet, more

or less; thence south-easterly nine hundred and
eighty feet, more or less; thence easterly three
hundred feet; thence in a south-easterly direction
two thousand feet; thence still along high water
mark, curving gently, and still keeping a south
easterly direction, one thousand and fifty feet, more
or less,' to the brick wall of the United States'
Quarantine Ground; thence westerly along the
line of the said United States' Quarantine Ground
one thousand two hundred and fifteen feet,
more or less, to the easterly side of a street or
road called Tompkins Avenue ; thence southerly,
and at right angles to the last mentioned line
along a brick wall, which is the easterly boundary
of Tompkins Avenue and the westerly boundary
of said United States' Quarantine Ground, one
thousand one hundred and fifty-five feet, more or
less ; thence at right angles to the last mentioned
line in a westerly direction, and crossing Tomp
kins Avenue, eighty-five feet ; thence in a north-
Avesterly course along a stone wall five hundred
and sixty-two feet, more or less, to a board fence,
being the easterly boundary of doctor Westervelt's
property ; thence in a northerly direction along the
east bounds of doctor Westervelt's property one
thousand three hundred and eighty-seven feet,
more or less ; thence westerly, or nearly so, along
doctor Westervelt's north bounds nine hundred
and fifty feet,^where the line inclines a little to the
south of the last mentioned line, but still along
doctor Westervelt's north boundary, four hundred

and eighty-seven feet ; thence in a southerly di
rection along said Westervelt's west bounds two
thousand two hundred and seventy feet, more or
less, to the Richmond Turnpike Road; thence
along the north-west side of Richmond Turnpike
Road in a south-westerly direction two hundred
and fifty feet ; thence still along the turnpike road
five thousand four hundred and fifty feet, to a point
where the land of James Bradley strikes the said
road ; thence along the north bounds of said land
in a north-westerly direction on the line of a stone
wall three hundred and fifty-six feet, more or less;
thence in a north-easterly direction, still on the line
of said James Bradley's land and along a rail fence,
three hundred and forty feet ; thence nearly north
two hundred feet ; thence in a north-westerly di
rection two hundred and ten feet, to the margin of
a pond of fresh water ; thence across the said pond
in a line parallel with a street called Twenty-eight
street on the map hereinafter mentioned, to a small
stream, being the outlet of the said pond ; thence
along said stream about two hundred and twelve
feet; thence south five hundred and thirty-seven
feet along the east bounds of said James Bradley's
land, on which there now stands a rail fence ;
thence south-westerly, still along the rail fence, one
thousand one hundred and five feet, more or less,
to the line of woodland of Joshua Sutton, being
the south-west corner of a piece of land heretofore
belonging to one Jasper Codmas, and conveyed by
him to the said Thomas E. Davis; thence in a di-

6
rection a little to the west of north, along the west
line of the said property so conveyed by said Cod-
mas as aforesaid, two thousand five hundred and
fifty feet ; thence north-easterly along the northerly
bounds of said last mentioned property one thou
sand two hundred and sixty-six feet, more or less ;
thence north-westerly along the east line of land
now or late belonging to George Codmas, to the
south-east corner of the property of the Trustees of
the Sailor's Snug Harbor; thence north-westerly
along the said trustees' east boundary line four
thousand and five hundred feet to the south-west
corner of John Tysen's lot ; thence easterly along
said Tysen's lot one hundred and twenty feet one
inch, to land sold to Joseph Meeks ; thence north
westerly along said Tysen's easterly boundary five
hundred and twelve feet five inches, to the place
of beginning ; and also all lands under water in
front of any part of the said tract of land above
described, in so far as the said parties of the first
part are seized of or entitled to, and can lawfully
convey the same ; which said tract, piece or parcel
of land, is the same tract of land laid out into streets
and blocks, and upon a map thereof entitled " Map
of New Brighton Property, belonging to the New
Brighton Association, in the town of Castleton,
county of Richmond, and state of New York, sur
veyed and drawn by J. Lyons," and filed, or intend
ed so to be, in the office of the Clerk of the County
of Richmond ; and which tract of land consists of
various pieces or parcels of land purchased by the

said Thomas E. Davis from various persons, each
purchase being on the said map distinguished by
different coloring, and to which reference for
greater certainty is made, saving, excepting, and
reserving out of the said tract above described the
following pieces or parcels of land, not purchased
by the said Thomas E. Davis, and not colored on
the said map: that is to say, a certain piece of
ground situate between a certain street laid down
on said map as South street on the south, a cer
tain street laid down on said map as Richmond
Terrace on the east, Jay street on the west, and
a road or lane leading down to New York bay on
the north, and which on the said map is marked
"Fountain, not purchased:'''' the said piece of
ground so designated on the said map being the
property of one Garrit Fountain, and the exception
being intended to apply to so much and such part
thereof as is actually owned and possessed by the
said Fountain, or his assigns, and no more. Ex
cepting also another piece of land within the tract
above described, but not colored on the map
aforesaid, situate between the lane last above men
tioned on the south, a street laid down on said
map as Wall street on the north, another street
called Stuyvesant street on the east, and Tomp
kins street on the west, and marked on said map
" Catlin, not purchased:" the said last mentioned
piece of ground so excepted as aforesaid being the
property of the heirs or devisees of Lynde Catlin,
deceased, and the exception being intended to ap-

8
ply to so much and such parts thereof as are ac
tually awarded and possessed by the said heirs and
devisees, or their assigns, and no more. Excepting
also a certain other piece of ground within the
tract above described, but not colored on the map
aforesaid, bounded on the east by Tompkins street
aforesaid; on the west in part by land of doctor
Westervelt, and in part by a street on said map
called Montgomery street ; on the north by Wall
street ; on the south by a piece of land colored
blue on said map, and distinguished thereon as
land conveyed by John B. Simonson to Thomas
E. Davis, the said piece of land so excepted being
marked on the map aforesaid by the name of " Ha
zard, not purchased," and being the property of
Robert M. Hazard, and the exception being in
tended to apply to so much and such parts thereof
as are actually owned and occupied by said Ha
zard, or his assigns, and no more. Saving and ex
cepting also a certain other piece of land within
the tract aforesaid, not colored on the map afore
said, situate between Ninth street as laid down on
said map on the south, Sixth street on the north,
Franklin Avenue on the west, and York Avenue
on the east ; bounded on the south and east by a
piece of land colored on the map aforesaid in
brown, and on the north and west by another
piece of land colored green, the said piece so ex
cepted being marked on the map aforesaid, " Hallf
not purchased" and being the property of one Jo
seph Hall, and the exception being intended to ap-

