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 18
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280
THE WIDOW HARDENBROOK TRACT.
shall vest in my right heirs-at-law. Tenth. But should my said daughter-in-law, contrary to my wishes and earnest entreaties, refuse or decline or neglect to vest, or cause to be vested, in my said three grandchildren, or the survivors or survivor of them, the said estate derived by her under the will of her said hus- band from my deceased wife, in manner aforesaid, or should my said three grandchildren all die before me without leaving any issue, then and in either such case I hereby order and direct the whole of my estate, both real and personal, to be divided into three equal parts, one of which parts I hereby give and devise and bequeath unto each of my three said surviving sons, their respective executors, administrators, issue and heirs, under the same limitations and restrictions, with the same powers, in the same events, for the same estates and in the same manner in all respects as is above particularly expressed in regard to each of my said three surviving sons, in the event of -my estate being divided into four equal parts. Eleventh. Whatever shares, whether the one-fourth or the one-third part, my said three surviving sons may respectively take in my estate, I hereby authorize and empower them respectively, and each of them, and the guardians for my said three grandchildren during their respective minorities, and my said three grandchildren them- selves, after their respective majorities, in case they shall take a share in my estate under this my will, to lease their respective shares of my real estate, or any part or parts thereof, for any term of years not exceeding seven, to commence in possession or within three months after the execution of the lease, except the lots of the Louvre and Belmont Farms, and the lots in the City of Brooklyn, which may be let for any term of years they may severally see fit, not exceeding twenty-one years. *
* Fourteenth. Believing it to be for the advantage of my children, I do most earnestly recommend that no actual division or par- tition be made of my real estate, but that they will agree that the same be managed as one entire estate, etc.
281
THE WIDOW HARDENBROOK TRACT.
Lastly. In order to provide for the event of any lapsed or void legacy or devise, or any other contingency which may happen, whereby it may be adjudged that I shall have died intestate in regard to any part or parts of my property or estate, either real or personal, I hereby give, devise and bequeath all and singular the rest, residue and remainder of my property and estate, whatsoever and wheresoever, both real and personal, unto my before-named three sons and my said three grandchildren (the said grandchildren, or the survivors or survivor of them, taking together, if more than one, one share); share and share alike, in case my said grandchildren shall, according to the foregoing provisions of my will, take any share in my said property and estate. But in case they shall not take any share therein, then I hereby give, devise and bequeath the said rest, residue and remainder to my said three sons and the issue of such of them as may hereafter die before me, such issue taking the same share as the deceased parent would have taken, had he sur- vived me."
By codicil dated 3d February, 1852, he provides, amongst other clauses, as follows : "First. Whereas I have, by my said will, given and devised to each of my three sons, John J. Scher- merhorn, Edmund H. Schermerhorn and William C. Scher- merhorn, for their respective lives, a certain share or por- tion of my real estate, with remainder to certain persons and in certain events in said will specified. And whereas I now deem it expedient to give to each of my said three sons in fee the portion of my said real estate which would vest in him for life under my said will ; now therefore, I hereby revoke, annul and disallow all and singular the provisions of my said will whereby any future estate is created in either of said three shares after the death of my said sons or either of them, or whereby any part of my real estate is devised to any persons or class of persons on the death of my said sons or either of them.
282
THE WIDOW HARDENBROOK TRACT.
And I hereby give and devise to each of my said three sons absolutely in fee all and every share or portion of my real estate by said will given or devised to him for life, subject neverthe- less to the power of sale by said will and by this codicil con- ferred on my executors as to certain parts thereof, but with no other restriction, limitation or qualification. And it is my meaning and intention that this modification of said devise shall equally take effect whether the share of my real estate taken by each of my said sons shall be the one-third or the one-fourth part thereof, or, in other words, whether the widow of my deceased son, Peter Augustus Schermerhorn, shall or shall not elect to comply with the condition on which I have by my said will devised a part of my property and estate to the children of my deceased son. Second. I authorize and empower my said Executors, in their discretion, and whenever they may think fit, to sell and convey those portions of my real estate in the City of New York which are known as the Louvre Farm and the Belmont Farm, or any part or parts of either, and my real estate in the City of Brooklyn or any part or parts thereof, the proceeds of any such sale to be deemed real estate and not per- sonal property, to be disposed of by my said executors accord- ingly."
