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 15
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Last Will and Testament of ABRAHAM K. BEEKMAN.
Dated 30th Oct., 1816. Proved 27th Dec., 1816. 53 Wills, 431.
After sundry specific devises and legacies he provides as fol- lows : " Item, I do hereby give, devise and bequeath unto my said wife, Johannah, the use and income of my farm and Home- stead in the Ninth Ward of the City of New York, for and dur- ing her natural life, to be kept in repair by my executors as hereinafter provided. And I do further give, devise and be- queath unto my said wife, Johannah, the sum of two thousand five hundred dollars annually, to be paid to her by my executors, hereinafter named, from and after my decease, and for and dur- ing her natural life, yearly, and every year in half yearly pay- ments for the support and maintenance of herself and her house-
THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 235
hold. * * Item, the executrix and executors of this my last will and testament (hereinafter named), and the majority of them, the survivors and survivor of them, and the heirs of such survivor, are hereby fully authorized and empowered in execution of the powers, duties and trusts to them committed by this my last will and testament, to sell and con- vey all and any part of my real estate (my said farm and Home- stead during the lifetime of my said wife only excepted) at their discretion for such price or prices as they shall deem sufficient, or to lease or demise the same. * * * And good and sufficient deeds of release and other conveyances and leases to the purchasers or lessees thereof, to make and execute for the purposes aforesaid. And such sales to make by public auction, or otherwise, as they may deem most proper and necessary ; and I do hereby ratify and confirm all and whatso- ever my said executors, or the majority of them, shall do in the premises. Item, all the rest, residue and remainder of my real estate, whatsoever and wheresoever the same may be, I give, devise and bequeath the same and every part and parcel thereof 1into my Executors hereinafter named, the survivors and survivor of them, and the heirs and assigns of such survivor, In trust, nevertheless, for the use and purposes hereinafter mentioned, that is to say, First, that my said Executors, the survivors or sur- vivor of them, shall, as soon as may be after my decease, pay and discharge all my just debts and funeral charges as aforesaid ; and should not my personal estate, to them hereinbefore devised, be sufficient for that purpose, then, and in such case, they are hereby fully authorized and empowered to sell and convey such and so much of my residuary real estate in them vested as aforesaid, as shall in their discretion be deemed proper and necessary. Secondly, from the income or proceeds of such estate, real or personal, they shall pay and discharge all taxes and assessments which shall, from time to time, become due and payable out of, or for any part of my estate in them
236
THE ABRAHAM AND WILLIAM BEEKMAN TRACT.
vested, in trust, as aforesaid, for and during the continuance of said trust, and until they shall have fully discharged them- selves therefrom, as by this my will is directed. Thirdly, from the income or proceeds of such estate, real and personal, they shall keep and maintain, in good and sufficient repair, according to their own discretion, and during the natural life of my said wife, the buildings, fences and other improvements now being on my said farm or homestead, in the Ninth Ward of the City of New York, and pay all taxes and assessments which shall become due and payable thereon during the said term. Fourthly, they shall provide a sufficient fund for the payment to my said wife of the annuity of two thousand five hundred dollars hereinbefore devised to her yearly and every year during her natural life, and in half yearly payments as aforesaid. Fifthly, as soon as my said executors, or the survivors of them, have paid and discharged my debts and funeral charges as aforesaid, and made provision for all the purposes hereinbefore directed to be provided for, they shall then divide my whole resid- uary estate, real and personal, into seven equal parts, or shares, as nearly alike in value as may be; and shall divide the same unto and among my brothers and sisters hereinafter named, each one equal seventh pait or share thereof, to-wit : to my brothers James Beekman, John Beekman and Gerard Beekman, and to my sisters Jane, the wife of Stephen Van Cortlandt ; Catherine, the wife of Elisha Boudinot, and Mary, the wife of Stephen N. Bayard, to whom respectively they shall convey the same, and to their several and respective heirs and assigns forever ; and as for and respecting the remaining one equal seventh part or share thereof, they shall continue to hold the same in Trust to and for the use, benefit and behoof of my sister Cornelia, the wife of Isaac B. Cox, as hereinafter directed and provided ; and good and sufficient deeds of conveyance or partition unto and among my said brothers and sisters (Cornelia Cox only excepted) for their several and respective proportions of my said estate, to them,
THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 237