9
ply to so much and such parts thereof as afe ac
tually owned and occupied by the said Joseph
Hall, or his assigns, and no more. Excepting also
another piece of ground within the tract first above
described, but not colored on the map aforesaid,
and situate between Twenty-eight street laid down
on said map on the south, Twenty-second street on
the north, Lafayette Avenue on the east, and the
lake or pond above mentioned and Clinton Ave
nue on the west, the said piece so last excepted
as aforesaid being marked on the map aforesaid
with the name of " Bradley, not purchased" and
being the property of one James Bradley, and
this exception being intended to apply to so much
and such parts thereof as are actually owned and
occupied by the said James Bradley, or his assigns,
and no more. Saving and excepting also out of the
said tract of land first above described the follows
ing pieces or parcels, part of the said tract, which
have been sold and conveyed by the said Thomas
E. Davis ; that is to say, all that certain tract,
piece or parcel of land, situate, lying and being in
the town of Castleton, county of Richmond, and
state of New York, and bounded as follows^ to wit :
commencing at a point on the southerly side of
Richmond Terrace, distant in an easterly direc
tion three hundred and fourteen feet eleven inches,
from the south-easterly corner of Hamilton Avenue
and Richmond Terrace ; thence running southerly
two hundred and seventeen feet four inches,

10
to Tompkins Avenue *; thence easterly along the
northerly side of Tompkins Avenue* sixty-nine feet
four inches; thence northerly two hundred and
thirty feet to Richmond Terrace ; thence westerly
along the southerly side of Richmond Terrace
ninety-nine feet two inches, to the point of begin
ning, as the same premises are now enclosed, be
the said several dimensions more or less; which
said, last mentioned premises were conveyed by the
said Thomas E. Davis and wife to Peter Sttryve*
gant, by deed, bearing date the 23d day of Decem
ber, 1835. Also, all that property situate and lying
in the township of Castleton, in the county of
Richmond, and being in that part of Staten Island
now called New Brighton, bounded by a line com
mencing on the southerly side of the present road
sixty feet in width, designated Richmond Terrace,
at a point distant in an easterly direction one hun
dred and twenty feet from the line of the Trustees of
the Sailor's Snug Harbor; stretching thence easterly
along the southerly side of the said road called Rich
mond Terrace one hundred and ten feet and five in
ches, to the south-westerly corner of Tysen street
and Richmond Terrace; thence southerly along
the westerly side of said Tysen street five hundred
and twenty-eight feet to Second street; thence
westerly along the northerly side of Second street
two hundred and one feet, to the line of the said
Trustees ; thence northerly along the said line one
* This name has since been changed to that of Carroll Place.

11
htindred and thirty-two feet and five inches, to the
gomth- westerly corner of the property of Jacob Ty
sen ; thence easterly along the line of said Tysen
one hundred and twenty feet and one inch ; and
thence northerly three hundred and ninety-nine
feet and five inches, to the place of beginning :
bounded northerly by Richmond Terrace and pro
perty of Jacob Tysen ; westerly by property of said
Tysen and of the Trustees of the Sailor's Snug
Harbor; southerly by a street sixty feet in width,
called Second street ; and easterly by a street forty
feet in width, called Tysen street, containing sixty-
seven thotisand seven hundred and thirty-four
square feet and three-fourths of a square foot,
more or less. Also, all that property bounded by
a line commencing at a point distant from the
north-easterly corner of the property belonging to
said Tysen sixty feet, and one hundred and twenty
feet from the line of the Trustees of the Sailor's
i
Snug Harbor ; running thence northerly and pa
rallel to the last mentioned line one hundred and
eight feet, to low water mark; thence easterly
along said water mark one hundred and eighteen
feet to Tysen street ; thence southerly along the
western side of Tysen street one hundred and
three feet, to Richmond Terrace ; and thence
westerly along the northerly side of Richmond
Terrace one hundred and eleven feet ten inches,
more or less, to the point of beginning : bounded
northerly by the Kill Van Kull ; easterly by a street
forty feet in width, called Richmond Terrace ; and

12
westerly by the property of the said Thomas E.
Davis ; which said premises were conveyed by the
said Thomas E. Davis and wife to John and Jo
seph W. Meeks, by deed, bearing date the thirty-
first day of December, 1835. Also, all that certain
other piece or parcel of land, with the buildings
thereon erected, situate, lying and being in the
town of Castletonj county of Richmond, and state
of New York, and bounded as follows, to wit : com
mencing at a point on the southerly side of Rich
mond Terrace, distant in an easterly direction one
hundred and sixteen feet two inches, from the
south-easterly corner of Hamilton Avenue and
Richmond Terrace ; thence running south-east
erly one hundred and ninety-one feet to Carroll
Place ; thence easterly along the northerly side of
Carroll Place seventy- five feet nine inches ; thence
northerly the width of the stable fifteen feet nine
inches ; thence north-westerly one hundred and
eighty-six feet seven inches to Richmond Ter
race ; thence westerly along the southerly side of
Richmond Terrace seventy-four feet seven inches,
to the point of beginning, as the same premises are
enclosed, be the said several dimensions more or
less, and however otherwise the said premises are
known, distinguished, bounded or described ; which
said premises were conveyed by said Thomas E.
Davis to Henry P. Robertson, by deed, dated the
19th day of October, 1835. Also, all that certain
other piece or parcel of land, situate, lying and
being in the said township of Castleton, in the

13
county of Richmond, and state of New York, be
ginning at the south-easterly corner of two certain
streets laid out on the aforesaid map of New
Brighton as Tysen street and Richmond Ter
race ; thence running westerly twenty feet, to the
centre of said Tysen street ; thence southerly, and
along the centre of said Tysen street, three hun
dred and forty-nine feet ten inches, more or less ;
thence easterly three hundred and twenty feet,
more or less, to the westerly side of Clinton Ave
nue ; thence northerly, and along the westerly side
of Clinton Avenue, to Richmond Terrace ; thence
along the southerly side of Richmond Terrace to
the place of beginning ; which said premises were
conveyed by the said Thomas E. Davis and wife
to Newton Hayes, by deed, dated January the first,
1836 : which said piece or parcel of land has been
conveyed to them by the said Thomas E. Davis in
fee simple, by a certain indenture of conveyance,
bearing date the twenty-ninth day of April, in the
year one thousand eight hundred and thirty-six :
and the said Joseph L. Joseph, Henry Dudley,
James L. Curtis, James B. Murray and George A.
Ward, in order to secure a portion of the conside
ration money of said piece or parcel of land, have
executed to the said Thomas E. Davis their seve
ral bonds, conditioned for the payment of various
sums, amounting in the whole to the sum of four
hundred and forty thousand dollars, on or before
the twenty-ninth day of April, which will be in the
year one thousand eight hundred and forty-one,