Peter Schermerhorn died on 23d June, 1852, leaving him surviving three children-
I. John Jones Schermerhorn,
2. William C. Schermerhorn,
3. Edmund H. Schermerhorn,
and three grandchildren, children of his deceased son, Peter Augustus Schermerhorn-
I. Ellen, afterwards wife of Richard T. Auch- muty, whom she married in February, 1867.
2. Henry A. Schermerhorn,
3. Frederick A. Schermerhorn.
283
THE WIDOW HARDENBROOK TRACT.
Henry A. Schermerhorn, one of the children of Peter Augus- tus Schermerhorn, died on 9th June, 1869, unmarried, intestate and without issue.
ADELINE E. SCHERMERHORN to ELLEN SCHERMERHORN, HENRY A. SCHERMERHORN and FRED- ERICK AUGUSTUS SCHERMER- HORN.
DEED.
Dated 16th July, 1852. Proved 16th July, 1852. Rec. 22d July, 1852. 608 Conveyances, 621. Consideration, $1.00.
RECITES will of Peter Augustus Schermerhorn, and the will of his father, Peter Schermerhorn, and that she, the said Adeline E. Schermerhorn, has elected to dispose of the share of the said Peter Augustus Schermerhorn in the real estate of his mother, vested in her by his will, in such manner as to comply with the provisions of the said will of Peter Schermer- horn.
CONVEYS all and singular the share, part and portion which the said Peter Augustus Schermerhorn had and inherited, or was in any way entitled to at the time of his death, in the real estate whereof his mother, the said Sarah Schermerhorn, died seised, or was in any way entitled to at the time of her death, and which passed and were devised by him, the said Peter Augustus Schermerhorn, under and by virtue of his last will and testament to the said party of the first part.
Attached to this deed and recorded immediately thereafter is an admission, by the testamentary guardians of the infant children of said Peter Augustus Schermerhorn, of due delivery of said deed to them on 16th July, 1852.
.
284
THE WIDOW HARDENBROOK TRACT.
SUPREME COURT.
CITY AND COUNTY OF NEW YORK.
WILLIAM C. SCHERMERHORN and ANN E. H., his wife, against
EDMUND H. SCHERMERHORN, JOHN JONES SCHERMERHORN, FREDERICK A. SCHERMER- HORN and RICHARD T. AUCH- MUTY and ELLEN, his wife.
G. T. STRONG and E. G. DRAKE, JR., Plaintiff's Attorneys.
18. Complaint in partition filed.
1869-June July 14. Order of reference to James S. Merriam on title. Consent of Chas. E. Strong, attorney for all defendants, attached to this order.
1870-February 4. Referee's report on title filed.
February 4. Decree of partition entered. James Cruik- shank, Andrian H. Muller and James F. Chamberlain appointed Commissioners of partition. Consent of Charles E. Strong annexed.
1871-November 4. Commissioners' report of partition filed.
November 4. Final judgment of partition entered, on similar consent.
Commissioners caused a map to be made of the property to be partitioned, which included also lot number one of the Louvre Farm. This map is bound in a book, and filed in the Regis- ter's office in case number 726. They set apart
To William C. Schermerhorn allotments numbered one and two, and the color red, comprising lots 37, 38, 39, 40
285
THE WIDOW HARDENBROOK TRACT.
on block 271 ; 9, 10, 11, 12, 37, 38, 39, 40, 45, 46, 47, 48 on block 272 ; 19, 20, 21, 22, 23, 24 on block 270 ; 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 183 ; 2812, 29, 30 on block 181 ; 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 on block 93 ; 2812 on block 90 ; 22, 23, 24, 25, 26, 27, 28, 29 on block 91 ; 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 28.
