USA > New York > New York City > Abstracts of farm titles in the City of New York, between 39th and 75th streets, east of the Common Lands, with maps > Part 11
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September 6. Order of reference to Isaac V. Fowler on title, etc.
November 10. Referee's report filed.
November 10. Decree entered directing Commissioners to partition.
1848-May 6. Almy Goelet died, leaving a will as follows :
Last Will and Testament of ALMY GOELET.
Dated 15th July, 1833. Proved 19th June, 1848. 96 Wills, I.
" Ist. I give all my furniture and wearing apparel to my daughters, Jean Buchanan Goelet and Hannah Green Gerry. 2d. I give all the rest, residue and remainder of my estate, real and personal, whatsoever and wheresoever, as well that which I now have as that which I may hereafter acquire and die pos- sessed of, unto my children, Peter Goelet, Robert Goelet, Jean Buchanan Goelet and Hannah Green Gerry, and to their execu-
170
THE THOMAS BUCHANAN TRACT.
tors, administrators, heirs and assigns forever, share and share alike. 3d. I constitute and appoint my sons, Peter Goelet and Robert Goelet, executors of this my last will and testament, and I do hereby order and direct, authorize and empower my said executors and the survivor of them to sell by public auction or private contract all my real estate, as well that which I now have as that which I may hereafter acquire and die possessed of, at such time and times and upon such terms as they or the survivor of them shall deem proper, and to divide the proceeds amongst my children, as above given."
Letters testamentary were granted to Peter Goelet on 20th June, 1848. See Liber 8 Letters Testamentary, page 21.
SUPREME COURT. In Equity.
MARGARET GOELET vS. JEAN BUCHANAN, SAMUEL GILFORD, JR., and ELIZA, his wife, FRANCES PEARSALL, ALMY TOWNSEND HICKS, CHARLOTTE BREVOORT HICKS, HEN- RY R. WINTHROP and MARGARET LOUISA, his wife, PETER GOELET, executor of the last will and testament of ALMY GOELET, deceased, PETER GOELET, ROBERT GOELET and SARAH, his wife, JEAN BUCHANAN GOELET and HANNAH GREEN GERRY. -
1848-July 3. Bill of revivor filed setting up death and will of Almy Goelet.
July 14. Answer of Peter Goelet, executor of Almy Goelet, deceased, Peter Goelet, Robert
171
THE THOMAS BUCHANAN TRACT.
Goelet and Sarah, his wife, Jean Buchanan Goelet and Hannah Greene Gerry, filed.
.848-July 14. Order pro confesso against Frances Pear- sall, by consent of C. J. De Witt, her solicitor.
July
15. Order pro confesso, by consent, against Samuel Gilford, Jr., and Eliza, his wife, Jean Buchanan, Almy Townsend Hicks, Charlotte Brevoort Hicks, Henry R. Winthrop and Margaret Louisa, his wife.
July 17. Order of reference to Isaac V. Fowler on facts stated in bill of revivor, etc.
July 21. Report filed.
July 21. Decree entered, directing a partition.
July 31. Commissioners' report of partition filed.
July 31. Final decree entered confirming report of Commissioners.
August 31. Decree enrolled.
The tract in question was subdivided into lots according to a map made by said Commissioners, designated as map number two. These lots were set apart as follows :
Lots 29 to 52, both inclusive, to Peter Goelet, Robert Goelet, Jean Buchanan Goelet and Hannah Green Gerry, as tenants in common, subject to the power in the executor of Almy Goelet to sell.
Lots 53 to 77, both inclusive, to Frances Pearsall.
Lots I to 13, both inclusive, with half of Post Road adjacent, to Margaret Goelet.
Lots 110 to 141, both inclusive, to Jean Buchanan. Lots 78 to 109, both inclusive, to Eliza Gilford.
172
THE THOMAS BUCHANAN TRACT.
Lots 21 to 25, both inclusive, to Margaret Louisa Winthrop. Lots 19, 20, 26, 27 and 28 to Charlotte Brevoort Hicks. Lots 14, 15, 16, 17 and 18, to Almy Townsend Hicks.
Notes on the Thomas Buchanan Tract.
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THE BREVOORT AND ODELL TRACT.
Part of this tract is included in the following patent :
PATENT.
SIR EDMUND ANDROS, Governor, etc., to DAVID DUFFORE.