14
with interest at the rate of seven per cent* pep saa-
num, payable semi-annually ; and have also exe
cuted and delivered to the said Thomas E. Davis
their mortgage upon the said piece or parcel of
land so conveyed to them, to secure the paymeat
of the said bonds, with interest as therein named,
as by the said deed, bonds and mortgage, or the
record ©f the said deed and mortgage in the office
of the Clerk of the county of Richmond may,
reference being thereunto had, more fully ap
pear : And whereas the said persons, purchasers
above named, have, for the purpose of paying
off the mortgage on said premises, and for the
more convenient sale and disposition of their
said lands, executed to Louis M'Lane, Frede
rick Bronson and Edward A. Nicoll, by inden
ture of the date of the thirtieth day of April,
one thousand eight hundred and thirty-six, a con
veyance of the said lands in trust, for the pur
pose of disposing of said lands to pay off the said
incumbrance, and with a further power in trust
to sell the residue of the said lands, and account
for the proceeds thereof to the said persons, pur
chasers as aforesaid, their heirs, executors, admin
istrators and assigns, or to whomsoever they shall
authorize and appoint to receive the said proceeds,
and in such shares and proportions as they shall
authorize, appoint and direct, as by reference to
said trust indenture, for the more particular des
cription of the said trust, and the said trust power,
its provisions, purpose, object and execution, will

15
more fiilly and at large appear: And whereas itm
understood that the said Thomas E. Davis is willing
to facilitate the prosecution of the aforesaid objects,
so far as he can do consistently with his own securi
ty, and it has therefore been agreed by and between
the said purchasers and the said Thomas E- Davis,
that they should so convey the said lands to Louis
M'Lane, Frederick Bronson and Edward A. Ni-
coll, three Trustees, mutually chosen and agreed
upon between the parties in trust, to sell the said
lands, at such times, in such proportions, for such
prices, on such terms of credit, and to such per
sons, either at private or public sale, as to them
might seem best, and out of the proceeds of such
sales as they might from time to time realize, to
pay the said Thomas E. Davis the full amount
of money mentioned in and secured by the said
bond and mortgage so given to him as aforesaid,
with the interest thereof, holding whatever securi
ties they the said Trustees might take upon any
such sales in trust, for the benefit of the said Tho
mas E. Davis, until the whole amount secured to
him as aforesaid should be liquidated, and that the
said Thomas E. Davis should, upon such sales, and
at the request of the said Trustees, release any
piece or parcel of land sold by them as aforesaid
from the lien and operation of his said mortgage :
And whereas the said purchasers above named,
and so subscribing this agreement, have divided
the amount of their interest in the nett proceeds of
said lands to accrue from the sales thereof under

16
the trust power aforesaid, after paying off and sa
tisfying said mortgage, and all the expenses of said
trust and sales, into sixteen hundred shares, each
of the said shares to be of the same equal amount
with each other, and each respectively equivalent
to the same equal proportion of said proceeds with
each other share, so that the owner of each and
every share, his executors, administrators and as
signs, respectively, shall be entitled to receive on
such share, from the nett proceeds of said sales as
aforesaid, such proportion and part thereof as said
share bears to the whole number of shares afore
said, into which the nett proceeds to accrue as
aforesaid have been so divided : And ichereas, for
the more convenient management of the interest of
all parties now interested, or who may, under this
agreement, hereafter become interested or entitled
to any part of the said proceeds when they accrue,
as owner or owners of any such shares, it has been
deemed important to settle and determine, by ar
ticles of agreement for that purpose, among all and
every person or persons who shall subscribe these
presents, or who now is or hereafter may become
so interested, the terms and conditions on which
all or any person or persons whatever may or
shall become interested in any of the said shares so
held by the Association hereby created, for the pur
pose aforesaid, in this agreement herein before ex
pressed, and to provide for the terms, mode and
conditions relating to the transfer of such shares,
or any interest therein ; and for settling, fixing and

17
determining the respective and mutual rights, du
ties and obligations with and among each other,
of all persons who may subscribe these articles, or
become interested in said shares, as members of
the said Association. Now therefore this Agree
ment witnesseth, That as well the persons afore
said, purchasers as aforesaid, as all and every
ether person and persons whose names are hereto
subscribed, have, and- do by these presents, for and
on behalf of themselves respectively, and their re
spective heirs, executors, administrators and as
signs respectively, covenant and agree to and
with each other respectively, and with every and
all others whose names are or shall be hereto sub
scribed ; and with their respective heirs, executors,
administrators and assigns, and for the carrying
into effect the object aforesaid, they, and each and
every of them, and their respective heirs, execu
tors, administrators and assigns, shall and will
well and truly perform, abide by, fulfil and keep in
all things, the several articles, agreements, matters
and things to be done, performed, fulfilled and
kept, and specified in the articles hereto annexed,
and every of them ; and it is hereby declared and
agreed, that in the management of the interests of
the said Association, the following Articles of As
sociation are hereby made, had, entered into, and
agreed upon, by and among them respectively
with each other, as binding, conclusive and obliga
tory on them and each of them, and their respective
heirs, executors, administrators and assigns, in all
c

18
things to be kept, performed and fulfilled, accord
ing to their true intent and meaning, in all things
as therein contained or expressed; and that the
rights and interests of them and each and every of
them, and their respective heirs, executors, admin
istrators and assigns, in the premises, shall be at
all times subject to, bound by, and subordinate in
all respects whatever to, all and singular such Ar
ticles of Association and Agreement ; which said
articles of Association and Agreement are as fol
lows, namely : ARTICLE I.
The name and style of this Association shall be, The
New Brighton Association ; and all persons who shall sub
scribe these presents, and hold one or more shares of the
stock of this Association, shall be members thereof.
ARTICLE TI.
The capital of this Association consists — First, of six
teen hundred shares, and each of which shares represents,
and is entitled (subject to the terms and conditions in these
articles contained) to the one sixteen hundredth part of the
nett proceeds of the lands aforesaid, which may result from
the execution of the trust power aforesaid :• — Secondly, of
the further sum of one hundred and sixty thousand dollars,
to be paid to the Directors of this Association in money,
by the shareholders, as hereinafter provided; each and
every of said shares, and all right, title, beneficial interest
and demand whatever, at law or in equity, of every
shareholder in this Association, and their respective heirs,
executors, administrators and assigns in the said proceeds,