To Edmund H. Schermerhorn allotments seven and eight, col- ored green, comprising lots 41, 42, 43, 44 on block 271 ; 21, 22, 23, 24, 25, 26, 27, 28, 5, 6, 7, 8, 41, 42, 43, 44 on block 272 ; 25, 26, 27, 28, 29, 30 on block 270 ; 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 on block 183 ; 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 on block 93 ; 1, 2, 3, 4, 5; 6, 7. 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 29.
To John Jones Schermerhorn allotments numbers five and six, colored yellow, comprising lots 45, 46, 47, 48, 33, 34, 35, 36, 19, 20, 21, 22, 23, 24 on block 271 ; 13, 14, 15, 16, 33, 34, 35, 36 on block 272 ; 52, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 on block 184 ; 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 on block 182, 47 on block
286
THE WIDOW HARDENBROOK TRACT.
92 ; 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 27.
To Ellen Auchmuty allotment three, colored blue, comprising lots 27, 28, 29, 30 on block 271 ; 3, 4, 19, 20, 29, 30 on block 272 ; 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 on block 182 ; 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 47, 48 on block 94 ; 26, 27, 28, 29 on block 92 ; 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 on block 26.
To Frederick A. Schermerhorn allotment four, colored pink, comprising lots 25, 26, 31, 32 on block 271 ; I, 2, 17, 18, 31, 32 on block 272 ; 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 on block 182 ; 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 on block 94 ; 22, 23, 24, 25 on block 92 ; 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 on block 30.
Ellen Auchmuty to pay $244.3412 to Frederick A. Scher- merhorn. John Jones Schermerhorn to pay $1,633.21 to Wm. C. and Fred. A. Schermerhorn.
Notes on the Widow Hardenbrook Fract.
THE LOUVRE FARM.
The title to this tract was originally derived from three sources, as follows : The Northeasterly portion, consisting of about sixty acres, was conveyed by Patent from the State to John Bassett. The Southeasterly portion, consisting of about thirty acres, was conveyed by Patent from the State to Cor- nelius Mattysen. The rest of the tract, consisting of about thirty-three acres and a quarter, was conveyed by the City to John Jones. (See Map of the Patents, ante page 249, for the location and boundaries of these respective pieces.)
TITLE TO JOHN BASSETT PIECE.
PATENT.
SIR EDMUND ANDROS, Governor, etc., to JOHN BASSETT.
Dated 9th Oct., 1677. Recorded in Secretary State's Office at Al- bany. 4 Patents, 127.
" Whereas there is a certain piece of land upon this island Manhattans, ye which, by virtue of my warrant, hath beane layd out for John Bassett, ye said land being in breadth by ye water side eighty rodds, and ranging into ye woods one hun- dred and twenty rodds, being bounded to ye Northeast by ye land of George Elverson, to ye Northwest by ye Commons, and
288
THE LOUVRE FARM.
to ye Southwest by ye land of Cornelius Mattison. Containing in all sixty acres, as by ye returne of ye survey may and doth appeare."
CONVEYS said premises to the patentee, reserving " a quitt rent of one bushell of good winter wheat, to be paid at New York."
DEED.
JOHN BASSETT to
WILLIAM GREEN.
Not recorded, bnt recit- ed in 65 Conveyances, 367.
CONVEYS same premises.
DEED.
WILLIAM GREEN to
WILLIAM HALLETT.
Not recorded, but recit- ed in 65 Conveyances, 367.
CONVEYS same premises.
DEED.
WILLIAM HALLETT to
GEORGE HALLETT.
Not Recorded, but recit- ed in 65 Conveyances, 367.
CONVEYS same premises.
TITLE TO CORNELIUS MATTYSEN PIECE.
SIR EDMUND ANDROS, Governor, etc., to PATENT.
CORNELIUS MATTYSEN.
CONVEYS that certain piece of land upon this Island Man
289
GENERAL TITLE.
hattans lying and being to ye Northward of Turtle Bay, being bounded to ye Southwest by ye land of Jacobus Fabricius, and to ye Southeast by ye River, being in breadth by ye River eighty rods, and in length one hundred and twenty rods, being bounded to ye Northeast by ye land of John Bassett and to ye Northwest by ye Commons. Containing sixty acres.