Dated 9th Oct., 1677. Recorded in Secretary of State's Office at Albany. 4 Patents, 127.
" Whereas there is a certayne piece of land upon this Island Manhattans, ye which, by vertue of my warrant, hath been layd out for David Duffore, being in breadth by ye water side eighty rodd, being bounded to ye Northeast by ye land of John Daniel- son, ranging Northwest into ye woods one hundred and twenty rodds, being bounded to ye Northwest by ye commons, and to ye Southwest by ye land of Gabriell Curtesee. Containing in all sixty acres, as by ye return of ye survey may and doth appear."
CONVEYS said premises to the patentee, reserving a quit rent " of one bushell of good winter wheat, to be paid at New York."
174
THE BREVOORT AND ODELL TRACT.
The surname of the family of the patentee was afterwards written variously, Du Four, Deffore, Deffoare, Devore, Devour, Devoure, Devoer, Devoe.
DAVID DEFFORE and JANE, his wife, to
DAVID DEFFORE, JUN.
DEED. Dated 7th May, 1760. Not. Recorded.
CONVEYS all that certain Track or Parcell of Lands scituate, Lying and Being in the outward of the City of New York, Butted and Bounded as follows: Lying by the Coale Hill, being in breadth by the Water side Eighty Rod, Bounded to the Northeast By the land formerly of John Dannielson, But® now in the Possession of John Provoost, Ranging Northwest into the Woods one Hundred and Twenty rods, Bounded Northwest by the Commons and to the Southwest by the Land formerly of Gabriell Curtosee, but now or late in the Possession of Andries Anderson. Containing in all Sixty Acres.
MORTGAGE.
DAVID DEFFORE, JUN., and MARY, his wife, to DAVID DEFFORE.
TO SECURE £24. Dated 7th May, 1760. Proved 22d June, 1764. Reg. 22d June, 1764. I Mortgages, 431.
COVERS same premises by same description.
DAVID DEVOORE, of Ist part, MARITIE DEVOORE, of 2d part, to JACOB VAN WAGANEN, of 3d part.
MORTGAGE.
TO SECURE AN ANNUITY OF £25. Dated 17th Mar., 1768. Reg. 18th Mar., 1768. 2 Mortgages, 264.
175
THE BREVOORT AND ODELL TRACT.
RECITES that unhappy differences had arisen between David Devoore and Maritie, his wife, and that an agreement had been entered into for a separation and a relinquishment of dower rights, in consideration of an annuity of £25 to said Maritie Devoore.
CONVEYS to Jacob Van Waganen, as security for the pay- ment of this annuity, All that Peice or Parcel of land situate, lying and being in the outward of the City of New York, on the Westerly side of the Post road or common highway to Kingsbridge, containing in breadth along the said road eighty rods, and is bounded on the Northeastermost side by the Land of Laurence Hardman, on the Westerly or Northwest end by Common Land belonging to the Corporation of the City of New York, and Southwesterly by Land belonging to Elias Anderson.
The patent to David Devoore describes the premises as ex- tending Westwardly from the River 120 rods. This distance is not enough to reach the line of the common lands as given by Goerck. The true Westerly line of this patent is shown on the map of the patents ante page 119.
Another portion of the tract in question was conveyed to David Devoore by Elias Anderson, as appears from the de- scription of said tract given in a mortgage since cancelled of record, made by said David Devoore in October, 1775, and registered in Liber 4 Mortgages, page 431, which description is as follows : " All that certain tract or parcel of land, with the rights, members and appurtenances thereof, situate, lying and being in the outward of the said City, on the Northwest side of the highway leading from New York to Kingsbridge, bounded Southeast by the highway, Northeast by land of Law- rence Hardenburgh, Northwest by common land belonging to the Mayor, Aldermen and Commonalty of the said City, and Southwest by the patented lands of Holmes and Hall, being in
176
THE BREVOORT AND ODELL TRACT.
breadth in front and rear one hundred and twenty rods, the same being all the land conveyed by David Devoore, the father of the said David Devoore, party to these presents, and by one certain Elias Anderson, to him the said David Devoore, party to these presents."