19
and in the capital of this Association ; and all right, title,
beneficial interest and demand whatsoever, at law or in
equity, which any person or persons may be entitled to or
acquire in anywise howsoever in the same, by becoming
the holder, owner, or assignee of any such share or shares,
or in respect of the lands aforesaid, or any beneficial es
tate, right, title, or interest therein, in equity or otherwise,
is hereby declared and agreed to be irrevocably subject to
and bound by the. trust power aforesaid so granted and
created, and which power every person subscribing these
presents doth, for himself, his executors, administrators
and assigns, hereby grant, confirm, approve and ratify;
and no transfers of any such share or shares shall be made
to any person or persons whatever, except on condition
that the said share or shares shall be and remain as afore
said so subject to the said trust power.
ARTICLE III.
For the purpose of raising the aforesaid sum of one hun
dred and sixty thousand dollars, it is agreed, by and between
the parties to these presents, for themselves, their heirs, ex
ecutors, administrators and assigns respectively, that the
sum of one hundred dollars on each share aforesaid shall be
paid to the Directors aforesaid, at such time and times, and
in such proportions, from time to time, as the same shall be
called for, according to the articles, as hereinafter provid
ed ; and each and every of the subscribers hereto do respect
fully contract and agree, for themselves, their heirs, exe-
tors, administrators and assigns, to and with each other,
and all the others, subscribers hereto, and to and with all
who shall become shareholders in conformity to these arti
cles, and their respective heirs, executors, administrators
and assigns, that he and they respectively, will and shall
pay the said calls as they may be made from time to time

20
on the said shares respectively under these Articles of As
sociation, as hereinafter provided for.
ARTICLE IV.
The capital, property, affairs and concerns of this Asso
ciation shall be managed by eleven Directors, to be annu
ally chosen by the shareholders for the time being, from
among the said shareholders ; and each of whom shall hold,
in his own right, at least ten shares of the capital stock of
this Association : and whenever any Director shall cease to
hold ten shares of said capital, his place shall be deemed
vacant, and all his powers as a Director shall cease.
ARTICLE V.
Philip Hone, Samuel R. Brooks, James B. Murray,
John S. Crary, John N. Gossler, Henry Dudley, James L.
Curtis, Joseph L. Joseph, Robert L. Patterson, Peter
Stuyvesant and Thomas E. Davis shall be the first Direc
tors ; and each of them, continuing in life, shall remain in
office until the first Monday of May, one thousand eight
hundred and thirty-seven — unless he shall resign, or be
removed by the members of the Association in the manner
hereinafter provided, or by competent judicial authority.
ARTICLE VI.
Any Director or Trustee may resign, and discharge
himself of his trust, by an instrument in writing addressed
to his co-directors or co-trustees ; but shall remain subject
to all legal liabilities for his conduct whilst a Director or
Trustee.
ARTICLE VII.
Whenever any vacancy shall happen among the Direc
tors, such vacancy shall be filled up by such person as the

21
remainder of the Directors for the time being shall, by
instrument in writing under their hands and seals, appoint
from among the members of the Association having the
competent number of shares.
ARTICLE VIII.
The Directors shall have power, by notices to be given
by publication in three newspapers printed in the city of
New York for two weeks, to call for the payment of instal
ments on the shares of the Association, payable at such
times, in such proportions, and at such places as, from
time to time, they may direct, until the full sum of one
hundred and sixty thousand dollars in money shall have
been actually paid, and the whole capital of the Associa
tion thereby made complete. All calls on said capital
shall be paid in gold or silver, or in bank notes of equiva
lent value, and the payments shall be made to the Direc
tors for the time being, or their agent, and at such places
as they shall in their notices designate ; and each person
subscribing this Indenture, either as an original member
of this Association, or as the assignee of any share or
shares to be transferred to him, does hereby, for himself,
his heirs, executors, administrators and assigns, covenant,
promise and agree to and with every other member and
all other the members of this Association for the time
being, that if they, or either or any of them, or their
heirs, executors, administrators and assigns, shall not
well and truly pay to the Directors of this Association
for the time being, or their lawful attorney, every such
sum, and all such sums of money, as may be so called
for by the Directors for the time being, upon the said
shares, at the time and place, and in the manner to be re
quired in and by such calls, then the share and shares of
every member of this Association, their heirs, executors,

22
administrators and assigns, on which such payments are
not and shall not be so punctually paid and made, shall be
forfeited, and accrue to the remaining other members and
proprietors in this Association ; and all the beneficial right,
title and interest of such person and persons so failing to
make such payments punctually in all and every part of the
proceeds aforesaid, and of the capital of this Association,
shall cease and determine, and accrue to the other remain
ing members of this Association, without any liability at
law or in equity to account to such person or persons so
forfeiting their said shares for any part of such proceeds, or
of the capital aforesaid, in any wise howsoever ; and the
Directors for the time being shall have power to re-sell the
said shares, and issue new certificates, for the benefit of
the said remaining members ; or, in case the said shares
be not sold before the termination of the trust, and the
execution of the trust powers before referred to, the said
share or shares shall be deemed to be extinguished, and
the proprietors of the remaining shares entitled to the
whole proceeds of the lands when sold.
ARTICLE IX.
The Directors shall keep an office in the city of New
York, for the transaction of the business of the Associa
tion, at which books shall be kept containing full and regu
lar accounts of the receipts and expenditures of the Asso
ciation, and of all its transactions, interests and concerns ;
which books shall at all times be open to the inspection of
every member of the Association.
ARTICLE X.
The Directors shall also keep a book at said office, in
which shall be registered the names of all the members of
this Association ; and within ten days after the execution

