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 16
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LAWIRANKE
THE PETER SAWYER LOT.
The greater portion of the tract in question is included in the following Patent :
SIR EDMUND ANDROS, Governor, etc., to
PATENT.
CORNELIUS MATTYSEN.
CONVEYS that certaine piece of land upon this Island Man- hattans, lying and being to the Northward of Turtle Bay, being bounded to the Southwest by the land of Jacobus Fabricius, and to the Southeast by the River, being in breadth by the River eighty rods, and in length one hundred and twenty rods, being bounded to the Northeast by the land of John Bassett, and to the Northwest by the commons. Containing sixty acres.
The portion of the premises conveyed by the above patent which includes the tract in question, as appears from the de- scriptions in the deeds of adjoining properties, became vested subsequently in John Bass, and afterwards in Peter Pra Van Zandt. The distance of 120 rods given in the said patent is not enough to carry the bounds of this tract as far West as the line of the common lands as given by Goerck. For the true West- erly line of this patent, see map of Patents, ante page 249.
250
THE PETER SAWYER LOT.
Last Will and Testament of PETER PRA VAN ZANDT.
Dated 5th Oct., 1810. Proved 18th Sept., 1812. 50 Wills, 291.
" Item, my will further is, that a certain tract of land, situate, lying and being between the lands of Abraham Beekman and the widow Hardenbrook, commonly called Peter Sawyer's lot, or such part thereof as may belong to me at the time of my death, be disposed of by my said executors, and the monies arising therefrom be applied by them to the payment of debts due from me if any such there shall be at the time of my de- cease ; should there be no debts, or should the amount of the proceeds of the sales exceed the debts due, then my will is, that the surplus monies be divided equally amongst my six children, John, Peter, James, Ann, Mary and Sarah, share and share alike ; and for the purpose of such sales I do hereby authorize and empower my said Executors to convey the said premies by good and sufficient deeds or conveyances to the purchaser or purchasers thereof in fee simple. * Item, all the rest, residue and remainder of my estate I have not hereinbefore given or devised, of what nature and kind soever, I give, devise and bequeath unto my six children, John, Peter, James, Ann, Mary and Sarah, and to their heirs and assigns forever, equally to be divided between them, share and share alike."
Appoints John L. Lawrence, John Vanderbilt, Junior, and Peter Van Zandt, his executors. Letters were granted to all three. See Liber 50, Wills 299.
Peter Pra Van Zandt died in 1812, leaving him surviving a widow, who died in December, 1817, and the following chil- dren :
I. John Van Zandt.
2. James Van Zandt.
3 . Peter Van Zandt.
251
THE PETER SAWYER LOT.
4. Ann, wife of George Janeway.
5. Mary Van Zandt.
6. Sarah, wife of William Janeway.
On 21 July, 1813, Gilbert Shotwell recovered a judgment against John Van Zandt for $6,000, and sold his interest in the farm in question under execution issued thereunder.
SIMON FLEET, Sheriff, etc., to GILBERT SHOTWELL.
SHERIFF'S DEED.
Dated 14th Dec., 1816. Proved 13th Dec., 1816. Rec. 14th Dec., 1816. I 32 Conveyances, 96. Consideration, $750.
CONVEYS all the right, title and interest whereof the said John Van Zandt was seised on the said 21st day of July, 1813, or at any time afterwards, of, in and to All that certain piece or parcel of land situate, lying and being in the Ninth Ward of the said city. Bounded Westerly in front by the old Harlem Road, Easterly by land of the Widow Hardenbrook, Southerly by land of Abraham K. Beekman, and Northerly by land of the said Widow Hardenbrook. Containing eighteen acres, be the same more or less.
GILBERT SHOTWELL to ROBERT J. MURRAY.
DEED.
Dated 16th June, 1821. Ack. 16th June, 1821. Rec. 28th Nov., 1827. 227 Conveyances, 485. Consideration, $1,600.