their heirs and assigns forever, respectively to make and execute. Subject, nevertheless, to the estate for life in my said farm, farm or homestead, hereinbefore devised to my said wife, Johannah, which my said farm or homestead may be divided among and by my said brothers and sisters as aforesaid, but shall not be sold or conveyed to any other person or persons during the life- time of my said wife. Item, it is my will and intention, and I do hereby order and direct (anything in this my last will and testament to the contrary notwithstanding) that the part or share of my estate, real and personal, hereinbefore devised to my executors in trust to and for the use of my sister Cornelia, the wife of Isaac B. Cox, her heirs or assigns, or to which she might in anywise be entitled by virtue of this my last will and testa- ment is and shall be vested in my executors hereinafter named, and in the survivors. or survivor of them, and the heirs of such survivor, In Trust, for the following uses and purposes and no other, that is to say : The Rents, Issues and profits thereof, and of every part thereof, to be applied by the said Trustees, or the survivor of them, or by the heirs of such survivor, to the sole and only use of my said sister, Cornelia, during her natural life, and from and after her decease to the sole and only use of her children then living, if any, and of the sur- vivors or survivor of them; and to be paid as aforesaid, to her or them, or to her or their use, at the discretion of the said Trustees, or of the survivor of them, from time to time, in such manner as the said Trustees in their discretion shall judge most for the advantage of my said sister and of her children for and during the lifetime of her husband, Isaac B. Cox ; but if it shall so happen that my said sister, Cornelia, shall survive her said husband, then and in such case the said Trustees, the survivors or survivor of them, shall then convey unto her, my said sister, Cornelia, her heirs and assigns forever, all and singular, the said one equal seventh part or share of my said residuary estate, real and personal, and all other the estate,
238
THE ABRAHAM AND WILLIAM BEEKMAN TRACT.
real and personal, so as aforesaid, in them vested in Trust for her use as aforesaid in fee simple, and assign, transfer and deliver over and pay to her all such sum or sums of money, or other effects, the proceeds of such estate as may then be in their hands. And if it shall so happen that my said sister, Cornelia, shall depart this life before her said husband, then the said Trustees, the survivors and survivor of them shall apply the rents, interests and profits of the said estate, or as much thereof as shall be necessary therefor, to the support and education of the child or children she may leave until they respectively attain to the age of twenty-one years ; and at the time when they shall respectively attain to the age of twenty-one years, I do hereby direct the said Trustees, and the survivor of them, and the heirs of such survivor, to divide the same equally between the said children of my sister, Cornelia, then living, share and share alike, and to execute deeds accord- ingly. But if only one of the children of my said sister, Cornelia, should attain to the age of twenty-one years, then such child shall have the whole of his or her mother's share and interest in my said estate, real and personal, then in hands of the said Trustees, or the survivor of them or of his heirs ; and in case all the children of my said sister, Cornelia (so surviving her as aforesaid), should depart this life before they, or any of them, should attain to the age of twenty-one years, and without issue, then, and in such case, I order and direct that the said trustees, and the survivor of them, and the heirs of such survivor, shall convey, in fee simple, the whole of the said one equal seventh part or share of . my said estate, real and personal, and all other the real estate so vested in them in Trust, as aforesaid, and all other the personal estate so vested in them, as aforesaid, and then in their hands unex- pended, and shall pay over the interest or other proceeds thereof which may then be unexpended in their hands to the like uses and purposes, and in the same manner and proportions, and to
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as
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THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 239
the same persons (if living, or if deceased, to the respective heirs of such persons) to whom the other sixth seventh parts or shares of my said residuary estate is bequeathed in this my last will and testament. And in case the said Trustees shall, in their discretion, at any time think it most for the advantage of my said sister, Cornelia, or of her children, to sell the real and per- sonal estate hereby intrusted to them, or any part thereof, I do hereby authorize and empower the said Trustees, and the survi- vors and survivor of them to sell the same ; and proper deeds or other conveyances to execute therefor, and the proceeds thereof to be placed in such funds as the said trustees, or the survivor of them shall judge safest; and the interest to be applied as afore- said, and the principal to be divided and paid as aforesaid. And lastly, I hereby nominate, constitute and appoint my be- loved wife, Johannah, to be an Executrix ; my beloved brothers, James Beekman, John Beekman and Gerard Beekman, and my brother-in-law, Stephen N. Bayard, to be Executors of this my last will and testament, hereby utterly disallowing and revoking all former wills by me made."
Letters Testamentary granted to Johannah Beekman, John Beekman and Gerard Beekman. See Liber 53, Wills 444.
DEED.
CATHERINE BOUDINOT, widow, to
JOHN BEEKMAN.