23
of this Indenture, they shall deliver to each member a cer
tificate, signed by their President and Secretary, of the
number of shares held by him, in the following form :
This certifies, That  is proprietor of  shares,
(each share being one sixteen hundredth part of the capi
tal and beneficial interests of the New Brighton Associa
tion,) created and acquired in pursuance of the Agreement
and Articles of Association entered into for the formation
of said Association, by the members thereof, and dated the
 day of  . The said shares are subject to all
the conditions, covenants and charges contained in said
agreement and articles, or authorized thereby, as will
more fully appear by reference thereto: and the said
shares are also transferable by assignment, with the writ
ten consent of the Directors of said Association, and not
otherwise, and in the manner provided and stipulated in
the said Articles of Association, and on the terms and con
ditions, and subject to all the rights, duties and obligations
therein contained, agreed upon and expressed.
ARTICLE XL
The money capital of this Association, including all
sums of money that may in any way come to the hands of
the Directors, and the beneficial interests represented by
said shares of the several shareholders, and also the bene
ficial interests, profits and advantages accruing under or
from these Articles of Association, shall be, and are here
by declared and agreed to be, personal property ; and on
the death of any shareholder, his share and interest shall,
for all the purposes of this agreement, be represented by
his personal representatives, and not his heirs at law ; and
such heirs at law shall at no time claim any estate, title, or
interest, legal or equitable, therein.

24

ARTICLE XIL
Shares in the capital of this Association may be trans
ferred from time to time by the holder thereof, or his per
sonal representatives, by assignment endorsed on the cer
tificate of such shares, provided the Directors consent in
writing to such transfer : such consent to be evidenced by
the certificate of the President or the Secretary for the
time being, endorsed on the certificate of such shares ; and
provided, also, that the assignee to whom such share or
shares shall be transferred, shall, in person or by his lawful
attorney, before such shares shall be transferred, or at the
time thereof, affix his name and seal to this Indenture, and
become a party thereto. The form of such assignment
shall be as follows :
For and in consideration of  dollars, and by and
with the copsentof the Directors of the Association within
named, I hereby assign and transfer to  ', and to his
executors, administrators and assigns, all my right, title
and interest in  shares of the capital and beneficial
interests of the New Brighton Association, subject to all
the conditions, provisions, covenants, rights, duties, obli
gations and charges contained in the Indenture constitut
ing said Association, or authorized thereby.
After the assignee shall have subscribed this Indenture
as aforesaid, the transfer shall be registered in the book
kept by the Directors; and on the registering of such
transfer, the former certificate shall be delivered up, and a
new one shall be issued in similar form, except that every
such new certificate shall designate the name of the origi
nal proprietor of the share or shares transferred : and from
the time when such transfer shall have been duly register-

25
ed, the shareholder making the same shall be released
from all liability as a member of this Associatiqn, in res
pect tq the shares so transferred ; and qo shareholder of
this Association shall be in anywise discharged from his
duties or obligations under this agreement, as one of the
members of this Association, under colqr of having assign-:
ed bis share or interest therein, unless such assignment
shall be made in conformity to this article.
ARTICLE XIII,
The Directors shall have power, from time to time, tq
appoint and employ such officers, agents, clerks and ser
vants, for carrying oq the business of this Association, on
such terms, and with such compensation, as they shall
think proper. They shall also have power to make such byr
Jaws, rules and regulations for their own government, and
for the management of the affairs of this Association, and
fqr the application of the funds in their hands (except such
proceeds) to the improvement and disposition of the pre
mises purchased of the aforesaid Thomas E. Davis as they
shall think expedient, provided the same be not repugnant
tq any of the provisions of this agreement.
ARTICLE XIV.
The Directors shall also have power, and it shall be
their duty —
Jst. To receive and take charge of all moneys which
shall have been, or which shall be paid on account of the
capital of this Association ; or which shall accrue to this
Association in any other way, or tq which it may in any
way be entitled,
2d. To pay from time to time, out of the funds of the
Association, the compensation of the persons employed by
them, and all other necessary expenses. n

26
3d. To make provision from time to time, as they may
think fit, for the improvement of the premises purchased
of the said Thomas E. Davis.
4th. To make dividends from time to time, to and
among the several shareholders, of such profits as may ac
crue to the Association, over and above the full amount of
its capital, and all debts and liabilities. And,
5th. To make all contracts, and do all lawful acts that
may be necessary or proper to carry into effect the objects
of this Association.
ARTICLE XV.
In case any lots shall remain on hand at the termina
tion of the said trust estate, it shall be the duty of the
Trustees named in the aforesaid trust deed, forthwith
to expose the whole of the lots remaining unsold, for sale,
either at public auction, without reserve to the highest bid
der, or at private sale ; and the said Trustees shall then,
under and by virtue of the trust power to them granted,
convey such lots accordingly. In all cases of sales and con
veyances under this article, the terms of sale and the mode
of securing such parts of the consideration moneys as shall
not be paid in ready money, and all other matters in re
spect to the said sales and conveyances, shall be in pur
suance of and conformable to the directions of the said
trust deed.
ARTICLE XVI.
The concerns of this Association shall be closed within
five years from the date hereof; and the Directors for the
time being shall take such measures as may be necessary
to effect this object; and before or at the expiration of said
period, shall cause all the money, property, and capital of
the Association to be rateably divided among the several
shareholders, according to their respective rights therein.

27

ARTICLE XVII.
General meetings of the shareholders shall be held in
the month of May in each year ; the first meeting to be
held at the office of the said Company, in the city of New
York, on the first Monday in May, one thousand eight
hundred and thirty-six ; and the next meeting at such place
in the city of New York as shall then be designated. At
such meetings the Directors shall produce their books and
proceedings, and make a full report thereof. It shall be
in the power of the shareholders, at such annual meetings,
to give directions, and to take orders concerning the capi
tal and property of the Association, and the management
and disposition thereof, as they may think proper : Prq-
vided such, their directions and orders, be consistent with
the provisions of this agreement, and of the said trust
deed, and be assented to by a majority in interest of all the
shareholders. ARTICLE XVIII.
Two-thirds in interest of the shareholders, shall have
power at the annual meetings, and at any special meeting
which may be called, as provided in the next article, to re
move any Director for any cause which they shall deem
sufficient. They shall also have power at any such meet
ing to appoint a new Trustee in the room of a Trustee
who shall have died or resigned. Any Trustee who shall
resign, shall, within ten days after notice thereof, execute
such instrument in writing, and under seal, as may be ne
cessary to carry this provision into complete effect.
ARTICLE XIX.
Special meetings of the shareholders may be called by
ehe Directors, or by any five of the shareholders, at such