CONVEYS all his right, title and interest in one-sixth of same premises.
DEED.
ROBERT J. MURRAY and ELIZABETH C., his wife, to JOHN W. VAN ZANDT.
Dated 17th Dec., 1825. Ack. 7th Jan., 1826. Rec. 3Ist Mar., 1826. 204 Conveyances, 37. Consideration, $1.00.
252
THE PETER SAWYER LOT.
CONVEYS all the right, title and interest that was heretofore of John Van Zandt in same premises.
Sarah Janeway having survived her husband, died intestate on the 20th May, 1818, leaving three children :
I. Sarah, wife of Augustus T. Freeman.
2. George Janeway.
3. William Janeway.
James Van Zandt died leaving a widow, Experience Van Zandt, and two children :
I. Ann Eliza, wife of John R. Hedley.
2. Peter P. Van Zandt.
Last Will and Testament of JAMES VAN ZANDT.
Dated - Oct., 1825. Proved 22d July, 1826. 60 Wills, 338.
After certain devises to his daughter, Ann Eliza, wife of John R. Hedley, and to his son, Peter Pra Van Zandt, testator pro- vides as follows : " I give and devise unto my said wife all my undivided share and interest of, in and to the lot commonly called the Eighteen acre lot, and known by the name of Peter Sawyer's lot, situate on the road leading past the residence of my late father, near its junction with the Third Avenue."
JOHN R. HEDLEY and ANN ELIZA, his wife, and PETER P. VAN ZANDT to
EXPERIENCE VAN ZANDT, widow of JAMES VAN ZANDT.
DEED.
Dated 7th Sept., 1826. Ack. 8th Sept., 1826. Rec. 9th Sept., 1826. 208 Conveyances, 439. Consideration, $1.00.
CONVEYS all that certain tract of land situate in the Twelfth Ward of the City of New York, and of which Peter Pra Van Zandt, of the said City, gentleman, died seised, and described
253
THE PETER SAWYER LOT.
in the last will and testament of the said Peter Pra Van Zandt as " That certain tract of land situate, lying and being between the land of Abraham Beekman and the Widow Hardenbrook, commonly called ' Peter Sawyer's lot,'" as by reference to the said Will will more fully appear, and which said tract of land contains, by the survey of E. W. Bridges, City Surveyor, Sev- enteen acres and 1% of an acre, be the same more or less.
William Janeway, one of the children of Sarah Janeway, being an infant, application was made to the Court of Chan- cery for leave to sell his interest in the tract in question. On 4th September, 1826, Mary Van Zandt was appointed Special Guardian, with authority to sell said infant's interest in the Peter Sawyer lot.
ANN JANEWAY, widow of GEORGE JANEWAY, MARY VAN ZANDT, EXPERIENCE VAN ZANDT, widow of JAMES VAN ZANDT, PETER VAN ZANDT and SARAH, his wife, JOHN W. VAN ZANDT and CAROLINE A., his wife, AUGUSTUS T. FREE- MAN and SARAH ANN, his wife, GEORGE JANEWAY and WIL- LIAM JANEWAY (by his Guar- dian, MARY VAN ZANDT),
to NATHANIEL PRIME.
DEED.
Dated 8th Sept., 1826. Ack. 8th Sept., 1826. Rec. 9th Sept., 1826. 208 Conveyances, 437. Consideration, $11,693.
CONVEYS same premises by same description.
See Liber 271 Conveyances, page 5, for sheriff's deed, dated 16th February, 1829, conveying to said Nataniel Prime, all the interest Gilbert Shotwell had on 4th February, IS18, in tract in question, by virtue of a sale under execution made on 16th November, IS27.
n d
254
THE PETER SAWYER LOT.
DEED.
The Mayor, Aldermen and Com- monalty of the City of New York to NATHANIEL PRIME.
Dated 26th Nov., 1829. Proved 17th Nov, 1835. Rec. 8th Dec., 1835. 346 Conveyances, 177. Consideration, $100.