Part of the tract conveyed by Elias Anderson was probably included in the patent to Gabriell Curtesee, set forth at large in the abstract of the James Beekman tract, ante page 119. The distance of 120 rods given in this patent would not, how- ever, extend as far West as the line of the common lands as given by Goerck. As shown in said abstract, Andries Ander- son, the father of said Elias Anderson, was vested with all the land included in said patent. Moreover, the distance between the Northern and Southern boundary of this tract is greater than 120 rods (the distance given in description in Liber 4 Mortgages, page 431, above referred to), which would leave a strip of land also along the Southern portion of this tract, of which there appears no conveyance of record to said David Devoore. Possibly this extension of the Westerly and South- erly bounds of this tract can be accounted for only as an en- croachment on the commons. There was a stone wall on the Westerly boundary of this tract, called the Potters' field fence. See Liber 524 Conveyances, page 517.
Last Will and Testament of DAVID DEVORE.
Dated 30th May, 1780. Proved 12th June, 1780. 32 Wills, 260.
After certain legacies and a bequest to his wife Maritie of an annuity of £25, in lieu of dower, according to the tri- partite deed of separation, he proceeds as follows: "I leave, devise and bequeath all the rest, residue and remainder
177
THE BREVOORT AND ODELL TRACT.
of my real and personal estate, of what nature or kind soever and wheresoever, that I shall be seised, possessed of or entitled unto at the time of my decease, unto my said daughter Ann Devore, to hold the same, to her, her heirs, executors, adminis- trators and assigns forever." He provides for certain remain- ders over in case said Ann Devore should die, before she attains the age of eighteen years, unmarried and without issue.
On 29 May, 1788, Ann Devore, the above-named devisee, intermarried with Abraham Brevoort, by whom she had two children, Ann and Henry. On 12 November, 1794, Abraham Brevoort, her husband, died. In 1795 Ann Brevoort intermar- ried with Jacob Odell, by whom she had two children, Jacob D. and Jane.
JACOB ODELL and ANNE, his wife, to HENRY BREVOORT and JACOB D. ODELL.
DEED.
Dated 25th April, 1836. Ack. 25th April, 1836. Rec. 2d May, 1836. 351 Conveyances, 584. Consider., an annuity.
CONVEYS all that certain tract, piece or parcel of land, situate on both sides of the Third Avenue, in the Twelfth Ward of the City of New York, and is bounded on the Easterly side by the Road usually known as the old Boston Post Road, on the Southerly side by lands formerly owned by Thomas Buchanan, deceased, on the Westerly side by lands belonging to the cor- poration of the City of New York, commonly called the com- mon, and on the Northerly side in part by land formerly owned by Sheriff Bell, and in part by lands belonging to persons un- known to the parties to these presents, being the real estate formerly of David Devoore, deceased, and which, in and by his last will and testament, bearing date the thirtieth day of May, in the year one thousand seven hundred and eighty, was de-
er
178
THE BREVOORT AND ODELL TRACT.
vised to his daughter Ann, now the wife of the said Jacob Odell, and one of the parties of the first part to these presents, most of which said premises are now in the possession of Cato Alexander and Edward Gwynn, containing in all about forty acres of land, be the same more or less.
Habendum as joint tenants and not as tenants in common.
Notes on the Provocat and Odell Tract.
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THE THOMAS C. PEARSALL TRACT.
The main portion of this tract is included in the premises conveyed by the following patent. The title to the rest of the tract is shown in the abstract of the "Philip Brasher " tract immediately following :
SIR EDMUND ANDROS, Governor, etc., to
JOHN DANIELSON,
PATENT.
Dated 15th Mar., 1676. Recorded at Albany in Secretary of State's Office. 4 Patents, I2C.
" Whereas there is a certaine lott of land upon this Island Manhattans, the which, by vertue of my warrant, hath been laid out for John Danielson, lying to the Northeast of Dewtell Bay, being in breadth by the River side forty rodd, and in length by the land of Jacobus Fabritius one hundred and twenty rod, bounded to the Northwest by the Commons, and to the Southwest by the land of David Du Four. Containing the quantity of thirty acres, as by the returne of the survey doth and may appeare."
CONVEYS said premises to the patentee, reserving a quit-rent of one peck of good winter wheat.
180
THE THOMAS C. PEARSALL TRACT.
The following is the next conveyance of record affecting the title to the tract in question.
ELIACOM ANDERSON and MARY, his wife, ANDEROW ALLBODY and ANNATIE, his wife, PIETER ANDERSON and CORNELIA, his wife, ABERAM ANDERSON and ELISABOT, his wife, LUCUS DE WITT and ENGOLTIE, his wife, SAMUEL STRIDE and ANNIE, his wife, JAMES ROBERSON and SELVIA, his wife, to
DEED.