CORNELIUS MATTYSEN
to JOHANNES PIETERSON.
DEED. Not recorded, but recit- ed in 65 Conveyances, 367.
CONYEYS the Northeasterly thirty acres included in the tract in question.
JOHANNES PIETERSON
to GEORGE HALLETT.
DEED. Not recorded, but recit- ed in 65 Conveyances, 367.
CONVEYS same premises.
Thus George Hallett became seised of ninety acres of the farm in question, being all of said farm not vested in the City.
GEORGE HALLETT and PRECILLA, his wife, to ABRAHAM LAMETER.
DEED. Dated 2d May, 1727. Not recorded, but recit- ed in 65 Conveyances, 367.
CONVEYS said ninety acres.
290
THE LOUVRE FARM.
ABRAHAM LAMETER and CATHARINA, his wife, to DAVID PROVOOST.
DEED.
Dated IIth Sept., 174- Not recorded, but recit ed in 65 Conveyances, 367.
CONVEYS all them two tracts, pieces or parcels of lands situ ate, lying and being on the Island Manhattans, in the outward of the City aforesaid, containing ninety acres in all, sixty acre whereof was by patent from Edmund Andross, Esq., then Gov ernor and Commander-in-chief of this Province, granted to John Bassett, his heirs and assigns, which patent bears date the nintl day of October, Anno Domini 1677, which said John Basset did convey the said sixty acres to William Green, and the said William Green did convey the same to William Hallett, and the said William Hallett did grant the said sixty acres to George Hallett, his heirs and assigns forever. And thirty acres residue of the said ninety acres, was likewise granted by the said Edmund Andross, Esq., to Cornelius Mattysen, and con veyed by the said Cornelius Mattysen to Johannes Pieterson and conveyed by said Pieterson to the said George Hallett and to his heirs and assigns forever, which said sixty acres anc said thirty acres was granted, sold and conveyed by the saic George Hallett and Precilla, his wife, unto the said Abraham Lameter by an indenture bearing date the second day of May Anno Domini 1727, reference being thereunto and all other the conveyances respectively above-mentioned had, may more fully and at large appear, and the said sixty acres contains in breadth along the water side eighty rod, and ranging into the woods one hundred and twenty rod, being bounded on the Northeast by the land late of Thomas Hook, deceased, and now of Johannes Devoer, to the Northwest by the Commons, to the Southwest by the said thirty acres, and Southeast by the River. And the said thirty acres contains in breadth by the water side
CH
W
291
GENERAL TITLE.
forty rod, and ranging into the woods one hundred and twenty rod, being bounded Southwest by the land now of John Bass, Northeast by the said sixty acres, Northwest by the Commons, and Southeast by the River, more or less.
DEED.
DAVID PROVOOST to SARAH BOLTON LOFTUS.
Dated 6th Dec., 1777. Not recorded, but recit- ed in 44 Conveyances, 23C.
CONVEYS all that certain Mansion or Dwelling House, Lands and premises, called the Louvre Farm, situate, lying and being in the outward of the City of New York aforesaid. " To have and to hold the said mansion or dwelling-house and farm and premises therein mentioned and described, and thereby granted, or meant, mentioned or intended so to be, with their and every of their appurtenances, from and immediately after the decease of the said David Provoost, unto and to and for the sole and only pro- per use and benefit and behoof of the said Sarah Boulton Loftus, during the term of her natural life, if she shall so long remain unmarried, the family of the said David Provoost having liberty to go to and from the Family Vault, as occasion may require, with full power and authority hereby given her, if she should survive the said David Provoost, to grant, convey and assign, either by Deed or Will, as she, the said Sarah Boulton Loftus, should think fit, all and singular the said mansion or dwelling house, lands and farm, called the Louvre, thereinbefore men- tioned and described, and all and every the Hereditaments and appurtenances, as well as the several articles and things what- soever to and about the same, unto such Grand Child or Grand Children of him, the said David Provoost, lawfully begotten, whether in line of his son John Provoost or that of his son William Provoost, in such proportion, share and part as the
292
THE LOUVRE TRACT.
said Sarah Boulton Loftus should, by such deed or will, direct and appoint, and to be and remain by virtue thereof unto such Grand Child or Grand Children and his, her or their Heirs Male forever, as tenants in common and not as joint tenants."