28
times and places as such Directors or shareholders shall
think fit : Provided at least ten days' notice of such meet
ing be given in a daily newspaper, published in the city of
New York ; and at such special meetings the shareholders
shall have the same powers in the transaction bf business
as at an annual meeting.
Article xx.
The persons subscribing this Indenture, db hereby grant
and convey to the Directors and Trustees above-named,
and to all future Directors and Trustees of this Associa
tion, full power and authority to do all the matters and
things hereinbefore expressed and provided for ; and each
person subscribing this Indenture, as an original member
bf the Association, or as the assignee of any share therein,
dbes hereby express his assent to all the provisions herein
before contained, and also to all the provisions con
tained in the aforesaid trust deed; and does also for
himself, his heirs, executors and adminstrators, cove
nant, promise and agree, to and with every other person
who shall subscribe this Indenture) and to and with the
executors* administrators and assigns of every such per
son, that he> the said covenantor, his heirs, executors, ad
ministrators and assigns, will well and truly perform, fulfil
and keep, so far as in them lies, all and singular the pro
visions hereinbefore arid in the said trust deed contained ;
and that he arid they will do all and every act and thing
that may be necessary, and that may be lawfully done, to
give full effect to the object and intent of this Association,
and of the aforesaid trust deed. In Witness whereof, the
original parties to these presents have hereunto inter
changeably set their hands and seals, this thirtieth day of
April, eighteen hundred and thirty-six ; and the other par
ties to these presents becoming members of this Associa-

29
tion by the transfer of shares therein, have severally set
their hands and seals thereto, at the times affixed to their
respective name&
Sealed and delivered ih presence of
T. BARLOW; JOSEPH L. JOSEPH, (L. S.)
HENRY DUDLEY, (L S.)
JAMES L. CURTIS, (L. S.)
JAMES B. MURRAY, (L. S.)
GEORGE A. WARD, (L. S.J

DEED OF TRUST.

This Indenture, made the thirtieth day of April, in the year
of our Lord one thousand eight hundred and thirty-six,
between Joseph L. Joseph, of the city of New York, bro
ker, and Ftances his wife ; Henry Dudley, of the same
place, merchant, and Helen C. his wife ; James L. Curtis,
of the same place, gentleman, and Clarissa E> his wife ;
James B. Murray, of the same place, merchant, and
Maria his wife ; and George A. Ward, of the same place,
gentleman, and Mehitable his wife, of the first part :
Louis M'Lane, Frederick Branson, and Edward A. Ni-
coll, of the said city of New York, of the second part ; and
Thomas E. Davis, of the same place, of the third part.
Whereas the said Thomas E. Davis and Ann his wife, by
Indenture bearing date the twenty-ninth day of April, in
stant, did convey unto the above named Joseph L. Joseph,
Henry Dudley, James L. Curtis, James B. Murray and
George A. Ward, and to their heirs and assigns, for the con
sideration of six hundred thousand dollars, all that certain
piece or parcel of land situate in the town of Castleton, in
the county of Richmond, and state of New York, bounded
as follows, — (for description see pages 4 to 13) — as by the
said deed or indenture, or the record thereof in the office
of the clerk of the said county of Richmond, may more
fully and at large appear.
And whereas the said Joseph L. Joseph,' Henry Dudley,
James L. Curtis, James B. Murray, and George A. Ward,
parties of the first part, in order to secure the payment of
a portion of the said consideration money, have executed
to the said Thomas E. Davis their several bonds, bearing

31
even date with the said deed, conditioned for the pay
ment of divers sums of money, with interest, said sums be
ing the amount of their respective shares or portions in the
said purchase, and amounting in the whole to the sum of
four hundred and forty thousand dollars : And the said
parties of the first part have also, as a further security for
the payment of the said consideration money, with interest,
by Indenture, bearing even date with the said bonds, mort
gaged in fee to the said Thomas E. Davis the said lands
so conveyed by him as aforesaid, said mortgage being
conditioned for the payment of the said sum of four hun
dred and forty thousand dollars with interest thereon, at the
rate of seven per cent, per annum, payable semi-annually,
as by the said bonds respectively, and the said mortgage,
or the record of the said mortgage in the office of the clerk
of the said county of Richmond, may, reference being there
unto had, more fully appear :
And whereas the said parties of the first part have form
ed themselves into an Association, called the "New Brigh
ton Association," for the purpose of managing, improving
and disposing of the said premises, so purchased by them
from the said Thomas E. Davis, as aforesaid :
And whereas the nature and object of the said associa
tion, and the respective interests of the said parties of the
first part in the said purchase, will fully appear by refer
ence to the articles of association, bearing date the thir
tieth day of April, one thousand eight hundred and thirty-six,
which articles are to be deemed as part of, and for all le
gal and practical purposes considered and construed with,
this Indenture :
And whereas the said parties of the first part are desirous
of being able to sell and dispose of such parts and propor
tions of the premises as may command adequate prices,
freed from the lien and incumbrance of the said mortgage so

32
given by them to the said Thomas E. Davis as aforesaid,
upon terms and in a manner equally safe and convenient,
as well to themselves as to the said Thomas E. Davis, and
do also deem it important and desirable that the benefi
cial interests of the said several parties in the proceeds of
the said lands, when the same shall be sold as hereinafter
mentioned, be so settled and arranged as that the same
maybe represented and evidenced by certificates of stock,
and may be transferable from time to time by the assign
ment of such certificates, and for that purpose have enter
ed into the articles of association herein before mentioned
and refered to :
And whereas the said Thomas E» Davis is disposed to
facilitate the prosecution of the aforesaid objects, so far as
the same can be done consistently with his own security, and
it has therefore been agreed by and between the said parties
of the first part and the said Thomas E. Davis, that the said
lands and premises so conveyed by him as aforesaid should
be conveyed by the said parties of the first part to the
above named Louis M'Lane, Frederick Bronson, and
Edward A- Nicoll, the said parties of the second part to
these presents, in trust for the uses and purposes
hereinafter mentioned ; Now therefore this Indenture icit-
nesseth, that the said parties of the first part, in considera
tion of the premises, and for the purpose of carrying into
effect the agreement and understanding before mentioned,
and in further consideration of one dollar, lawful money
of the United States, to them in hand paid by the said
Louis M'Lane, Frederick Bronson, and Edward A.
Nicoll, the parties of the second part hereto, the receipt
whereof is hereby acknowledged, and the said parties of
the second part therefrom for ever acquitted and discharg
ed, have granted, bargained and sold, aliened, remised,
released, conveyed and confirmed, and by these presents