Dated 25th Feb., 1737. Proved 27th July, 1738. Rec. 28th July, 1738. 32 Conveyances, III. Consideration, £173.
JONATON HARDMAN.
CONVEYS all that messuage or tenement, dwelling-house and Barn and lott of land scituated, lying and being upon this Island, to the Northeast of Dewtell Bay, being in breadth by the Reaver side forty rood, and in length by the land of Man- gell Janse Roll one hundred and seven rod and five foot and a halfe. Bounded by the Northwest by the land of Aberam Anderson, from thence with a square line twelf rodd and tinn foot and a halfe, and from thence with a square line towards the Northwest twelfe rodd and four foot and a halfe, bounded by the Commons, and to the Southwest by the land of David Devoor. Containing the quantity of twenty-nine acres.
This description embraces all of the land included in the Danielson patent, except one acre on the Northwest corner thereof, which was vested in Aberam Anderson.
1
181
THE THOMAS C. PEARSALL TRACT.
LAWRENCE HARDMAN, eldest son and heir-at-law of JONATHAN HARDMAN, ROBERT ATKINS and FRANCES, his wife, (late FRANCES HARDMAN, widow of JONATHAN HARDMAN),
to SIMON JOHNSON.
MORTGAGE.
TO SECURE £160. Dated 8th July, 1756. Ack. 9th July, 1756. Reg. 2d Aug., 1756. I Mortgages, 45.
COVERS all that certain tract, farm, piece, lott or parcel of land situate, lying and being in the outward of the City of New York to the Northeast, at Dutell or Turtle Bay, being in breadth by the River forty rods, and in length by land formerly of Jacobus Fabricius, now of John Van Zandt, one hundred and twenty rods, in the rear, or along the commons, in breadth forty rods, and in length along the land of David Devoer one hundred and twenty rods, being thirty acres. Bounded South- east along the River, Northeast to the land now of the said John Van Zandt, Northwest to the Commons, and Southwest to the land of the said David Devoer.
The portion of the premises covered by the preceding mort- gage lying East of the Post Road became vested in John Pro- voost, who died leaving a will as follows :
Last Will and Testament of JOHN PROVOOST.
Dated 23d Sept., 1767, Proved 3d Nov., 1767. 26 Wills, 80.
"Item : I give unto my eldest son, Samuel Provoost, my farm
182
THE THOMAS C. PEARSALL TRACT.
or plantation lying on this island of Manhattens, along the East River between the land of DeVoor and Hurst, with the edifices and appurtenances thereunto belonging, to have and to hold to him, his heirs and assigns forever." Appoints his wife, Eve Provoost, and his son, Samuel Provoost, and Mary, his wife, and Peter Van Brugh Livingston, his executors, authorizing them, or a majority of them to sell any part of his real estate.
DEED.
SAMUEL PROVOOST and MARIA, his wife, to HUGH GAINE.
Dated 5th June, 1784. Ack. IIth June, 1784. Rec. 2d Dec., 1795. 5 1 Conveyances, II. Consideration, £2,800.
CONVEYS all that certain tract, farm, lot, piece or parcel of land, situate and being in the outward of the City of New York to the Northeast of Dutell, or Turtle Bay, Beginning at the Northeast corner of the land late of David Devoer, deceased, and runs from thence along or near the East River Ten chains ; thence North Forty-five degrees West, Twenty-two chains and forty links to the public road or highway (where the breadth thereof is on a Southwest course ten chains) ; thence along the said public road or highway, South nine degrees and thirty minutes West six chains; thence South Thirty-two degrees West four chains; thence South Twenty-three degrees West one chain and ten links; thence South Forty-five degrees East eighteen chains and fifty links to the place of beginning. Bounded to the Southeast along the said East River, on the Northeast by land which did formerly belonging to Jacobus Fabricius, since to John Van Zandt, and now belongs to Peter Praa Van Zandt, on the Northwest by the public road or highway aforesaid (which leads towards Harlaem), and on the Southwest by land late of the said David Devoer, deceased.
4
183
THE THOMAS C. PEARSALL TRACT.
DEED.
HUGH GAINE and CORNELIA, his wife, to JOSIAH OGDEN HOFFMAN.