Last Will and Testament of DAVID PROVOOST.
Dated Ist Sept., 1781. Proved 29th Oct., 1781. 34 Wills, 304.
" I do hereby ratify and confirm the deed of gift which I have heretofore executed to the said Sarah Bolton Loftus, for the farm, buildings and improvements thereon, on which I now reside, situate on the East River, and commonly called the Louvre, and also all such other deeds and instruments in writing as I have heretofore executed to the said Sarah Bolton Loftus, which I hereby will shall have their full power and effect, ac- cording to their true intent and meaning."
SARAH BOLTON LOFTUS to JAMES PROVOOST, eldest son of JOHN PROVOOST, eldest son of DAVID PROVOOST.
DEED.
Dated 19th Mar., 1787. Ack. 22d Mar, 1787. Rec. 4th June, 1787. 44 Conveyances, 230. Considerat'n, IO shillings
RECITES a request by the children of John and William Pro- voost, the sons of said David Provoost, that the said Sarah Bolton Loftus execute the power, trust and authority given her by said deeds and will, and that, in execution thereof, she con- vey the said premises to James Provoost, one of said grand- children, and to his heirs and assigns, to the end that he, the said James Provoost, being so seised, may convey and grant unto the rest of the said grandchildren of said David Provoost, each one equal and undivided eighth part of said premises, to
293
GENERAL TITLE.
be held and enjoyed by them and their respective heirs and assigns as tenants in common, after the death of the said Sarah Bolton Loftus.
CONVEYS same premises " in as full and ample manner as she, the said Sarah Bolton Loftus, hath power and authority to grant and convey the same." To have and to hold the same, from and immediately after the decease of the said Sarah Bol- ton Loftus, unto the said James Provoost, his heirs and assigns forever.
JAMES PROVOOST to
JOHN PROVOOST, of 2d part, DAVID PROVOOST, of 3d part, JOHANA BOWNE, of 4th part, Children of JOHN PROVOOST, WILLIAM PROVOOST, of 5th part, CATHARINE PROVOOST, of 6th part, JOHANNA KELLY, wife of SAMUEL KELLY, of 7th part, HELENA, wife of PETER YS- BRAND BUURMA, of 8th part, Children of WILLIAM PRO- VOOST.
DEED.
Dated 20th Mar., 1787. Ack. 22d Mar., 1787. Rec. 5th June, 1787. 44 Conveyances, 238. Considera'n 10 shillings.
CONVEYS to each one full, equal and just undivided eighth part of same premises.
DEED.
SAME
to SAME.
Dated 2Ist Mar., 1787. Ack. 22d Mar., 1787. Rec. 6th June, 1787. 44 Conveyances, 253. Consideration, £10.
294
THE LOUVRE TRACT.
RECITES that " whereas it is the intention of the said parties to these presents that the estate of the said David Provoost, deceased, shall be divided equally among all his Grand Chil- dren, and Doubts may arise as to the Construction or Efficacy of any Deeds already executed for that purpose by the said James Provoost, and in order to remove all doubts."
CONVEYS to said parties (in their actual possession by virtue of a bargain and sale thereof made for one whole year, by indenture bearing date the day next before the date of these presents, and by force of the statute for transferring uses into possession) and to their heirs and assigns forever, all those seven equal undivided eighth parts, the whole into eight equal parts to be divided, of same premises by same description.
Catharine Provoost married Samuel Armour.
Helena Y. Buurma became a widow and married David Deas, as recited in next deed.
James Provoost died, leaving two children, viz. : Catharine Johanna, who married Benjamin R. Seaman, and Ann R., who married George C. Thomas.