33
Do grant, bargain and sell, alien, remise, release, convey
and confirm unto the said parties of the second part, and
to the survivors and survivor of them, and to the heirs
and assigns of such survivor, all and singular the lands
and premises hereinbefore mentioned and described, be
ing the same lands conveyed to the said parties of the first
part, by the said Thomas E. Davis and Ann his wife, as
aforesaid ; together with all and singular the rights, mem
bers, privileges and appurtenances thereunto belonging or
in anywise appertaining ; and also, alj the estate, right, title,
interest, dower and right of dower, claim and demand what
soever of them, the said parties of the first part, of, in and to
the same, to have and to hold all and singular the said several
pieces or parcels of land, with the appurtenances, unto the
said parties of the second part, their heirs and assigns, to
their own proper use, benefit and behoof for ever, upon
trust, nevertheless, that they, the said parties of the se
cond part, or any two of them, and the survivors and sui>
vivor of them, and any persons and person who may be in->
troduced into the trust, by virtue of any clause or provision
hereinafter inserted and contained, or any two of them,
shall and do, at such time and tirqes, and in such
manner, either at public or private sale, in such part
or portions, and for such prices (not less, however, than the
prices mentioned in a certain schedule or list of the said
lands hereunto annexed) as to the said parties of the se
cond part, or any two of them, and to the survivors or sur
vivor of them, may seem most expedient, sell and dispose
of the said lands ; and upon such sales shall and do exe
cute good and sufficient deeds of conveyance, in fee sim-:
pie, to the purchaser or purchasers thereof, and out of the
proceeds of such sales, as there shall be received by them
from time to time, shall and do pay the said Thomas E.
E

34
Davis, his executors, administrators or assigns, the prin
cipal and interest of the said sum of four hundred and forty
thousand dollars, until the whole of the said sum, with the
interest thereof, as reserved by the conditions of the said
several bonds, and of the said mortgage, shall be fully sa-
tisfiechjjajdand dischargedTrehdering the overplus of any
moneys, and tranferring all securities, that may remain af
ter satisfying the purposes of theisaicf trust, to the Directors
for the time being of the said New Brighton Association.
And it is hereby mutually agreed by and between the par
ties hereto, and the said Thomas E. Davis, for himself,
his heirs, executors and administrators, doth covenant
and agree to and with the said parties of the first and
second part, that he or they shall and will, upon any sale
or sales of any part or parts of the said lands and premises
being made by the said parties of the second part, on their
request in writing, find at their cost and charges, release
the said parts or portions of the said lands, which may be
sold and conveyed as aforesaid, from the lien and encum
brance of the mortgage so executed to him as above men
tioned, provided at least twenty-five per cent, of the purchase
money for which said parts or portions may be sold by the
said parties of the second part, be paid to the said Thomas
E. Davis, his heirs or assigns, in cash, at the time of exe
cuting such release. And it is further agreed between the
said parties hereto, that it may be lawful for the parties of
the second part, upon sales of any part of the said lands
to be made by them as aforesaid, to receive as a security
for aportion of the consideration money, not exceeding, how
ever, seventy-five per cent, thereof, the bonds of the said
purchaser or purchasers, secured by his or their mortgage
on the said peices or parcels of land purchased by them re
spectively, and payable at a period not exceeding two years

35
from the date of said sale : it being, however, expressly unr
der stood and agreed, that the said bonds and mortgages
are to be held by the said parties of the second part, the
survivors or survivor of them, and to be collected by them
as the same shall become due and payable, and out of
the proceeds of such sales, whether the same be made
wholly for cash or partly on credit, as above provided, the
said parties of the second part shall, from time to time, and
as fast as the said proceeds shall be received, pay to the said
Thomas E. Davis, his executors, administrators and as
signs, the principal and interest of the said sum of four
hundred and forty thousand dollars, until the whole of the)
said sum, with the interest thereof, as reserved by the con
ditions of the said several bonds, and of the said mortgage
given to the said Thomas E. Davis by the parties of the
first part, shall be fully satisfied, paid and discharged, ren
dering the overplus of any moneys, and transferring all se
curities that may remain after satisfying the purpose of the
trustjiereinbefore expressed, and the costs, charges and
expenses that may accrue in the execution thereof to the
Directors for the time being of the said New Brighton
Association. And it is hereby declared and agreed, by and between
the parties to these presents, that all such parts of the said
lands and premises so as aforesaid conveyed by the said
Thomas E. Davis and Ann his wife, to the said parties of
the first part, as shall remain unsold at the time of the ter
mination of the trust estate above granted and declared,
that is to say, when full payment of the principal and in
terest due to the said Thomas E. Davis shall have been
made as above provided, shall enure and belong to the
several persons who shall at the time of the termination of
the trust estate be shareholders in the said New Brighton

36
Association, in the shares and proportions evidenced and dc-
termined by the certificates jjCjh^^aid^stock heJd.hyjhem
respectively... And it is hereby jJeclarjed.and agreed, and
these presents are made on this gxpress condition, that the
estate, title and interest of the said stockholders shall be
and shall continue to be subject to the execution of the trust
power following ; that is to say; the said parties of the first
part, for themselves, jointly and severally, and for their re
spective heirs, executors, administrators and assigns, do
hereby give and grant to the said parties of the second
part, and to the survivors and survivor of them, full power
and authority, and do hereby authorize, empower and di
rect them, the said parties of the second part, or any two
of them, and the survivors and survivor of them, to sell
and convey all and singular the said remaining lands, and
every part thereof, at public or private sale, at such time or
times, to such person or persons, for such prices and on such
terms of payment as to them or any two of them, and the
survivors or survivor of them, may seem best ; and upon
such sales to execute to the purchaser or purchasers thereof,
under and by virtue of the trust power hereby created, good
and sufficient conveyances in the law, in fee simple, there
for ; and oh such sales to receive the purchase moneys
agreed to be paid therefor, and to be paid therefor, and to
pay the sajne over when collected, and any securities that
may have been taken therefor to the Directors of the said
Association for the time being, for the Use of the said share
holders, according to their interest in the said shares and
the capital of the said Association, according to the terms
of the articles of agreement aforesaid. And it is hereby
further expressly agreed and declared, that the trust and
the trust powers hereby created, shall continue and be in
force (if not sooner executed) for the term of five years from