Dated 13th June, 1821. Recited in bill in the following partition suit.
CONVEYS all and singular one equal undivided seventh part or share of the said Catharine Boudinot, belonging, whether in possession or reversion of the real estate hereinbefore set forth as derived under and from the last will and testament of Abra- ham K. Beekman, deceased.
240
THE ABRAHAM AND WILLIAM BEEKMAN TRACT.
DEED.
STEPHEN VAN CORTLANDT and JANE, his wife, to JOHN BEEKMAN.
Dated 13th June, 1821. Recited in bill in the following partition suit.
CONVEYS all and singular one equal undivided seventh part or share of the said Jane Van Cortlandt, belonging, whether in possession or reversion of the real estate hereinbefore set forth as derived under and from the last will and testament of Abra- ham K. Beekman.
We will now trace the title of the portion of the farm in ques- tion set apart as the share of the devisees of William Beekman, ante page 232. .
Last Will and Testament of SAMUEL BEEKMAN.
Dated 27th Dec., 1808. Proved 18th Mar., 1816. 53 Wills, 135.
"Item, and as to my Real Estate, whatsoever and whereso- ever situated, I give, devise and bequeath the same unto my be- loved brothers, James Beekman, John Beekman, and the said Gerard Beekman, and unto my beloved sisters, Jane, the wife of Stephen Van Cortlandt ; Catherine, the wife of Elisha Boudi- not ; and Mary, the wife of Stephen N. Bayard, to each of my said brothers and sisters, severally and respectively, and to their several and respective heirs and assigns forever, each one equal undivided seventh part or share thereof, to be divided by and between them, share and share alike, as Tenants in common and not as joint tenants. And as to the remaining one equal undivided seventh part or share of my said real estate, I do
THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 241
hereby give, devise and bequeath the same unto my beloved brothers, James Beekman, John Beekman and Gerard Beek- man, and to the survivors and survivor of them, and to the heirs and assigns of such survivor of them forever. In Trust, never- theless, and to and for the following purpose, uses and trusts, and no other whatsoever, to wit: The Rents, Issues and profits of the same and any part thereof, to be applied by the said Trustees, or the survivor of them, to the sole and only use of my beloved sister, Cornelia, the wife of Isaac B. Cox, during her natural life, and from and after her decease, to the sole and only use of her children then living, if any, and of the survivors or survivor of them, and to be paid as aforesaid, to her or them, or to her or their use, at the discretion of the said Trustees, or the survivor of them, from time to time, in such manner as the said Trustees in their discretion shall judge most for the advan- tage of my said Sister, and of her children, for and during the lifetime of her husband, Isaac B. Cox. But if it shall so happen that my said sister, Cornelia, shall survive her said husband, then, and in such case, the said Trustees, the survivors or sur- vivor of them, shall convey all the said one seventh part or share of my said Real Estate hereby devised to them in Trust, as aforesaid, unto her, my said sister, Cornelia, her heirs and assigns forever in fee simple. And if it shall so happen that my said sister, Cornelia, shall depart this life before her said husband, then the said Trustees, the survivors or survivor of them, shall pay the Rents, interest and profits of the said Estate, or as much thereof as shall be necessary, for the support and Education of the child or children she may leave until they respectively attain the age of twenty-one years. And at the time when they shall respectively attain to the age of twenty-one years, I do hereby direct the said Trustees, and the Survivor of them, and the heirs of such survivor, to divide the same equally between the said children, share and share alike, and to execute Deeds accord- ingly. But if only one of the children of my said sister, Cor-
242 THE ABRAHAM AND WILLIAM BEEKMAN TRACT.
nelia, should attain the age of twenty-one years, then such child shall have the whole of his or her mother's share of my said Real Estate. And in case all the children of my said sister, Cornelia (so surviving her as aforesaid), should depart this life before they, or any of them, should attain the age of twenty-one years, and without Issue, then, and in such case, I order and direct that the said Trustees, and the survivor of them, or the heirs of such survivor, shall convey in fee simple the whole of the said one-seventh part of my said Real Estate, with the interest or proceeds thereof, which may be unexpended in their or his hands to the like uses and purposes, and in the same manner and proportions, and to the same persons that the other six seventh parts of my Real Estate is bequeathed to in this my last will and testament ; and in case the said Trustees shall, in their discretion, at any time think it most for the advantage of my said sister, Cornelia, or of her children, to sell the Real Estate hereby intrusted to them, or any part thereof, I do hereby author- ize and empower the said Trustees, and the survivors and sur- vivor of them, to sell the same and proper Deeds to execute therefor, and the proceeds thereof to be placed in such funds as the said Trustees, or the survivor of them shall judge safest, and the interest to be applied as aforesaid, and the principal to be divided and paid as before directed. And lastly, I make and ordain my said brothers, James Beekman, John Beekman, and Gerard Beekman, to be executors of this my last will and testa- ment, hereby utterly disallowing and revoking all former wills by me made ; and giving to my said Executors, and to the sur- vivors and survivor of them, full and ample power to dispose of all or any part of my said real Estate, whatsoever and whereso- ever situated, either at public or private sale, in such manner and at such times as they may think proper, with full power to execute good and sufficient conveyances in the Law to the pur- chasers thereof, their heirs and assigns forever."
THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 243
DEED.
JAMES BEEKMAN and LYDIA, his wife, to GERARD BEEKMAN.
Dated 3d April, 1818. Ack. 7th April, 1818. Rec. Ist May, 1818.
126 Conveyances, 477. Consideration, $2,912.93
CONVEYS one equal undivided seventh part or share (the whole into seven equal parts or shares to be divided) of All that certain Farm or parcel of land situate in the Ninth Ward of the City of New York, now belonging to and held in common by and among all the surviving heirs of their late brother, Wil- liam Beekman, deceased, according to the several metes and bounds thereof, as settled and established by and between the said heirs of William Beekman, deceased, and their late brother, Abraham K. Beekman, now deceased. Containing thirty acres and one-quarter of an acre of land (one-seventh part whereof is hereby intended to be conveyed), according to a map or chart thereof made by John Randall, surveyor, on the - day of -, one thousand eight hundred and seventeen, reference being thereunto had.
Mary N. Bayard, having survived her husband, Stephen N. Bayard, died in 1831, intestate and without issue, leaving, as her only heirs-at-law her brothers, James Beekman, Gerard Beekman and John Beekman, and her sisters, Jane Van Cort- landt, Catharine Boudinot and Cornelia Cox.
Last Will and Testament of GERARD BEEKMAN.
Dated 6th Mar., 1832. Proved 2Ist Aug., 1833. 70 Wills, 422.
The testator directs payments of certain legacies and an annu- ity of $1,500 to his wife, and devises to her the use and occupa- tion of his house and stables, and the lots of ground on which
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of
244 THE ABRAHAM AND WILLIAM BEEKMAN TRACT.
they are erected, one fronting on Bleecker Street and the other on Greene Street in the city of New York, during her widow- hood, all which he declares to be given in lieu of and in full bar of her dower. He authorizes his executors, in case his personal estate, and the rents and profits of his real estate prove insuffi- cient, to sell and convey his real estate to raise an amount ade- quate for that purpose. He expressly charges his estate, real and personal, with the payment of the said annuity to his wife, but provides that such lien shall cease as to such parcels as may be conveyed by his executors, in pursuance of the power vested in them by his will. All and singular, the rest, residue and remainder of his estate, real and personal, whatsoever and wheresoever the same may be, he gives, devises and bequeaths to his beloved son James William, his heirs, executors and ad- ministrators and assigns forever. The testator then provides that in the event of his having other children born of his wife Catharine, that they shall share equally with his son James Wil- liam in the said residuary part of his estate. In case his said ? child or children should be under the age of twenty-one years at the time of his decease he vests said residuary estate in his exe- - cutors, with full power to sell and convey the same, and to par- tition the same amongst his said children, and to transfer her or his share to each when they respectively arrive at full age, directing them not, however, to deliver the actual possession of the share or estate to either of his children before he or she attains to lawful age. Testator provides for certain remainders over, in case all his children die under age, without lawful issue. He appoints Geo. W. Strong, David Codwise, John L. Mason, James C. Roosevelt and Isaac Adriance his executors, giving to his said Executors full power to sell and convey all or any part of his estate, real and personal, at their discretion.
There are two codicils attached to this will, neither of which affect the farm in question, except by increasing the annuity to his wife to $2,000.
THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 245
It is stated in the bill in the following suit, that at that time Catharine Boudinot and Jane Van Cortlandt were both ad- vanced in years, and were both childless, never having had issue ; and that Cornelia Cox had two children, Abraham B. Cox and Catharine M. Cox, both then of full age.
IN CHANCERY. Before Chancellor.