JOHN BOWNE and JOHANNA, his wife, of Ist part, JOHN PRO- VOOST and CATHARINE, his wife, of 2d part, SAMUEL KELLY and JOHANNA, his wife, of 3d part, SAMUEL ARMOUR and CATHARINE, his wife, of 4th part, DAVID DEAS and HELENA, his wife, of 5th part, WILLIAM T. PROVOOST and MARY, his wife, of 6th part, to JOHN JONES.
DEED.
Dated 18th Mar., 1796. Ack. on different days. Rec. 13th Oct., 1803. 65 Conveyances, 367. Consideration, £1,250 to each of said six par- ties.
295
GENERAL TITLE.
CONVEYS six full, equal and just undivided eighth parts of same tract, after the death of Sarah Bolton Loftus.
Excepting and reserving unto and to the use of said parties of the first, second, third, fourth, fifth and sixth parts, their heirs and assigns forever, all their right and interest of, in and to the family vault built on the aforesaid premises by the said David Provoost, in which the remains of the said David Pro- voost are deposited, with free liberty of egress and regress to and from the said vault by such way or passage, leading from the same, as he, the said John Jones, shall direct and appoint.
Mr. Holmes, in his map of this farm, locates this cemetery on the North side of 71st street, about 250 feet East of Avenue A.
SARAH BOLTON LOFTUS to JOHN LEARY, JR.
DEED. Recited in the following deed.
CONVEYS her life estate in same premises.
DEED.
JOHN LEARY, JR., and ELIZABETH, his wife, to JOHN JONES.
Dated 7th July, 1796. Ack. 7th July, 1796. Rec. 14th Oct., 1803. 65 Conveyances, 377. Consideration, £4,200.
CONVEYS said life estate of Sarah Bolton Loftus in same premises.
DEED.
DAVID PROVOOST and ELIZABETH, his wife, to JOHN JONES.
Dated 14th May, 1802. Ack. 14th May, 1802. Rec. 15th Oct., 1803. 65 Conveyances, 379. Consideration, £1,250.
296
THE LOUVRE TRACT.
RECITES purchase by John Jones of the Louvre Farm on 7th July, 1796 ; that David Provoost, being then an infant, John Bowne, his guardian, agreed to sell said infant's interest in said farm for £1,250, and that said infant should ratify such sale on coming of age and execute a deed of said premises, and further recites that the said David Provoost had now reached full age. Ratifies said contract of sale and releases and conveys same premises by same description, with same reservation.
DEED.
BENJAMIN R. SEAMAN and CATHARINE JOHANNAH, his wife, to JOHN JONES.
Dated 24th Oct, 1804. Ack. 24th Oct., 1804. Rec. 28th Mar., 1805. 69 Conveyances, 224. Consideration, $2,800.
CONVEYS one full equal undivided sixteenth part of same premises by same description, with same reservation.
DEED.
GEORGE C. THOMAS and ANN R., his wife,, to JOHN JONES.
Dated 29th April, 1806. Ack. 30th April, 1806. Rec. 30th Aug., 1809. 84 Conveyances, 56. Consideration, $3, 100.
CONVEYS one full equal undivided sixteenth part of same premises by same description, with same reservation.
Previous to obtaining the above releases from the grand- children of David Provoost, the title had become vested in John Jones, by sale to him by virtue of an act of the legislature, as follows :
297
GENERAL TITLE.
An act of the Legislature was passed April 25, 1785, vesting all the real estate of which the said David Provoost died seised, in George Remsen, Charles Crommelien and Aaron Burr and the survivor of them, in trust to sell and dispose of as they shall deem most conducive to the interest of the devisees of the said David Provoost. And the act further provided that, if they or either of them should neglect or refuse to assume the trust, the Chancellor, upon the application of any of the devisees, might appoint others in their place. Charles Crommelien and Aaron Burr neglected and refused to assume the trust, and the chancellor, on the petition of the devisees of David Provoost, on 21st December, 1785, appointed Daniel Ludlow and Rem P. Remsen Trustees in place of those so refusing.
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