CONVEYS all that certain lot, piece or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, and bounded and containing as follows : Beginning at a corner at the Easterly side of the old Post Road, distant thirty feet Northeasterly from the Northeasterly line or side of Sixty-sixth Street, as established by law, and running thence Northwest- erly along the Southwesterly side of land belonging to the estate of Peter Schermerhorn, sixty-four feet six inches to the Westerly boundary of the said land which separates the same from the road ; thence Southerly two hundred and five feet to an obtuse angle on the Westerly boundary of land belonging to the said party of the second part ; thence Northeasterly along the Northwesterly side of the said land one hundred and eighty- eight feet to the place of beginning. The same being a tri- angular piece of land heretofore lying open as part of the old Post Road, as by a map thereof made by George B. Smith, City Surveyor, dated October 5th, 1829, and hereunto annexed, will appear.
NATAHNIEL PRIME and CORNELIA, his wife, to ISAAC GREEN PEARSON and WILLIAM BEACH LAWRENCE.
DEED.
Dated 25th May, 1835. Ack. 13th June, 1835. Rec. Ioth July, 1835. 339 Conveyances, 298. Consideration, $85,000.
CONVEYS both the parcels, vested in said Nathaniel Prime
255
THE PETER SAWYER LOT.
by the two preceding deeds, by substantially the same descrip- tion.
ISAAC GREEN PEARSON and WILLIAM BEACH LAWRENCE to NATHANIEL PRIME.
MORTGAGE.
TO SECURE $80,000. Dated 25th May, 1835. Ack. Ist July, 1835. Rec. Ioth July, 1835. 188 Mortgages, 28.
COVERS same premises by same description.
The above mortgage was satisfied of record on 20th April, 1841.
DEED.
ISAAC GREEN PEARSON and ELIZA, his wife, to WILLIAM BEACH LAWRENCE.
Dated 25th May, 1840. Ack. 16th June, 1840. Rec. 24th June, 1840. 409 Conveyances, 174. Consideration, $42,400.
CONVEYS all the one equal undivided half part of same prem- ises by same description. Subject to the payment of half of the preceding mortgage.
AGREEMENT.
WILLIAM BEACH LAWRENCE with NATHANIEL PRIME.
Dated 24th June, 1840. Not recorded, bnt recit- ed in bill in suit of Prime vs. Lawrence, hereinafter set forth.
The said Nathaniel Prime agrees that he will satisfy the above mortgage for $80,000, on receiving a deed for a divided moiety of the premises covered thereby, and two bonds, one for $12,000 and the other for $4,000, secured by mortgage on the other divided moiety of said tract. That the above instru-
256
THE PETER SAWYER LOT.
ments shall be held in escrow until the premises shall be freed from the lien of a certain judgment recovered against Isaac G. Pearson, and that foreclosure proceedings shall be instituted to foreclose the said mortgage for $80,000 given by said Pearson and Lawrence, and that if said Lawrence should become the purchaser under the sale made thereunder, said foreclosure proceedings and purchase shall not constitute a bar to the ful fillment of this agreement.
In pursuance of this agreement the following deed was executed :
DEED.
WILLIAM BEACH LAWRENCE and ESTHER, his wife, to NATHANIEL PRIME.
Dated 25th May, 1840. Ack. 22d June, 1840. Rec. 20th April, 1841. 414 Conveyances, 323. Consideration, $40,000.