JAMES BEEKMAN and JOHN BEEKMAN, as trustees, etc., and in their own right, vS. STEPHEN VAN CORTLANDT, JANE VAN CORTLANDT, CATHARINE BOUDINOT, CORNELIA COX, CATHARINE M. COX, JAMES W. BEEKMAN and ABRAHAM B. Cox.
1836-December 31. Bill of partition filed. 1837-February 15. Answer of all defendants filed. February 15. Order of reference on title, etc. May 23. Decree of partition entered. 1838-May 15. Commissioners' report of partition filed. September 3. Final decree entered.
1839-June I. Decree enrolled.
The said commissioners divided this tract as follows, the lot numbers being taken from a map thereof annexed to their report :
To James Beekman in fee, lots 458 to 497, both inclusive ; 755, 26 to 33, both inclusive ; 195 to 208, both in- clusive ; 216 and 243, and charge said share with the payment of $93,81.
To Jane Van Cortlandt in fee, lots 310, 312, 314, 316, 318, 320, 322, 324, 326, 328, 330, 332, 334, 336, 338, 340,
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246 THE ABRAHAM AND WILLIAM BEEKMAN TRACT.
346 to 365, both inclusive ; 400 to 411, both inclusive.
To the Trustees of Jane Van Cortlandt for her life, lots 306 to 309, both inclusive ; 109 to 144, both inclusive. To Catharine Boudinot in fee, lots 393 to 399, both inclusive ; 412 to 418, both inclusive; 217 to 222, both inclusive ; 236 to 242, both inclusive ; 311, 313, 315, 317, 319, 321, 323, 325, 327, 329, 331, 333, 335, 337, 339, 341, 344 and 345.
To the Trustees of Catherine Boudinot for her life, lots 342, 343, 302, 303, 304, 305, 73 to 108, both in- clusive.
To John Beekman in fee, lots 634, 635, 586 to 633, both in- clusive ; 636 to 705, both inclusive ; 498 to 585, both inclusive ; 754, 432 to 457, both inclusive ; 706 to 726, both inclusive ; 226 to 235, both in- clusive ; 223, 224, 225, 209, 250, 251, 252, 253, 210, 211, 212, 213, 214, 245, 246, 247, 248, 249, 215, 223 and 244, and charge said share with the payment of $54.39.
To Cornelia Cox in fee, lots 278, 279, 280, 281 and 282.
To the Trustees of Cornelia Cox for her life, lots 145 to 194, both inclusive ; 254 to 277, both inclusive ; 283 to 301, both inclusive ; 727 to 73S, both inclus- ive ; 370 to 391, both inclusive ; 420 to 431, both inclusive ; 368, 369, 366, 367, 392 and 419, and charge said share with the payment of $87.67.
To James W. Beekman in fee, lots I to 25, both inclusive ; 34 to 72, both inclusive ; 739 to 753, both inclusive ; also lots 1 to 115 on another map, not affecting the farm now in question, and charge said share with the payment of $66.49.
THE ABRAHAM AND WILLIAM BEEKMAN TRACT. 247
James Beekman died pending the above suit, leaving a will as follows :
Last Will and Testament of JAMES BEEKMAN.
Dated 8th Sept., 1835. Proved 8th May, 1837. 76 Wills, 268.
After bequeathing certain legacies, the testator provides as follows : "As to all the residue of my estate, real and personal, whatsoever or wheresoever, which I may own or be in any manner entitled to at the time of my decease, I give, devise and bequeath the same unto my beloved nephew, James William Beekman, son of my late brother, Gerard Beekman, to have and to hold the same and every part thereof, with the appurte- nances, unto him, his heirs, executors and administrators and assigns forever." The testator provides for certain remainders over, in case said devisee should die under the age of twenty- one years without leaving any lawful issue.
Notes on the Abraham and William Beekman Tract
AVENUE
THIRD
POST
MAP
THE
THE PATENTS BETWEEN
165-4737
STREETS Laid out according to the distance gick on the read stated - showing the arts. quant divisions t'sand itsland and the
44J
500
0
THE
COMMON LANDS
OF THE
CITY
OF
NEW
YORK
WEST
€
SOUTH
THE PETER
,25
THE WIDOW
CORNELIUS
2
PATENY
West
AINE
of
JUNN
A
PATENT
LINE
64™
CORNELIUS
YER
LOT
TRACT
THE
CORNELIUS
LOUVRE
FARM
MAISTSEN
A
PATENT
416
TRACT.
ST
627
HARDEN BROOK
THE WIDOW
5700
5$3
501
PATENT
PATENT
EAST
NORTH LINE OF THE
70TH
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