Dated 6th Mar., 1795. Rec. Ioth July, 1795. M.R. Deeds, 375. F.
In Secretary of State's Office.
CONVEYS same premises by same description.
MORTGAGE.
JOSIAH OGDEN HOFFMAN and MARY, his wife, to HUGH GAINE.
TO SECURE £4,000. Dated 6th Mar., 1795. Ack. 16th Mar., 1795. Reg. 24th Mar., 1795. 7 Mortgages, 63.
COVERS same premises.
ASSIGNMENT.
HUGH GAINE to THOMAS PEARSALL.
Dated 6th June, 1799. Ack. 6th June, 1799. Reg. 6th June, 1799. 9 Mortgages, 494. Considerat'n, $11,569.16
ASSIGNS above mortgage.
DEED.
JOSIAH OGDEN HOFFMAN to THOMAS PEARSALL.
Dated 27th April, 1797. Ack. 27th April, 1797. Rec. 10th Feb., 1800. 57 Conveyances, 399. Consideration, £9,000.
CONVEYS same premises by same description subject to the above mortgage.
184
THE THOMAS C. PEARSALL TRACT.
Thomas Pearsall, the above named grantee, died on I March, 1807.
Last Will and Testament of Proved 9th April, 1807 46 Wills, 531.
Dated 8th June, 1805.
THOMAS PEARSALL.
GIVES his wife, Phebe Pearsall, the use and improvement c his country seat near the five-mile stone, on the road to Kings bridge, which he purchased of Josiah Ogden Hoffman. Afte certain provisions not specifically affecting the premises, th testator provides as follows : " Sixthly : I give all the residue o my estate, both real and personal, to my son and his heirs."
The testator's widow, Phebe Pearsall, died on Ist December 1810.
The title to the Northerly portion of the premises as far a. Thomas C. Pearsall is shown in the abstract of the Philip Brasher tract, next hereinafter set forth. The main portion o the tract there shown to have been vested in him was con veyed by his heirs to Shepherd Knapp. The residue thereo not conveyed by his said heirs, together with the piece of land devised to him by his father, Thomas C. Pearsall, as above shown, constitutes the tract now in question. This is described ir the petition in the partition suit next set forth as follows : " Al. that certain farm or tract of land situate in the twelfth Ward of the City and County of New York, commencing at a point or the East River between the lands owned by the heirs of Thomas Buchanan, and running from thence North 52° 35, East 1,272 feet to the old post road; thence along the said road North 24° 23', East 490 feet ; thence North 7" 25', East 275 feet ; thence South 48° 15', East 913 feet ; thence North 41 25', East
185
THE THOMAS C. PEARSALL TRACT.
232 feet 9 inches ; thence South 81º 25', East 250 feet ; then South 77° 20', East 76 feet, South 73° 25', East 64 feet 8 inches ; hence South 33° 35', East 113 feet to the East River to the place of beginning. Containing 25 acres, I rood, 20 poles of land, according to a survey and map thereof made by Daniel Ewen, City Surveyor, dated April, 1830, showing the same as intersected by the avenues and streets."
Thomas C. Pearsall died on 25 November, 1820, intestate, leaving him surviving Frances Pearsall, his widow, and the following children his only heirs-at-law :
I. Thomas Pearsall.
2. Charles C. Pearsall.
3. Richard H. Pearsall.
4. Sarah Pearsall, who married James C. Norton in July, 1821.
5. Edward Pearsall.
6. Phebe Pearsall and
7. Mary Pearsall, who married Samuel Bradhurst in January, 1853.
DEED.
JAMES C. NORTON and SARAH, his wife, to DUDLEY SELDEN.
Dated 14th Sept., 1829. Ack. 14th Sept., 1829. Rec. 5th April, 1830. 261 Conveyances, 139. Consideration, $10.
CONVEYS all the real estate, whether in law or equity, which constitutes or may constitute the property, share or portion of the said Sarah of, in and to the estate of her late father, and the rents, issues and profits arising therefrom. In trust to partition the same, to sell with consent of the said Sarah, to pay her the income and profits during her life, and then to convey the same
186
THE THOMAS C. PEARSALL TRACT.
as she by her will may appoint and direct, and if there be no will, then to convey to her children and their heirs.
IN CHANCERY. Before Vice-Chancellor.
THOMAS PEARSALL, CHARLES C. PEARSALL and RICHARD H. PEAR- SALL,
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