CONYEYS all that certain tract, piece or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, and which is bounded and contains as follows, viz. : Beginning at a point on the Easterly side of the old Post Road where the said old Post Road intersects a line equi-distant from Sixty- fifth (65) and Sixty-sixth (66) streets ; thence running Easterly through the centre of the block five hundred and sixty-two feet to the centre of the Second Avenue; thence Southerly along the centre of the said Second Avenue one hundred and thirty feet four inches to the centre of the intersection of Second Avenue and Sixty fifth street ; thence Easterly along the centre of Sixty-fifth (65) street seven hundred and fifty feet to the centre of the intersection of First Avenue and Sixty-fifth (65) street ; thence Northerly along the centre of the said First Avenue one hundred and thirty feet four inches to the centre of the block between Sixty-fifth (65) and Sixty-sixth (66) streets ; thence Easterly and along the centre of the said block
257
THE PETER SAWYER LOT.
six hundred and fifty feet and ten inches to the land of Peter Schermerhorn ; thence Northerly along said land to the South- erly line of Schermerhorn's lane, as laid down on the map hereunto annexed ; thence Westerly along Schermerhorn's lane aforesaid to the rear of the lot marked Number One (I) on said map ; thence along the rear of the said lot number one (1) twenty-seven feet six inches; thence Westerly sixty-four feet six inches to the old Post Road; thence Southerly along the old Post Road to the place of beginning. The said tract being distinguished on the map " hereunto" annexed, as the part colored yellow.
Before instituting proceedings for said foreclosure the said Nathaniel Prime died, leaving a will as follows :
Last Will and Testament of NATHANIEL PRIME.
Dated 24th April, 1840. Proved 23d Dec., 1840. 8I Wills, 691.
Atter bequeathing to his wife, Cornelia, an annuity of ten thousand dollars and devising to her his country house near Hell Gate, to have and to hold the same as long as she shall continue to reside thereon (which bequest and devise are de- clared to be in lieu of dower), he provides as follows : " Item, I direct that all the residue of my estate, real and personal, shall be divided into seven shares in the manner hereinafter directed. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my son, Frederick Prime, his heirs, executors and adminis- trators. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my sons, Rufus Prime and Frederick Prime, in trust to receive the rents, profits and income thereof, and to apply the same to the use of my son, Edward Prime, during his life. Item, I
258
THE PETER SAWYER LOT.
give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my sons, Edward Prime and Frederick Prime, in trust to receive the rents profits and income thereof and to apply the same to the use of my son, Rufus Prime, during his life. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my executors, in trust to receive the rents, profits and income thereof and to apply the same to the separate use of my daughter, Cornelia, wife of Robert Ray, during her life, free from the control, debts and engage. ments of her present or any future husband. Item, I give. devise and bequeath one share or seventh part of my said residuary real and personal estate to my executors, in trust to receive the rents, profits and income thereof and to apply the same to the separate use of my daughter, Emily, wife of William Seton, during her life, free from the control, debts and engagements of her present or any future husband. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my executors, in trust to receive the rents, profits and income thereof and to apply the same to the separate use of my daughter, Matilda, wife of Gerard H. Coster, during her life, free from the con- trol, debts and engagements of her present or any future hus- band. Item, I give, devise and bequeath one share or seventh part of my said residuary real and personal estate to my executors, in trust to receive the rents, profits and income thereof and to apply the same to the separate use of my daughter, Laura, wife of John C. Jay, during her life, free from the control, debts and engagements of her present or any future husband. Item, As to each of the last-mentioned six shares or seventh parts, after the death of the child during whose life it is devised in trust as aforesaid, I give, devise and bequeath the same as follows, that is to say : I give the same in fee, after the death of such child of mine, to such
259
THE PETER SAWYER LOT.