37
the date hereof, provided that the said Frederick Bronsoji
and Edward A. Nicoll, or the survivor of them, shall so long
live. And it is hereby expressly agreed and declared, by and
between the parties hereto, that the receipt of the Directors
for the time being of the said Association for any sums of
money that may be paid to them by the said trustees, or
any or either of them, whether under and by virtue of the
said trust power or in execution of any of the trusts by
these presents created or declared, shall fully exonerate
and discharge the said trustee and trustees, and each and
every of them, from all liability or duty to see to the appli
cation thereof. And it is further agreed, by and between
all the parties hereto, that in case any one or all the parties
of the second part to these presents shall die, or be desir
ous of relinquishing the trusts declared in this indenture,
whether under the trust estate or the trust power, before
the final execution thereof, it shall and may be lawful for
the shareholders for the time being of the said New Brigh
ton Association, to appoint a new trustee or trustees, as
may be necessary, in the manner provided in the said Ar
ticles of Association — such appointment, however, if made
before the termination of the trust hereinbefore granted,
to be subject to the ratification and consent of the said
Thomas E. Davis, if he shall then be living ; and from the
time such new trustee or trustees shall be appointed by the
said shareholders and the appointment ratified by the said
Thomas E. Davis, (if such ratification be necessary,) all the
powers and duties hereinbefore granted and declared, shall
be vested in and shall devolve upon the remaining trustee,
and such new trustee or trustees, as the case may be, in the
same manner and with the like effect as if the said new
trustee or trustees had been named in and by these presents ;
and the trustee relinquishing his trust as aforesaid, shall

38
execute such conveyance or other instrument expressive of
his relinquishment and transfer, as the said parties to these
presents shall be advised is expedient or proper in the
premises. And it is further agreed, by and between the
said parties to these presents, and the said parties of the
first part, for themselves, their heirs, executors and admin
istrators, do hereby grant, covenant and agree, to and with
the said parties of the second part, and the survivors and
survivor of them, and to and with the assigns of the said
parties of the second part, and of any two of them, and of
the survivors and survivor of them, that each and every con
veyance of any part or portion of the premises herein above
described, duly made and executed by any two of the per
sons who may at the time of the execution of such convey
ance be trustees of the said premises, whether the same
shall be original trustees, or any othef person or persons
substituted in their place, or the place of any of them, by
virtue of the provision hereinafter contained, and whether
such Conveyance be made before or after the termination
of the trust estate herein before granted, shall be sufficient
to vest in the grantee or grantees therein named, the whole
legal title and estate of the lands intended to be conveyed,
in the same manner and with the like effect as if the three
trustees for the time being, and all the parties of the first
part and their assigns, had executed such conveyance.
And it is further agreed, by and between the parties
hereto, that it shall and may be lawful for the said parties
of the second part, and for such persons as may from time
to time be the trustees under this indenture, to retain out
of the moneys that may come into their hands, under and
by virtue of the several trusts herein created, all costs,
charges and expenses of every kind to which they may be
subjected, or which they may incur, including for their own

39
compensation in the premises ; and, also, that such trustees,
and each of them, shall only be responsible for wilful default,
and that no one of them shall be responsible for any act or
omission of any other of the said trustees, but each shall
only be responsible for his personal defaults in the premises.
In witness whereof, the parties to these presents
have hereunto interchangeably set their respective hands
and seals the day and year first above written.
Sealed and delivered, in presence of
H. ULSHOEFFER. JOSEPH L. JOSEPH, (L. S.)
FRANCES JOSEPH, (L. S.)
HENRY DUDLEY, (L. S.)
HELEN C. DUDLEY, {L. S.)
JAMES L. CURTIS, (L. S.)
CLARISSA E. CURTIS, (L. S.)
JAMES B. MURRAY, (L. S.)
MARIA MURRAY, {L. S.)
GEORGE A. WARD, (L. S.)
MEHITABLE WARD, (L. S.)
LOUIS M'LANE, (L. S.)
FREDERIC BRONSON, (L. S.)
EDWARD A. NICOLL, {L. S.)
THOMAS E. DAVIS, (L. S.)

40

CERTIFICATE,

We certify that we have examined the annexed Arti
cles of Agreement between the New Brighton Associates,
and also the Deed of Trust referred to in the said arti
cles ; and are of opinion that the articles are valid and
binding under the provisions of the Revised Statutes, and
that a conveyance by the Trustees of the premises men
tioned in the deed, under the trust power therein contain
ed, would vest in the purchaser an indefeasible title, ast=
suming the title of Mr. Davis to be valid.
April 9th, 1836.
JOHN DUER,
HENRY R. STORRS,
BENJ'N F, BUTLER.

41
CERTIFICATE.

We certify, that we have examined the titles of the se
veral pieces of land belonging to the New Brighton Asso
ciation, and laid down on a map, entitled "Map of New
Brighton Property belonging to the New Brighton Associa
tion, in the toivri of Casleton, county of Richmond, and
state of New York, surveyed and drawn by J. Lyons,
1835," and signed by us, up to the time (9th June, 1836)
of the recording of the deed of trust from Joseph L. Jo
seph and others, to Louis McLane, Frederick Bronson,
and Edward A. Nicoll, bearing date the 30th day of April,
1836 ; and have carefully searched, both personally and by
the clerk of Richmond county, for mortgages, conveyances
and other incumbrances thereon, and have also caused
searches for judgments to be made so far as appeared to
us necessary, against the different parties through whom
the titles were derived ; and are of opinion that the title
to the said pieces of land is good, and free from all incum
brances, except the mortgage from Joseph L. Joseph and
others, to Thomas E. Davis, for four hundred and forty
thousand dollars, the payment whereof is provided for in
and by the said deed of trust.
We do not include, however, in this certificate the seve
ral pieces of land marked on the said map as " not pur
chased," nor the four several pieces marked on the said
map as having been conveyed by Thomas E. Davis to
Peter Stuyvesant, Henry P. Robertson, Newton Hayes,
and Joseph W. Meeks, respectively; nor a piece of
land colored light yellow on said map, and mentioned F

42
therein as having been conveyed by John M. Catlin and
Peter Stuyvesant to Thomas E. Davis, bounded north
erly by Wall street, westerly by Stuyvesant street, east
erly by the New York Bay, and southerly by a line
drawn from the said Bay parallel with Wall street to the
junction of South and Tompkins streets.
In making our investigations, we have relied, as to
quantities and dimensions of the several pieces of land, on
the surveyors employed to make the surveys.
New York, Oct. 24, 1836.
CHARLES GRAHAM,
JOHN L. MASON.