one or more of the children and descendants of such child of mine, and in such shares or proportions as such child of mine, by his or her last will and testament or instrument in the nature thereof, which each of my daughters, though married, is hereby authorized to make, shall devise, direct or appoint, and for want of such direction and appointment and so far as the same shall not extend, I give the same in fee, after the death of such child of mine, to his or her child or children who shall be then living, and to the child or children, then living, of every child of his or hers who shall then be dead, as tenants in common, the child or children of a deceased child of such child of mine to take the same share which his, her or their parent, if living, would be entitled to ; and if such child of mine shall have no child or descendant who shall survive him or her, then I give the same in fee, after the death of such child of mine, to his or her heirs-at-law. Item, I authorize the trustees, to whom each of the said six shares of my residuary estate is devised in trust as aforesaid, out of the rents, profits and income thereof, to keep the real estate included in the said share in good repair, and to pay all taxes and assessments thereon, and to insure buildings against dam- age by fire, and to rebuild such as may be destroyed, and to make leases for terms not exceeding twenty-one years, to com- mence in possession during the life of the child of mine during whose life the land is devised in trust as aforesaid, and for such rents and on such terms and conditions as they shall deem advisable, and also, with the consent of such child of mine, to sell and convey in fee the real estate included in such share and to invest the money arising from such sale in other real estate in the State of New York, to be held by them on the same trusts, and to go and be disposed of in like manner as the property so sold would have been held and gone and been dis- posed of if it had not been sold. * * Item, I authorize my wife and children, and the major part
260
THE PETER SAWYER LOT.
of them, and the survivors of them, and the major part of such survivors, by writing under their hands and seals, to appoint three persons to be commissioners to make partition of my residu- ary estate, real and personal, into seven shares, as aforesaid ; and I authorize such commissioners, and any two of them, to make such partition ; and I direct that, in making the same, they shall, as nearly as conveniently may be, include in each share an equal seventh part of my residuary real estate, and an equal seventh part of my residuary personal estate, but as it may happen that this cannot in all cases conveniently be done, they may, if they think it necessary, make up for any inequality in the value of the real estate by means of the personal estate, and I direct that, in making such partition, the real estate be valued at its fair value. I further direct that, in making such par- tition, the sums that have been or shall be advanced by me for any one of my children, shall be taken as part of my per- sonal estate and as part of the share of the child for whom they are advanced, but no interest shall be charged on them except from the time of my decease ; and in order that the amount of such advance may be definitely ascertained, it is my intention to add a codicil hereto stating the same, and to alter it, if necessary, from time to time; and nothing is to be charged for any advances which are not specified in such codicil. Item, I direct that, after my residuary estate shall be divided into seven shares as aforesaid, each of the said shares shall be held in severalty ; and I authorize the said Commissioners, or any two of them, to execute deeds conveying the said shares, respectively to be held by the persons and in the manner and for the purposes and on the trusts herein directed. And as to such of the said shares as are devised and bequeathed in trust as aforesaid, I direct that the accounts respecting them be kept separate. And as it may be inconvenient to make partition of the land devised to my wife during the continu- ance of her estate therein, I direct that partition of the rest
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THE PETER SAWYER LOT.
of my residuary estate may be made first, and afterwards and in the same manner, of the said land. Item, I charge one- seventh part of the annuity bequeathed to my said wife on each of the said seven shares of my residuary estate, and direct that one-seventh part thereof be paid by the devisee or devisees to whom such share is devised as aforesaid. Item, I authorize my Executors to make partition of any real estate which, at the time of my death, I shall be seised of or entitled to, as tenants in common with any other person or persons, and to execute proper deeds and conveyances to carry such partition into effect, and to pay or receive money for equality of par- tition. Item, I authorize my Executors, at any time before the partition thereof shall have been made as above directed, to sell all or any part of the real estate whereof I may die seised, at public auction or at private sale, for cash or on credit, or partly for cash and partly on credit, and on such terms as they may think expedient, and to execute valid con- veyances in fee to the purchasers, and the money and proceeds arising from such sale or sales (if any be made) shall go, and be disposed of, in the same manner as the real estate would have gone and been disposed of if no sale had been made. And the lands devised to my wife may be sold and conveyed in like manner before partition thereof, though after the par- tition of the rest of my estate ; but no such sale shall be made during the continuance of her estate therein without her con- sent. Item, All the powers, authorities, estates and trusts hereby given to my executors, I do hereby give to such of them as shall take on themselves the execution of this will, and to the major part of them and to the survivors and last survivor of them. Item, I appoint my sons, Edward Prime, Rufus Prime and Frederick Prime, Executors of this my will."
Letters Testamentary were granted to all three Executors. (See Liber 5 Letters Testamentary, page 133.)
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THE PETER SAWYER LOT.
IN CHANCERY. Before Vice-Chancellor.
EDWARD PRIME, RUFUS PRIME and FREDERICK PRIME, executors, etc., of NATHANIEL PRIME, deceased, vs. ISAAC GREEN PEARSON, WILLIAM BEACH LAWRENCE, MOSES MAY- NARD, JR., and ELIZA B. MAYNARD, his wife, and GEORGE A. HEARN, which said ELIZA B. MAYNARD and GEORGE A. HEARN are the adminis- tratrix aud administrator, etc., of CORNELIUS J. WILLIAMS, deceased.
1841-January 12. Bill filed to foreclose mortgage recorded in Liber 188 Mortgages, page 28.
February 11. Order pro confesso vs. Maynard, Jr., and wife, and George A. Hearn, on con- sent of William Betts, their solicitor, and against Lawrence and Pearson, on proof of service of subpæna and of no answer.
February 12. Order of reference to compute amount due.
March 9. Master reports $88,280 due.
March 9. Decree of foreclosure and sale entered.
April 15. Decree enrolled.
DAVID CODWISE, Master in Chancery, to WILLIAM BEACH LAWRENCE.
DEED.
Dated 15th April, 1841. Ack. 20th April, 1841. Rec. 20th April, 1841. 414 Conveyances, 325. Consideration, $32,000.
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THE PETER SAWYER LOT.
CONVEYS same premises covered by the mortgage foreclosed by same description.
WILLIAM BEACH LAWRENCE to
EDWARD PRIME, RUFUS PRIME, FREDERICK PRIME, CORNE- LIA, wife of ROBERT RAY, EMILY, wife of WILLIAM SE- TON, MATILDA, wife of GER- ARD H. COSTER, LAURA, wife of JOHN C. JAY, children of NATHANIEL PRIME.
DEED.
Dated 20th April, 1841. Ack. 20th April, 1841. Rec. 20th April, 1841. 414 Conveyances, 321. Consideration, $1.00.
RECITES agreement to convey dated 24th June, 1840, and will of Nathaniel Prime.
CONVEYS same premises conveyed to Nathaniel Prime by deed dated 25th May, 1840, and recorded in 414 Conveyances, 323, above set forth.
In pursuance of the agreement above set forth, William B. Lawrence had mortgaged the part of this farm still remaining in him, as follows :
WILLIAM BEACH LAWRENCE and ESTHER R., his wife, to NATHANIEL PRIME.
MORTGAGE.
TO SECURE $12,000. Dated 25th May, 1840. Ack. 22d June, 1840. Rec. 20th April, 1841. 245 Mortgages, 548.
COVERS all that certain tract, piece or parcel of land situate, lying and being in the Twelfth Ward of the City of New York, and which is bounded and contains as follows, viz : Beginning
264
THE PETER SAWYER LOT.
at a point on the Easterly side of the old Post Road, where the said old Post Road intersects a line equi-distant from Sixty-fifth and Sixty-sixth streets ; thence running Easterly through the centre of the block five hundred and sixty-two feet to the centre of the Second Avenue ; thence Southerly along the centre of the said Avenue one hundred and thirty feet four inches to the centre of the intersection of Second Avenue and Sixty-fifth Street ; thence Easterly along the centre of Sixty-fifth Street seven hundred and fifty feet to the centre of the intersection of First Avenue and Sixty-fifth Street ; thence Northerly along the centre of the said First Avenue one hundred and thirty feet four inches ; thence Easterly and along the centre of the block between Sixty-fifth and Sixty-sixth streets six hundred and fifty feet ten inches to the land of Peter Schermerhorn; thence Southerly along said land four hundred and thirty feet two inches to the land now or late of Beekman ; thence Westerly along the land of the said Beekman to the old Post Road ; thence Northerly along the old Post Road to the place of beginning.
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